Adopt Resolution 14-78, abandoning the public right-of-way for a portion of Prince Road as described therein.

In the 1970’s Cochise County in conjunction with a federal aid project acquired right-of-way to create a straight line route from Highway 80 to Highway 191. The project for a road and drainage channel was terminated when property owners questioned the potential impact on water rights that would be affected by the potential channel and surface water flows. However up until the project was terminated, the County acquired rights-of-way in excess of 200’ in width across several properties for the potential road and channel. Since that time several abandonment requests were approved by the Board to reduce the width to what is appropriate for the existing public roads. Similarly Charles and Karen Hofmann have requested the proposed abandonment for the east portion of Prince Road. The applicants are in the process of purchasing APN 407-19-003, south of Prince Road, and are requesting the abandonment for the purpose of solidifying legal access to their property. While the existing public right-of-way could be considered as legal access, the right-of-way was for both the purpose of a road and drainage facility. Further the 1970’s right-of-way did not define which portion of the right-of-way was for road and which portion was for drainage. The Hofmann’s would prefer to acquire the portion which is not necessary for public road rights to ensure their legal access. The land purchase fee was determined to be $4,500 with the Administrative Action Fee of $300. A check in the amount of $4,800 has been received. This parcel is currently owned by Diana M. Paladenic, and is in escrow with the Hoffman’s with the understanding that legal access will be obtained prior to the close of escrow. A review of the criteria for the abandonment was conducted as follows: •Prince Road is on a section line and provides sole legal access to 407-19-003 (the Hofmann property), 407-19-005 (east of the Hofmann property) and 407-05-003 (north of the Hofmann property). •A 50’ wide right-of-way is not part of the abandonment action and will be retained as access for neighboring properties. •The Transportation Planner had no objections to the abandonment and her comments are attached. •Adjacent property owners were contacted, 1 responded (property east of the Hofmann property) and is in favor of the abandonment. •Area operating utility providers were contacted, 2 responded and have no objections to the abandonment. This department recommends approval of the abandonment based on there are no objections and the public right-of-way is unnecessary.

If abandoned, and once abandonment documents have been executed, no further Board action is required.

If abandonment is not approved, the property to the south of Prince Road will remain public. The applicants will not be able to solidify legal access and the conditions for the Hofmann’s purchase of APN 407-19-003 will not be met.

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