PAB0005 REPORT AND DOCUMENTATION.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB0005 Federal Patent Easement Abandonment
Meeting Date: September 10, 2014 to set the hearing date.
Supervisor District Effected: 3
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 603 W. Ilestin Road and being identified
as Assessor Parcel No. 211-53-075H.
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 Atizona 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 (1308) approved Ordinance No. P-34, adopting
procedures for the abandonment of federal patent easements. The IVIaricopa County
Department of Transportation (MCDCrI) 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) 506-4009
PATENT EASEMENT ABANDONMENT APPLICATION
Applicant Name: I col, ...rt4 tfe 11, Tracking NO: PAR- 0 tor
Mailing Address: ba.3 W gi,s4.1r) Road
City Phot-hig STATE: ,q2. ZIP: 1:10f4
Telephone:
Email:
PARCEL DETAIL
Assessor's Parcel Number: 0tH
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
O. geji- irl Rod Photn;)1 iff016
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
ftbaind e_ atm tpv# g Farce./ —0 11
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
7.10 1 1/
Signaturet of AppIiant" Date
NOTE: The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY ivICDOT
Received By:
Application Fee: $4600.00* Total Received: .75' 1
Date: 7"--7
Check
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009 D.5
* 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.

Wells Fargo Home Mortgage
MAC X3802-03A
8480 Stagecoach Circle
Frederick, MD 21701
June 10, 2014
SCOTT F SEVERTSON
MARY A SEVERTSON
603 WRESTIN RD -
PHOENIX AZ 85086
RE: Application to be Abandonment of Easement — Maricopa County AZ property — Deed of
Trust recorded in Doctunent #20110292602
Dear Mr./Mrs. Scott and Mary Severtson:
Please be advised that WELLS FARGO BANK, N.A. has no objection to you applying for the
abandonment of Easement pursuant to the small tract Act of 1938.
Undersigned has authority to execute this no-objection letter to the conditions contained herein on behalf of
Wells Fargo Bank, N.A.
Sincerely,
Lorna L. Slaughter
Wells Fargo Bank, N.A.
Phone#:240-586-7501
Together we'll go far
Wells Fargo Home Mortgage Ise division of Wells Fargo Bank, N.A. NMLSR1D399801

'nofficial
Document
20
WHEN RECORDED
MAIL TO: 82
C. Kyle Brown, Esq.
Loose, Brown & Associates, P.C. sa
11240N Tatum Blvd , Ste 110
Phoenix, AZ 85028
SPECIAL WARRANTY DEED
For the consideration of Ten Dollars, and other valuable considerations, we, SCOTT F.
SEVERTSON and MARY A. SEVERTSON, husband and wife, ("Grantors") hereby convey to
SCOTT F. SEVERTSON and MARY A. SEVERTSON, as Co-Trustees of the SEVERTSON
Family Trust, under Trust Agreement dated October 15, 2008 ("Grantees"), the following real
property situated in Maricopa County, Arizona:
THE EAST 182.00 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5 TOWNSHIP 5 NORTH, RANGE 3 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA.
EXCEPTING ALL OIL, GAS, AND OTHER MINERAL DEPOSITS AS
RESERVED TO THE UNITED STATES IN PATENT RECORDED IN
DOCKET 3358, PAGE 30.
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.
ASSESSOR'S PARCEL NO.: 311 53 075 H
The Grantors warrant the title against all persons whomsoever.
EXEMPT FROM AFFIDAVIT AND FILING FEE PURSUANT TO A. R. S.
§11-1134.B.8.
The names and addresses of the trust beneficiaries are:
Scott F. Severtson and Mary A. Severtson, 603 W. Restin Road, Phoenix, Arizona 85086
Dated this lc day of October, 2008.
A-ULAZZL---
MARY A. SE RTSON

20080892312
STATE OF ARIZONA
) ss
County of Maricopa
This instrument was acknowledged before me this /5-i-tray of October, 2008, by
SCOTT F. SEVERTSON and MARY A SEVERTSON.
/11J-/4,1;49,
Notary Public
My Commission Will Expire: c?t,
-
GINA HORN
NOTARY PUBLIC — ARIZONA
MARICOPA COUNTY
My Comm€ssion Expires
7/21/2012
Unofficial Document

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB0005
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
Jeff Kramer No Objection
Jamie Winterstein No Objection
Gerald Toscono No Objection
Nicolaas Swart NR
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 APS No Objection NONE
Century Link No Objection
Cox No Objection
SRP N/A
SWG N/A
Scottsdale Water N/A
Town of Cave Creek water No Response initial, No Response Application
d GOV AGENCIES N/A N/A N/A
e MUNICIPALITIES! N/A N/A N/A
TRIBES
DATE: 8/14/2014 NIT: KG

AERIAL EXHIBIT
PATENT EASEMENT

41114•11111IMi r -Y._ ri
7:irk/INCORPORATED MARICOPP:COUNTY,LJ
trl
PAB-0005 abandonment
East 33' EXCEPT N33'
. 110S:e4f
211
TjtO
072D

(Aug.19,,fl
Arizona 015044
Ebe Einiteb 'tate of Mnerita,
iEn all whom ts prenento stirali come, Greeting:
WHEREAS, a Certificate of the Land Office at Phoenix, Arizona,
has been issued showing that fall payment has been made by the claimant
Allie 0. Fisher
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 Meridian, Arizona.
T. 5 N., R. 3 E.,
See. 5, 11NIOSIANW3/4.
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 north, east and vest boundaries of said 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
THIRTEENTH day of APRIL in the year of
(SEAL] our Lord one thousand nine hundred and
and of the Independence of the United States the one hundred
and EIGHTY -FOURTH.
For the Director, Bureau of Land Management.
By
, Patents Scclion.
Patent Number 20756. I
GPO 866637

INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST

Mpricopa 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
0005
Applicant Name: ..re 074 -iv° lex, Tracking NO:
Mailing Address: kai IV. in Ito al/
City p A a th x STATE: 42„ ZIP: I re) I
Telephone: if0A-7ki-
Email: Irtaspafer rom Fax No: ‘9,3 1.1-3 •
RIM
Assessor's Parcel Number: Ali -fJ- 6 7Y /1
1, Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
6o) VtI. ktPtsin goad
Phothix, A-7_, rOf6
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
b arld o eastmen74 i rdo_riry ta,r# rid e
pa,k-ta n -
SIGNATURE
..1 I • I 11-
Signature of kpl3licant* 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: a _50 Received By:
Initial Determination Fee:
$250.00 Check #: Date: 77c
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

M aric op a County
Department of Transportation
2901 W. Durango $ t July 7, 2014
Phoenix, AZ 85009
Phone: 602-5O6.-&O9
Fax: 602-506-4009 Scott Severtson.
www.maricopa.gov 603 W Restin. Road
Phoenix, AX 85086
Attn: Scott Severtson
Dear Mr. Sevettson,
The Maticopa 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 211-53-075H and identified as tracking No. PAB0005.
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 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 right to object in writing or appear before the Board of
Supervisors.
Edmund Williams Mike Wils
Engineering Division, Manager. Real Estate Div. Mngt.
Ph: 602-506-4706
Identification Initials : KG, kg
Enclosure:
cc: PAB-0005 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0005
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
Jeff Kramer No Objection
Karl Rockwell NR
Nicolaas Swart No Objection
Paul Driver " NA
Tricia Brown No Objection
b COUNTY P&D No Objection NONE
RE Services No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS No Objection NONE
Century Link No Objection
Cox No Objection
SRP N/A
SWG N/A
Scottsdale Water N/A
Town of Cave Creek water No Response
d GOV AGENCIES N/A WA N/A
e MUNICIPALITIES / N/A N/A N/A
TRIBES
DATE: 7/07/2014 INIT: KG