Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Subdivision Vacation topic
No spam. Unsubscribe anytime.
Taos County Commission approves vacation of Riverbend subdivision with staff findings
Summary
The commission unanimously approved Riverbend LLC's request to vacate the 16-lot Riverbend subdivision on the Rio Grande Gorge rim, incorporating staff findings and a corrected lot count. Staff and the applicant said existing easements and conservation protections will remain in place.
The Taos County Commission voted unanimously on March 17 to approve the vacation of the Riverbend subdivision at the request of the property owner, Riverbend LLC.
Planning staff told the commission the applicant complied with the county's notification ordinance and provided aerial maps and utility diagrams. A managing member of Riverbend LLC described the subdivision layout, noting Riverbend Road is built and carries buried electric, telephone and internet along its east side; two other roads shown on the plat (Rattlesnake Road and Tess Trail) have not been constructed. The plat also shows a 2008 conservation easement that extends from the rimrock to the river, and a pedestrian easement providing access to roughly a mile of river frontage.
Abby Sanger, attorney for applicant Theodore Terry, said the request came from Terry's children, who live out of county and do not want the obligation of completing subdivision infrastructure. "The kids are asking to not be strapped with this subdivision," Sanger said, adding that proceeds from lot sales would be used to finish infrastructure and satisfy bond obligations if lots were sold.
Staff recommended approval with findings of fact and recommendations; during the motion the staff asked one correction in the recommendation (change 17 lots to 16 lots), which the motion incorporated. With no opposition present, the commission approved the vacation and incorporated staff findings and the corrected recommendation.
According to the staff report presented at the hearing, easements shown on the plat (ingress/egress, utility easements, pedestrian access and a previously recorded conservation easement) will remain unaffected by the vacation. The commission took no additional conditions beyond staff-recommended findings and corrections.
The decision resolves a longstanding title/management question for the Riverbend tract and allows the property owners and heirs to manage the land outside the constraints of the recorded subdivision unless they later seek a re-subdivision; the county record and staff report will reflect the findings of fact and the corrected lot count.
