PAB0004 MCDOT REPORT AND DOCUMENTATION.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case if/Title: PAB0004 Federal Patent Easement Abandonment
Meeting Date: September 24, 2014 to set the hearing date.
Supervisor District Effected: 4
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 unassigned address east of 10110 W.
Avenida Del Sol and being identified as Assessor Parcel No. 201-08-048A.
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 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

Mancopa County Department of Transportation
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONMENT APPLICATION
Applicant Name: Tracking NO: PAB- 007
Mailing Address:
City peif ,N STATE: 4po, ZIP:
Telephone: Co7 • '570-3971/
Email: c46,47 6 cit,s; Fax No:
PARCEL DETAIL
Assessor's Parcel Number: 701 ogatig
1. Location of Request; (ex: 3200 W. Dove Valley Road, Phoenix)
T t uttieN j f ..‘pprfal c-
2. Description of Request: (ex: Aban 4-1 on Easement bordering the south side of parcel 123-45-067A)
4L c4 Eqse etcfr y A/11,111 bocelAN v(114\ 4:1414y..
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 d. 140) , d- , ave a mortgage I d of trust on the subject property, you will need to sign, before a notary, the
affid g" lo tatus.
at I own the subject property and that it is not encumbered by
mortgite or deed of tral
SieSCRIBED AND SWORN to before me this My Commission Expires:
/ day of MAL( ,20 1 44 OTARY PUBL1O •
STATE OF ARIZONA
Maricopa County
SUSAN DENNERLL
My Commission Expires
NOTARY PUBLIC
SIGNATURE •
Signature of Applicant Date 51/111
NOTE: The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Received By:
Total Received7‘i
Application Fee: $1,600.00*
Date: 62 7_3I>—.12./
Check #:
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009 "5 4 4 332 1"-
* Application Fee will be $1,350 ($1,600 less $250) If Initial Determination letter Is provided; demonstrating an Initial review of the parcel was
conducted by the County within the last six months.

UnnffiCial
IVarranty Deed • • Pogr I of 2
2° Document
RECORDING REQUESTED BY
DRIGGS TITLE AGENCY, INC.
WHEN RECORDED MAIL TO: 13
D & D 182 Cloud LLC ch.
18225 B Cloud Road
Gilbert, AZ 85298
Escrow No. 13-04-65416JD 3f3
Warranty Deed
For the consideration of Ten Dollars, and other valuable considerations, I or we, Gheorghe Varga, a married man as his
sole and separate property as grantors do/does hereby convey to
D & D 182 Cloud LLC, an Arizona limited liability company as grantees the following real property situated in Maricopa
County, Arizona:
SEE EXHIBIT "A" ATTACHED
SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way,
encumbrances, liens, covenants, conditions, restrictions, obligations, and liabilities as may appear of record. And I or we
do warrant the title against all persons whomsoever, subject to the matters set forth above.
Dated; May 10, 2013
Grantor:
e-,heoc-o_he. \hfc-w `r
cks hi'S ck -k-Var
Gheorghe Varga
State of ARIZONA) as:
County of MARICOPA) ss:
On , before me the undersigned,
personally appeared/hi/Mt known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose 1(s) istare subscriti d to the within instrument and acknowledged to me that he/she/they
executed the same is/her/their authorized c city(ies), and that by his/her/their signature(s) on the instrument the
person(s), or t -entity upon behalf of which t person(s) acted, executed the instrumpa WITNP.SS my hand and
official sea ',PD00(\02.A0._ (aryl
Sign My Commission Expires

20130954094
Wcitranly Deed •• Page 1 of 2
Exhibit "A"
The West Half of the West Half of the South Half of the Southwest Quarter of the Northeast Quarter of the Southeast
Quarter of Section 11, Township 4 North, Range I East, of the Gila and Salt River Base and Meridian, Marieopa County,
Arizona.
EXCEPT all oil, gas, and other mineral deposits as reserved in Patent from the United States of America,
APN: 2014A-048D
UnalF,111 Dowrwri

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB0004
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
Gerald Toscano No objection
Jamie Winterstien NR
Nicolaas Swart NR
Paul Driver NR
Tricia Brown NR
b COUNTY P&D No objection
Real Estate 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 N/A
Cox No Response
SRP N/A
SWG N/A
d GOV AGENCIES N/A N/A
e MUNICIPALITIES / N/A N/A
TRIBES
DATE: 9/2/2014 INIT: KG

AERIAL EXHIBIT
PATENT EASEMENT

side
Easement
South S2SWNESE
Patent and of
West VV2W2 SE
33' abandonment S33' NE
SW
EXCEPT S2
FAB-0004 SUBJECT 33 W2
W W2

1-1222
Arizona 011592
Tbe Zfrittiteb tato of 21merica,
To all whom throe prvocitto ohuli tonic, 03vrriing:
WHEREAS, a Certificate of the Land Office at Phoenix, Arizona,
has been issued showing that full payment has been made by the claimant
iglinnbeth Delia B. Kills,
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 end Solt Rival: Meridian, Arizona.
T. 4 W. U. 1 E.,
sec. WiSliktiEkSEA.
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 33 feet in width, for roadway and public utilities
purposes, to be located along the south, west end east boundaries of said lend.
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
nrm day of AUGUST in the year of
[SEAL] our Lord one thousand nine hundred and IPITTY-SING
and of the Independence of the United States the one hundred
and SIGUTP-10UATli.
For the Director, Bureau of Land Management.
' ,
By ,
Chief, Palest, Seeliort.
Patent Number -1:1 97957 t
U. S. aortuunur MIMI" am" 18-65764-6

INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST

Icopa County Deriartnif t of Transportation
11 Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
JUN JUN 1 2 2014 Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION REQUEST
Applicant Name: apic._ Tracking NO:
Mailing Address: g768- et,
City Pear-i'a1/4_ STATE: A ZIP:
Telephone: a% 3.6?- cfff
Email: Corde.16,ift Fax No:
PARCEL DETAIL
Assessor's Parcel Number: WI oF clecif
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
ect.tr-uk toccja 414. SeaN
4.14 r,, fkrky
SIGNATURE
-2/ -Iy
Signature of Applicant* Date
* 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 MCDOT
Total Received: Received By:
Initial Determination Fee:
$250.00 Check #: Date:
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

Maricopa )unty
Department of Transportation
June 31, 2014
2901 W. Durango St
Phoenix, AZ 85009 Corde Kurtz
Phone: (,02-506-8609
Fax: 602-506-4009 6950 West Morelos place
www.maticopa.gov Chandler, AZ 85226
Attn: Conk Kurtz
Mr. Kurtz,
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 PAB0004.
The Department has determined the following:
1) MCDOT has Objection, citing Avenida Del Sol will be needed for a County road in the future.
2) Section 5d of the ordinance states that no patent easement abandonment shall be granted over objection by any utility.
Century Link has objected.
You should carefully consider the above findings to base your decision to proceed with the abandonment or not. If all of
the issues cited above are not resolved, then proceeding with the application to abandon will have the same disqualifying
conditions and will be denied pursuant to Ordinance P-34, Section 5.
To remove the disqualifying conditions cited above, the following actions would need to be addressed:
1) Regarding the MCDOT objection, contact Bob Woodiing at 602-506-1766.
2) You would need to contact Century Link (602-630-7778) to convey a replacement utility easement to their requirement
and acceptance.
If the above issues are resolved and 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, along with proof that the aforementioned utility easement issues
have been resolved, as well as the adjacent County easement matter.
If you choose to pursue this further, upon receipt of the application, documentation, 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 ce Wilson
Engineering Division, Manager. Real Estate Div. Mngr.
Ph: 602-506-4706
Identification Initials : KG, kg
Enclosure:
cc: PAB-0004 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0004
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 (See Bob Woodring below) 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) (SEE Item X
"C" below)
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 100 Ave YES
Objection —Avenida Del Sol will be needed for
county road in future
Denise Lacey NR
Ed Williams NR
Jack Lorbeer NR
Jeff Kramer No Objection
Karl Rockwell NR
Nicotaas Swart NR
Paul Driver NR
Tricia Brown No Objection
b COUNTY P&D D Gerrard No Objection NO
K Situ —NR
RE Services D Lindsey —No Objection
Parks L Johnson —NR
RI Cardin —No Objection
FCD M Wilson —No Objection _
c UTILITIES APS APS1 —No Objection
APS2 -NR
Century Link OBJECTION
Scottsdale Water N/A
Cox NO Response
SRP N/A
SWG N/A
d GOV AGENCIES N/A N/A N/A
e MUNICIPALITIES / N/A N/A N/A
TRIBES
DATE: 6/30/2014 [NIT: KG