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Executive Session Item 8. A.

Regular BOS Meeting

Meeting Date:	12/18/2018
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney

Information

Request/Subject

On February 16, 2018, a Complaint for Declaratory Relief was filed in the Gila County Superior Court regarding RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044, pertaining to Resolution No. 18-02-02 accepting a grant of roadway easement and quit claim deeds designating portions of Verde Glen Road north of Payson as a primitive road.

Since that time Gila County has been in litigation with Rivers Edge.

Background Information

Rivers Edge Payson LLC has filed a suit against Gila County disputing the matter of Verde Glen Road which begins at Forest Road 64 (Control Road) and traverses through the Tonto National Forest prior to crossing several private parcels of land in and around the Verde Glen Subdivisions. Gila County maintains the road on the Tonto National Forest through a cooperative maintenance agreement. The County has been attempting to acquire easements for many years from private property owners in the area.

In December 2017, the County was able to acquire all easements necessary to begin maintaining the road should the Board decide to accept the road for maintenance. This road has been in existence prior to June 13, 1975, as it provides access to Verde Glen 3, GCR Map No. 393, recorded on January 24, 1969.

On October 4, 2018 Yvonne Arnold joined the lawsuit as a plaintiff.

A resolution to this case has been proposed.

Evaluation

The Gila County Attorney's Office needs the Board to timely consider the matter and give instructions regarding the Board's position regarding the pending litigation.

Conclusion

The Gila County Attorney's Office needs the Board of Supervisors' instructions regarding the pending litigation in RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044.

Recommendation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session, under A.R.S. Section 38-431.03(A)(3)-(4), to discuss and consult with its attorneys regarding RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044, in order to receive legal advice, consider its position and instruct its attorneys regarding the Board's position in the case or in settlement discussions conducted to avoid or resolve litigation and that the board vote to reconvene in a public meeting for the purpose of discussing the matter, deliberating, and taking action.

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3)-(4) to discuss and consult with the attorneys for the Board of Supervisors regarding Rivers Edge Payson, LLC v. Gila County No. CV201800044, consider its position, and receive legal advice from and instruct its attorneys regarding the public body's position in pending or contemplated litigation or in settlement discussions to avoid or resolve the litigation, and after the regular meeting has been reconvened, move to direct its attorneys to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
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