Action 14.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 01/07/2014
- Title:
- Release of Assurances for Parcel 104-27-200, Rio Crote Subdivision
- Submitted By:
- Keith Dennis, Community Development
- Department:
- Community Development
- Division:
- Planning & Zoning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
Keith Dennis
TITLE
of PRESENTER:
of PRESENTER:
Planner II
Docket Number (If applicable):
S-07-02
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Resolution 14-02 authorizing the release of parcel 104-27-200 from the Assurance Agreement of the Rio Corte Subdivision.
Background:
Background
This memo regards a Parcel located within the Rio Corte Estates Subdivision (Docket S-07-02), a 22-lot subdivision on 66 acres zoned RU-4 and located approximately 1.2 miles south of Hereford Road. The Board of Supervisors approved the final plat on October 16, 2007. A new Assurance Agreement reflecting new ownership was approved by the Board of Supervisors in January 2011 and is scheduled to expire on January 25, 2014.
Assurance Agreements are a contract between the Board of Supervisors and the Developer, and are used to guarantee that all required subdivision improvements will be constructed by the developer prior to the sale of any lots. These improvements include but are not limited to roadways, flood control, electrical, water, and sewer improvements. The Planning Director and the County Engineer are delegated by the Subdivision Regulations to release lots when improvements are complete.
However, in particular, this request regards the release of assurances for Parcel 104-27-200. This parcel was created and recorded in 2009 by the Cochise County Assessor, to correctly reflect the ownership through recorded documents. The creation of the new Parcel from what would have been Lot 14 and portions of Lots 1, 22, 15 and 13 constituted a major amendment to the recorded subdivision plat and resulted in a subdivision plat that no longer correctly reflects the ownership of the parcels it subdivided. Furthermore, because a lien had been placed on this four-acre parcel PRIOR to the recordation of the subdivision plat, the lien-holder was able to foreclose on this parcel. After a foreclosure auction by the lien-holder, a new owner was able to record new ownership, after which Pioneer Title released the assurances on this parcel; it now sits squarely over infrastructure begun by the original owner, including the entry roadways and some of the underground utilities. This situation remains: the bulk of the subdivision plat is held by Pioneer Title, while this four-acre parcel is now held by Residential Recovery Capital Holdings #2. The new owner has requested that the BOS formally release the assurance agreement for this four-acre parcel. Staff concurs with this action and recognizes that at some point the subdivision plat will need to be formally abandoned. A Resolution is attached for the Chair's signature should the Board approve this action.
This memo regards a Parcel located within the Rio Corte Estates Subdivision (Docket S-07-02), a 22-lot subdivision on 66 acres zoned RU-4 and located approximately 1.2 miles south of Hereford Road. The Board of Supervisors approved the final plat on October 16, 2007. A new Assurance Agreement reflecting new ownership was approved by the Board of Supervisors in January 2011 and is scheduled to expire on January 25, 2014.
Assurance Agreements are a contract between the Board of Supervisors and the Developer, and are used to guarantee that all required subdivision improvements will be constructed by the developer prior to the sale of any lots. These improvements include but are not limited to roadways, flood control, electrical, water, and sewer improvements. The Planning Director and the County Engineer are delegated by the Subdivision Regulations to release lots when improvements are complete.
However, in particular, this request regards the release of assurances for Parcel 104-27-200. This parcel was created and recorded in 2009 by the Cochise County Assessor, to correctly reflect the ownership through recorded documents. The creation of the new Parcel from what would have been Lot 14 and portions of Lots 1, 22, 15 and 13 constituted a major amendment to the recorded subdivision plat and resulted in a subdivision plat that no longer correctly reflects the ownership of the parcels it subdivided. Furthermore, because a lien had been placed on this four-acre parcel PRIOR to the recordation of the subdivision plat, the lien-holder was able to foreclose on this parcel. After a foreclosure auction by the lien-holder, a new owner was able to record new ownership, after which Pioneer Title released the assurances on this parcel; it now sits squarely over infrastructure begun by the original owner, including the entry roadways and some of the underground utilities. This situation remains: the bulk of the subdivision plat is held by Pioneer Title, while this four-acre parcel is now held by Residential Recovery Capital Holdings #2. The new owner has requested that the BOS formally release the assurance agreement for this four-acre parcel. Staff concurs with this action and recognizes that at some point the subdivision plat will need to be formally abandoned. A Resolution is attached for the Chair's signature should the Board approve this action.
Department's Next Steps (if approved):
Recorded Resolution authorizing the release of this parcel will be sent to the Owner.
Impact of NOT Approving/Alternatives:
If the Board does not approve the request, the parcel will remain encumbered by the Rio Corte assurance agreement.
To BOS Staff: Document Disposition/Follow-Up:
After the Chair signs the Resolution, and staff has recorded it, the original or a copy will be sent to the Community Development Staff.