PAB-0013 NOTICE.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case /Title: PAB0013 Federal Patent Easement Abandonment
Meeting Date: May 20, 2015
Supervisor District Effected: 2
Applicant: Department of Transportation
Request: Approve the abandonment of that portion of the Patent easement as proposed
by the owner of the property located at 1154 N. 115th PI, Mesa, AZ 85207 and
being identified as Assessor Parcel No. 220-08-011B.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d.
No comments in opposition have been received.
Discussion: Laws 2013, Chapter 46 amended Arizona Revised Statutes, Section 11-251.16 to
allow a county, at the request of a property owner, to abandon a federal patent
easement established by the Small Tract Act of 1938. On May 7, 2014 the 1V1aricopa
County Board of Supervisors (BOS) approved Ordinance No. P-34, adopting
procedures for the abandonment of federal patent easements. The Maricopa County
Department of Transportation (MCDOT) has considered and processed this
request for abandonment in strict accordance with A.R.S. Section 11-251.16 and
Ordinance No. P-34.
Department Recommendation:
Having no known opposition and having not received any written comments in
opposition from other County departments, other agencies, any utility or the
public, the Department of Transportation (MCDOT), in accordance with
Ordinance P-34, is recommending that the BOS approve the abandonment as
requested.
Presented by: Jennifer Toth, P.E.
Director of Transportation/County Engineer
Attachments: Application / Proof of ownership / Application response checklist
Aerial Exhibit / Patent Easement
Initial Determination request! letter to requestor / Initial response checklist

APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST

Maricopa County Department of Transportation
Engineering Divisil
2901 West Durango Street FlPhoeniX, AZ 85
Phone: (602) 506-8609 UFaX: (602) 506-
PATENT EASEMENT ABANDONMENT APPLI CATION FER 1 1 2015 Li
Applicant Name: Z.NMNA o\-1 4kA__MAkq_V.\ Tracking NO: PAB- Q 13
Mailing Address: JISLJ N),
g.s--ozo .1,QtalLUT SE.
Qty STATE: ZIP.
Telephone: 1-1V0- 3s14- x7s-C- oy (96;), - .309- r7 GisSi
Email: 'ç- IT', Fax No:
PARCEL DETAIL
Assessor's Parcel Number:
1. Location of Re q uest: (ex: 3200W. Dove Valley Road, Phoenix)
i15 1-1 P\ Pc).1-se-,
2. Description of Req uest: (ex: Abandon Easement borderin g the south side of parcel 123-45-067A)
‘N. QIXN t\ WO. E NsLx),D44 '‘`\ 0 —WC-4 2. AO- Og - 6jits
3. Applicant is REQUI RED to be the current owner of the described properly. A cop y of your property deed must
be attached to the application.
4. If you have a mortgage, deed of trust, upon your property you are 11 (r1/1 I :I_1) to provide a letter from the
lender approving your request to abandon a patent easement. Applications submitted without lender approval will
not be processed.
5. If you don't have a mortgage or deed of trust on the subject property, you will need to si gn, before a notary, the
affidavit below attesting to that status.
attest that I own the subject propert y and that it is not encumbered by
mortgage or deed of trust.
SUBSCRIBED AND SWORN to before me this My Commission Expires:
day of 20
NOTARY PUBLIC
SIGNATURE
eN3
:1• Nro—f A;p1-ic'ant
NOTE: The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Received
Total Received: 1,3 SC)
Application Fee: $1,600.00'
v9i Date: 2_ - • 1.5
Check #:
Make check payable to: MCDOT
2901 West Duran go Street
Phoenix AZ 85009
Application Fee will be $1,350 ($1,600 less $250) illnitial Determination letter is provided; demonstrating an initial review of the parcel was
conducted by the ODunty within the last six months

OFFICIAL RtGORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
Recording Requested by: 201-30181795 02/26/201302:53
First American Title Insurance Company P5526590-5-3-1--
ELECTRONIC F,ECORDING
When recorded mail to:
Jeff B. Murphy and Sharroll L. Murphy ll
1154 North 115th Place
Mesa, AZ 85207
FEB 1 1 2015
FEB 2 e 2013 WARRANTY DEED
Me,!DOT,
DEVELOPMENT SERVICES
Escrow No. 265-5528690 (JB)
For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we,
Rodger L. Miner and Claudia E. Miner, Co-Trustees of the Miner family trust dated May 14, 2008, the
GRANTOR does hereby convey to
Jeff B. Murphy and Sharroll L. Murphy, husband and wife, the GRANTEE
The following described real property situate in Maricopa County, Arizona with the title being conveyed to
the grantee as set forth in the attached acceptance by the grantee:
That portion of the West half of the Northeast quarter of the Northeast quarter of the Northeast quarter
of Section 13, Township 1 North, Range 7 East, of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona described as follows:
COMMENCING at the Northeast corner of Section 13, Township 1 North, Range 7 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being marked by a brass cap;
thence North 89 degrees 57 minutes 13 seconds West, along the Northerly line of said Section 13, a
distance of 329.94 feet to the Northeast corner of the West half of the Northeast quarter of the Northeast
quarter of the Northeast quarter of said Section 13, said point also being the TRUE POINT OF
BEGINNING;
thence South 0 degrees 00 minutes 08 seconds West along the Easterly line of the said West half of the
Northeast quarter of the Northeast quarter of the Northeast quarter of Section 13, a distance of 194.93
feet to a point from which the Southeast corner of the said West half of the Northeast quarter of the
Northeast quarter of the Northeast quarter of Section 13, bears South 0 degrees 00 minutes 08 seconds
West, 464.80 feet distant therefrom;
thence North 89 degrees 57 minutes 19 seconds West, 329.95 feet to a point on the Westerly line of the
Northeast quarter of the Northeast quarter of the Northeast quarter of said Section 13, and from which -
point the Southwest corner of the said Northeast quarter of the Northeast of the Northeast quarter of
Section 13, bears South 0 degrees 00 minutes 16 seconds West, 464.81 feet distant therefrom;
9
thence North 0 degrees 00 minutes 16 seconds East, along the said Westerly line of the Northeast
quarter of the Northeast quarter of the Northeast quarter of Section 13, a distance of 194.94 feet to the
Northwest corner of the said Northeast quarter of the Northeast quarter of the Northeast quarter of
Section 13, and from which point the North quarter corner of said Section 13, bears North 89 degrees 57
minutes 13 seconds West, 1979.63 feet distant therefrom;
thence South 89 degrees 57 minutes 13 seconds East, along the said Northerly line of Section 13, a
distance of 329.94 feet to the TRUE POINT OF BEGINNING;
EXCEPT the North 40 feet, and

' File No.: 265-5528690 (JB) Warranty Deed - continued
A.P.N.: 220-08-011B 4
EXCEPT all oil, gas and other mineral deposits as reserved in the Patent.
Subject To: Existing taxes, assessments, covenants, conditions, restrictions, rights of way, easements
and all other matters of record.
And the GRANTOR does warrant the title against all persons whomsoever, subject to the matters set
forth above.
DATED: January 22, 2013

• File No.: 265-5528690 (JE1) Warranty Deed - continued
A.P.N.: 220-08-011B 4
SEE ACCEPTANCE ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF. Rodger L. Miner and Claudia E. Miner, Co-
Trustees of the Miner family trust dated May
14, 2008
)
/ (;)
odger L. Miner, Co-Trustee
(61ze 7 t ii
Claudia E. Miner, Co-Trustee
STATE OF A z- CARRY OFFICIAL L. McCULLOUGH MAL
)ss. ' 7 - )._.4 Nota ry MAR PoblIc ICOPA - Sto!e COUNT'? Ariyon3
,'iii1 W I My Cemm FxpIr.-5 Sent. 74. 7014
County of )
On 1 - , before me, the undersigned Notary Public,
personally appeared Miner Family Trust, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and
that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal. -4A\
-
My Commission Expires:, Notary Puplft
(97. '/1 /

File No.: 265-5528690 (JB) Warranty Deed - continued
A.P.N.: 220-08-011B 4
ACCEPTANCE OF JOINT TENANCY
This Acceptance is to be attached to: Warranty Deed dated January 22, 2013 by and between Miner
Family Trust and Jeff B. Murphy and Sharroll L. Murphy.
That each of the undersigned individually and jointly as such Grantees hereby declare that it is their
intention to accept such conveyance as joint tenants with right of survivorship and not as a community
property estate and not as tenants in common, and to acquire any interest in said real property under
said deed as joint tenants with right of survivorship, and not as a community property estate and not as
tenants in common.
That by the execution and delivery to the Escrow Agent of this "Acceptance of Joint Tenancy" the
undersigned intend to evidence their acceptance of said deed as joint tenants, and hereby direct and
authorize the Escrow Agent to attach this "Acceptance of Joint Tenancy" to such deed upon its execution
and delivery and to record this "Acceptance of Joint Tenancy" together with such deed.
Date: January 22, 2013
leff Blilurphy ,y --Shar oll L. Murphy \
STATE OF AZ
)ss.
County of itUri tiowt-
DI- 15 , before me, the undersigned Notary Public, personally
appeared Jeff B. Murphy and Sharroll L. Murphy, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)
and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
My Commission Expires:
5 , 14 , ?f01 3 Jenri,1p-t-8
ittoi-y 14,20 1 3

Trust Certification
Escrow No. 265-5528690 (36)
The undersigned being all of the currently acting trustees of the trust, being of lawful ages, hereby declare the
following to be true and correct:
1. Miner Family Trust is a valid and existing trust.
2. The names and addr sses of the beneficiaries of the trust, which must be disclosed on the deed, are as
follows: Name/Address: {See , r 2_ A //) e s- 7-1;-() ? /27---
.'
/24 4 e -', c) /7Iz "-1
e. .riti n er 1/S-07
Name/Address:
r h -P (,-; a. , z &Lc, ',-)-() 7-
Name/Address:
Name/Address:
The trust has not been revoked, modified or amended in any manner which would cause the representations
contained herein to be incorrect:
This Certification is executed by all of the currently acting Trustees of the Trust
Rodger L. Miner and Claudia E. Miner, Co-
Trustees of the Miner family trust dated May
14, 2008
C. - '
Rodger L. Miner, Co-Trustee
Claudia E. Miner, Co-Trustee

Quicken Loans
Engineered to Amaze' 635 Woodward Avenue Detroit Michigan1482261www.guickenloans.com
FEB 1 1 2015
To Whom It May Concern: —17 -iczof;—
DEVEIDLTEELA
Quicken Loans does not object to Sharroll and Jeff Murphy's request to abandon a
patent easement as disclosed on the attached application.
Sincerely,
WuNt
Shaleese Williams
Special Loan Analyst
Quicken Loans Inc.
shaleesewilliams@quickenloans.com

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PABOO 13
A "YES" checked on any item on this list shall result in the letter of Initial Determination stating that pursuant to Section 5 of
County ordinance (P-34) certain criteria do not meet abandonment requirements.
Disqualification Criteria YES NO
Road alignment has been Declared (Sect 5a) X
Road alignment is maintained by MCDOT X
Road alignment is needed for future r/w X
Prop abandon shares border and is parallel to row dedicated to County or public (Sect 5b) X
Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) X
Objection from any Municipality or Tribe, (Sect 5e) X
Statement of fact and Documentation for Items identified as not meeting abandonment requirements:
REVIEWER COMMENT DISQUALIFYING
CRIITERIA
MCDOT Bob Woodring No Objection
Denise Lacey NR
Ed Williams NR
Jamie Winterstein NR
Gerald Toscano No Objection
Nicolaas Swart No Objection
Gary Scott NR
Tricia Brown No Objection
b COUNTY P&D No Objection
RE Services No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS N/A
Century Link No Objection
Cox N/A
SRI' N/A
SWG No Objection
AT&T No Objection
Scottsdale Water N/A
Town of Cave Creek water N/A
d GOV AGENCIES N/A
e MUNICIPALITIES! N/A
TRIBES
DATE: 4-20-2015 INIT: KG

AERIAL EXHIBIT
PATENT EASEMENT

• 220
IAA 08
Pr PAB-0013 '''.1-401r0.11B '
. W33' of N 194.94' of
W2NE4NE4NE4
1 . Sec 13-1N,7E
EXCEPT the N 40'
; 220 r 220 'Irlir7MESP. 7220
08 .08 4518 A. 2:08
"" 010A [?2c1 icgrA 0 1 2C • •' 5/20/2006 le
— 4 • .1110 .11` . All'IlroAcHEJu
011D.
g intr, 1UN I NCORF MEsAED. Is) eouND,
1322
16/ 6/1980 . * !
It "IN 118;
At3:7 [TLItI
rIJ R 8 E
, R7E - 'UNINCORPORATED MARICOPA COUNTY
11,
•Cl;
,0411"
220?
081*
4-• 015A
220
08
016F
220
.08/..cifI
01.5B „ 11
- --wesktif ill

(Aug. 4-1522 195}
Arizona 08383
Tbe 1ntttb6tate of Rtnerita,
iNa ail wham these presents shalt came, Greeting:
WHEREAS, a Certificate of the Land Office at Phoenix, ArIsom*,
has been issued showing that full payment has been made by the claimant
Roy G. POWeu
pursuant to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609), entitled "An
Act to provide for the purchase of public lands for home and other sites," and the acts supplemental there-
to, for the following-described land
Gila sad Salt River Aftridian, Arizona.
T. 1 N., R. 7 E.,
See. 13, 142(011E+2*.
The area described contains 5.00 acres, according to the Official Plat of the Survey of the said Land,
on file in the Bureau of Land Management:
NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and
in conformity with the several Acts of Congress in such case made and provided, HAS GIVEN AND
GRANTED, and by these presents DOES GIVE AND GRANT unto the said claimant and to the heirs
of the said claimant the Tract above described; TO HAVE AND TO HOLD the same, together with all
the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the
said claimant and to the heirs and assigns of the said claimant forever; subject to any vested and
accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and
reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local
customs, laws, and decisions of courts; and there is reserved from the lands hereby granted, a right-of-way
thereon for ditches or canals constructed hy the authority of the United States. Excepting and reserving,
also, to the United States all oil, gas and other mineral deposits, in the land so patented, together with the
right to prospect for, mine, and remove the same according to the provisions of said Act of June 1, 1938.
This patent is subject to a right-of-way not exceeding 33 feet in width, for roadway and public utilities
purposes, to be located along the iscrrth, vest, and south boxmclaries of sold laud.
IN TESTIMONY WHEREOF, the undersigned authorized officer of
the Bureau of Land Management, in accordance with the
provisions of the Act of June 17, 1948 (62 Stat., 476), has,
in the name of the United States, caused these letters to be
made Patent, and the Seal of the Bureau to be hereunto
affixed.
GIVEN under my hand, in the District of Columbia, the
PIM day of Mumma in the year of
[SEAL) our Lord one thousand nine hundred and Finy.EiGHT
and of the Independence of the United States the one hundred
and EIGgrf-TRIED.
For the Director, Bureau of Land Management.
By
Chief, Paints Seetion.
Patent Number tt
u. s. ocIva.C. orricr I4-08704-a

INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST

Maricopa County Department of Transportation
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION REQUEST
Applicant Name: „,,..,\\ Tracking NO:
Mailing Address: i 1 5- l-i r\.) . Ws- i'h cJ \
City 'kIc \ p_.,:ctI..., STATE: PL. ZIP: Rca (A7
Telephone: Li t,36 - 1 S--9- xi 5.-s— - 1-1 ex' GOA:” 309- 9i L1C - e-- UzAU
Email: ,s\-\ t.,.\Az, x„.., I,,,,,,(i- (se.cv'\\ . c_wp,.., Fax No:
PARCEL DETAIL
Assessor's Parcel Number: ao o cA - 0 II
1. Location of Request: (ex: 3200W. Dove Valley Road, Phoenix)
• s Pt-\ sLs c,, 4\?:.
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-15-067A)
SIGNATURE
Signet-CI-re of Applicant' Data
Applicant is NOT required to be the current owner of the described property.
NOTE: The fee for this review is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCOOT
Total Received: 2. 5-0. 0 0 Received 4%) 8)
Initial Determination Fee:
$250.00 Check #: I 3 V7 Date:/// 2./2 e, es'
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

Maricopa County
Department of Transportation
2901 W. Durango St January 29, 2015
Phoenix, AZ 135009
Phone: 602-506-8609
Fax: 602-506-4009 Jeff and Sharroll Murphy
www.mancopa.gov 1154N. 115 6 Place
Mesa, AZ 85207
Attn: Property Owner
The Maricopa County Department of Transportation (MCDOT) has completed the Initial Review
request for possible abandonment of the Federal patent Easement on your property identified as
Assessor Parcel 220-08-011B and identified as tracking No. PAB0013.
The Department of Transportation has determined the following:
MCDOT has no objection to the proposed abandonment.
No objections have been received from other County Departments.
No objections have been received from any affected Utility, or governmental agency.
If your decision is to proceed, go to the MCDOT website and open up the Patent Easement Link at
the left side of the page. Print the Abandonment Application and submit it as instructed in the
application along with all documentation required in the application.
NOTE:
Be advised, that although no objections have been received, all reviewing entities reserve the tight to
change their original review position, which may affect the final recommendation to the Board of
Supervisors to approve or deny the application.
After receipt of the application and payment of the fee, a notice by letter-will be sent to all abutting
property owners. The proposed abandonment area will have a notice posted. The abutting owners
and other public users of the road have the right to object in writing or appear before the Board of
Supervisors.
Edmund Williams Mike Wilson
Engineering Division, Manager. Real Estate Div. Mngr.
Ph: 602-506-4706
Enclosure:
cc: PAB-0013 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0013
A "YES" checked on any item on this list shall result in the letter of Initial Determination stating that pursuant to Section 5 of
County ordinance (P-34) certain criteria do not meet abandonment requirements.
Disqualification Criteria YES NO
Road alignment has been Declared (Sect 5a) X
Road alignment is maintained by MCDOT X
Road alignment is needed for future r/w X
Prop abandon shares border and is parallel to row dedicated to County or public (Sect 5b) X
Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) X
Objection from any Municipality or Tribe, (Sect 5e) X
Statement of fact and Documentation for Items identified as not meeting abandonment requirements:
REVIEWER COMMENT DISQUALIFYING
CRIITERIA
MCDOT Bob Woodring No Objection NONE
Denise Lacey NR
Ed Williams NR
Jack Lorbeer NR
Kevin Kottmer NR
Jamie Winterstein NR
Gerald Toscana No Objection
Nicolaas Swart No Objection
Paul Driver NR
Tricia Brown No Objection
b COUNTY P&D No Objection NONE
RE Services No Objection
Parks No Objection
FCD No Objection
c UTILITIES SRP No Objection . NONE
Century Link NR
Cox No Objection
SRP No Objection
SWG NR
AT&T No Objection
d GOV AGENCIES N/A N/A
e MUNICIPALITIES / N/A N/A
TRIBES
DATE: 1/29/2015 [NIT: KG