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City businessman unearths property-boundary dilemma
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Carol Broeder/Range News City businessman James Martin unearthed a property-boundary problem with easements on Grant, a city street. |
By CAROL BROEDER/Arizona Range News
Willcox businessman Jim Martin recently unearthed a problem with easements on a city street.
"In reviewing property boundaries for the lots located on Curtis Avenue between Wasson Street and Grant Street, an interesting discovery was made," Martin said in a letter to the City Council.
"Curtis Avenue is 80 feet wide according to the enclosed plot map for the Willcox town site. The width of Curtis is actually 30 feet. The remaining 50 feet is divided equally on each side of the street," he said.
Buildings on this block include Martin's building, the U.S. Post Office, the Arizona Department of Economic Security, and the attorney's office once occupied by Willoughby and Evans.
Zoning for the seven lots on Curtis Avenue permits zero lot-line construction, Martin said.
"The structures located along Curtis Avenue are built according to code and are built on property lines both width and depth," he said. "The front boundary is located literally on the doorstep of three structures."
The buildings' lawns, sidewalks, parking lots, entry walkways, and handicapped ramps are located on city property, Martin said.
"All of these amenities have been built and maintained by the property owners," he said.
"The property owners of Lots 129 and 135 located on Curtis Avenue wish to have the city abandon 15 to 18 feet of the 25-feet located on the west side of Curtis Avenue," Martin said, "The abandonment would eliminate the exposure the city currently has in regards to maintenance and legal issues."
Lots 133 and 134 contain protection devices that put an electric charge into the ground to keep gas lines from rusting, Martin said.
The power source (rectifier) for these devices is on a power pole on private property owned by Cochise Drywall, Inc., he said.
Martin said that since utility services are provided from the alley, the protection devices would be the only service affected by the abandonment.
"City staffers and SSVEC personnel have a plan to remedy the encroachment," he said. "An easement would be given in exchange for the aforementioned abandonment."
The power pole with the rectifier would then be moved into the alley, Martin said.
"On behalf of all the property owners, we feel the abandonment is a quick and easy solution to our mutual problems," he said.
The issue was an item for discussion only at the Nov. 1 city council meeting.
Mayor Mick Easthouse said he requested the previous Friday that the item be put on the agenda. He was later advised by City Attorney Jim Holland to direct city staff to obtain further information, he said.
Holland told the council there are several issues involved, and he wanted to see if the council wanted to "involve public works and take it to planning and zoning for their consideration."
He said he was reluctant to make any recommendations at this time.
"We need to look at all aspects and be ready to discuss it at the first meeting in December," Holland said.
Vice Mayor Roy Ard said that "some of our streets have eight- or nine-foot in city easements and we need to get consistent."
"I'm not trying to ram anything down anybody's throat," said Martin, adding that there are legal aspects for the city because "at this time you own the handicapped ramp at the Post Office."
"This is not the place to talk about it," said Holland, adding that the issue is irrelevant.
Martin then asked Mike Hudson, the city's administrator of development services, to present his drawing on Lot 135 to the council.
"This is premature. We need to talk with staff to make a recommendation," Holland said.
Before sitting down, Martin said, "By the way, you will need easement from me or one of the other property owners in the future."
The easement issue was discussed again briefly at the Nov. 15 council meeting.
Martin told the council that he obtained a two-week extension in which to resolve the issue.
City Manager Gilbert Davidson said he has not been able to meet with Martin, but would do so that week and "try to resolve as much as possible amongst the staff and property owners."
He added that if council action were needed, the item would be brought before the council again.
Vice Mayor Roy Ard recommended that the council direct city staff to expedite the matter.
"The city staff has been very cooperative," Martin said, "I, as well as the other property owners, appreciate their efforts."
"In reviewing property boundaries for the lots located on Curtis Avenue between Wasson Street and Grant Street, an interesting discovery was made," Martin said in a letter to the City Council.
"Curtis Avenue is 80 feet wide according to the enclosed plot map for the Willcox town site. The width of Curtis is actually 30 feet. The remaining 50 feet is divided equally on each side of the street," he said.
Buildings on this block include Martin's building, the U.S. Post Office, the Arizona Department of Economic Security, and the attorney's office once occupied by Willoughby and Evans.
Zoning for the seven lots on Curtis Avenue permits zero lot-line construction, Martin said.
"The structures located along Curtis Avenue are built according to code and are built on property lines both width and depth," he said. "The front boundary is located literally on the doorstep of three structures."
The buildings' lawns, sidewalks, parking lots, entry walkways, and handicapped ramps are located on city property, Martin said.
"All of these amenities have been built and maintained by the property owners," he said.
"The property owners of Lots 129 and 135 located on Curtis Avenue wish to have the city abandon 15 to 18 feet of the 25-feet located on the west side of Curtis Avenue," Martin said, "The abandonment would eliminate the exposure the city currently has in regards to maintenance and legal issues."
Lots 133 and 134 contain protection devices that put an electric charge into the ground to keep gas lines from rusting, Martin said.
The power source (rectifier) for these devices is on a power pole on private property owned by Cochise Drywall, Inc., he said.
Martin said that since utility services are provided from the alley, the protection devices would be the only service affected by the abandonment.
"City staffers and SSVEC personnel have a plan to remedy the encroachment," he said. "An easement would be given in exchange for the aforementioned abandonment."
The power pole with the rectifier would then be moved into the alley, Martin said.
"On behalf of all the property owners, we feel the abandonment is a quick and easy solution to our mutual problems," he said.
The issue was an item for discussion only at the Nov. 1 city council meeting.
Mayor Mick Easthouse said he requested the previous Friday that the item be put on the agenda. He was later advised by City Attorney Jim Holland to direct city staff to obtain further information, he said.
Holland told the council there are several issues involved, and he wanted to see if the council wanted to "involve public works and take it to planning and zoning for their consideration."
He said he was reluctant to make any recommendations at this time.
"We need to look at all aspects and be ready to discuss it at the first meeting in December," Holland said.
Vice Mayor Roy Ard said that "some of our streets have eight- or nine-foot in city easements and we need to get consistent."
"I'm not trying to ram anything down anybody's throat," said Martin, adding that there are legal aspects for the city because "at this time you own the handicapped ramp at the Post Office."
"This is not the place to talk about it," said Holland, adding that the issue is irrelevant.
Martin then asked Mike Hudson, the city's administrator of development services, to present his drawing on Lot 135 to the council.
"This is premature. We need to talk with staff to make a recommendation," Holland said.
Before sitting down, Martin said, "By the way, you will need easement from me or one of the other property owners in the future."
The easement issue was discussed again briefly at the Nov. 15 council meeting.
Martin told the council that he obtained a two-week extension in which to resolve the issue.
City Manager Gilbert Davidson said he has not been able to meet with Martin, but would do so that week and "try to resolve as much as possible amongst the staff and property owners."
He added that if council action were needed, the item would be brought before the council again.
Vice Mayor Roy Ard recommended that the council direct city staff to expedite the matter.
"The city staff has been very cooperative," Martin said, "I, as well as the other property owners, appreciate their efforts."
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