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MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 2901 W. Durango Street e Phoenix, AZ 85009 Phone: (602) 506-4178 PATENT EASEMENT ABANDONMENT APPLICATION | Contact Information Applicant Name: JASON <— ( AN DACE BA NE PAB Number: PAB - Old2 Mailing Address: (94 E. WiNDSTONE TRL. City: CAVE CREEK State: AZ Zip: 8533 | Phone (i902)-42l_ -_7#70l Email: HISSCANDACE (a) GMAIL. CoM ee ___ Parcel Detail Assessor's Parcel Number: 2le_- Wt -059D 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) (084 E. WiNDSTONE TRL, CAVE CREEK, AZ 8533) 2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A) 0 Z 1 5 E EXCEPT THE SOUTHERN 33 FEETOF PARCEL 210 -7- 0590. 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. I certify, under penalty of perjury, that no loss of currently existing legal and physical access to any property will occur if the County grants the patent easement abandonment requested in this 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. 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. I, 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 (eadaee bone B—-R oY [o#/2022 LL” —- (Signature of @ppticant Date ee ne ee Maricopa County Use Only Application Fee*: $1,600 Check #:24: 4827420%° Total Revelved: “4 280 .0c Date: lizizz Rec'd By: OZ *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. The application fee is NOT refundable. Make checks payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009. Maricopa County Department of Transportation 2901 W. Durango Street, Phoenix, AZ 85009 Receipt Payer Name: Receipt #: 100998 CANDACE BANE Payment Date: AIN2/2022 4521 E ZENITH LN Receipt Type: Patent Easements CAVE CREEK , Arizona 85331 Reference #: PAB-0192 Description Payment Type Transaction # Amount PATENT EASEMENT // PAB-0192 // 1 X $1350.00 = $1350.00 | Credit Card 3827392038) $1,350.00 Total:| $1,350.00 MCDOT TRANSPORTATION. MCDOT Permits Thank you for your payment. Please print this receipt and keep it for your records. Maricopa County Department of Transportation Clerk ID: RHODESC Customer Name: CANDACE BANE Reference Number : PAB-0192 Product Description Payment Amount Patent Easements 1 $1,350.00 Payment Amount: $1,350.00 Receipt Number: 3827392038 Transaction Date: 04/12/2022 09:56 AM Payment Type: Account Number: *9908 SM dace Lat | adyee to pay this obligalion“According to the terms outlined in my agreement with my card issuer. From: Jessica Brinton (DOT) Jessica.Brinton@maricopa.gov Subject: RE: Patent Easement Document - PAB-0192 Date: Apr 7, 2022 at 2:35:41 PM To: Candace Bane misscandace@gmail.com Cc: Jason Bane <3 thebaneidentity@gmail.com Hello Candace, Thank you for sending these materials! | took a look and confirmed that you are ready to move ahead and it is OK to process payment for this request. Because the Initial Determination was completed within the last 6 months, only $1,350 will be due at this time. As we discussed, please bring a hard copy of this email and the other Application materials with you when you come to make payment. Please also let me know if you change your mind and would prefer to make payment over the phone and | can get you in the queue for payment collection over the phone. This can take up to 10 business days because these calls are addressed in the order requests are received and as quickly as staff time allows. Thank you, Jessica Jessica Brinton Planner Engineering Division O: 602.506.4178 Maricopa County Department of Transportation From: Candace Bane <misscandace@gmail.com> Sent: Thursday, April 7, 2022 1:31 PM To: Jessica Brinton (DOT) <Jessica.Brinton@maricopa.gov> Cc: Jason Bane <3 <thebaneidentity@gmail.com> Subject: Re: Patent Easement Document - PAB-0192 Good afternoon, Jessica! | left you a voicemail yesterday, but wanted to follow up with an email, since sometimes it’s easier to respond this way. We finally were able to obtain the letter from our letter, so we’re ready to submit for final approval. | am attaching all documentation to this email. Please, let me know if I’m missing anything, or if additional information is needed. Also, can we go ahead and do payment over the phone? Please feel free to have someone contact me and | can take care of the remaining fee. Thanks again for all your help with this process! You’ve been great to work with. Specialized Loan Servicing Part of the Compulenshare Grup March 29, 2022 Jason Wayne Bane RE: Loan Number: xxxxxx4891 Candace Bane Property Address : 6684 E. Windstone Trl. 6684 E. Windstone Trl. Cave Creek, AZ 853311 Cave Creek, AZ 85334 Dear Jason Wayne Bane and Candace Bane, This letter is in response to your correspondence received by Specialized Loan Servicing LLC (“SLS") on March 4, 2022 regarding the public utility easement for the above-referenced mortgage account. Please be advised, SLS does not object to a public utility easement on the eastern part of the property, being reduced from 33 feet to 10 feet. If you have any questions regarding this information, please contact Customer Care toll free at 1-800- 315-4757, Monday through Friday, 6:00 a.m. until 6:00 p.m. MT. We accept calis from relay services. Sincerely, me ere Jason, teller #11107 Customer Care Support Specialized Loan Servicing LLC SPECIALIZED LOAN SERVICING LLC IS REQUIRED BY FEDERAL LAW TO ADVISE YOU THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. BANKRUPTCY NOTICE - IF YOU ARE A CUSTOMER IN BANKRUPTCY OR A CUSTOMER WHO HAS RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT: PLEASE BE ADVISED THAT THIS NOTICE 1S TO INFORM YOU OF THE STATUS OF THE MORTGAGE SECURED BY THE SUBJECT PROPERTY. THIS NOTICE CONSTITUTES NEITHER A DEMAND FOR PAYMENT NOR A NOTICE OF PERSONAL LIABILITY TO ANY RECIPIENT HEREOF, WHO MIGHT HAVE RECEIVED A DISCHARGE OF SUCH DEBT IN ACCORDANCE WITH APPLICABLE BANKRUPTCY LAWS OR WHO MIGHT BE SUBJECT TO THE AUTOMATIC STAY OF SECTION 362 OF THE UNITED STATES BANKRUPTCY CODE. IF YOU RECEIVED A DISCHARGE OF THE DEBT IN BANKRUPTCY, WE ARE AWARE THAT YOU HAVE NO PERSONAL OBLIGATION TO REPAY THE DEBT. WE RETAIN THE RIGHT TO ENFORCE THE LIEN AGAINST THE COLLATERAL PROPERTY, WHICH HAS NOT BEEN DISCHARGED IN YOUR BANKRUPTCY, IF ALLOWED BY LAW AND/OR CONTRACT. IF YOU HAVE QUESTIONS, PLEASE CONTACT US AT 1-800-306-6057. SUCCESSORS IN INTEREST - IF YOU ARE IN RECEIPT OF THIS COMMUNICATION PURSUANT TO YOUR STATUS AS A SUCCESSOR IN INTEREST TO THE SUBJECT PROPERTY, THIS NOTICE DOES NOT MAKE YOU LIABLE FOR THE MORTGAGE DEBT. UNLESS YOU ARE PERSONALLY LIABLE FOR OR HAVE ASSUMED THE MORTGAGE LOAN, YOU CANNOT BE REQUIRED TO USE YOUR ASSETS TO PAY THE MORTGAGE DEBT. THE LENDER HAS A SECURITY INTEREST iN THE PROPERTY AND A RIGHT TO FORECLOSE ON THE PROPERTY, WHEN PERMITTED BY LAW AND AUTHORIZED UNDER THE MORTGAGE LOAN CONTRACT. 6200 S. Quebec St., Ste. 300 Greenwood Village, CO 801114 www.SLS.net Specialized Loan Servicing LLC NMLS ID 2168 From: Campo, Julia JCampo@scottsdaleaz.gov Subject: Re: 6684 E Windstone Tri - Abandonment of Patent Easement Date: Jan 11, 2022 at 2:32:37 PM Yo: Candace Bane misscandace@gmail.com Ce: Jason Bane <3 thebaneidentity@gimail.com, Rahman, Rezaur RRahman@scotisdaleaz.gov Hello Candace, | spoke with our Principal Engineer, Rezaur Rahman, and we have come to the following conclusion regarding your inquiry on the PAB case 0192. Scottsdale Water services water and sewer to this area, meaning we own, operate and maintain water and sewer lines in your neighborhood. We are not concerned with 67th Street being used as an access or egress road. That is under the jurisdiction of Maricopa County. With that being said, Scottsdale Water needs to maintain a total 20 feet of easement along 67th Street for future sewer improvements per the City's Design Standards and Policies Manual (DSPM 2018) Chapter 7-1.412. Although sewer lines do not currently exist along 67th Street, we have to plan for that they will exist in the future. Therefore, instead of the 20 feet we originally proposed for abandonment, we can allow a maximum of 23 feet to be abandoned, leaving 10 feet of easement for future infrastructure improvements. Please let me know if you have any questions. Thank you, Julia Campo, EIT | Water Resources Engineering Associate From: Candace Bane <misscandace @ gmail.com> Sent: Friday, January 7, 2022 2:44 PM To: Campo, Julia <JCampo@Scottsdaleaz.gov> Cc: Jason Bane <3 <thebaneidentity@gmail.com>; Rahman, Rezaur <RRahman@Scottsdaleaz.gov> Subject: Re: 6684 E Windstone Trl - Abandonment of Patent Easement 1. External Email: Please use caution if opening links or attachments! Thank you for responding so quickly. | look forward to hearing back from you next week. From: Campo, Julia JCampo@scottsdaleaz.gov Subject: RE: 6684 E Windstone Trl - Abandonment of Patent Easement Date: Jan 21, 2022 at 9:58:38 AM To: Jason Bane thebaneidentity@gmail.com, Rahman, Rezaur RRahman@scottsdaleaz.gov Cc: Candace Bane misscandace@gmail.com Hello Jason, You are correct. Amaximum abandonment of 23 feet of your eastern GLOPE (# 1182363) leaves 10 feet of easement for future improvements. The other 10 feet (to total to 20 feet of easement) would come from the adjacent GLOPE (# 1175802) which fronts the property on the eastern side of 67" Street. When that property is developed and comes in for GLOPE abandonment, we would only allow a maximum of 23 feet of abandonment for the same reasons. Hope this answers your question. Thank you, Julia Campo, EIT | Water Resources Engineering Associate “Water Sustainability through Stewardship, Innovation and People” 9379 E. San Salvador Dr Scottsdale, AZ 85258 (480)312-5215 From: Jason Bane <ihebaneidentity@gmail.com> Sent: Thursday, January 20, 2022 8:49 PM To: Rahman, Rezaur <RRahman@Scoitsdaleaz.gov> Cc: Campo, Julia <JCampo@ Scottsdaleaz.gov>; Candace Bane <misscandace @ gmail.com> Subject: Re: 6684 E Windstone Trl - Abandonment of Patent Easement Hi Rezaur, Thank you for your prompt response. Based on what you are showing, | just wanted to confirm the initial reassessment. After Julia and you connected, it was suggested that instead of 20, 23 of the 33 feet could be abandoned, only leaving 10 feet of easement on our property (see below repaste from the earlier part of the email). But you also most recently stated that 20 ft for GLOPE is required. This would seem to MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 2901 W. Durango Street * Phoenix, AZ 85009 Phone: (602) 506-4178 PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION Wo ae Applicant Name: _J ASON + CANDACE RANE Mailing Address: 452] E. ZeuiTH Ln \ Lex City: CAVE CREEK State: AZ \ zip? 8533] Phone (002)- 92! -_770l_ Email: MisSCANDACE (@) GHA rl. core Assessor’s Parcel Number: 21-7 -059D 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) (008Y E. whivosTOwE TRL, CAVE CREEK AF 8533] 2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A) AbGuDIN EASEMENT BorDERING THE EAST Sipe OF PARCEL Z10-7-059D 3. Access Certification: I certify, under penalty of perjury, that no loss of currently existing legal and physical access to any property will occur if the County grants the patent easement abandonment requested in this initial determination. Qn Layne 2/712) ighature of Appticant Date PAB Number: Initia! Determination Fee*: $250.00 Check #0 34H Total Received: Fo050-c) nate: 27 Lite-L42/ Rec'd By: cat Oe ae titeggd lt lla EGS, oN 7 * The Initial Determination fee Is NOT refundable. Make checks payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009, Maricopa County Department of Transportation 2901 W. Durango Street Phoenix, AZ 85009 Permit Receipt Payer Name: Receipt #: 100853 JASON W BANE / CANDACE N BANE Payment Date: 12/7/2021 4521 E ZENITH LN Reference #: APN 216-67-059D CAVE CREEK , Arizona 85331 Receipt Type: Abandonments Payment Items Description Payment Type Transaction # Amount PATENT EASEMENT ABANDONMENT INITIAL Check 2344 $250.00 DETERMINATION / JASON & CANDACE BANE Total: $250.00 ey i fal “OuUNS Engineering 2901 W. Durango Street Phoenix, AZ 85009 Phone: 602-506-4889 Fax: 602-506-5969 www.medot.maricopa.gov Maricopa County Department of Transportation January 5, 2022 Jason and Candace Bane 4521 East Zenith Lane Cave Creek, Arizona 85331 Subject: PAB-0192 Initial Determination Review Results Letter Dear Applicant, The Maricopa County Department of Transportation (MCDOT) has completed the Initial Determination review for potential abandonment of the Federal Patent Easement on the property identified as Assessor Parcel Number 216-67-059D, tracking number PAB-0192. MCDOT has received the following responses: MCDOT: MCDOT Systems Planning objects to the abandonment as requested but would have no objection to abandonment of the northern 3 feet of the Southern Patent Easement, retaining 30 feet for access, and abandonment of the Eastern Patent Easement, except the southern 30 feet. County Departments: No objection. Utilities: Arizona Public Service (APS) objects to the abandonment as requested due to existing APS electric facilities in the Southern Patent Easement. APS may be able to consent to abandonment of a portion of the Southern Patent Easement if the applicant has the APS facilities located via 811/Blue Stake. APS has no objection to abandonment of the Eastern Patent Easement, except the southern 33 feet. Please contact James Generoso for additional information (james.generoso@aps.com). The City of Scottsdale Water Resources Division objects to the abandonment as of the Eastern Patent Easement. "additionally, the City “objects to abandonment of the Southern Patent Easement because there is an existing 6-inch water line and fire hydrant along East Windstone Trail, in the Southern Patent Easement. Please contact Julia Campo for additional information (jcampo@scottsdaleaz.gov). Agencies: The City of Phoenix Street Transportation Department objects to the abandonment as requested but would have no objection to abandonment of the northern 8 feet of the Southern Patent Easement, retaining 25 feet for access, and abandonment of the Eastern Patent Easement, except the southern 25 feet. Please contact Bruce Littleton for additional information (bruce. |littleton@phoenix.gov). Patent Easement Abandonment Initial Determination Letter Page 2 No response has been received from the Maricopa County Parks and Recreation Department or CenturyLink as of January 5, 2022. If a response is received after the date of this letter, you will be notified. NOTE: Be advised, reviewing agencies are not required to respond in the Initial Determination Phase. Additionally, all reviewing entities reserve the right to change their original review position, which may affect the final recommendation on the application. Applicants are encouraged to contact the parties listed above to resolve objections prior to proceeding to the Application Phase. Maricopa County Ordinance P-34, Section 5d, states that no abandonment of a Patent Easement can occur over objection from any utility. To avoid extended review and/or additional fees the Application for PAB- 0192 must be filed by July 5, 2022. Please contact MCDOT staff, as indicated below, with any questions or concerns. More information on the Patent Easement Abandonment Application can be found on the MCDOT website (https://www.maricopa.gov/775/Abandonment-of-Patent- Easements). Please contact me as indicated below with any additional questions. J 1 Maricopa County Department of Transportation Phone: 602-506-4178 Email: Jessica.Brinton@Maricopa.gov Engineering 2901 W. Durango Street Phoenix, AZ, 85009 Phone: 602-506-4889 Fax: 602-506-5969 www.mcedot.maricopa.gov Maricopa County Department of Transportation February 22, 2022 Jason and Candace Bane 4521 East Zenith Lane Cave Creek, Arizona 85331 Subject: PAB-0192 Update to the Initial Determination Review Results Letter Dear Applicant, The Initial Determination review period for potential abandonment of the Federal Patent Easement on the property identified as Assessor Parcel Number 216-67-059D, tracking number PAB-0192 concluded on December 28, 2021. MCDOT issued a review conclusion letter on January 5, 2022. The January 5 review conclusion letter noted that a response had not yet been received from the Maricopa County Parks and Recreation Department or CenturyLink. MCDOT has since received the following response from CenturyLink: Utilities: CenturyLink objects to abandonment of the Southern Patent Easement along East Windstone Trail but has no objection to abandonment of the Eastern Patent Easement, except the southern 33 feet. Please contact Jody Butte for additional information on this response (jody.k.butte@lumen.com, reference CenturyLink tracking number P840089). There are no changes to the other results described in the original letter. No response has been received from the Maricopa County Parks and Recreation Department as of the date of this letter. If a response is received after the date of this letter, you will be notified. NOTE: Be advised, reviewing agencies are not required to respond in the Initial Determination Phase. Additionally, all reviewing entities reserve the right to change their original review position, which may affect the final recommendation on the application. Applicants are encouraged to contact the parties listed above to resolve objections prior to proceeding to the Application Phase. Maricopa County Ordinance P-34, Section 5d, states that no abandonment of a Patent Easement can occur over objection from any utility. The Ordinance can be found on the MCDOT website under the “Ordinance P-34” hyperlink: https://www.maricopa.gov/775/Abandonment-of-Patent-Easements. Patent Easement Abandonment Initial Determination Page 2 More information on the Patent Easement Abandonment Application can be found on the MCDOT website: https://www.maricopa.gov/775/Abandonment-of-Patent- Easements. Please contact me as indicated below with any additional questions. Sincerely, oa Brenton essica Brinton, Planner Maricopa County Department of Transportation Phone: 602-506-4178 Email: Jessica.Brinton@Maricopa.gov RECORDED ELECTRONICALLY BY SECURITY TITLE AGENCY RECORDING REQUESTED BY: Security Title Agency, Inc. Escrow No.: 49210883-049-JK3 WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Jason Wayne Bane Candace Bane 4521 E Zenith Lane Cave Creek, AZ 85331 Wa ee Ae oe MARICOPA COUNTY RECORDER STEPHEN RICHER 20211215784 11/12/2021 04:34 ELECTRONIC RECORDING 49210883-5-3-1-- morgana WARRANTY DEED For the consideration of Ten Dollars, and other valuable consideration, SPACE ABOVE THIS LINE FOR RECORDER'S USE Scott D. Regnier and Rachel Regnier, husband and wife as community property with right of survivorship (“Grantor”) conveys to Jason Wayne Bane and Candace Bane, husband and wife as community property with right of survivorship the following real property situated in Maricopa County, ARIZONA: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 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. Grantor warrants the title against all persons whomsoever, subject'to the matters set forth above. Warranty Deed DEEDO007S5 (DSI Rev. 03/43/20) Last Saved: 11/8/2021 1:54 PM by JK3 Escrow No. : 49210883-049-JK3 Dated: November 8, 2021 Grantor(s): et oe ee aa Vahl TL, ¢ foe Eo wa? Scott D. Regnier —_— State of AY Le Rachel Regnier ZAOTARY ACKNOWLEDGEMENT(S) TO WARRANTY DEED County of The foregoing document was acknowledged before me this cA by _ Scott D. Regnier and Rachel Regnier (Seal) Warranty Deed DEEDO0075 (DSI Rev, 03/13/20) Notary Public, State of Arizona Commission #585173 My Commission Expires May 12,2024 TARA AGHAREZA Lara fia lnaeza Notary Public Merlcops County Last Saved: 14/8/2021 1:54 PM by JK3 Escrow No. : 49210883-049-JK3 EXHIBIT “A” Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED CAVE CREEK, IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: The Southeast quarter of the Southwest quarter of the Northeast 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 West 148.40 feet thereof EXCEPT ail oil, gas and other mineral deposits reserved to the United States of America in the patent to said land. Last Saved: 11/8/2021 1:54 PM by JK3 Warranty Deed ¢ DEEDO075 (DSI Rev. 03/13/20) Escrow No. : 49210883-049-JK3 eve ee Acceptance of Community Property with Right of survivorship "Deed" Jason Wayne Bane and Candace Bane, husband and wife as community property with right of survivorship, each being first duly sworn upon oath, deposes and says, THAT | am one of the Grantees named in the deed attached to this Acceptance, dated November 8, 2021, and executed by Scott D. Regnier and Rachel Regnier, husband and wife as community property with right of survivorship as Grantors, to Jason Wayne Bane and Candace Bane, husband and wife as community property with right of survivorship as Grantees, and which conveys the real property described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. to the Grantees named in the deed, not as tenants in common, nor as community property, nor as joint tenants with right of survivorship, but as community property with right of survivorship. Each of us individually and jointly as Grantees assert and affirm that it is our intention to accept this conveyance as community property with right of survivorship and to acquire any interest we may have in the real property under the terms of the Deed as community property with right of survivorship. Dated: November 8, 2021 GRANTEES: TQ it, RR / pollu. £3,200 Jason Wayne Bane Wis ) Gandace Bane “~~ NOTARY ACKNOWLEDGEMENT(S) TO ACCEPTANCE OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP DEED State of AZO a County of — MAL ppt— The foregoing document was acknowledged before me / 2 @ day of this Noveeuber y ZO by _Jason Wayne Bane and Candace Bane (Seal) Notary Public PAUL TOROK Public - State of MARICOPA COUNTY Commission # 873628 Expires November 30, Acceptance of Community Property w/Right of Survivorship Deed Printed: 11/8/2021 3:54 PM by JK3 DEEDO019 (DSI Rev. 07/26/16) Page 4 Escrow No. : 49210883-049-JK3 ee EXHIBIT “A” Legal Description The Southeast quarter of the Southwest quarter of the Northeast 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 West 148.40 feet thereof EXCEPT all oil, gas and other mineral deposits reserved to the United States of America in the patent to said land. Acceptance of Community Property w/Right of Survivorship Deed Printed: 11/8/2021 3:51 PM by JK3 DEEDO019 (DSI Rev. 07/26/16) Page 2 Escrow No, : 49210883-049-JK3