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Consent 3.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 04/09/2013
Title:: Abandonment of a portion of a No Access Easement adjoining State Route 92 in the Sierra Vista area.
Submitted By:: Terry Couchenour, Community Development
Department:: Community Development
Division:: Highway

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):

N/A

Mandated Function?:

Federal or State Mandate

Source of Mandate
or Basis for Support?:

ARS 28-7201 thru 28-7215

Information

Agenda Item Text:

Adopt Resolution 13-08, abandoning a portion of a No Access Easement adjoining State Route 92 in the Sierra Vista area, as described therein.

Background:

Recommendation: This department recommends adoption of the accompanying resolution abandoning a portion of a 1 foot wide No Access Easement which is unnecessary for public use.

Background (Brief): In 1981, the Board approved a General Business re-zoning for APN 105-40-035B, D and E. As a condition of this re-zoning, a 1 foot wide No Access Easement (NAE) was dedicated along SR 92 and Ramsey Canyon Rd. The developer then completed a Traffic Impact Analysis (TIA) which identified off-site requirements as part of their proposed project. In 2007, the County approved the TIA and entered into an agreement with the owner and Arizona Department of Transportation (ADOT). As part of the agreement, the owner contributed $60,578.90 to construct a traffic signal at the intersection of SR 92 and Ramsey Canyon Rd. It was agreed to allow a commercial driveway access onto SR 92, which would require a break in the NAE, once the signalized intersection was in place.

While the NAE controls access onto SR 92, ADOT has determined that the easement is adjacent to, but outside of their right-of-way boundary. Therefore the County has abandonment jurisdiction. The current property owner of APN -035B and D is in the process of constructing a convenience store with a car wash and fuel stations. ADOT has approved the location of the easement break and has issued a commercial driveway permit for this use. Therefore, this portion of the easement is no longer necessary for its public road use and staff recommends abandonment consistent with the County’s 2007 agreement with ADOT and the property owner.

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 abandonment is not approved, the No Access Easement will remain in place thus creating a legal barrier to the use of the SR 92 driveway access to the commercial site inconsistent with the County’s 2007 agreement with ADOT and the property owner.

To BOS Staff: Document Disposition/Follow-Up:

Please return a copy of the recorded resolution to H&F, attn: Right-of-way Division. Right-of-way staff will forward a copy of the recorded resolution to the property owner.

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