Consent 7.
Regular Board of Supervisors Meeting - 10:00 am
Engineering & Natural Resources
- Meeting Date:
- 10/07/2025
- Title:
- Proposed Abandonment of a portion of W Mills Boulevard, near Portal, Arizona
- 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:
Lisa Enriquez
TITLE
of PRESENTER:
of PRESENTER:
Right of Way Agent
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
A.R.S. ยง 28-7201-28-7215
Information
Agenda Item Text:
Adopt Resolution 25-31 to Authorize the Abandonment of a Portion of a Public Right-of-Way known as West Mills Boulevard, near Portal, Arizona.
Background:
The Cochise County Engineering and Natural Resources department received a Roadway Abandonment Application from Helen Mills on March 4, 2025. She has requested the abandonment of a portion of W Mills Boulevard, located on the north side of her property tax ID # 402-65-004. The reason for the request is that she discovered that her well, power pole, water storage tank and fence are encroaching into the right of way of W Mills Blvd, and that it would be a hardship to relocate the encroachments.
The current right-of-way on Mills Blvd is 100 feet wide. The Mills fence is encroaching by an estimated 50 feet. All the encroachments have been confirmed by a site review. The parcels to the East, 402-65-003 et al., tie into the Mills fence, therefore the other fences are encroaching.
There are also encroaching power poles and communication boxes that lie just north of the fence line continuing east. Notifications were sent to the known utility companies and there was no response. Notification of the proposed abandonment was sent to the adjacent parcels owners and no objections were received.
The west fence line that lies parallel to Mi Casita Lane is also encroaching by an estimated 17 feet. The current ROW on Mi Casita Lane is 50 feet wide and the Cochise County has informed the Mills that the fence will need to be relocated to coincide with their west property lot line.
Legal Access:
Per our records, the right-of-way is dedicated to the public in fee-interest per Dedication, Docket 1167, Page 248, recording date of July 5, 1977.
• The Engineering Department is recommending abandoning a 40’ x 300’ portion of W Mills Blvd adjoining the northwest side of the Mills parcel. Therefore, the well, power pole, and water storage tank would not have to be moved. If the abandonment is granted, no current parcel would be denied legal access.
• The road width would stay within the minimum 60’ right-of-way road standards. This option will ensure that the future development needs are considered.
• An abandonment of this dedicated right-of-way is not likely to adversely impact the County’s transportation network in the area. There are no objections from the Planning Manager and the 911 Rural Addressing MSAG Coordinator.
Land Purchase Fee
Per Cochise County Records, the right-of-way is dedicated to the public in fee-interest per Dedication, Docket 1167, Page 248 recording date of July 5, 1977. Therefore, the right-of-way is subject to the statutory compensation requirement, which our department refers to as the Land Purchase Fee. This fee is based upon an assessed value of $626.90 per acre, which includes a 50 % reduction for the area that qualifies as buildable of the proposed abandonment. The abandonment area consists of 0.280 acres. The total payment of $350 has been received.
The current right-of-way on Mills Blvd is 100 feet wide. The Mills fence is encroaching by an estimated 50 feet. All the encroachments have been confirmed by a site review. The parcels to the East, 402-65-003 et al., tie into the Mills fence, therefore the other fences are encroaching.
There are also encroaching power poles and communication boxes that lie just north of the fence line continuing east. Notifications were sent to the known utility companies and there was no response. Notification of the proposed abandonment was sent to the adjacent parcels owners and no objections were received.
The west fence line that lies parallel to Mi Casita Lane is also encroaching by an estimated 17 feet. The current ROW on Mi Casita Lane is 50 feet wide and the Cochise County has informed the Mills that the fence will need to be relocated to coincide with their west property lot line.
Legal Access:
Per our records, the right-of-way is dedicated to the public in fee-interest per Dedication, Docket 1167, Page 248, recording date of July 5, 1977.
• The Engineering Department is recommending abandoning a 40’ x 300’ portion of W Mills Blvd adjoining the northwest side of the Mills parcel. Therefore, the well, power pole, and water storage tank would not have to be moved. If the abandonment is granted, no current parcel would be denied legal access.
• The road width would stay within the minimum 60’ right-of-way road standards. This option will ensure that the future development needs are considered.
• An abandonment of this dedicated right-of-way is not likely to adversely impact the County’s transportation network in the area. There are no objections from the Planning Manager and the 911 Rural Addressing MSAG Coordinator.
Land Purchase Fee
Per Cochise County Records, the right-of-way is dedicated to the public in fee-interest per Dedication, Docket 1167, Page 248 recording date of July 5, 1977. Therefore, the right-of-way is subject to the statutory compensation requirement, which our department refers to as the Land Purchase Fee. This fee is based upon an assessed value of $626.90 per acre, which includes a 50 % reduction for the area that qualifies as buildable of the proposed abandonment. The abandonment area consists of 0.280 acres. The total payment of $350 has been received.
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(s), the Right-of-Way staff will forward copies to the applicant and adjacent owners.
Impact of NOT Approving/Alternatives:
If the abandonment is not approved, the public right-of-way will remain public.
To BOS Staff: Document Disposition/Follow-Up:
Please place the Resolution number on the Quit claim deed(s) and record them as separate documents in consecutive order (Resolution, Quit Claim Deed). Please return the original recorded documents to the Engineering and Natural Resources office. Attn: ROW Lisa Enriquez.