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Consent 4.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 04/09/2013
Title:: Abandonment of An Unnamed Easement
Submitted By:: Frances Marinez, 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:

Karen Riggs

TITLE
of PRESENTER:

Interim Director

Docket Number (If applicable):

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 13-09, abandoning the public right-of-way easement in the Three Triangle Ranch Area as described therein.

Background:

Eric and Gina Desfachelles, the owners of APN 402-83-009 & -010, requested an abandonment of the 40' wide public easement on the south side of their property, which constitutes one-half of an 80’ public easement. Merry Lepper, the owner of APN 402-83-011, is seeking abandonment of the 40' wide public easement on the north side of her property, which is the other half of the 80’ easement. By abandoning the easements the property owners will move their fence line to the actual property line. They intend to fence their parcel in an effort to keep cattle off their property. This is a paper-only easement. It has never been used as a public road.
The original abandonment application was received from the Desfachelles in September 2011, but was placed on hold and cancelled January 2012 due to the objection of the adjacent neighbor, Merry Lepper. A refund check was sent to the applicant and the file was closed. However, Ms. Lepper has now withdrawn her objection and has requested abandonment of the 40’ easement on her property. Hence, the proposed abandonment has been reopened and the Administrative Active Fee has been paid by Merry Lepper. Please see attached application.
A review of the criteria for the abandonment was conducted as follows:
• The easement is not on a section or mid-section line and does not provide sole legal access to any current parcel.
• The Transportation Planner had no objections to the abandonment and her comments are attached.
• Current access for the neighbors is not part of the abandonment action.

Inasmuch as there are no objections, the easement is unnecessary, this department recommends full abandonment.

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 unused easement will remain a public right-of-way. The applicants will not be able to fence their properties as desired.

To BOS Staff: Document Disposition/Follow-Up:

Please return a copy of the recorded documents to H&F, attn: Pam Hudgins.

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