PAB-0102 INITIAL DETERMINATION APPLICATION.PDF
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SigniaturiorApillicant 181 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: Mark Elsholz By Mailing Address: 115 Grove Avenue City: Prescott State: AZ Zip: 86301 Phone (928 ) - 445 - 1856 Email: dezarai@olearyeaton.com Parcel Detail Assessor's Parcel Number: 216 _ 67 _ 0438 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) No physical address currently 2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-067A) Abandond easement bordering the East side of Parcle 216-67-043B 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. Signature 2/27/19 Date Maricopa County Use Only PAB Number: Initial Determination Fee*: $250.00 t Check #: Total Received: Date: 4-C11—tcbelRec'd By: 11143k., cif) * The Initial Determination fee is NOT refundable. Make checks payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009. O'LEARY EATON, P.L.L.C. WILLIAM J. O'LEARY, P.C. Attorney At Law billkolearyeaton.com 928-4•5-185G ext. UM U jL OR 0 6 2019 *A Professional Corporation February 28, 2019 Maricopa County Department of Transportation 2901 W. Durango Street Phoenix, AZ 85009 RE: Patent Easement Abandonment Initial Determination Dear Mark: Enclosed is the form and $250.00 payment for Mark Elsholz. Sincerely yours, -Sharon McComack Legal Assistant to Mr. William J. O'Leary Ends. 115 Grove Avenue Prescott, Arizona 86301 Phone: (928) 445-1856 Fax: (928) 445-1782 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 2901 WEST DURANGO STREET PHOENIX, ARIZONA 85009 Permitting Section RECEIPT Receipt No. Payer Name Date: PS 2019 4378 O'LEARY EATON PLLC 3/7/2019 Address 115 GROVE AVE City PRESCOTT Cash State AZ Zip 86301 Receipt By AMR Crd !Credit Trans.Act.No Comments: Chk ChkNa PAB INITIAL DETERMINATION // ABANDON EASEMENT BORDERING THE EAST SIDE OF PARCEL 216- 67-043B Description APN: 216-67-043B TOTAL IZI 4902 MO MONo Amount $250.00 $0.00 $0.00 $0.00 $0.00 $4.00 $250.00 Phone No. (602) 506-8609 Fax No. (602) 506-4009 wwww.mcdot.maricopa.gov Unofficial 2 Document When recorded mail to Mark Elsholz G 91 Yo SPACE ABOVE THIS LINE FOR RECORDER'S USE NO TRANSFER FEE NECESSARY - EXEMPT UNDER ARS 11-1134 .1 WARRANTY DEED NOT For the consideration of Ten Dollars, and other valuable consideration, I or we, JNGT Investments L.L.C., An Arizona Limited Liability Company do/does hereby convey to Mark A. Elsholz and Jeanie E. Elsholz, husband and wife 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. SEE PAGE TWO FOR SIGNATURES AND NOTARY ACKNOWLEDGEMENT K. CF. F Sta: . 17,0PA COUNT': nrison Ex Unofficial Document 10, 2019 20190082884 The Grantor warrants the title against all persons whomsoever. DATED: January 21, 2019 By: Thomas Taranto. as OT -ermanager/ ember State of Arizona 1 ss. County of Maricopa 1 The foregoing instrument was acknowledged before me this c23 day of January, 2019, by Thomas Taranto, manager/member on behalf of JNGT Investments L zona limited liability company. OTA ., • 7, I to Oy commission expires: 0 -07.0/9 riz Dna Unofficial Document 20190082884 ACCEPTANCE OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP (Deed) Mark A. Elsholz and Jeanie E. Elsholz, husband and wife, each being first duly sworn upon oath each for himself or herself and jointly but not one for the other deposes and says: THAT I am one of the Grantees named in that certain Deed attached hereto and which is dated January 21, 2019 and executed by MGT Inveetries L.L.C., an Arizona limited liability con . ..7any, as Grantors, to Mark A. Elsholz and Jeanie E. Elsholz, husband and wife, as Grantees, and which conveys certain premises described as: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF to the Grantees named therein, not as Tenants in Common nor as a Community Property Estate nor as Joint Tenants with Right of Survivorship, but as Community Property with Right of Survivorship. THAT each of us individually and jointly as Grantees hereby assert and affirm that it is our intention to accept said conveyance as Community Property with Right of Survivorship and to acquire any interest we may have in said premises under the terms of said Deed as Community Property with Right of Survivorship. DATED: January 21, 2019 Jeanie E. Elsholz State of Arizona SIGNED IN 1\ ff0 RIART -k A. Elsholz 1 ss. County of 1,-k ( 1/1 ( The foregoing instrument was acknowledged before me this 9.2 day of January, 2019, by Jeanie E. Elsholz. NOTARY PUBLIG----7 My commission expires: 1240S- I TO Zo OFFICIAL SEAL S. ATARY ' - - OF 'T'AVArtki CVuiv y Comm Expires October SI, 2320 71, NOTARY-PUBLIC My commission expires: 20190082884 ACCEPTANCE OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP (Deed) Mark A. Elsholz and Jeanie E. Elsholz, husband and wife, each being first duly sworn upon oath each for himself or herself and jointly but not one for the other deposes and says: THAT I am one of the Grantees named in that certain Deed attached hereto and which is dated January 21, 2019 and executed by MGT Investments L.L.C., an Arizona limited liability company, as Grantors, to Mark A. Elsholz and Jeanie E. Elsholz, husband and wife, as Grantees, and which conveys certain premises described as: to the Grantees named therein, not as Tenants in Common nor as a Community Property Estate nor as Joint Tenants with Right of Survivorship, but as Community Property with Right of Survivorship. THAT each of us individually and jointly as Grantees hereby assert and affirm that it is our intention to accept said conveyance as Community Property with Right of Survivorship and to acquire any interest we may have in said premises under the terms of said Deed as Community Property with Right of Survivorship. DATED: January 21, 2019 SEW :ED IN Unofficial Document CO 7PART Mark A. Elsholz State of Arizona ss. County of The foregoing instrument was acknowledged before me this LI day of January, 2019, by Mark A. Elsholz. 20190082884 EXHIBIT A LEGAL DESCRIPTION The land referenced to herein below is situated in the county of MARICOPA, State of Arizona, and is described as follows: The East 181.5 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 5 North, Range 4 East of the Gila and Sale River Base and Meridian, Maricopa County, Arizona. Unofficial Document 20190082884 COURTESY RECORDING INSTRUCTIONS inc. is hereby handed the following document(s): You are hereby authorized and instructed as a courtesy to deliver for recording to the Maricopa County Recorder's Office said document(s), with these instructions to be attached to and recorded as a part of the first mentioned document. The undersigned understands and acknowledges that Yavagai - Agency, Inc. is acting in the capacity of messenger only, without consideration, and is not responsible for the correctness of the form, content or execution of any of the document(s) and that Yavapai Title Agency, Inc. is hereby released of any and all liability in connection with the same. Further, the undersigned understands and acknowledges that Yavapai Tide T.ric. assumes no responsibility or liability due to any delay in recordation of said document(s). The undersigned states that the real property affected by the document(s) is not involved in an open escrow, title insurance or other transaction pending with any office of Yavapai Title Agency, Inc. or any other title company. It is further understood and acknowledged that there shall be no liability and/or responsibility for a payment of any consideration by Yavapai Title cy, .c, to any party as this service is performed as a courtesy only. The undersigned understands and acknowledges that at the time of recordation, the documents will not be insured by Yavapai Title Agency, Inc. Unofficial Document Dated: January 28, 2019 SIGNATURES (Ail parties to document(s) must sign): 3NGT Investments L.L.C., Arizona Limite -- - Party rsisakir;g Address: -3G:NET) IN COUNTERPAET COUNTERFAnT - Party to Document - Party to Document %.Z f, I c. office forwarding document(s) to recording desk: Office Name: By: Courtesy Recording Instructions Marl- - Party to Document - Party to Documen Yavapai Title Agency, Inc. office forwarding document(s) to recording desk: Office Name: Junction By: A:ex Rowe for Sarah Whitten 20190082884 COURTESY RECORDING INSTRUCTIONS Yavapai Title Agency, Inc. is hereby handed the following document(s): Warranty Deed You are hereby authorized and instructed as a courtesy to deliver for recording to the Maricopa County Recorder's Office said document(s), with these instructions to be attached to and recorded as a part of the first mentioned document. The undersigned understands and acknowledges that Yavapai Title Agency, Inc. is acting in the capacity of messenger only, without consideration, and is not responsible for the correctness of the form, content or execution of any of the document(s) and that Yavapai Title Agency, Inc. is hereby released of any and all liability in connection with the same. Further, the undersigned understands and acknowledges that Yavapai Title Agency, Inc. assumes no responsibility or liability due to any delay in recordation of said document(s). The undersigned states that the real property affected by the document(s) is not involved in an open escrow, title insurance or other transaction pending with any office of Yavapai Title Agency, Inc. or any other title company. It is further understood and acknowledged that there shall be no liability and/or responsibility for a payment of any consideration by Yavapai Title Agency, Inc. to any party as this service is performed as a courtesy only. The undersigned understands and acknowledges that at the time of recordation, the documents will not be insured by Yavapai Title Agency, Inc. 1111fIF 11(oIlinn,L Dated: January 28, 2019 SIGNATURES (All parties to document(s) must sign): MGT Investments L.L.C., An 1,:lzona Limited Liability Company 24ED IN mer Ty: Thomas, anto, as owner/man,: -v./member - Party Making Delivery Address: P.O. ox 12078 Glendale, AZ 85318 Courtesy Recording Instructions 4-1222 (Aug. 1956) Arizona 012379 Xbe Elititeb tato of Rtnerica, 01a all ailyam tljese presents )311tt1l tome, Greeting: WHEREAS, a Certificate of the Land Office at Phoenix, Arizona, has been issued showing that full payment has been made by the claimant Charles S. Stoat, 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 aufl Salt EttIntr Maridisa, Arizona. T. 5 N., R. See. 22, 11110141150114. The area described contains 2.50 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 re served 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 coal, 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 alms the north aad east boundaries of said land. [SEAL] 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 EULIZITICUINI day of =MOW in the year of our Lord one thousand nine hundred and nprr-gomm and of the Independence of the United States the one hundred and RIMY-SWORD. For the Director, Bureau of Land Management. Act int/ Chief, Patents Section. Patent Number 1 1 75 1 05 By O. S. GOVERNMENT PRINTING OFFICE 16-08704-4