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Action   2.
Special Board of Supervisors Meeting
Board of Supervisors
Meeting Date:
08/20/2015
Title:
Abandonment of rights-of-way south of Newell Street in Naco
Submitted By:
Terry Couchenour, Community Development
Department:
Community Development
Division:
Highway
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
2
NAME
of PRESENTER:
Karen Riggs
TITLE
of PRESENTER:
Director
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
28-7201 through 28-7215

Information

Agenda Item Text:

Adopt Resolution 15-20, abandoning any County interest in several right-of-way alignments within part of the Turquoise Valley Golf Course land holdings in Naco, as described therein.

Background:

In 1907, the Official Map of the townsite of Naco (Maps and Plats Book 0 Page 68 and Book 1 Pages 138-139) was filed identifying lots, blocks, streets and alleyways as well as dedicating streets and alleys to the public. The 1907 map shows 3/4 of townsite with lot numbers and street names, however the east 1/4 mile is identified as a “Reserved” area with potential blocks, streets and alleyways represented by dashed lines. At the time of this summary it has not been determined whether the streets and alleyways within the Reserved area were intended to be dedicated to the public or if this area was a future concept that has not come to fruition. As such, the County separately acquired rights for Newell Street, Dominguez Street and Naco Highway instead of pursuing an interpretation of the 1907 intent. Assessor Parcel Number 102-57-315 lies south of Newell Street, east of the Turquoise Valley RV park/overflow parking lot and is within the Reserved area of Naco. This property is part of the Turquoise Valley Golf Course land holdings and is currently in escrow pending an abandonment of any interest the County may have in order to clear potential title issues. Other portions of the golf course land holdings have already been abandoned by the County in 1935, 1964, 1990, 1992, 1998 and 2000. Staff reviewed the request and recommends that the unknown rights-of-way are not necessary for use as public roadways. The rights-of-way are not open for public use and the area is currently undeveloped vacant land. The north-south alignments terminate at the railroad right-of-way which complicates any future connection between Newell Street and Dominguez Street. The east-west alignment is 10 feet wide which is an insufficient width to construct a public road. Regarding the Land Purchase Fee, the portion of the Naco townsite that clearly identifies lots, blocks, streets and alleyways is subject to the Land Purchase Fee. As previously stated the public nature of the Reserved area has not been determined and Cochise County previously acquired Newell Street, Dominguez Street and Naco Highway under the assumption that the public does not have fee title interest per the townsite plat. Therefore a Land Purchase Fee was not applied to this proposed action to clear a cloud on title.

Department's Next Steps (if approved):

If the abandonment is approved, no further Board action is required. Upon recording of the resolution and quit claim deed, staff will forward copies to the title company and applicant.

Impact of NOT Approving/Alternatives:

If the abandonment is not approved, the undetermined rights-of-way, which are unnecessary for public road purposes, will remain a cloud on the property’s title.

To BOS Staff: Document Disposition/Follow-Up:

Please forward the original recorded Quit Claim deed and a copy of the recorded Resolution to Highway and Floodplain right-of-way division.

Attachments