Adopt Resolution 11-17, authorizing the exchange of an unnecessary right-of-way adjacent to Prince Road for a necessary right-of-way for Frontier Road as described therein.

In 2008 Edward Owens, owner of APN 407-14-004A, contacted the Highway Dept. stating that a portion of Frontier Road traverses his property outside of the dedicated right-of-way. Further Mr. Owens stated that the County should pay for the land as well as rent for prior years usage. A field review was conducted at that time with the property owner present. Staff did state that the curve intersection of Frontier Road and Prince Road could potentially be on private property and offered a possible exchange of land. Based on aerial imagery it was noted that a large shed is within the right-of-way adjacent to Prince Road. In June of 2008 a letter was sent to Mr. Owens stating that due to budget constraints, an acquisition was not possible at that time, however it may be possible to exchange lands. No response was received until 2010 when Mr. Owens contacted Supervisor English stating that he did not desire to exchange lands but that he wanted to work with the County to sell the land. After several follow up meetings Mr. Owens did agree to the initial exchange.
Regarding the exchange of lands and existing road and right-of-way conditions, currently there is 100’ in width of dedicated right-of-way for Frontier Road and 225’+ for Prince Road adjacent to the subject parcel. Both roads are chip sealed and the existing road surface does appear to traverse the west boundary of the subject parcel. The proposed exchange is to acquire 0.12 acres on the west boundary of the subject parcel and abandon 1.35 acres adjacent to the south boundary. The end right-of-way result will be a 30’ offset, approximately 120’ width total, for Frontier Road, widening to a 50’ + offset, approximately 125’ width total, for Prince Road. The exchange will perfect this portion of public right-of-way and also correct two potential problems for Mr. Owens. The first problem is that a shed, placed on the assessment records in 2007, was built within the right-of-way for Prince Road. The second problem is that when the right-of-way for Prince Road was acquired in 1972, setback requirements were not in place and the Arizona Highway Department acquired right up to the existing 1956 home. The exchange would provide for an appropriate setback distance for both the home and shed.

Upon approval and subsequent recording, right-of-way staff will forward copies of the recorded action to Mr. Owens and pay the County’s portion of the outstanding taxes. No further Board action is required.

If the action is not approved the physical conditions will remain as they are today. A portion of Frontier Road will cross private property where right-of-way is not perfected and a shed will be within the unnecessary portion of Prince Road right-of-way.

Please insert resolution number on quit claim deed and record the resolution, quit claim deed, and deed of dedication as three separate instruments. Please return a copy of the recorded resolution and the original recorded deeds to H&F, attn: Right-of-way Div.