Public Hearings 11.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 04/10/2012
- Title:
- An Abandonment for a portion of Cactus Lane
- Submitted By:
- Terry Couchenour, Community Development
- Department:
- Community Development
- Division:
- Right of Way
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Carlos De La Torre
TITLE
of PRESENTER:
of PRESENTER:
Director
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
ARS 28-7201 thru 7215
Docket Number (If applicable):
Information
Agenda Item Text:
Adopt Resolution 12-10 authorizing the abandonment of a portion of Cactus Lane public right-of-way south of Sierra Vista.
Background:
Richard Aguirre, owner of APN 104-06-002C, -002E, & -007, has requested an abandonment of a portion of Cactus Lane in order to reconstruct his place of business, Ricardo’s Restaurant which was destroyed by the Monument Fire. While the business will be reconstructed in its original location on APN -007 it is necessary to relocate the septic system to -002C. Regulations require that the septic system be a part of the same parcel that the septic system services and therefore it is necessary to abandon that portion of Cactus Lane which bisects these properties.
A review of the criteria for the abandonment was conducted as follows:
• The public right-of-way is not a section line or mid-section line road.
• Notification of the proposed abandonment was sent to the adjacent parcels owners and no objections were received. Please see attached letters. The proposed action will not deny legal access to any parcel as there are alternative private easements or a private easement will be retained along Cactus Lane as necessary.
• Utility companies that serve the area were notified and Qwest (also known as Century Link) and Sulphur Springs Valley Electric Co-op responded. After the fire Qwest installed lines within Cactus Lane and SSVEC intends to install services for the restaurant. While state statutes retain easements for existing utilities upon abandonment, staff and the applicant worked with both utilities to secure separate and more defined utility easements. Easements were recorded for SSVEC and easements for Qwest will be recorded at a later date.
• The Transportation Planner has no objections to the proposed abandonment and her comments are attached.
• A site review confirmed the proposed abandonment is open for use, but used as access for unauthorized dumping in the area.
• The Land Purchase Fee is $6,150 which is based upon an assessed value of $3/sq.ft. with a 50% reduction due to a degree of fragmentation/marketability. The Fee has been received.
A review of the criteria for the abandonment was conducted as follows:
• The public right-of-way is not a section line or mid-section line road.
• Notification of the proposed abandonment was sent to the adjacent parcels owners and no objections were received. Please see attached letters. The proposed action will not deny legal access to any parcel as there are alternative private easements or a private easement will be retained along Cactus Lane as necessary.
• Utility companies that serve the area were notified and Qwest (also known as Century Link) and Sulphur Springs Valley Electric Co-op responded. After the fire Qwest installed lines within Cactus Lane and SSVEC intends to install services for the restaurant. While state statutes retain easements for existing utilities upon abandonment, staff and the applicant worked with both utilities to secure separate and more defined utility easements. Easements were recorded for SSVEC and easements for Qwest will be recorded at a later date.
• The Transportation Planner has no objections to the proposed abandonment and her comments are attached.
• A site review confirmed the proposed abandonment is open for use, but used as access for unauthorized dumping in the area.
• The Land Purchase Fee is $6,150 which is based upon an assessed value of $3/sq.ft. with a 50% reduction due to a degree of fragmentation/marketability. The Fee has been received.
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, the public right-of-way will remain public, and Mr. Aguirre will be unable to improve his property.
To BOS Staff: Document Disposition/Follow-Up:
Please put the Resolution number on the Quit Claim Deeds and record as separate documents. Please return a copy of the recorded documents to H&F, attn: Right-of-Way Division.
Budget Information
Information about available funds
Budgeted:
Funds Available:
Adjustment:
Amount Available:
Unbudgeted:
Funds NOT Available:
Amendment:
Account Code(s) for Available Funds
- 1:
Fund Transfers
Attachments
- MapForExecSummaryCactusLn
- ResolutionCactusLn
- QuitClaimDeedsCactusLn
- ApplicationCactusLn
- MemoTransportationPlannerCactusLn
- LettersFromParcelOwnersCactusLn
- PublicHearingNoticeCactusLn
- LocationMapCactusLn
- PresentationCactusLn