By Rusty Bradshaw
Independent Newsmedia

Potholes in increasing size and frequency line a two-block alley and it is costing one association more money to maintain its half.



The alley, south of Coggins Drive between 103rd and 105th avenues, is bordered by residences to the south and commercial property to the north. While much of the southern half of the alley is well maintained by the homeowners associations, the other half contains large potholes. They are getting larger and more numerous as days, week, months and even years go by and no maintenance is performed on the northern half.

“It has gotten so bad that drivers going through the alley always drive on the association half — even when they are going west,” said resident Charlie Schill.

Because the associations own the southern portion of the alley, it is their responsibility to maintain that portion. But according to information association officials can gather, there is no ownership of the northern half, so it never gets attention.

“The county maps say the commercial property ends right where the alley begins,” said resident Dave Murphy.

According to county plat maps, the alley is in an easement that encumbers several lots to the south, including a common area, Scott Isham, District 4 Maricopa County Supervisor Clint Hickman’s chief of staff, stated in an email.

“An owner’s obligation to maintain an alleyway can be determined several ways, including their subdivision’s codes, covenants, and restrictions; verbiage on the subdivision’s plat; a subdivision’s homeowners association; and private agreements entered into between owners,” he stated.

The residence side of the alley was repaired not long ago.

“We will have to redo it because the drivers come on our side to avoid the potholes and ruts,” Mr. Murphy said.
The problem has been constant for more than a decade without a resolution.

“I have been here 14 years and this has always been a problem,” Mr. Murphy said.

The alley deterioration is getting worse due to increased traffic, according to Mr. Schill. About one block from his garage door, which faces the alley, is a medical transport business that uses the alley regularly, he added.

“And with people driving on our side even when they are going west, we’re going to have an accident with people backing out of their garages,” Mr. Schill said.

Residents do not want to take the responsibility of maintaining the other half of the alley because they are concerned about assuming liability, according to Mr. Schill. However, there is an option, according to Nicole Moon, Maricopa County Department of Transportation spokeswoman.

“The Association could enter into a maintenance agreement with the entity that manages the other subdivision (if any) and/or the property owners adjacent to the alley,” she stated in an email. “The terms of the agreement could include verbiage that limits liability.”

Another option would be for the various associations adjoining the alley to take ownership of the other half.

“There would need to be a granting entity, which may be the original subdivider of the land and/or their successors,” Ms. Moon stated. “A title agency could help the association ascertain the vesting owner of the land improved as the alley.”

Maricopa County does not own the alley, and therefore has no responsibility for maintenance, according to Ms. Moon.

“The alleys have not been accepted into the county’s transportation system, so therefore are not considered part of the county’s roadway maintenance system,” she stated.