Consent 4.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 01/24/2012
- Title:
- Ramsey Signal Development Agreement Satisfaction of Obligation
- Submitted By:
- Frances Marinez, Community Development
- Department:
- Community Development
- Division:
- Transportation
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
n/a
TITLE
of PRESENTER:
of PRESENTER:
n/a
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Agenda Item Text:
Acknowledge satisfaction of obligation for recorded Development Agreement executed in October 2007 and fully completed in April 2011.
Background:
In September of 2006 a Traffic Warrant Study was completed on the Ramsey Rd/Ramsey Canyon Rd./Highway 92 intersection that demonstrated need for a signal at this location. In April of 2007 a Traffic Impact Analysis was completed for commercial properties at this location and the developer of that property was requested to participate in the installation of the needed signal. Over the next few months two other developers of property in this same area brought in proposed projects and a Developer Agreement was formed between the Arizona Department of Transportation (ADOT), the County and three developers/applicants.
This Development Agreement was executed by the Board on October 9, 2007 and then recorded on February 8, 2008. An IGA with ADOT was then entered into by the County on November 7, 2007 to partner together on the construction of the needed signal at this location.
On October 7, 2009 an interim span wire was completed and activated. A permanent pole signal was then completed and on December 28, 2010 ADOT inspected and accepted the signal into their maintenance system. The ADOT Encroachment Permit was then closed the next day and post-design work completed by the end of January 2011. Final invoices were processed on February 8, 2011 and on March 31, 2011 the balance of funds and As-Built Plans were disbursed to all partners. On April 14, 2011 all of the parties to the original agreement were notified that the obligations of the October 2007 Development Agreement had been completed in full.
Cochise County was then contacted by the Pioneer Title Agency, Inc, asking about the status of the Development Agreement related to one of the properties. Staff advised them that the obligation had been fully satisfied and provided written documentation to that effect. However, to formally record the satisfaction of the obligation and ensure that the properties included in this Agreement were not clouded a formal document providing an Acknowledgement of Satisfaction of Obligation was drafted. This document has been reviewed by the County Attorney’s office and by the Pioneer Title Agency, Inc and provides a formal acknowledgment that the obligations undertaken in the Development Agreement have been fully met and are now discharged.
This Development Agreement was executed by the Board on October 9, 2007 and then recorded on February 8, 2008. An IGA with ADOT was then entered into by the County on November 7, 2007 to partner together on the construction of the needed signal at this location.
On October 7, 2009 an interim span wire was completed and activated. A permanent pole signal was then completed and on December 28, 2010 ADOT inspected and accepted the signal into their maintenance system. The ADOT Encroachment Permit was then closed the next day and post-design work completed by the end of January 2011. Final invoices were processed on February 8, 2011 and on March 31, 2011 the balance of funds and As-Built Plans were disbursed to all partners. On April 14, 2011 all of the parties to the original agreement were notified that the obligations of the October 2007 Development Agreement had been completed in full.
Cochise County was then contacted by the Pioneer Title Agency, Inc, asking about the status of the Development Agreement related to one of the properties. Staff advised them that the obligation had been fully satisfied and provided written documentation to that effect. However, to formally record the satisfaction of the obligation and ensure that the properties included in this Agreement were not clouded a formal document providing an Acknowledgement of Satisfaction of Obligation was drafted. This document has been reviewed by the County Attorney’s office and by the Pioneer Title Agency, Inc and provides a formal acknowledgment that the obligations undertaken in the Development Agreement have been fully met and are now discharged.
Department's Next Steps (if approved):
Once acknowledged and signed by the Board the Acknowledgement of Satisfaction of Obligation will be recorded and provided to Pioneer Title Agency and the three developers for their records and use.
Impact of NOT Approving/Alternatives:
The parties to the Development Agreement may continue to have inquiries about this past cloud on their title.
To BOS Staff: Document Disposition/Follow-Up:
Please return signed copies of the Acknowledgement of Satisfaction of Obligation to H&F, attn, Pam Hudgins, ROW Agent