Adopt Resolution 15-22  authorizing the abandonment of the dedicated public rights-of-way adjacent to the Brian A. Terry Border Patrol Station in Bisbee.

Received initial application from United States Customs and Border Security on October 22, 2010, closed file on July 20, 2011 due to lack of funds. We then received a new application on July 27, 2012 with check #1111 for $375.00 for the application processing and the administrative action fee. Abandonment had since been on hold due to lack of funds from the applicant.

Property was dedicated to Cochise County March 25, 1977 Docket 1144, pages 121 through 136. Dedication is not currently used as a county maintained road or as a road in general. It is not used as sole legal access to APN 102-36-011, which is also owned by US Border Patrol and is an extension of the facilities located on subject parcel 102-39-190. The west side abandonment would facilitate connecting two parcels. Adjoining parcel owners have been contacted and have made no objections to the abandonment. The Transportation Planner approves of the abandonment as the requested roadway segment would likely not adversely impact the future transportation network in this area. There is no objection to granting the request abandonment as long as utility access is preserved.

Utilities companies have approved the proposed abandonment; however Arizona Public Service has requested the verbiage be added to the Resolution that Arizona Public Service Corporation has an existing public utility within said right-of-way. This has been added to the resolution.
Land Purchase Fee is determined per square foot per Assessor Land Valuation Map 102-39.  The proposed abandonment size is 27,424.90 square feet.  The amount per square foot is $0.25 which is equal to $6,856.23. Discount for degree of fragmentation/marketability is 50%. The total of the Land Purchase Fee is $3,428.11, rounded to $3,400.00.

It is our recommendation that the Land Purchase Fee be vacated. It is within the powers appointed to the Board per ARS 28-7208, for consideration of the public benefit to waive the land purchase fee for said abandonment. The public right-of-way is situated within the secured, fenced area of the Border Patrol compound, whose proximity to the United States/Mexico border ensures a vital role in the support of national security. In the 2008 abandonment of Camp Newell, the Land Purchase Fee was waived due to the public benefit of enabling the preservation of the historic site and eliminating potential liability for certain hazardous structures.
 
Inasmuch as there are no objections, the public right-of-way is unnecessary, this department recommends full abandonment.

If the abandonment is approved, no further Board action is required.  Upon recording of the resolution and quit claim deed, staff will forward copies to the applicant.

If the abandonment is not approved, rights-of-way, which are unnecessary for public road purposes, will remain public.