2023-04-17_1-PAB-0222-APPLICATION.PDF

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
2901 W. Durango Street Phoenix, AZ 85009
Phone: (602) 506-4889

PATENT EASEMENT ABANDONMENT APPLICATION
Note: Completed forms may be submitted to MCDOTPlaaning@Maricope,qov or mailed to the MCDOT office.
Incomplete applications may result in delay of review.
. Contact Information

Applicant Name: C ater Cl [beet PAB Number: O2Z2A —_
Mailing Address: 2Y@/G AL 7 4MHace —
cy: coedale state: ft zip: BEALS
Phone (YBO)-3YD - 3Obl — Emait:_C.a ter ¢ e. atn training COM
PA REerLn ee) RS Parcel Detail

Assessor's Parcel Number: 2/0. - L3_-_O8 YB
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)

Zon west Quarte Kole Koad Lhoeu'y AEGON

2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-0§7A) ee
A bandon i ome Gast 23! excwt the South AS ¥ ee e Now fen
f ra d ie fe vt tong : 13° OSYA

3. Applicant is REQUARED 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.

L, Cathet Gileery attest that I own the subject property and that it is nol encumbered by

mortgage or deed of trust. ev emeu\ 2/ Yesz>,
Subscribed and sworn to before me this My Commission Expires: [0 of “yY AEN ip We Choe > Nave
: von ey ee eee eee end ey =
va Vr MARSHALL SHELTON SH Rleare
jay of Deconlve 20 . Notary Public Anzona PS oy iy
4 Mancopa County gi“o -V>
> 4q My Comnussion Expires
fotary PUblic q October 8. 2026 §
Q : akin Signature Commission # 635159

Signature of Applicant Date

Maricopa County Use Only

Application Fee*: $1,600 |

Check #: 2509 | easy a Jotal Received: { 250% yo Date: Lid fe __ Reed By: mas |

»

+ Application Fee will be $1,350 ($1,600 less $250) if Initial Determination letter is provided; demonsuiating ait 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,

- P.O. BOX 2331 > SANDY, UT B4091 P 1-800-748-4302 > WV.MACU.COM
MOUNTAIN AMERICA _ - a 7 - : . :

CREDIT UNION

January 31*, 2023

Maricopa County Department of Transportation,

Our member, Carter Gilbert, has contacted us, Mountain America Credit Union, regarding a Patent
Easement Abandonment Application that they are submitting.

The property in question is located at 300 W Quartz Rock Rd Phoenix, AZ 85085 and Mountain America
Credit Union does have a lien on this property, a First Mortgage. We have seen the request that will be
submitted to the County and we approve of the application request to “abandon the East 33’ except the
South 25’, and the North 8’ of the South 33’ of the Patent Easement of APN 210-13-034B .”

As this request remains the same, we approve of the submission of the Patent Easement Abandonment

Application,

ZLEEGEn
oe 2a
Signature

Alan B, Sovgensen

Printed Name

Serutcng Monoaer
wy, J

Title

Federally insured by NCUA. Mountain America Federal Crodil Union does business as (dba) Mountain America Credit Union.

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
2022-0888990 12/13/22 03:00
PAPER RECORDING

When Recorded Return To:

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Carter Gilbert ]
24816 North 76" Place {
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Scottsdale, AZ 85255 1228458-1-1-1

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SPACE ABOVE THIS LINE FOR RECORDEK'S USE
EXCLUSIVE INGRESS / EGRESS EASEMENT

CARTER GILBERT, a married man, as his sole and separate property (“Grantor”), is the owner of the following
described real property located in Maricopa County, Arizona also known as Maricopa County Assessors Parcel Number
210-13-034B8 (“Grantor's Property”):

THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA; EXCEPT THE WEST 155.00 FEET; AND EXCEPT ALL GAS, OIL AND OTHER MINERAL DEPOSITS, AS
RESERVED IN THE RECORDED PATENT OF SAID LAND.

“Grantee Property” is hereinafter the real property located in Maricopa County, Arizona known as Maricopa
County Assessor's Parcel Numbers 210-13-030 and 210-13-042,

Grantor, for and in consideration of One Dollar ($1.00) and other vatuable consideration, the receipt of which
is hereby acknowledged, does hereby grant to the owner(s) of the Grantee Property (“Grantee”) an exclusive right to
traverse the following portion of Grantor's Property exclusively for the purpose of ingress to and egress from the
Grantee Property (hereinafter called the “Easement Area”):

COMMENCING AT THE NORTHEAST CORNER OF GRANTOR’S PROPERTY; THENCE WEST ALONG THE NORTH PROPERTY
LINE TO THE POINT THAT IS 20.00 FEET WEST OF THE NORTHEAST CORNER; THENCE SOUTH/SOUTHEAST TO THE POINT
THAT IS 10.00 FEET WEST OF THE EAST PROPERTY LINE WHILE BEING PERPENDICULAR TO THE POINT ON THE EAST
PROPERTY LINE THAT {S 95.00 FEET SOUTH OF THE NORTHEAST CORNER; THENCE SOUTH TO THE POINT ON THE SOUTH
PROPERTY LINE THAT IS 10.00 FEET WEST OF THE SOUTHEAST CORNER; THENCE EAST 10.00 FEET ALONG THE SOUTH
PROPERTY LINE TO THE SOUTHEAST CORNER; THENCE NORTH TO THE POINT OF BEGINNING.

Grantee shall not in any way aiter, change, darnage, improve or maintain the Easement Area without the prior
express written consent of Grantor, The easement granted herein may be abandoned only upon recordation of a
formal instrument abandoning the easement executed by Grantee. The covenants and provisions herein set forth shail
extend and inure in favor and to the benefit of, and shall be binding on the heirs, administrators, executors, successors
in ownership and estate, assigns and lessees of Grantor and Grantee.

GRANTOR:
Cz (eZ JIAHUA WU
Carter Gilbert Notary Public - Arizona
Maricopa County
< Commission # 583285
My Commission Expires June 14, 2024
STATE OF ARIZONA ‘)
)ss.

County of Maricopa )

SUBSCRIBED AND SWORN to before me this } j day of December 2022 by Carter Gilbert,

a
Notary Public

My Commission Expires: Jhb LY Por

OFFICIAL RECORDS OF

MARICOPA COUNTY RECORDER

STEPHEN RICHER
20220867666 12/01/2022
ELECTRONIC RECORDING

NW SEC 5 T4N R3E

33.722085, -112.079462 20221201010RG-5-1-1--
APN 210-13-034B yorkm

JIRG

UTILITY EASEMENT

CARTER GILBERT, a married man, as his sole and separate property (hereinafter called
“Grantor”), is the owner of the following described real property located in Maricopa County, Arizona
(hereinafter called “Grantor’s Property”):

SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF

Grantor, for and in consideration of One Dollar ($1.00) and other valuable consideration, receipt of
which is hereby acknowledged, does hereby grant and convey to ARIZONA PUBLIC SERVICE
COMPANY, an Arizona corporation, (hereinafter called “Grantee”), and to its successors and assigns, a
non-exclusive right, privilege, and easement at locations and elevations, in, upon, over, under, through and
across, a portion of Grantor’s Property described as follows (herein called the “Easement Premises”):

SEE EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF

Grantee is hereby granted the right within the Easement Premises to: construct, reconstruct, replace,
repair, operate and maintain electrical lines, together with appurtenant facilities and fixtures for use in
connection therewith, for the transmission and distribution of electricity to, through, across, and beyond
Grantor's Property; install, operate and maintain telecommunication wires, cables, conduits, fixtures and
facilities incidental to supplying electricity or for Grantee's own use (said electrical and telecommunication
lines, facilities and fixtures collectively herein called "Grantee Facilities"); utilize the Easement Premises for
all other purposes connected therewith; and permit the installation of the wires, fixtures, conduits, or cables
of any other company.

Grantee is hereby granted the right, but not the obligation, to trim, prune, cut, and clear away trees,
brush, shrubs, or other vegetation on, or adjacent to, the Easement Premises whenever in Grantee’s
judgment the same shall be necessary for the convenient and safe exercise of the rights herein granted.

Grantee shall at all times have the right of full and free ingress and egress to and along the Easement
Premises for the purposes herein specified.

Page | of 5

01:12

20220867666

Grantor shall maintain clear areas that extend: 1) 3 feet from and around all edges of all switching
cabinet pads and 2 feet from and around all edges of all transformer pads and other equipment pads, and 2) a
clear operational area that extends 10 feet immediately in front of all transformer, switching cabinet and
other equipment openings, and 3) a 6 feet by 6 feet hot-stick operating area off the front left corner of all
transformers. No obstructions, trees, shrubs, large landscape rocks, fences, fixtures, or permanent structures
shall be placed by Grantor within said clear areas; nor shall Grantor install landscape irrigation or sprinkler
systems within said clear areas. Landscape irrigation or sprinkler systems installed adjacent to the clear
areas shall be installed and maintained so that the transformers, switching cabinets or any other equipment
do not get wet by spray or irrigation.

Grantor shall not locate, erect or construct, or permit to be located, erected or constructed, any
building or other structure or drill any well within the limits of the Easement Premises; nor shall Grantor
plant or permit to be planted any trees within the limits of the Easement Premises without the prior written
consent of Grantee. However, Grantor reserves the right to use the Easement Premises for purposes that are
not inconsistent with Grantee’s easement rights herein conveyed and which do not interfere with or
endanger any of the Grantee Facilities, including, without limitation, granting others the right to use all or
portions of the Easement Premises for utility or roadway purposes and constructing improvements within
the Easement Premises such as paving, sidewalks, landscaping, and curbing. Notwithstanding the
foregoing, Grantor shall not have the right to lower by more than one foot or raise by more than two feet the
surface grade of the Easement Premises, and in no event shall a change in the grade compromise Grantee's
minimum cover requirements or interfere with Grantee's operation, maintenance or repair.

By accepting and utilizing this easement, Grantee agrees that following any installation, excavation,
maintenance, repair, or other work by Grantee within the Easement Premises, the affected area will be
restored by Grantee to as close to original condition as is reasonably practicable, at the expense of Grantee;
and that Grantee shall indemnify Grantor, to the extent required by law, for any loss, cost or damage
incurred by Grantor as a result of any negligent installation, excavation, maintenance, repair or other work
performed by Grantee within the Easement Premises.

The easement granted herein shall not be deemed abandoned except upon Grantee’s execution and
recording of a formal instrument abandoning the easement.

The covenants and provisions herein set forth shall extend and inure in favor and to the benefit of,

and shail be binding on the heirs, administrators, executors, successors in ownership and estate, assigns and
lessees of Grantor and Grantee.

Page 2 of 5

20220867666

IN WITNESS WHEREOF, CARTER GILBERT, a married man, as his sole and separate property,
has caused this Utility Easement to be executed this {2 day of _Novewber » 2023.

CARTER GILBERT

Signature

STATE OF fry ZO }

; . } ss,
County of Win eon }

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‘This instrument was acknowledged before me this _[ fP day of M bvtm ben

2

20 22by Carter Gilbert.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

Notary Seal: ee a ne [?

fotary Public Signature

SARA E CRISCIONE
Notary Publle - Arizona
Maricopa County
Commission # 577109
My Gommission Expires April 9, 2024

Page 3 of 5

20220867666

EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
AS RECORDED IN INSTRUMENT NUMBER 2021-0628176, MARICOPA COUNTY RECORDER

The Southeast quarter of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section
5, Township 4 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona;

EXCEPT the West 155 feet; and

EXCEPT all gas, oil and other mineral deposits, as reserved in the recorded Patent of said land.

Page 4 of 5

20220867666
EXHIBIT "B"

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08? TORWONDIS DATE, /14/ 2002
TEGEND Ww Ve Se Ob TOW ROE
EASEMENT AREA © PROPERTY CORNER SEALE Peal [oe
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Page 5 of 5

Maricopa County Department of Transportation
2901 W. Durango Street, Phoenix, AZ 85009

Receipt
Payer Name: Receipt #:
IPSO LLC Payment Date:
11424 E SAND HILLS RD Receipt Type:
SCOTTDALE, Arizona 85225 Reference #:
‘Description Payment Type
PATENT EASEMENT ABANDONMENT APPLICATION // CARTER Check
GILBERT

101273

2/14/2023

Patent Easements

APN 210-13-034B // PAB 0222

Transaction # Amount
3863 $1,350.00

Total: $1,350.00