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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case tt/Title: PAB0001 Federal Patent Easement Abandonment Meeting Date: September 10, 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 unassigned address north of 30320 N. 65 th ST and being identified as Assessor Parcel No. 216-67-107E. 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 IVIaricopa 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 Maricopa County Department of Transportation Engineering Division 2901 West Durango Street • Phoenix, AZ 85009 Phone: (602) 506-8609 • Fax: (602) 506-9009 Applicant Name: Christine Smith, trustee Stardust Living Trust Tracking NO: PAB- 0001 Mailing Address: 25020 N Ranch Gate Rd. City Scottsdale STATE: AZ ZIP: 85255 Telephone: 480-502-8408 Email: christy@casasdeloso.com Fax No: 400-502-0282 Assessor's Parcel Number: 216-87-107E 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) 30304 N 65th St, Cave Creek (I am not sure this is correct - this is the address we were given by our engineer) 2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A) Abandon 33' patent easement on north side of the property 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 youtave 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. r, Chia tine Smith 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 CommIsslon Expires:- day of , 201 L-( - LAURAL BOLTER Notary Public -Slate of Arizona MARICOPA COUNTY My Commission Expires June 4, 2010 r- 1).441-LIL.CL P-,C) 1P661_i'C' riki. 4 - Signature of Applicant Date NOTE: The application fee Is NOT refundable. r Received By./ Total Received: 7g Application Fee: $1,600.00 t Check #: 6 Date: 67 Make check payable to; MCDOT 2901 West Durango Street Phoenix, AZ 85009 ,Rcv4 3-3c8 * Application Fee will be $1,350 ($1,600 less MG) If Initial Determination letter is provided; demonstrating an Initial review of the parcel was conducted by the County within the fast six months, Unofficial 20Document Recording Requested by: P5 First American Title Insurance Company ho When recorded mall to: Stardust Living Trust 25020 North Ranch Gate Road Scottsdale, AZ 85255 WARRANT( DEED File No. 255-5620209 (DM) For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we, Peter Charles Miller, an unmarried man, the GRANTOR does hereby convey to Barry John Smith and Christine Ann Smith, Trustees of The Stardust Living Trust dated March 13, 2008, the GRANTEE the following described real property situate in Marlcopa County, Arizona: The Northeast quarter of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 22, Township 5 North, Range 4 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Except the South 146.5 feet thereof. Pursuant to ARS 33-404, Beneficiaries names and addresses under said trust(s) are disclosed in Beneficiary Disclosure attached hereto. 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: March 06, 2014 20140172133 File No.: 255-5620209 (DM) Warranty Deed - continued A.P.N.: 216-67-107E 6 STATE OF )ss. County of On tA .A.er-l-L 14( 1 201+ , before me, the undersigned Notary Public, personally appeared Peter Charles Miller, 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: 4 - OFFICIAL 5EAL MN. DANA R MAHLER 14°I'VAPub"c RICO i;A Stater c OUNTY of Arizona r.v-wgF-I•nn• My Carom, &plies July 4, 2014 Pei- 0- 114 A- 14 20140172133 File No.: 255-5620209 (DM) Warranty Deed - continued ARK: 216-67-107E 6 TRUST CERTIFICATION March 06, 2014 First American Title Insurance Company 6263 N. Scottsdale Road, Suite 110 Scottsdale, AZ 85250 RE: Escrow No. 255-5620209 The undersigned, being the Trustee(s) of the Stardust Living Trust, do(es) hereby certify that as of this date said Trust Agreement Is in full force and effect and has not been amended, modified or revoked. The names and addresses of the beneficiaries of the trust, which must be disclosed on the deed, are as follows: NAME: r ADDRESS: ,2 S .6120 MalIt'll Docurent , 1 v( NAME: C. h 51/ --e ADDRESS: cik-S—f20 A.) ii C 69 lc 1W5 NAME: ADDRESS: Stardust Living Ts_ust Joht/SOith, T Christine Ann Smith, Trustee PATENT EASEMENT ABANDONMENT APPLICATION CHECKLIST Application ID: PAB0001 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 Ow 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 I3ob Woodring NR Denise Lacey NR Ed Williams NR Jack Lorbeer NR 1 Jeff Kramer No objection Jamie Winterstien No objection Nicolaas Swart NR Paul Driver NR Tricia Brown No objection n COUNTY P&D No objection Real Estate Services No objection Parks No objection FCD No objection o UTILITIES APS No objection Century Link No objection Scottsdale Water No response Cave Creek Water N/A Cox No Objection SRP N/A SWG N/A GOV AGENCIES N/A N/A 0 MUNICIPALITIES! N/A N/A TRIBES DATE: 8/07/2014 INIT: KG AERIAL EXHIBIT PATENT EASEMENT Lirts. 2.1 67 !., • , 077A 1 ,: . •e, r 411, ' F 2i 6 fg::- 674 216 71, " IVA 44 41,11t*: SUBJECT abandonment North 33' EXCEPT the East 33' 33' Patent Easement North & East side NE4SW4NW4SW4 ;"a _ 'Mimeo h Ai Ile a “E -an ‘ • — ? • ‘• e: J. 'W111 Mgt Nein -ear • o. I P4-1-0o0/ 8-1222 (693.1937) Arisona 012631 Tbe Zbiteb 'tate of america, MO all tuipatrt these presents grail tome, (greeting: WHEREAS, a Certificate of the Land Office at Phoenix, Arbon's, has been issued showing that full payment has been made by the claimant Charles J. Perron 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 Balt River Meridian, Arizona. T. 5 N. , R. ½ a. • Sec. 22, ABONINWAVie The area described contains 240 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 north and east boundaries of' maid land. 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 Tid1/17-70UETR dny of JULY in the year of PEAL] our Lord one thousand nine hundred and FLPIT-Zirill and of the Independence of the United States the one hundred and NIOWLY-FOURTR. For the Director, Bureau of Land Management. • By P • . t • Clad; Patents Sec-lion, Patent Number 1197559 cP0 64 683 7 INITIAL DETERMINATION REQUEST LETTER TO REQUESTOR INITIAL RESPONSE CHECKLIST eiaricopa County Departibent of Transportation Engineering Division 2901 West Durango Street • Phoenix, AZ 85009 Phone: (602) 506-8609 • Fax: (602) 506-4009 Applicant Name: Christine Smith Tracking NO: MB -000/ Mailing Address: 25020 N Ranch Gate Rd. City Scottsdale STATE: AZ ZIP: 85255 Telephone: (480) 502-8408 Email: christy@casasdeloso.com Fax No: (480) 502-0282 Assessor's Parcel Number: 216-67-107-E 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) 30404 N. 65th Street, Cave Creek 2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A) Abandon Easement bordering the north side of parcel 216-67-107-E — 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. Total Received: 2 s--e". Received By: ‘0..."....4 Initial Determination Fee: $250.00 Check #: 5 3 / 9 Date: 4/44.0 4.4- Make check payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009 Maricopa County Department of Transportation 2901 W. Durango St June 25, 2014 Phoenix, AZ 85009 Phone: 602-506-8609 Fax: .602-506-4009 www.rnaricopa.gov Christine Smith 25020 N Ranch Gate Rd Scottsdale, AZ 85255 Attn.: Christine Smith Ms. Smith, The Maiicopa County Department of Transportation (MCDOT) has completed the Initial Determination Review request: for possible abandonment of the Federal Patent Easement on property identified as Assessor Parcel No. 216-67-107E and identified as tracking No, PAB-0001. 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. Pfint 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. Upon 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 tight to object in writing at appear before the Board of Supervisors. Edmund Williams Mike Wilson Engineering Division, Manager. Real Estate Div. Mngr. Ph: 602-506-4706 Identification Initials ; KG, kg Enclosure: cc: PAB-0001 - file PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION CHECKLIST Application ID: PAB0001 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 a) Road alignment of proposed abandonment has been Opened or Declared (Sect 5a) X b) Proposed abandonment shares border and is parallel to r/w dedicated to County or X public (Sect 5b) c) Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) X d) Objection from any Municipality or Tribe, (Sect 5e) X e) Road alignment of proposed abandonment is in MCDOT road maintenance system. X Statement of fact and Documentation for Items identified as not meeting abandonment requirements: a b c APS, Century Link & COX —No Objection by email/letter. State Land, BLM, BOR - not affected Not affected MCDOT responses: Bob Woodring, Tricia Brown — No objection. No other responses County Department responses: P&D, Parks, Real Estate Services, FCD — No Objection. All responded DATE: 06/24/2014 [NIT: KWG