Home » From The Readers, Letters to the Editor » No Vote on Cline Road Abandonment

No Vote on Cline Road Abandonment

Sedona AZ (November 15, 2013)The following is a letter to the SedonaEye.com editor thanking the City Council for voting against the abandonment of a portion of upper Cline Road in favor of an adjacent landowner:

On Tuesday, November 12, 2013, at 4:30 PM, the Sedona City Council voted against the proposed abandonment with a resounding 6-1 vote. After attending the Council meeting last Tuesday, it was a pleasure for us to witness our democratic system in action. We were impressed that all the Councilors took the time to come up to Cline Road to personally inspect it, identifying the need to protect this special place. Thanks to the Council from all of us who use the Cline trailhead.

We also want to thank the Sedona Eye for giving us a forum to publish our concerns, and everyone in the community who took the time to let the Council know their views on this issue.

Bill & Lesley Pattison
Sedona
 
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19 Comments

  1. Good vote for the hikers in this city. I let the council know by clicking on the ad. The Pattisons kept us informed about this or it would have slid by the cattle guard at city hall. We owe them thanks hikers. And others. I think transparency needs to be reviewed and practiced by the council. Their staffers more than council because they don’t play by the same rules of getting unelected.

  2. Eddie M. says:

    At least for the time being this is a positive turn of events. It was unfortunate that those opposing the request for abandonment felt it was necessary to retain two different attorneys to explain their objections. It’s curious that the applicant and owner of the property was aware of the situation of Cline Road when he purchased the land over a year ago. It remains to be seen how he plans to deal with the city in order to resolve access to his property and if, in fact, his intentions are for speculative purposes or really as a personal residence as he stated was the case in his response to Dan McIlroy when asked the question. For the sake of everyone let’s hope the applicant’s next step won’t be via litigation with the city for rejecting the request for abandonment. And don’t think this hasn’t happened relating to similar rejections in previous years.

  3. I don’t see that the applicant has a case for litigation. Contrary to his inference at the hearing, the parcel is not land-locked, but the Sedona GIS topo map shows a good 30 ft intersection with the developed part of Cline Road.

    Presumably if he sued the city he would have to invest in a proper survey and a soil & geology report. A big problem I had with this was application was that applicant was not required to invest time and money to justify his claim. I would expect that the requirements to request abandonment of public land be AT LEAST as stringent as those for a variance. The City position on any upgrades to Cline Road is that the property owners on Cline Road would be required to pay for them, so I would assume that the owner of 1800 Cline Road would be responsible for improving the driveway to his property.

    The actual ownership of the parcel seems a bit fuzzy. The trustee of Desert Sun
    Holding Land Trust is not the applicant (C.F. Turley) but Mark Jacobson, an attorney in New York. When C.F. Turley initially contacted nearby parcel owners in December 2012, he said he was ‘representing the owners’ of 1800 Cline Road.

    The lot is no steeper than other lots in Sedona that have houses built on them, and although a flood plain does run through the middle of the lot, there is one acre on either side of the flood plain from which to select a building site. At least one other house in the area has a foundation which straddles the flood plain. I feel sure that an architect experienced in developing hillside houses would be able to design a beautiful house for this parcel, and suspect that there are architects in Sedona who would love to rise to this challenge.

  4. Caspar says:

    Owners aided and abetted by a sleeping public & a willing city hall staff? Interesting question is ” has this been done before & we don’t know it? ” Maybe it’s time to ask for all emails between staff and landowners on past land abandonments since incorporation – including any city council agendas – showing hearings on same? See what pops up said the clown to the weasels…

  5. Eddie M. says:

    FYI. As reflected in KSB Minutes (19 December 1991) Ysabel Rennie who stepped down as President of KSB to fill the vacancy left by the resignation of Pat Pomphrey, continued on as a KSB Board Member. She reported at KSB monthly meetings on City Council issues, and in the referenced Minutes: “(2) Jordan Park Ridge and the City of Sedona will apparently go to court over the Council’s DENIAL TO REZONE the property to accommodate the proposed development.”

    Although this matter wasn’t related to “abandonment” it does reflect a situation when the developers commenced to draw plans for a housing development based on the “SUPPOSITION” the zoning would be changed. That didn’t happen and the developers sued the city.

    Although not reflected in Minutes I have available, Ms. Rennie did announce that the law firm representing the city advised City not to settle because it would set precedent. The City did not take that advice and only to my recollection which in turn reflects my opinion of the event the City settled with the developer for a sizable amount and in addition made some kind of deal on providing sewer to that area.

    Again I will emphasize that I do not have in my possession the terms of the settlement but as suggested by “Caspar” an investigation of City archives could perhaps reveal much more than I am able to offer here.

    Working the system was alive and well in 1991 and to my knowledge it appears to live on. JUST ANOTHER OPINION.

  6. REPEAT PERFORMANCE says:

    Dear Honorable Mayor Moriarty and Council Members,

    On October 13, 2020 you will be asked to vote on yet another proposal to abandon upper Cline Road for the sole benefit of one land owner. Before voting, please note some of the following local and AZ State laws that would be violated by the approval of this abandonment.

    ARS 28-6701(C) “… at least sixty days before the resolution is effective pursuant to section 28‑7213, the board of supervisors shall give written notice by certified mail to the owners of the land abutting the highway or portion of the highway to be abandoned or vacated. The board of supervisors shall not resolve to abandon or vacate a highway unless a majority of the owners of the land abutting the highway or portion of the highway approve of the action to abandon or vacate the highway.” Has the Board (or Engineering) received a record of the vote from abutting landowners? I submit it has not been 60 days since the Board (or the City Engineer) has sent the required certified mail notice. There are three owners affected: the petitioner (Buillet Family Trust), the owner and beneficiary of abandonment; Dr Matthew Henry; and Coconino National Forest (represented by Amy Tinderholt). The votes of all three should be on file for your review prior to voting and you should also insure that the 60 day statutory requirement is in place. The drainage and environmental studies seem to have been waived by Engineering but they also be available for public review before the hearing.

    ARS 11-831 B(3) ” ..The applicant provides a statement from a licensed surveyor or engineer, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.” The City Engineer waived this requirement in 2018 which allowed the petitioning lot owner, Buillet Family Trust, two one acre sections instead of the original two acre parcel which he purchased. The top section of the 2018 split rendered it land locked without the required road access, so the split should have been summarily rejected by Engineering in 2018. But it was accepted, and is now being used as a justification by Engineering to provide the petitioner with a free portion of Cline Road (as well as numerous other benefits) through the Cline Road abandonment proposal.

    ARS 38-504, Arizona Gift Law. Approval of this abandonment would be a blatant violation of the gift law. When the petitioner bought the property in 2018, the tax valuation for this two acre parcel was assessed at $295,854; the two new subdivided lots for the 2021 valuation are both now assessed $302,494 which represents a two year appreciation of $309,494 on his original investment. This appreciation does not include the additional land gifted through abandonment, a very favorable administrative setback (from Planning), new driveway from the former Cline Road which, all of which will greatly reduce his development costs.

    In accordance with the attached letter from Public Works the petitioner, Buillet Family Trust, will be given the responsibility for developing a new trail. This is a task which the City has usually subcontracted to the Forestry Service in the past, so having a citizen perform this activity (without oversight, proven experience, or any mandated standard) is highly unusual. It is then planned for the City to provide ongoing maintenance. It will not be in The Buillet Family Trust’s interest to either develop or maintain a public trail very close to his property line, so we contend that It will be very unlikely that Buillet Family Trust will build this trail without some form of legal mandate. In my opinion this proposal will effectively close our beloved Cline Road trail to public access.

    The petitioner elected to split his lot with full knowledge that he did not have road access and is therefore ineligible for any further administrative waivers, variances, or other special concessions subsidized by the people of Sedona. There is no legal obligation by the City of Sedona to gift the Buillet Family Trust any public land, or to provide him with a road access, since he was cognizant that his lot was road-less at the time he petitioned for a split. He could reverse the split, and If the Buillet Family Trust wants a driveway, they can also build one within the acreage of the several contiguous lots that they now own. It is difficult to understand why this petitioner is being given so many concessions.

    It is hard to see how the City and people of Sedona will benefit in any way from an affirmative Cline Road Abandonment vote. We lose a basically maintenance free trail used by emergency vehicles, hikers, bikers, school children, and visitors to access our beautiful Coconino trail system. We lose the potential for developing vehicular access to connect with Coconino Forest trails should a future need occur, and the people of Sedona may be burdened with unknown recurring trail maintenance costs into the future. An affirmative vote on abandonment would open many legal challenges which the City would then be open to defend, which is always at great expense.

    City staff have already spent considerable time (at public expense) championing this reprehensible proposal, wasting enough public resources on this one individual petitioner. There is nothing worthwhile in the Cline Road abandonment for the people of Sedona (unless you have a penchant for law suits, unfunded trail maintenance and wasted public manpower), so please, vote just as our learned Council did in 2013 with a 6-1 no vote. But then, you could also beat them with a 7-0 no vote!

    Thank you,

    Bill & Lesley Pattison

  7. Jim says:

    You do know Pattison’s that this batch of councilors are not the same quality as those of 2013? That said, I’ll go back to football. Thank you, Donald Trump for getting the country back on its feet and keeping it on its feet when others would have destroyed us while we lay down. Get well sir. This vet appreciates you more each day.

  8. Michele, Sedona says:

    How is it that this kind of request is even made without someones profiting off the ask? City staff, city hall, city management? Engineers and architects and P&Z and builders and lawyers must be have involved to know all the right questions and loopholes. Disgusting. Greed. Avarice. Out right wrong to screw the residents and destroy Sedona this way. VOTE NO.

  9. Yari Morales, VVSR says:

    No no no from our Sedona Yavapai Coconino walkers group. Happy Sunday.

  10. John Daniels W Sedona says:

    One of the first real issues that has been posted on SE in years. Too bad none of the council folks read this site. Perhaps you should email them directly.

  11. Jack Dennison says:

    http://www.SedonaEye.com the voice for Sedona residents and visitors worth reading – great job to you people

  12. Alex D. says:

    ” Too bad none of the council folks read this site. Perhaps you should email them directly.” @John Daniels W Sedona

    And you know that for a fact? Because? Could it be you “assume” such a thing or do you have direct contact at City Hall with “council folks”? And how do you know Bill & Lesley Pattison haven’t emailed council members directly?

    Hmmmm maybe your “bustier” is due for tightening or better yet a replacement?

  13. Anonymous says:

    This one does.

  14. Trinity Tree says:

    HELLLLLOOOOOO newsboys, know it’s late but here’s the scoop. Vote no on Cline Road. Trailhead belongs to residents not tourists and certainly not that greedy landowner. Enough is enough with the handouts to your pols city council. BTW thought this poll interesting. Seems Americans aren’t stupid about the Biden’s in the Ukraine and Obama admin involvement with Clinton and Brennan. Getting a race lecture from the very very rich and never did anything to better the plight of black and brown America while in office Mrs. Obama was a bit over the top on the believability poll, wasn’t it? Eight years and they didn’t do as much as Trump did in one. Whose to hate? You people in jail because of Obama ought to vote for Trump since he set you free at last. Goodnight Sedona.

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  15. John Daniels W Sedona says:

    @ Alex D

    Well I know because over the years I have spoken to a few face to face with question on items on SE I was told flat out that they had no idea what I was yelling at them about.

    I mentioned that the Pattisons should write to them, if you want to get something done they should take the shortest route. Certainally posting anything that important on SE isn’t the most direct way to do it.

  16. Buck says:

    @john Daniels about comment to @ Alex

    This will do for you JD –

    Alpha jackass: “What a great gift! What a tremendous opportunity! … I just think COVID is God’s gift to the Left.” —Hanoi Jane Fonda

    And last… “As it turns out, even 48 years after ‘Hanoi Jane’s’ North Vietnamese anti-aircraft stunt, she is still rooting for things that kill Americans.” —Becket Adams

  17. Cynthia Newman says:

    Your flab is showing @John Daniels aka KD? Maybe time to tighten up your bustier straps? Better yet how about moving on out and up to Park City with your C of C CEO buddy? Notice her hubby featured in a huge real estate mail out with his realtor partner in Sedona. Interesting? Trouble here in paradise? Plots that thicken generally have a reason. But this from SE which no one reads anyhow. Oh well.

  18. David Smith says:

    That’s why the country will fall to China and Russia. That’s why the Clinton’s and Obama’s and Biden’s continue to swim no matter what shithole. They are the rich and powerful and like 3rd world nations they don’t give a damn about anything but their personal power and directing their underlings what to do, underlings like Brennan and Comey who for that instant or two of “it’s one for the gipper mates” think they are seen as their rulers equals. Fools. They are disposables like real voters and real ballots. Know what’s funnier? That these local politicians suck it up like rat bait and we voters eat their cheese.

  19. @cyntha says:

    Isn’t it interesting how you follow and make negative comments about people that actually HAVE A LIFE. Perhaps you should try to get one for yourself. PS. Posting on Sedona Eye is not considered a life changing activity nor are watching productive Healthy people for the sake of negative comments.

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