County acts to give up right of way

By Shar Porier
Wick News Service
Published/Last Modified on Wednesday, September 23, 2009 4:24 PM MDT


BISBEE — A request for the abandonment of an unused public right of way in Sunizona led to a long discussion during  Tuesday’s meeting of the Cochise County Board of Supervisors.


Wayne Martin recently purchased a 120-acre parcel with a right of way for Rainbow’s End Trail that bisects the property, explained Patricia Morris, deputy director of the highway and floodplain department. He plans to fence the acreage for a thoroughbred farm and does not want the added expense of fencing out the right of way.

Morris also said that two property owners have used the right of way to access their properties, but there are other routes in better shape than the primitive road. Rainbow’s End Trail dead-ends at the Martin property and cannot be continued due to the presence of a large mountain. She also pointed out that the property owners using the road had no legal right to use it as access to their properties.

However, she recommended that the public right of way be abandoned, but not the private easement.

Supervisors Ann English, Richard Searle and Pat Call voiced concerns about coming between private property owners who need to work out their own easement agreement and were not comfortable with anything but total abandonment of Rainbow’s End.

Call said, “This can be a contentious issue. Rather than put the county in the argument with the property owners, we should let them figure it out.”

English also had concerns about a government action creating a private easement.

The deputy civil county attorney confirmed that the county has no right to create a private easement for access.

Searle said, “I’m sympathetic with the owner.”

The county supervisors unanimously voted to approve complete abandonment of the right of way.

Supervisors’ other        business

Zoning change

A request by Jorge Reyes for rezoning of 3.3 acres zoned TR-36 (single-family home on 36,000-square-foot lot) on Demuro Drive adjacent to the Cochise Industrial Park was approved, though in a two-to-one vote with Call casting the opposition to change it to light industry.

Reyes plans to establish a truck terminal and warehouse space on the property.

Call took issue with adding conditions to rezoning requests and said it creates a “records morass” with all the conditions that accompany rezonings. He requested a work session with planning and zoning staff to deal with the cumbersome conditions and how they can be eliminated.

Supervisors also ...

• Approved an agreement with Southern Arizona Auto Co.  to allow a motor home to be parked at the Bisbee-Douglas International Airport, which will bring in $480 in revenue.

• Approved an intergovernmental agreement with Palominas School District to chip-seal the parking lots at Valley View School and at Palominas School.

• Approved an amendment to the contract for construction administrative services for the apron rehabilitation project at the airport to extend the contract time an additional 175 days and increase the contract by $75,000. The contract for this work was awarded to Eagle Rock Excavating to work the project.

• Approved a work session request to discuss the county’s up-coming HINI flu virus vaccination program.

 

Comments

    Neighbor from Maryland wrote on Sep 29, 2009 4:05 PM:

    " Raise thoroughbreed horses in a Rattlesnake infested hillside land! Boy, is this the biggest bull story that I have ever heard! I have riden hunter jumpers since I was a child- TB are high stong animals that get hirt very easily! Lies, for the board members to vote in favor of closing a road that was public right away by the developer! "

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street (85607)
P.O. Drawer H
Douglas, AZ 85608
tel: 520.364.3424
fax: 520.364.6750