Extracted text (via pymupdf)
20745 characters
Application Fee*: $1,600
Check #:Ot13V,-9
Total Received:0/30,00
Date/ft/At-4 2o to
MAFtICOPA COUNTY DEPARTMENT OF TRANSPORTATION
2901 W. Durango Street • Phoenix, AZ 85009
Phone: (602) 5064176
PATENT EASEMENT ABANDONMENT APPLICATION
Contact Information
Applicant Name: 45 Lamar L.L.C. c/o Gammage & Barham, PAB Number: PAB -0113
Mailing Address: 2 North Central Avenue, 15th Floor
City: Phoenix
State: Arizona
Zip: 85004
Phone ( 602 ) - 256 - 4409
Email: ebrundigeqblaw.com
Parcel Detail
Assessor's Parcel Number: 210 - 08
- 024A
210 - 08
- 024B and 210 - 08
- 024C
1.
Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
1017 West Happy Valley Road and 24805 North 11th Avenue, Phoenix, Arizona 85085
2.
Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A)
See attached narrative.
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.
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
March 11,2020
Signature of Applicant
Date
Maricopa County Use Only
Rec'd
*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
Permit Receipt
Payer Name:
Receipt #:
100210
45 LAMAR
Payment Date:
3/11/2020
4150 E LONE MOUNTAIN RD
Reference #:
PAB 0113
CAVE CREEK, Arizona 85331
Receipt Type: Patent Easements
Payment Items
Description
Payment Type Transaction #
Amount
PATENT EASEMENT ABANDONMENT // 45 LAMAR LLC C/O Check
001342
$1,350.00
GAMMAGE & BURNAM PLC
Total:
$1,350.00
January 27, 2020
VI10 A •\ D'2.d
Maricopa County Department of Transportation
2901 West Durango Street
Phoenix, Arizona 85009
RE:
Letter of Authorization respecting the southeast Corner of 11 6 Avenue and Happy Valley
Road
To Whom It May Concern:
,
Cd-trud.n‘eZA 4412rAkie 1-114/11 7nj
, as Lender on the approximate 4.7 acres located
at the southeast corner of 11t h Asit(nue and Happy Valley Road (also known as Maricopa County
Assessor Parcel Numbers 210-08-024A, -024B, and -024C), hereby authorizes 45 Lamar L.L.C.,
the Borrower, and Gammage & Burnham, P.L.C. to file and process applications, including but
not limited to entitlement and GLOPE abandonment applications, as necessary to entitle the
above referenced property.
This authorization remains valid unless revoked in writing.
Sincerely,
4ra-- antstill/ fedifre'e-
PRINT NAME
ITS
Trsinsportation Systems
Management Division
2911[ W. Durango Street
Phoenix, AZ 85009
Phone; 602-506-806
Fax: 602-506-8758
Maricopa County
Department of Transportation
September 12, 2019
Gamnnage 8t Burnham PLC and Elizabeth Brundige
2 North Central Avenue, 15th Floor
Phoenix, Arizona 85004
Dear Applicant/Property Owner,
ik (6 L.
MAR ii 2020
The Maricopa County Department of Transportation (MCDOT) has completed the
Initial Determination for potential abandonment of the Federal Patent Easement on
the properties identified as Assessor Parcels 210-08-024A, 210-08-024B and, 210-08-
024C tracking No. PAB-0113. MCDOT has received the following Objections:
MCDOT Objection: Systems Planning objects to this abandonment request and has
the following comments for Patent 1145606:
•
North Patent Easement: The North Patent Easements for parcels 201-08-024A
and B lie outside of Maricopa County jurisdiction within the City of Phoenix.
MCDOT cannot act to remove this patent.
•
Parcel 210-08-024A: Objection to full abandonment. However, MCDOT will
support the abandonment of the east 8 feet of the west 33 feet (except the
north 70 feet) retaining 25 feet.
•
Parcel 210-08-024B: Objection to full abandonment. However, MCDOT will
support the abandonment of the east 33 feet except the north 70 feet.
•
Parcel 210-08-024C: Objection to full abandonment. However, MCDOT will
support full abandonment of the east 33 feet and the south 33 feet (except the
west 25 feet), and the east 8 feet of the west 33 feet preserving 25 feet.
For further information on MCDOT's objection contact: Bob Woodring by phone 602-
506-8326 or email, bob.woodring@maricopa.gov .
Please Note: The following agencies are not required to respond in the Initial
Determination Phase. A request for Courtesy Review was sent and a response has
not yet been received.
CenturyLink and City of Phoenix Information Technology Services
If a response is received after the date of this letter, we will notify you further of their
determinations.
Maricopa County Ordinance P-34, Section 5d, states that no abandonment of a patent
easement can occur over objection from any utility. You may view this Ordinance at
http://www.mcdot.maricopa.gov/easements/home.htm, click on the "Ordinance P-
34" hyperlink. A utility has objected and you will need to contact the indicated
representative to resolve the objection.
After the objections have been addressed, proceed to the MCDOT website
(https://www.maricopa.gov/775/Abandonment-of-Patent-Easements) for the next
steps in the Patent Easement Abandonment process.
Sincetel
z._---------
Oralee Young — AdministrativtAssistant
Maricopa County Department of Transportation
Phone: 602-506-4631
July 30, 2019
Page 2
NOTE: Be advised, 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.
Unofficial
20Document
Recording Requested by:
Clear Title Agency of Arizona, LLC
52
sa
When recorded mail to:
45 Lamar, LLC
24103 North 25th Place
Phoenix, AZ 85024
OR 1 1 2020
WARRANTY DEED
File No. 60-521131 (SW)
For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we,
HVRA, LLC, an Arizona limited liability company, the GRANTOR does hereby convey to
45 Lamar, LLC, an Arizona limited liability company, the GRANTEE
the following described real property situate in Maricopa County, Arizona:
THE WEST 152 FEET OF THE NORTH 462 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT ALL COAL, OIL, GAS AND OTHER MINERALS AND ALL URANIUM, TFIORIUM, OR ANY OTHER
MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION
OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED
IN THE PATENT FROM THE UNITED STATES OF AMERICA; AND
EXCEPT ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE
PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN PATENT FROM THE UNITED STATES OF AMERICA.
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: April 11, 2016
20160308691
File No.: 60-521131 (SW)
Warranty Deed - continued
A.P.N.: 210-08-024A 1
HVRA, LLC, an Arizona limited liability
company
By: The BMS Trust, dated January 3, 1994 as Member
14/4,14dwit
Name: Graci-ard, rirustee
Duet!Dial Document
By:
WITNESS my hand and official seal.
My Commission Expires: ,
/
20160308691
File No.: 60-521131 (SW)
Warranty Deed - continued
A.P.N.: 210-08-024A 1
STATE OF
_AU` z-c)
)ss.
County of
On
6) Re.,
-
, before me, the undersigned Notary Public,
personally appeared Gracia Heard,*member of, FIVIIA, LLC, an Arizona limited liability company,
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.
masimalammill
* Trustee of the BMS Trust, dated 1/3/94
Unofficial Document
OFFICIAL SEAL
YvONNE J. CARRILLO
Notary Public • Slate of Arizona
YAVAPAI COUNTY
My Comm. Expires Feb. 4. 2018
Unofficial
20 Document
52
Recording Requested by:
Clear Title Agency of Arizona, LLC
When recorded mail to:
45 Lamar, LLC
24103 North 25th Place
Phoenix, AZ 85024
WARRANTY DEED
File No. 60-521133 (SW)
For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we,
Gracia Ann Heard Trustee, under the BMS Trust, U/A/D January 3, 1996, the GRANTOR does
hereby convey to
45 Lamar, LLC, an Arizona limited liv4bility company, the GRANTEE
the following described real property situate in Maricopa County, Arizona:
THE EAST 178 FEET OF THE NORTH 462 FEET OF THE WEST HALF OF THE NORTHWEST- QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT ALL COAL, OIL, GAS AND OTHER MINERALS AND ALL URANIUM, THORIUM, OR ANY OTHER
MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION
OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALEY, AS RESERVED IN THE
PATENT FROM THE UNITED STATES OF AMERICA;
EXCEPT ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE
PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN PATENT FROM THE UNITED STATES OF AMERICA.
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: April 11, 2016
Ho:
20160308639
File No.: 60-521133 (SW)
Warranty Deed - continued
A.P.N.: 210-08-0248 1
Gracia Ann Heard Trustee, under the BMS
Trust, U/A/D January 3, 1996
Gracia Anale
Trus ee
20160308639
File No.: 60-521133 (SW)
Warranty Deed - continued
A.P.N.: 210-08-024B 1
STATE OF
County of
\I OA
)ss.
On
ac_)K4
, before me, the undersigned Notary Public,
personally apkared Gracia Ann Heard Trustee under The BMS Trust, 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.
My Commission Expires:
icioVify Public
OFRCIAL BEAL
YVONNE 4. CARRILLO
Notary POW - Stale of Arizona
YAVAPAI COUNTY
My Comm. Expires Feb. 4,2018
Dinuncial Document
20160308639
File No.; 60-521133 (SW)
Warranty Deed - continued
A.P.N.: 210-08-0246 1
BENEFICIARY DISCLOSURE
April 11, 2016
Clear Title Agency of Arizona, LLC
11211 North Tatum Blvd., Suite 150
Phoenix, AZ 85028
RE: Escrow No. 60-521133
The undersigned, being the Trustee(s) of the BMS 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: 8)15 reure
ADDRESS:
I tit/ 50
-111.1aAô 5tt r116.4_,), Az, P6.5
NAME:
ADDRESS:
NAME;
ADDRESS:
BMS Trust
Gracia Ann Keard, Trustee
Unofficial
20 Document
Recording Requested by:
Clear Title Agency of Arizona, LLC
When recorded mail to:
45 Lamar, LLC
24103 North 25th Place
Phoenix, AZ 85024
n 1 1
WARRANTY DEED
File No. 60-521147 (SW)
For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we,
Rick D. Dolan, Personal Representative of the Estate of, Harold Dolan, deceased, Probate No
P82013-070319, the GRANTOR does hereby convey to
45 Lamar, LLC, an Arizona limited liability company, the GRANTEE
the following described real property situate in Maricopa County, Arizona:
THE SOUTH 198 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT ALL COAL, OIL, GAS, AND OTHER MINERALS, AND ALL URANIUM, THORIUM, OR ANY OTHER
MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION
OF FISSIONABLE MATERIAL WHETHER OR NOT OF COMMERCIAL VALUE AS RESERVED IN THE PATENT
FROM THE UNITED STATES OF AMERICA.
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: April 11, 2016
52
MO
20 1 60308 4 7 1
File No.: 60-521147 (SW)
Warranty Deed - continued
A.P.N.: 210-08-024C 0
Rick D. Dolan, Personal Representative of
the Estate of, Harold Dolan, deceased,
Pr•k1at;..is, 0.t>
PB2013-07,0319
D
) Pt0150,uA gct t ft
101-114 SNI
Rick D. Dolan, Personal Representative
Unolfpcial Document
2 0 1 603 0 8 4 7 1
File No.: 60-521147 (SW)
Warranty Deed - continued
&P.N.: 210-08-024C 0
STATE OF
)ss.
County
On (/t ///
9/ Je/,
, before me, the undersigned Notary Public,
personallYappeared Rick D. Dolan, Personal Representative of The Estate of Harold Dolan,
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.
My Commission Expires:
Notary Public
I A
STEPHANIE WALLACE
Notary Public - State of Arizona
MARICOPA COUNTY
My Comm. Expires July 14.2018
201 603084 71
File No.: 60-521147 (SW)
Warranty Deed - continued
A.P.N.: 210-08-024C 0
BENEFICIARY DISCLOSURE
April 11, 2016
Clear Title Agency of Arizona, LLC
11211 North Tatum Blvd., Suite 150
Phoenix, AZ 85028
RE: Escrow No. 60-521147
The undersigned, being the Trustee(s) of the Estate of Harold Dolan, 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:
CAC b
ADDRESS:
el2" ) )3 4,
\
DR...,,c7t5v1b-m-ce
4A r
NAME:
b4P,\)1
ADDRESS:
1 '.
V-
'DikA tt A,
so‘ict
NAME:
ADDRESS: MIralfire 14/?/. 1 11/-/
Estate of Harold Dolan
4-1-1(
f' citt FI F iq V6,0
t.)
Rick D. Dolan, Personal Representative
General Land Office Patent Easement Abandonment Request
SEC of Happy Valley Road and 11th Avenue Alignment
March 12, 2020
1 | P a g e
Property Overview
45 Lamar L.L.C. (“45 Lamar”) is the owner of the approximate 4.7 acres generally located at the
southeast corner of the 11th Avenue alignment and Happy Valley Road, more specifically Maricopa
County Assessor Parcel Numbers 210-08-024A, -024B, and -024C (collectively, the “Property”). See
Aerial Map. The Property is zoned Maricopa County Rural-43 and is located within the City of
Phoenix’s Municipal Planning Area. This application is proposing to abandon portions of the 33 FT
General Land Office Patent Easement No. 1145606 encumbering the overall perimeter of the
Property. 45 Lamar will be separately processing a Special Use Permit (“SUP”) to allow for the
continued use of the Property for outdoor storage.
GLOPE Abandonment Request
This application requests to abandon portions of General Land Office Patent Easement No. 1145606
(“GLOPE”) adjacent to the east, south, and west sides of the overall perimeter of the Property, as
stated and depicted below:
APN -024B
Abandon all 33 FT of the GLOPE adjacent to the east property line of APN -024B,
except the north 70 FT. (The north 70 FT is planned as Happy Valley Road right-
of-way controlled by the City of Phoenix – this application proposes no
dedication of right-of-way for Happy Valley Road.)
-024C
-024B
-024A
General Land Office Patent Easement Abandonment Request
SEC of Happy Valley Road and 11th Avenue Alignment
March 12, 2020
2 | P a g e
APN -024C
Abandon the east 33 FT and the south 33 FT (except the west 25 FT), and the
east 8 FT of the west 33 FT, retaining 25 FT.
APN -024A
Abandon the east 8FT of the west 33 FT, (except the north 70 FT) retaining 25
FT. (The north 70 FT is planned as Happy Valley Road right-of-way controlled by
the City of Phoenix – this application proposes no dedication of right-of-way for
Happy Valley Road.)
Again, no changes are proposed to the GLOPE adjacent to the north property lines of APNs –024A
and –B.
***
33’
33’
25’
8’
GLOPE to be abandoned
GLOPE to remain
70’
-024A
-024B
-024C
General Land Office Patent Easement Abandonment Request
SEC of Happy Valley Road and 11th Avenue Alignment
March 12, 2020
3 | P a g e
On July 30, 2019, MCDOT issued an initial determination for the potential abandonment of the GLOPE,
which included initial objections from MCDOT, the City of Phoenix, and Arizona Public Service
Company (APS). However, 45 Lamar successfully resolved the City of Phoenix’s and APS’ objections,
as well as discussed this proposal with MCDOT Staff. Subsequently, MCDOT issued an updated initial
determination letter on September 12, 2019. This application has been prepared pursuant to the
updated initial determination letter and our subsequent discussions with MCDOT.
The GLOPE was reserved on the original patent deed to ensure legal access to local governments and
public utilities. Currently, the western portion of the GLOPE (the 11th Avenue alignment) is used for
access to the Property, as well as for access to surrounding properties to the south. 45 Lamar intends
on retaining the west 25 FT of the GLOPE to ensure continued legal access for local governments,
utility companies, and adjacent property owners. 45 Lamar is not proposing to abandon the north 70
FT of the GLOPE, which is planned as Happy Valley Road right-of-way controlled by the City of Phoenix.
The remaining east and south portions of the GLOPE have not and currently are not used by local
governments, utility companies, or adjacent property owners, given that sufficient access, etc. exists
on Happy Valley Road and 11th Avenue. Based on current conditions and projected development
patterns, it is not anticipated that proposed abandonment of the GLOPE as described and depicted
above will impact any future plans for public or utilities access.