Action 21.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 11/18/2014
- Title:
- Purchase of Right of Way for Ghost Town Trail
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- County Attorney
Presentation:
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
TITLE
of PRESENTER:
of PRESENTER:
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Information
Agenda Item Text:
Approve the acquisition of a portion of a tax deed parcel for right of way for Ghost Town Trail
Background:
Parcel #114-26-198C is a 5.44 acre parcel that is held by the State under tax deed. A portion of that parcel transects Ghost Town Trail, a County maintained road. In addition, an additional portion of Ghost Town Trail would be useful for a possible future realignment of the intersection of Ghost Town Trail with State Highway 191. The Highways division of Community Development believes it would be useful to acquire those portions of the tax deed parcel, consisting of approximately 2 acres, valued at $3,040 based on assessed value. The statutes governing tax deeds permits "the board of supervisors may accept an offer from, and sell real property held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to transportation or flood control."
However, the County Attorney has advised that it would be inappropriate for the County to pay for the portions that are currently part of the Ghost Town Trail alignment, as they would have no use or value to any purchaser at a tax deed auction and, in addition, the current alignment meets criteria for an RS 2477 designation; instead, the County should pay only for the portion that might be used for a future realignment, which is valued at $1,344.
The director of Highways does not want to purchase the remaining three acres of the tax parcel because they have no value to the County and would cost an additional $5,664 based on assessed value. It is recommended that the County deed the portion of the parcel that is useful to the County as right-of-way to the County, paying $1,344. The remaining three acres can be auctioned at a regular tax deed auction. Although only three acres, the County's zoning regulations (see below) allow the right-of-way to be included in calculating the minimum site area, so the three acre parcel would be buildable.
A map of the parcel, including the current and possible future alignment, is attached to this agenda item. Also attached is the calculation of values for the several portions of the parcel, along with a draft deed including the legal description of the portion of the parcel to be acquired.
However, the County Attorney has advised that it would be inappropriate for the County to pay for the portions that are currently part of the Ghost Town Trail alignment, as they would have no use or value to any purchaser at a tax deed auction and, in addition, the current alignment meets criteria for an RS 2477 designation; instead, the County should pay only for the portion that might be used for a future realignment, which is valued at $1,344.
The director of Highways does not want to purchase the remaining three acres of the tax parcel because they have no value to the County and would cost an additional $5,664 based on assessed value. It is recommended that the County deed the portion of the parcel that is useful to the County as right-of-way to the County, paying $1,344. The remaining three acres can be auctioned at a regular tax deed auction. Although only three acres, the County's zoning regulations (see below) allow the right-of-way to be included in calculating the minimum site area, so the three acre parcel would be buildable.
A map of the parcel, including the current and possible future alignment, is attached to this agenda item. Also attached is the calculation of values for the several portions of the parcel, along with a draft deed including the legal description of the portion of the parcel to be acquired.
Site Area, Minimum - The minimum area of a site upon which a specific use(s) may be permitted. Easements may be included in the calculation of the minimum site area. Property that is transferred in fee simple to the public or to the County, as necessary to perfect adequate right-of-way for those roadways depicted on the Cochise County Maintained Road System Map, may also be included in the calculation of the minimum site area. A permit may be issued if the minimum site area deficiency can be attributed to surveyor error as denoted in the table below.
Department's Next Steps (if approved):
Execute the deed and auction the remaining three acre parcel.
Impact of NOT Approving/Alternatives:
The County will not perfect right-of-way for a portion of Ghost Town Trail and will not acquire property that is necessary for a possible future realignment of Ghost Town Trail.
To BOS Staff: Document Disposition/Follow-Up:
Have the Board Chair execute the deed, then record it and forward a copy of the recorded deed to Highways and the County Attorney
Fiscal Impact
- Fiscal Year:
- 2014-15
- One-time Fixed Costs? ($$$):
- 1,344
- Ongoing Costs? ($$$):
- 0
- County Match Required? ($$$):
- 0
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- 0
- Source of Funding?:
- HURF
Fiscal Impact & Funding Sources (if known):
HURF