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Consent 3.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 01/25/2011
Title:: Correcting Willcox Road easement near Whetstone
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:

N/A

TITLE
of PRESENTER:

N/A

Docket Number (If applicable):

Mandated Function?:

Not Mandated

Source of Mandate
or Basis for Support?:

Agenda Item Text:

Adopt Resolution 11-2, authorizing the abandonment of an undefined easement and acceptance of a defined grant of public easement for the purpose of correcting the easement for the County maintained road, known as Willcox Road, located near Whetstone.

Background:

Allen J. McCarty, Jr., owner of APN 106-34-001, contacted the Highway Department in order to clear up a title issue dealing with a public easement granted by his parents across his property. In 1989, Allen J. McCarty and Joetta K. McCarty granted an easement to the public recorded as document 890815918 and 900509102. Unfortunately the legal description for the easement defined his entire parcel with a caveat that the intent of the document was to convey an easement for the existing road only. Further the easement did not contain a description for the existing road or a width for the public right-of-way. The effect of the easement may be that there is a cloud over the entire parcel and the public easement may be disputed in the future due to the fact that the 1989 road width and alignment are unknown.

Recently, Mr. McCarty hired Donald Loose, R.L.S. to perform a survey of his parcel and the centerline of the public road. The survey was reviewed by the county surveyor and found acceptable. Staff consulted with the attorney’s office and it was determined that rather than re-recording the original grant of easement, that it would be preferable to cancel the old easement and accept a new grant of easement. This is due to the change in ownership of the subject property.

Mr. McCarty has signed a 60’ wide easement to the county in exchange for the abandonment of the previous easement.
Therefore this department supports the request to abandon the previous easement in exchange for a more appropriately defined easement for Willcox Road.

Department's Next Steps (if approved):

Upon acceptance and recording of the resolution, records will be updated and a copy of the action will be sent to the property owner by the department.

Impact of NOT Approving/Alternatives:

If the resolution and grant of easement are not approved, the property owner will have an undefined easement across his property and this easement may be disputed in the future regarding width and alignment.

To BOS Staff: Document Disposition/Follow-Up:

PLEASE RECORD THE RESOLUTION AND THE GRANT OF EASEMENT AS TWO SEPARATE INSTRUMENTS. PLEASE RECORD THE RESOLUTION FIRST AND THE GRANT OF EASEMENT SECOND.

PLEASE RETURN A COPY OF THE RECORDED RESOLUTION AND THE ORIGINAL RECORDED GRANT OF EASEMENT TO THE RIGHT-OF-WAY STAFF AT H&F.

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