In the Beginning
The “Cox Parcel Saga” at Territory and Via Velazquez (NE corner) began in 1986. Fairfield Sunrise Village, Inc. (Developer) sold the Parcel to Cooke Communication to install “big” satellite dishes, control structure, and an enclosed wall. The business plan was to sell TV services locally. By 1990, Cable TV was taking over as the new technology. Cooke then sold the “parcel” to Robin Cable as a Tucson “cable node”. About 5 years later, Cox Cable, Inc. acquired Robin Cable and thereby the Parcel ownership shifted to Cox Cable.
Parcel description: Cox Parcel-NE corner of Territory and Via Velazquez surrounded on 3 sides by SMVEHOA common areas (Parcel # 114-15-034J).
Size: 0.1856 acres; about 8,000ft2.
Shape: rectangle about 76ft by 106ft.
Zoning: undeveloped – 1 lot/acre.
20 years pass
In 2006, President Vaughan becomes involved for the Board after a complaint of poor maintenance of “the shack” from the original property owner at 4860 N. Via Velazquez. The SMVE HOA Board authorized Wendy Ehrlich, Esq., SMVE HOA’s lawyer to investigate ownership so a plan could be developed for the unused, poorly maintained parcel. Three months of back and forth investigation confirmed that Cox Cable paid property tax on the parcel. Cox attorney would not consider an SMVEHOA offer to acquire the parcel but pledged to maintain landscape cleanup and building maintenance. The “shack” progresses to become even more unsightly with no structural maintenance, deterioration of tile roof, and crumbling external brick walls. Despite repeated communications by Board representatives, Cox was not interested in a negotiation for changing ownership to SMVE HOA.
2012: (April-May): The residential property, (4860 N Via Velazquez), north of the parcel was sold to new owners (Kent and Mary Laughbaum). By the summer of 2013, our new neighbors agree to help the BOD in negotiations using their social relationships with Cox Cable managers to resolve the impasse. Kent Laughbaum photographed the condition of the structure to share with Cox-Tucson associates.
SMVEHOA’s interest for Cox consideration: Summarized by President Vaughan to guide negotiations.
- NO change in zoning.
- NO money changes hand between Cox and SMVEHOA.
- Cox parcel reverts to 1986 condition as undeveloped, common area of SMVEHOA.
- Board of Director’s Plan: President Vaughan is authorized to work with Laughbaums until Cox is willing to agree to above, then he will involve Wendy Ehrlich, Esq. to execute a “quit claim deed” transfer plus interactions with Pima County consistent with the AZ Revised Statutes and SMVEHOA governing documents for transfer of real property.
Legal Documents required for transfer
- “Quit Claim Deed” from Cox Cable to SMVEHOA signing over parcel as described.
- “Disposition Document” from SMVEHOA to Pima County Recorders Office to address new ownership and tax evaluation as common area land.
In Addition
Cox Cable agreed to make the parcel ready for transfer by removing their electrical equipment plus masonry building with deteriorating tile roof plus masonry wall and gate. Cox had all debris assembled and hauled away. Thereafter, SMVE HOA began the process of remediation. SMVEHOA’s construction/landscape bid for hardscape and arid landscape was about $2,500.00 complete with large boulders placed to block access from Territory.
Results
By November 14, 2014, the Cox Parcel has become a new community resource not “urban blight”. The new piece of real estate belongs to SMVE HOA, remediation is completed, and the area reverts to SMVE Commons to add beauty to Sunrise Mountain View Estates. Eight years of monitoring, persistence, follow-up, recent addition of new neighbors willing to help, and Board persistence and leadership pays off for all to enjoy while enhancing property values for the whole SMVE Community.
✉ Bob Vaughan, President SMVE HOA