PAB-0007 REPORT TO BOS - DOCUMENTATION.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB0007 Federal Patent Easement Abandonment
Meeting Date: October 22, 2014 to set the hearing date.
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 37703 N. 26 th Street and being
identified as Assessor Parcel No. 211-67-010C.
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 5 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 Maricopa
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: John B. Hauskins, P.E., Director
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

• • NA II • Mimi gidl, rir11.• 'N=6 ,41, bUU• IP 7 r/Irg II 111 PI %Al • AOU N I111.11 I 11 I01114.110 • NOM %NU V4IF II •
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONMENT APPLICATION
Applicant Name: Maria D. Cope-Dismuke/Steve Dismuke Tracking NO: PAB- 0007
Mailing Address; 37703 N. 26th St
City Cave Creek STATE: AZ ZIP: 85331
Telephone: 602-568-1057
Email: danielledismuke1966@gmail.com Fax No:
PARCEL DETAIL
Assessor's Parcel Number: 211-67-010C co -' br ) —61 0 FL)
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
37703 N. 26th St., Cave Creek AZ 85331
2, Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon Patent Easement bordering the north side of parcel 211-67-010C a /ivent,119 .7_1% _0016
3. Applicant is REQUIRED to be the current owner of the described property. A copy of your property deed must
be attached to the application.
4. If you have a mortgage, deed of trust, upon your property you are REQUIRED 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 sign, before a notary, the
affidavit below attesting to that status.
attest that I own the subject property 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
Maria D. Cope-Dismuke 0.1011161.11721.47-07 June 30, 2014
Signature of Applicant Date
NOTE: The aoulication fee is NOT refundable,
THIS PORTION TO BE COMPLETED BY MCDOT
Received By:
Total Received; / 36-e. e9
Application Fee: $1,600.00*
Check #: //742 e,(e, Date:
Make check payable to: MCDDT
2901 West Durango Street
Phoenix, AZ 85009
* b• 11 .1. n !A -I ...nes .1 TF 7' 1, 1 Vs I_ I CI_ • I • .e .1

From: Davis, Natalie D natalie.d.davisgoill.com g
Subject: RE: Patent Easement Abandonment
Date: July 7, 2014 at 7:52 AM
To: Danielle DIsmuke danielledismuke1966@gmail.com
Good Morning,
I have reviewed information online in regards to what a patent easement details. Attached is a signed
letter advising CitiMortgage consents to the abandonment of the patent easement. The original
document has been mailed. Please advise if you need anything additional to assist with your application
for abandonment.
Natalie D. Davis
CitiMortgage, Inc.
Partial Release Dept.
14700 Citicorp Dr. MS 0251
Hagerstown, MD 21742
Office: 301-714-5421
Fax: 1-866-989-2095
Email: natalie.d.davis@citi.com
Office Hours: M-F 8:30-5:00, EST
Make It A Great Day :o)
cifi
CitiMortgage
July 7, 2014
MARIA 13 COPE-MI.41110E
STEPHEN W DIShILKE
PO BOX 8118
CAVE CREEK AZ 85327-8118
Dear CiliMortgage Client(s):
This letter is in response to your request for CitiMortgage Co consent to the abandonment of a
Patent Easement over, under and across a portion of your property.
CRIMortgage will consent to the abandonment of the Patent Easement.
If you nerd furIlicr rissisrancc regarding yrnir loan, our Automated Account Information line is
accessible 24 Worn a day at I •8002837918°. Customer Service Associatex are also avitilahle at
11111Inumber Monday through Friday 7:00 a m. to 12:00 am„ and Saturday from 8:00 tin to
8:00 p.m., ET and Sunday from 10:00 am., to 10.00 p.m„ ET, TTY Services available: Dial 711
from Ilio United Stales; Dial 1.866-280-2050 from Puerto Rico. When you contact us, please
refer to the mortgage account number 1123822876. Thank you.
Sinverely

LU
Natalie D. Davis
CitiMortgage, MC.
Partial Release Dept.
14700 Citicorp Dr‘ MS 0251
Hagerstown, MD 21742
C. 4).i I I 0.11%./.1:077 rAli-"'(ttrgi 107 lid./11.15,i., 1,11i e.f 11PaiVt.tt.infeerf. ,t1/Fint-r1V4 ,e,t4

Recording Requested by:
First American Title Insurance Company
When recorded mail to: 11 ill 1 0 0 11 RECORDS 11 11 11 OF 1 Ill
OFFICIAL
Stephen W. Dismuke and Maria a Cope-Dismuke MARICOPA COUNTY RECORDER
37703 North 26th Street HELEN PURCELL
Cave Creek, AZ 85331 2002-0364652 04/09/02 16:32
89 OF 9 6
ILOCKHWIBERS
WARRANTY DEED
Escrow No. 207-4001484 (jkc)
A.P.N./Tax ID: 211-67-010 7
For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we,
Patricia Henson, an unmarried woman the GRANTOR does hereby convey to
Stephen W. Dismuke and Maria D. Cope-DIsmuke,husband and wife , the GRANTEE
The following described real property situate in Maricopa County, AZ with the title being conveyed to the
grantee as set forth in the attached acceptance by the grantee:
Parcel No. 1:
That part of the West half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section
35, Township 6 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
more particularly described as follows:
COMMENCING at the G.L.O. Brass Cap monument at the North quarter corner of said Section 35;
THENCE along the North line of said Section 35, said line also being the basis of bearings for this description,
North 89 degrees, 59 minutes, 41 seconds West, 1323.57 feet to the POII\if OF BEGINNING of this description;
THENCE South 89 degrees, 59 minutes, 41 seconds East, 330.89 feet;
THENCE South 00 degrees, 03 minutes, 29 seconds East, 222,12 feet;
THENCE North 89 degrees, 59 minutes, 41 seconds West, 330.90 feet;
THENCE North 00 degrees, 03 minutes, 18 seconds West, 222.12 feet to POINT OF BEGINNING;
EXCEPT all coal, oil, gas, and other mineral deposits as reserved in the Patent.
Parcel No. 2:
That part of the West half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section
35, Township 6 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
more particularly described as follows:
COMMENCING at the G.L.O. Brass Cap monument at the North quarter corner of said Section 35;
THENCE along the North line of said Section 35, said line also being the basis of bearings for this description,
North 80 degrees S9 minutes, 41 seconds West, 1323.57 feet;

A.P.N.: 211-67-010 7 Escrow No. 207-4001484
WARRANTY DEED - CONTINUED
THENCE South 00 degrees, 03 minutes, 18 seconds East 222.12 feet to the POINT OF BEGINNING of this
description;
THENCE South 89 degrees, 59 minutes, 41 seconds East, 330.90 feet;
THENCE South 00 degrees, 03 minutes, 29 seconds East, 290.85 feet;
THENCE South 89 degrees, 56 minutes, 40 seconds West, 330.92 feet;
THENCE North 00 degrees, 03 minutes, 18 seconds West, 290.99 feet to the POINT OF BEGINNING of this
description;
EXCEPT all coal, oil, gas, and other mineral deposits as reserved in the Patent.
Subject To Existing taxes, assessments, covenants, conditions, restrictions, rights of way and easements of
record.
And the GRANTOR binds itself and its successors to warrant the title as against its acts and none other, subject to
the matters set forth.
DATED: April 08, 2002
SEE ACCEPTANCE ATTACHED HERETO Cc" -
Patricia Henson
AND BY REFERENCE MADE A PART HEREOF.

A.P.N.: 211-67-010 7 Escrow No. 207-4001404
WARRANTY DEED - CONTINUED
STATE OF AZ
)ss.
County of \\
On 4 E , before me, the undersigned Notary Public, personally
appeared Patricia Henson, 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(les) 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: Notary Public

/.P.N.: 211-67-0107 Escrow No. 207-4001484
WARRANTY DEED - CONTINUED
ACCEPTANCE OF COMMUNITY PROPERTY WITH RIGHT OF
SURVIVORSHIP
This Acceptance is to be attached to: Warranty Deed dated 04/08/2002 by and between Patricia Henson and
Stsnhpn )111 nlcmi dm and Maria D CrInp-rlismilkp
That each of the undersigned individually-and jointly as such Grantees hereby -declare that it is their intention to
accept this conveyance as community property with right of survivorship and not as joint tenants with right of
survivorship and not as tenants in common, and to acquire any interest in said real property under said deed as
community property with right of survivorship, and not as joint tenants with right of survivorship and not as
tenants in common.
That by the execution and delivery to the Escrow Agent of this "Acceptance of Community Property with Right of
Survivorship" the undersigned intend to evidence their acceptance of said deed as community property with right
of survivorship, and hereby direct and authorize the Escrow Agent to attach this "ACceptance of Community
Property with Right of Survivorship" to such deed upon its execution and delivery and to record this "Acceptance
of Community Property with Right of Survivorship" together with such deed.
Date: 04/0g/ 31302
,_....1fi fl / 11 I
/ / 1,(,41,c, ' O. 40--- Alia-n-4/(AL-
Stephen W. Dionnike Maria D. Cope-Dismuge
STATE OF AZ
)ss.
County of ‘)
On A - Ct L.-- , before me, the undersigned Notary Public, personally
appeared Stephen W. Dismuke and Maria D. Cope-Dismuke, 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. CL.
My Commission Expires: ?bes Notary Otiblic Ii

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB0007
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
Jack Lorbeer NR
Jeff Kramer No Objection
Jamie Winterstein NR
Gerald Toscano No Objection
Nicolaas Swart No Objection
Paul Driver NR
Tricia Brown No Objection
COUNTY P&D No Objection
RE Services No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS No Objection
Century Link No Objection
Cox NA
SRP NA
SWG NA
Scottsdale Water NA
Town of Cave Creek water NR
d GOV AGENCIES State Land No Objection
c MUNICIPALITIES / Town of Queen Creek NP
TRIBES
DATE: 9/22/2014 INIT: KG

AERIAL EXHIBIT
PATENT EASEMENT

4.
UNINCORPORATED MARICOPA COUNT),

(Aug, 4-I210 107)
Arizena 014775
Tbe Ettiteb *tato of america,
alo nit wirom -Elyse presents are! crane, Greeting:
WHEREAS, a Certificate of the Land Office at Phoenix, Arizona,
has been issued showing that full payment has been made by the claimant
William F. Mahan
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 and Salt River *midis% Arizona.
T. 6 S., R. 3 R.,
Sec. 35, winegeOwt,
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 by 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 50 feet in width, for roadway and public utilities
purposes, to be located along the north and vest boundaries of said land.
IN TESTIMONY WitgrtEor, 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.
GtvEN under my hand, in the District of Columbia, the
SWORD day of OCTCIER in the year of
PEAL) our Lord one thousand nine hundred and ripw-Nrig
and of the Independence of the United States the one hundred
and EIGNIT-YOURTH.
For the Director, Bureau of Land Management.
By
Acting ;CAI, Potenla Section.
11 99951
Patent Number
00 V.561111

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
NO-..004k4SPIgNIAB:A.NDONME.NTINI.T.I .Ati-]PFTF.R.VITNATIPN..:!.REOVA0'.
Applicant Name: Maria D. ,Cope-Dismuke/Steve Dismuke Tracking NO: P4.67.000 7
Mailing Address: 37703 N. 26th St.
City Calk) Creek - STATE: AZ - ZIP: 85331
Telephone (602) 568-1057
• Email; danieliedismuke1966@gmai1.com Fax No: (623) 742-9941
PARcEL prrAIc
Assessor's Parcel Number: 211-67-91014
11 Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
37703 N. 26th St., Cave Creek AZ 85331
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon Patent Easement bordering the north side of 211-67-010B
_SIGNATUR.
Maria D. Cope-Dismuke tort.1.4.15.0,0•-06...1,,,eatA=Gedek......4.1h,d•pealzarkute DYE OVA44..za 201“8-1:i SAW.. 179151A07 age-oir.1. June 30, 2014
Signature of Applicant* Date
a 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 13E -C,.OMPU,TED,BY MCDOT
Total Received: Received By:
Initial Determination Fee:
$2$0,00 Check #: Date: 69
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

Mancopa County
Department of Transportation
2901 W. Durango St July 23, 2014
Phoenix, AZ 85009
Phone: 602-506-8609
Fax: 602-506-4009 Steve and Maria Dismuke
www.maricopa.gov 37703 N. 26th Street
Cave Creek, AZ 85331
Attn: Steve Dismuke
Dear Mr. Dist/lake.
The Maricopa County Department of Transportation (MCD01) has completed the Initial Review
request for possible abandonment of the Federal patent Easement on your property identified
Assessor Parcel 211-67-010C (formerly 211-67-010B) and as PAB0007.
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 right
to change their original review position, which may affect the final recommendation to the Board
of Supervisors to approve or deny the application. In addition, the Town of Cave Creek has had
personnel changes and individuals that were on file as the contact to review and comment are no
longer employed by the Town. Therefore there was no response from Cave Creek for the initial
review. We now have the new contact and the Town will be notified for comment for the final
application review and comment phase.
After the final review and upon written recommendation to the Board of Supervisors, 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.
ta).4„ ....1z34
Edmund Williams Mike Wilson
Engineering Division, Manager. Real Estate Div. Mngr.
Ph: 602-506-4706
Identification Initials : KG, kg
Enclosure: exhibit
cc: PAB-0007 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0007
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
Jack Lorbeer NR
Jeff Kramer NO objection
Jamie Winterstein NO objection
Nicolaas Swart NR
Paul Driver NR
Tricia Brown NO objection
b COUNTY P&D NO objection
RE Services NO objection
Parks NO objection
FCD NO objection
c UTILITIES APS* NO objection
Century Link* NO objection
Scottsdale Water N/A
Cave Creek Water* NR
Cox N/A
SRP N/A
SWG N/A
d GOV AGENCIES State Land NO objection
e MUNICIPALITIES / Cave Creek NR
TRIBES
DATE: 7/23/2014 MIT: KG