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Consent   4.
Regular Board of Supervisors Meeting
Community Development
Meeting Date:
10/08/2013
Abandonment of a portion of Thomas Lane
Submitted By:
Frances Marinez, Community Development
Department:
Community Development
Division:
Right of Way
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
1
NAME
of PRESENTER:
Karen Riggs
TITLE
of PRESENTER:
Director
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
ARS 28-7201 thru 28-7215

Information

Agenda Item Text:

Adopt Resolution 13-31 abandoning the public right-of-way in the St. David area as described therein.

Background:

Janice and Larry Merrill, the owners of APN 120-19-024 & 001H, requested a abandonment for the west portion of Thomas Lane. The applicants own parcels on the north side and south side of the proposed abandonment. By abandoning a portion of Thomas Lane, the property owners will combine their parcels. By doing so they will be able to meet the setback requirements from Planning and Zoning, therefore the applicants will able to construct a shed on their parcels.
There was a delay in processing the proposed abandonment. Two utilities originally objected to the abandonment. Sulphur Springs Valley Electric Co-Op does have facilities in the abandonment area. An easement was agreed upon, and it was recorded prior to the Board of Supervisor meeting. Southwest Gas Corporation requested verbiage added to the resolution adding "a perpetual easement is reserved to Southwest Gas Corporation over the area of abandonment". This has been added to the resolution. Both utilities now approve of the proposed abandonment.
A review of the criteria for the abandonment was conducted as follows:
• Thomas Lane is not on a section or mid-section line and does not provide sole legal access to any current parcel except the parcels owned by the applicant.
• The Transportation Planner had no objections to the abandonment and her comments are attached.
• Current access for the neighbors is not part of the abandonment action.

Inasmuch as there are no objections, the public right-of-way is unnecessary, this department recommends full abandonment.

Department's Next Steps (if approved):

If abandoned, and once abandonment documents have been executed, no further Board action is required.

Impact of NOT Approving/Alternatives:

If abandonment is not approved, the entire Thomas Lane will remain a public right-of-way. The applicants will not be able to combine their parcels and the required setbacks for the building will not be met.

To BOS Staff: Document Disposition/Follow-Up:

Please return a copy of the recorded documents to H&F, attn: Pam Hudgins.

Attachments