Consent 2.
Regular Board of Supervisors Meeting
Board of Supervisors
- Meeting Date:
- 06/09/2020
- Title:
- Corrective Deeds to Douglas
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Britt Hanson
TITLE
of PRESENTER:
of PRESENTER:
Of Counsel, County Attorney
Docket Number (If applicable):
Mandated Function?:
Local Mandate or Policy
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve License and Access Agreement between the County and City of Douglas for Communications Tower and other equipment, located at 661 G. Avenue, Douglas, Arizona, and Deed to the City for two parcels adjacent to 661 G Avenue.
Background:
On June 4, 2014, County agreed to transfer legal ownership of real property (“Property”) located at 661 G Avenue, in Douglas, Arizona, to Douglas, pursuant to an Amendment to Intergovernmental Agreement Between the City of Douglas and the County of Cochise for the Establishment of a Regional Service Center in the City of Douglas. Pursuant to the Amendment, Douglas agreed that, upon acquiring legal ownership of the Property, it would grant a license to the County in which County would have 24 hour, 7 days a week access to a County-owned communications tower, generator, shed, and equipment rack (“collectively referred to as “Equipment”) located on the Property. The Equipment is used to provide public safety two-way radio and network connectivity to the Regional Service Center and to another communications building located east of Douglas. Although the Amendment was recorded, it was recorded without a legal description; the purpose of this License and Access Agreement is to provide a recordable document, setting for the parties’ Agreement under the Amendment, with a legal description.
The transfer of the Property from the County to the City occurred through a Special Warranty Deed recorded on June 6, 2014. However, the transfer of the Property only included parcel number 409-08-102, but should have included two other adjacent and related parcels, parcel numbers 409-08-103 and -104, as that was the intent of the parties. Concurrent with the approval, execution and recordation of this License and Access Agreement, the County will be transferring to Douglas, by special warranty deed, title to parcel numbers 409-08-103 and -104.
The transfer of the Property from the County to the City occurred through a Special Warranty Deed recorded on June 6, 2014. However, the transfer of the Property only included parcel number 409-08-102, but should have included two other adjacent and related parcels, parcel numbers 409-08-103 and -104, as that was the intent of the parties. Concurrent with the approval, execution and recordation of this License and Access Agreement, the County will be transferring to Douglas, by special warranty deed, title to parcel numbers 409-08-103 and -104.
Department's Next Steps (if approved):
N/A
Impact of NOT Approving/Alternatives:
The County will not have complied with our agreement with the City to convey two parcels, nor have a fully recordable license agreement for the County's communication tower at 661 G Avenue
To BOS Staff: Document Disposition/Follow-Up:
Have the Board Chair sign the deed, as well as the License and Access Agreement. Then record both documents. Send copies of the recorded documents to the Douglas City Clerk and Manager