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Consent 5.

Regular Board of Supervisors Meeting

Community Development

Meeting Date:: 02/09/2016
Title:: Dorothy Avenue Abandonment
Submitted By:: Teresa Murphy, 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:

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 16-04 abandoning any interest the County may have in a dedicated public right-of-way known as a portion of Dorothy Avenue described in Exhibit One.

Background:

Dorothy Avenue was dedicated to the public March 6, 1972 as a portion of Mescal Lakes Unit II per Book 7 of Maps & Plats, pages 30 thru 30B, records of Cochise County. The planned alignment of Dorothy Avenue and Meadowlark Lane never occurred and today this segment of the proposed abandonment is not in use and is full of native vegetation.

Larry Hubbard has applied on behalf of Larry Hubbard LLC and Wilson Holding Company LLC for an abandonment of a portion of Dorothy Avenue. With the application Mr. Hubbard also included site –plan for the future development of a Dollar General which utilizes the proposed area of abandonment. Transportation Planner did express concerns about FHWA no access control easement could affect using Meadowlark Lane for access to the future business. The proposed abandonment would sever the connection of Dorothy Avenue to Meadowlark Lane and in doing so create a dead end impacting emergency services routes. This department and planning and zoning have agreed to make an emergency access gate along the northern boundary of the project a condition of the abandonment. The County, Larry Hubbard LLC and Wilson Holding Company LLC will enter into an Agreement to Transfer, which would include the conditions agreed upon, with a deed to be executed by the County upon fulfillment of the conditions. Area utilities have been contacted and have made no objections to the abandonment.

Land Purchase Fee was determined to be $9,300.00. Applicant has paid all fees associated with this abandonment.

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 applicant.

Impact of NOT Approving/Alternatives:

The described portion of Dorothy Avenue will remain a dedicated public right-of-way.

To BOS Staff: Document Disposition/Follow-Up:

Please return a copy of the recorded documents to H&F, attn: Teresa Murphy

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