Consent 8.
Regular Board of Supervisors Meeting - 10:00 am
Engineering & Natural Resources
- Meeting Date:
- 07/01/2025
- Title:
- Abandonment of a portion of Foothills Drive
- Submitted By:
- Lisa Enriquez, Engineering & Natural Resources
- Department:
- Engineering & Natural Resources
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:
None
TITLE
of PRESENTER:
of PRESENTER:
None
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
ARS 28-7201 thru 28-7215
Information
Agenda Item Text:
Adopt Resolution 25-15 authorize the abandonment of a portion of that 80-foot right-of-way known as Foothills Drive.
Background:
The Cochise County Engineering department received an application on 3/25/25 to abandon a portion of the 80-foot right-of-way known as Foothills Drive, from Dr. Jim Johnson concerning his commercial property, parcel # 105-05-004. Dr. Johnson was in the process of selling the parcel when an ALTA survey* revealed that a portion of the fence, landscaping and parking lot were encroaching onto the county right-of-way adjacent to Foothills Drive, in Sierra Vista. The property has been sold. The escrow agent has drawn up a holdback of escrow agreement. The two parties agreed that Dr. Johnson would submit a request for abandonment application to Cochise County in an attempt to get the encroachment area abandoned. This is not a normal type of abandonment because it is dealing with an encroachment, and not vacant land. The fence was built in the 1970's per the Cochise County Assessor and Community Development records. A site review confirmed that the fence is encroaching by an estimated 10’ by 102’ area. There is an estimated 17-foot distance between the edge of the pavement and the fence. The abandonment would not affect the right-of-way needed to build a future sidewalk. The parcel lies above the grade of the road on a small hill. The current Foothills Dr. road design and specifications are not likely to change because there is minimal vacant land for growth or new development in the nearby neighborhoods.
*An ALTA survey, or American Land Title Association survey, is a detailed land survey that goes beyond a typical boundary survey. It includes information about property boundaries, easements, encroachments, and other relevant details, helping to ensure a comprehensive understanding of a property's condition before a commercial real estate transaction. These surveys are often required by lenders, title companies, and buyers in commercial real estate transactions.
The applicant has paid their Administrative Fee of $300 and the Land Purchase Fee of $1,750.00. The land purchase fee is based on the current land values within the vicinity as set for tax assessment valuations with a 50% deduction based on the area that does not qualify as a buildable lot.
If the abandonment is granted, no current parcel would be denied legal access.
There are no objections from the Planning Manager and the 911 Rural Addressing MSAG Coordinator.
There are no known utility conflicts within the abandonment area.
*An ALTA survey, or American Land Title Association survey, is a detailed land survey that goes beyond a typical boundary survey. It includes information about property boundaries, easements, encroachments, and other relevant details, helping to ensure a comprehensive understanding of a property's condition before a commercial real estate transaction. These surveys are often required by lenders, title companies, and buyers in commercial real estate transactions.
The applicant has paid their Administrative Fee of $300 and the Land Purchase Fee of $1,750.00. The land purchase fee is based on the current land values within the vicinity as set for tax assessment valuations with a 50% deduction based on the area that does not qualify as a buildable lot.
If the abandonment is granted, no current parcel would be denied legal access.
There are no objections from the Planning Manager and the 911 Rural Addressing MSAG Coordinator.
There are no known utility conflicts within the abandonment area.
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 the staff will forward copies to the applicant.
Impact of NOT Approving/Alternatives:
If the abandonment is not approved, the encroachment will need to be removed from the public right-of-way.
To BOS Staff: Document Disposition/Follow-Up:
Please place the Resolution number on the Quit claim deed and record them as separate documents in the sequence of Resolution, then Quit Claim Deed. Please return the original recorded documents to the Engineering and Natural Resources office. Attn: Right-of-Way Division.