5. PAB-0121 INITIAL DETERMINATION.PDF
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Signature to-o-19 Date MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 2901 W. Durango Street • Phoenix, AZ 85009 Phone: (602) 506-4178 PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION Contact Information Applicant Name: Bruce Heyse Mailing Address; 1915 E. Velvet Dr City: Tempe Phone ( 602 ) - 206 - 0963 State: AZ Zip: 85284 Email: bheyse6565@msn.com Parcel Detail Assessor's Parcel Number: 201 _ 08 _ 060 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) 10000 block of W. Camino De Oro, Peoria apn's 201-08-060 and 059C 2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A) Abandon patent easements bordering the east, west and north sides of Apn's 201-08-060 and 059C 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. Maricopa County Use Only PAB Number: Initial Determination Fee*: $250.00 Check #:_ 5.7'3 i(S/Pad /0D0 Total Received: Date: 3/4,21,4677 Rec'd By: * 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 #: 100094 BRH SURVEY LLC / BRUCE R HEYSE Payment Date: 10/31/2019 1915 E VELVET DR Reference #: APN 201-08-060 / 201- TEMPE , Arizona 85284 08-059C Receipt Type: Patent Easements Payment Items Description PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION Payment Type Transaction # Amount Check 573 $250.00 Total: $250.00 Lireat American Title Agency WHEN RECORDED, RETURN TO: Kevin J. Morris, Esq. GREENBERG TRAURIG, LLP 2375 E. Camelback Road, Ste. 700 Phoenix, Arizona 85016 EXEMPT PURSUANT TO A.R.S. §11-1134(B)(1) Unofficial 20:Document PH] ho: Pk1)c ‘1 1 TRUSTEE'S DEED AND BILL OF SALE Kevin J. Morris, a Member of the State Bar of Arizona (hereinafter "Grantor"), as the duly appointed Trustee of the Deed of Trust hereinafter described, does, subject to the terms set forth below, hereby grant and convey, but without covenant, representation, or warranty, express or implied, to PHNX HOUSING SOLUTIONS II, LLC, an Arizona limited liability company whose address is 23233 N. Pima Rd., #113-240, Scottsdale, Arizona 85255 (hereinafter "Grantee"), the real and personal property, if any, situate in the County of Maricopa, State of Arizona, described as follows: SEE EXHIBIT "A" ATTACHED Trustee states that: This conveyance is made pursuant to the powers, including the power of sale, conferred upon Trustee by the Deed of Trust made by D & M Land Development, Inc., as Trustor, for the benefit of BMO Harris Bank N.A., as successor to M&I Marshall & Ilsley Bank, as Beneficiary, dated April 23, 2007, and recorded on April 23, 2007, as Instrument No. 2007-0470887, Official Records of Maricopa County, Arizona, (the "Deed of Trust"). Thereafter a Notice of Substitution of Trustee was recorded naming Kevin J. Morris as Successor Trustee, on March 5, 2013, at Instrument No. 2013-0204259, in the office of the County Recorder of said County and State. The Trustee has fulfilled the conditions specified in the Deed of Trust, and has complied with the laws of the State of Arizona authorizing this conveyance, including compliance with all requirements of law regarding recording the Notice of Trustee's Sale and Notice of Personal Property Sale and mailing, posting and publishing copies thereof, and regarding the Trustee's Sale and Personal Property Sale and all proceedings leading thereto. The property was sold by Trustee at public auction on August 28, 2013, at the place named in the Notice of Trustee's Sale and Personal Property Sale, in the County of Maricopa, State of Arizona, in which the property is situate. Grantee, being the highest bidder at the sale, became the purchaser of the property and made payment to the Trustee in the amount bid, namely $362,000.00. This conveyance is subject to verification that all sums paid by Grantee 330882066v1 Unofficial Document 20130830099 constitute valid, good, available funds. The successful bid amount did not satisfy all of the obligations and indebtedness evidenced or secured by the Deed of Trust, and the beneficiary under the Deed of Trust reserves all of its rights and claims against trustor and any other obligors. This conveyance is made subject to all taxes and assessments, easements, liabilities, obligations, encumbrances, covenants, conditions, restrictions, reservations, and liens of record and all matters that a complete and accurate survey and inspection of the property would disclose. The real and personal property, if any, is sold and transferred in its "AS IS" condition, with all faults and defects. IN WITNESS WHEREOF, Kevin J. Morris, a Member of the 1State Bar of Arizona, as Trustee, has duly executed this Trustee's Deed and Bill of Sale this 0-1 day of September, 2013. STATE OF ARIZONA ) ss. County of Maricopa The foregoing instrument was acknowledged before me this 67' 'day of September, 2013, by Kevin J. Morris, a Member of the State Bar of Arizona, as Trustee. My Commission Expires: Donna D. Bryant Notary Public Maricopa County, Arizona My Comm. Expires 02-19-17 -2- PHX 330882066v1 20130830099 EXHIBIT A PARCEL NO. 1: The South half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT all oil, gas and other minerals as reserved in the patent to said land; AND EXCEPT that portion conveyed to the Flood Control District of Maricopa County in Final Order of Condemnation in CV2011-051891 recorded as 2012-0702325, of Official Records, described as follows: The North 110 feet of the South 165 feet of the South half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL NO. 2: The North half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT all oil, gas and other minerals as reserved in the patent to said land. Unofficial Document -3- PHX 330882066v1 Lireat American Title Agency WHEN RECORDED, RETURN TO: Kevin J. Morris, Esq. GREENBERG TRAURIG, LLP 2375 E. Camelback Road, Ste. 700 Phoenix, Arizona 85016 EXEMPT PURSUANT TO A.R.S. §11-1134(B)(1) Unofficial 20:Document PH] ho: Pk1)c ‘1 1 TRUSTEE'S DEED AND BILL OF SALE Kevin J. Morris, a Member of the State Bar of Arizona (hereinafter "Grantor"), as the duly appointed Trustee of the Deed of Trust hereinafter described, does, subject to the terms set forth below, hereby grant and convey, but without covenant, representation, or warranty, express or implied, to PHNX HOUSING SOLUTIONS II, LLC, an Arizona limited liability company whose address is 23233 N. Pima Rd., #113-240, Scottsdale, Arizona 85255 (hereinafter "Grantee"), the real and personal property, if any, situate in the County of Maricopa, State of Arizona, described as follows: SEE EXHIBIT "A" ATTACHED Trustee states that: This conveyance is made pursuant to the powers, including the power of sale, conferred upon Trustee by the Deed of Trust made by D & M Land Development, Inc., as Trustor, for the benefit of BMO Harris Bank N.A., as successor to M&I Marshall & Ilsley Bank, as Beneficiary, dated April 23, 2007, and recorded on April 23, 2007, as Instrument No. 2007-0470887, Official Records of Maricopa County, Arizona, (the "Deed of Trust"). Thereafter a Notice of Substitution of Trustee was recorded naming Kevin J. Morris as Successor Trustee, on March 5, 2013, at Instrument No. 2013-0204259, in the office of the County Recorder of said County and State. The Trustee has fulfilled the conditions specified in the Deed of Trust, and has complied with the laws of the State of Arizona authorizing this conveyance, including compliance with all requirements of law regarding recording the Notice of Trustee's Sale and Notice of Personal Property Sale and mailing, posting and publishing copies thereof, and regarding the Trustee's Sale and Personal Property Sale and all proceedings leading thereto. The property was sold by Trustee at public auction on August 28, 2013, at the place named in the Notice of Trustee's Sale and Personal Property Sale, in the County of Maricopa, State of Arizona, in which the property is situate. Grantee, being the highest bidder at the sale, became the purchaser of the property and made payment to the Trustee in the amount bid, namely $362,000.00. This conveyance is subject to verification that all sums paid by Grantee 330882066v1 Unofficial Document 20130830099 constitute valid, good, available funds. The successful bid amount did not satisfy all of the obligations and indebtedness evidenced or secured by the Deed of Trust, and the beneficiary under the Deed of Trust reserves all of its rights and claims against trustor and any other obligors. This conveyance is made subject to all taxes and assessments, easements, liabilities, obligations, encumbrances, covenants, conditions, restrictions, reservations, and liens of record and all matters that a complete and accurate survey and inspection of the property would disclose. The real and personal property, if any, is sold and transferred in its "AS IS" condition, with all faults and defects. IN WITNESS WHEREOF, Kevin J. Morris, a Member of the 1State Bar of Arizona, as Trustee, has duly executed this Trustee's Deed and Bill of Sale this 0-1 day of September, 2013. STATE OF ARIZONA ) ss. County of Maricopa The foregoing instrument was acknowledged before me this 67' 'day of September, 2013, by Kevin J. Morris, a Member of the State Bar of Arizona, as Trustee. My Commission Expires: Donna D. Bryant Notary Public Maricopa County, Arizona My Comm. Expires 02-19-17 -2- PHX 330882066v1 20130830099 EXHIBIT A PARCEL NO. 1: The South half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT all oil, gas and other minerals as reserved in the patent to said land; AND EXCEPT that portion conveyed to the Flood Control District of Maricopa County in Final Order of Condemnation in CV2011-051891 recorded as 2012-0702325, of Official Records, described as follows: The North 110 feet of the South 165 feet of the South half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL NO. 2: The North half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 4 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT all oil, gas and other minerals as reserved in the patent to said land. Unofficial Document -3- PHX 330882066v1 661 a.,,, Acting Chief, Patents Section. By 4-1222 (Aug. (Pr) Arizona =588 Xbe tiniteb tate of america, Xo all wham three prrsents shalt tome, 03recting: WHEREAS, a Certificate of the Land Office at phoenix, Arizona, has been issued showing that full payment has been made by the claimant Robert E. Ferrer 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. 4 11.0, R. 1 E., Sec. 8, N18I*645Ni 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, Lo be located along the north, east and vest boundaries or 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 EIGHTEENTH day of AUGUST in the year of [SEAL] our Lord one thousand nine hundred and sun and of the Independence of the United States the one hundred and EIGEtTT—PIRTE. For the Director, Bureau of Land Management. Patent Number 1211751 GP 0 886837 4-1222 (Aug. 19(7.") Arizona 011589 Int tiniteb tateE; of Zfinerica art all wham ttFese presents 'Omit come, Greeting: WHEREAS, a Certificate of the Land Office at Phoenix, Arizona, has been issued showing that full payment has been made by the claimant Virginia M. Paffer 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. 4 N., R. 1 E., Sec. 8, SilizieniteEk. 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, 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 EIGHTEENTH day of AUCIUST in the year of (SEAL) our Lord one thousand nine hundred and SIXTY and of the Independence of the United States the one hundred and EIGHTY-FIFTE. For the Director, Bureau of Land Management. Patent Number 1211752 By U4d4 (3.t.11(4.C,4 Acting Chief, Patents Section. GPO 866837