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Consent 5.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 11/15/2011
Title:: An abandonment to resolve a title issue for the Renaud Store in Pearce
Submitted By:: Terry Couchenour, 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:

NAME
of PRESENTER:

Carlos De La Torre

TITLE
of PRESENTER:

Director

Mandated Function?:

Federal or State Mandate

Source of Mandate
or Basis for Support?:

ARS 28-7201 thru 7215

Docket Number (If applicable):

Agenda Item Text:

Adopt Resolution 11-50 authorizing the abandonment of public rights-of-way within the Pearce Townsite.

Background:

In 2008 the County went through an extensive process to clear many title issues within the townsite of Pearce including a public auction to place certain unsold properties back on the tax rolls. The proceeds from the auction are required to be used on behalf of the residents of Pearce and a portion of these proceeds were determined to be used to resolve title/right-of-way abandonment issue for the Renaud Store. The issue regarding the Store is that a portion of the building lies within the rights-of-way for both Pearce Road and Ghost Town Trail; however the structure pre-dates the dedication of the rights-of-way.

Below is a brief timeline of the Store and rights-of-way:
1896 – The store is opened as the Soto Bros & Renaud Store.
1906 – A deed is recorded to transfer the store from the Soto family to Renaud.
1910 – The townsite of Pearce is surveyed and an initial plat is recorded identifying townsite lots and rights-of-way.
1911 – A patent is issued from the federal government to the Probate Judge of Cochise County so that the Judge could transfer occupied lots and sell unoccupied lots.
1911 – A deed is recorded from the Judge to Renaud.

The area occupied by the building is 8.35 feet within Pearce Road and 4.72 feet within Ghost Town Trail. If abandoned the remaining right-of-way width would be approximately 90 feet for Pearce Road and 95 feet for Ghost Town Trail. Area operating utility companies were contacted and no objections were received.

A Land Purchase Fee is required for a fee-interest right-of-way abandonment. However this issue is resolving a title issue for both the owners, Michael and Patricia Burris of the Renaud Store, and the public right-of-way which is a benefit to the public. In 1910 the County Probate Judge should not have dedicated rights-of-way to the public that had been occupied for at least 15 years by the private store. The Land Purchase Fee for the 0.03 acre area is $100 and the benefits received for clearing this title issue equal the cost of the Fee.

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 the abandonment is not approved, a title issue will remain for both the owners of the Renaud Store and the public right-of-way.

To BOS Staff: Document Disposition/Follow-Up:

Please put the Resolution number on the Quit Claim Deed and record as two separate documents. Please return a copy of the recorded documents to H&F, attn: Right-of-Way Division

Fiscal Impact

Fiscal Year:
One-time Fixed Costs? ($$$):
Ongoing Costs? ($$$):
County Match Required? ($$$):
A-87 Overhead Amt? (Co. Cost Allocation $$$):
Source of Funding?:

Fiscal Impact & Funding Sources (if known):

N/A

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