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Regular Agenda Item 2. K.

Regular BOS Meeting

Meeting Date:	03/01/2022
Submitted For:	Steve Sanders
Submitted By:	Shannon Boyer, Executive Administrative Asst.
Department:	Public Works

Information

Request/Subject

Public sale of a portion of Holly Drive on the White Oaks Glen Official Map No. 346, Gila County Records. White Oaks Glen is in the community of Pine.

Background Information

On September 21, 2021, during a Regular Meeting of the Board of Supervisors, the Board directed staff to begin the process to vacate a portion of Holly Drive. Staff began the necessary notifications and public postings of the Board’s decision. White Oaks Glen was recorded in 1967. The portion of Holly Drive being considered for abandonment has been improved by Mr. Robert Bennett. The road does not provide access to anyone other than Robert and Marilyn Bennett and their family. The Bennetts are the only adjacent owners affected by this portion of Holly Drive. The only adjacent landowner has submitted a bid for portions of Holly Drive that adjoins their property. The bid meets the minimum requirement established by the current Gila County policy on the abandonment of roadways in Gila County.

Evaluation

Arizona Revised Statute § 28-7204 (D) states, "Abutting owners of record in whom title to a portion of the roadway would vest under section 28-7205 may deliver, at the sale or at any time before the sale, to the clerk or secretary of the governing body or the director, in the case of this state, a written offer to purchase the portion or a part of the portion for the consideration paid for the land by the city, town, county or state, whichever first acquired the land within the roadway for public use. If an offer is submitted in a timely manner, it shall be preferred over all other offers." Mr. and Mrs. Robert Bennett are abutting owners to the subject property. They have indicated to Public Works that they would like to purchase the property.

Abandoning the portions of Holly Drive will not deny anyone access to their property.

Conclusion

It is the best interest of all involved to abandon portions of the subject road.

Covenant Interests–Investments LLC (Mr. and Mrs. Robert Bennett) submitted a check to the Public Works Department in the amount of $1,646 for the purchase of a portion of Holly Drive adjacent to their property.

Recommendation

It is the recommendation of the Public Works Department Director that the Board of Supervisors accept a bid from Covenant Interests–Investments LLC (Mr. and Mrs. Robert Bennett) in the amount of $1,646 to purchase a portion of Holly Drive adjacent to their property.

Suggested Motion

Information/Discussion/Action for the public sale of a portion of Holly Drive in Pine on the White Oaks Glen, Official Map No. 346 Gila County Records, Gila County, AZ to Covenant Interests–Investments LLC (Mr. and Mrs. Robert Bennett) in the amount of $1,646. (Steve Sanders)

Attachments
Notice of Sale Acknowledgement
Affidavit of Posting