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HomeMy WebLinkAbout91-151 \.......- <V ,\. .-"" ~.. , : I , I i '1 ..! } I 1 1 i ! I I I I .1 ..~..~ ':..-:1 . i I :\ I ., ., .' ,-~ i". '.::" I.. -'.~; t'.'~'.;~ j, 1 ~ l >.. ~ ,.;! . 'nAVE ~~~ c(~~ -1- 47268 BK 1939 PG 96 ~ . .;'.......,.. ~\ IFICIAL RECORDS OF MOHAVE COUNTY AZ. a: ~~,~1'1J:i *JOAH NcCALLr MOHAVE COUNTY RECORDER* ~ .~'itf(-~~:L ~ 09/04/91 4:00 P.M. PAGE 1 OF 4 ~. ~- ".. ~~ MOHAVE COUNTY BOARD OF SUPERVISORS ~~~ "RECORDING FEE 0.00 NC RESOLUTION NO. 91-151 A RESOLUTION SETTING FORTH CONDITIONAL APPROVAL OF A REQUEST TO ABANDON THE SOUTHERLY TEN (10') FEET OF A SEGMENT OF THE THIRTY (30') FOOT ROADWAY KNOWN AS PRINCESS DRIVE, LOCATED IN SECTION 5, TOWNSHIP 21 NORTH, RANGE 21 WEST, LOCATED IN THE KATHERINE'S LANDING IN THE NORTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held September 3, 1991 a public hearing was conducted to determine whether approval should be granted to Mike Weddington of Bullhead City, Arizona, for abandonment of the southerly ten (10') feet of a segment of the thirty (30') foot roadway known as Princess Drive, located in Section 5, Township 21 North, Range 21 West, Katherine's Landing, located in the South Mohave Valley, and WHEREAS, Katherine's Landing is located approximately 2 miles north of Bullhead City's northern city limits and lies within the Lake Mead National Recreation Area. Princess Drive is accessed via Highway 95 approximately .5 miles east of the Nevada Border, thence north approximately 2 miles to an unnamed junction thence north approximately .5 miles to Katherine Drive thence east approximately 600 feet to Princess Drive, and r" ' .. . .Resolution No. 91-151 . Page 2 pA 2 OF 4 B~1939 PG 962 (FEE~91-~7268) .- WHEREAS, the applicant is seeking this abandonment as a resul t of a zoning violation. The applicant was sited for building in the setback area and after conducting a survey discovered he had built two (2') feet into the roadway. Princess Drive is a sixty (60') foot roadway and at this time is not utilized as a roadway. The section under evaluation is approximately ninety (90') feet long. The maps indicate Princess Drive is connected to a County Road however field inspection by the Commission staff reveals the County Road is not improved at this time and is in fact a ditch for drainage. The applicant is seeking this partial abandonment to acquire enough square footage to regain a side yard setback, and l l. .~ WHEREAS, this item was continued at the March 13, 1991 meeting as there were some concerns raised by the surrounding property owners as to the equity of the applicant "getting acreage for free" and future need of this roadway. Commission Staff contacted the County Attorney and Public Works Department to get further input regarding this case, and WHEREAS, the County Attorney's office indicated there in no mechanism available to require the applicant to pay for the square footage obtained from this abandonment. In addition it was suggested that from a safety standpoint it would be prudent C~ to abandon the entire roadway except for provision of a PUE. LJ Public Works concurs with this opinion, and .... ~ ..11 '; I I I I ! i I I I ,,_~,J " i r-~i I ., lJ r--r.-..... '., ::-:.] hf:j U1 '."1 ./ - . Resolution No. 91-151 . Page 3 . WHEREAS, in addition, the Commission staff has contacted the Lake Mead National Recreation Superintendents office. Information from that office indicated that further private development in the area directly south of this subdivision is not planned for and would not be permitted. Therefore, the purpose of this roadway may no longer be valid, and WHEREAS, the County Attorney's office recommended the entire thirty (30') foot Princess Drive road right-6f-way between Lots 9 and 30, Katherine Resort Lands subdivision be, abandoned with the remainder to be processed under a separate action. The Commission would also point out that the Board did note the Assessors Book reference in the petition was incorrect but that the intent of the petition was not affected and the resolution shall note the correct reference is Assessors Book 307 not 317, and WHEREAS, a public hearing before the Mohave County Planning and Zoning Commission on May 8, 1991 did generate a recommendation of APPROVAL of this abandonment with the following conditions noted: 1. The square footage from this abandonment shall accrue to Lots 9 & 30, Katherine Resort Lands subdivision. 2. After approval of the separate action to abandon the remainder of this portion of Princess Drive the square footage from this roadway shall have been divided equally (via the centerline) between the above mentioned lots as specified per A.R.S. 28-1902. PAGE 3 OF 4 BK 1939 PG 963 (FEEt91-~7268) . ,~ '. l I 'I 1 1 --'-, , i , I .....4 I ., , 1 t i L i" (,J t, ." \ ''':i I ':i --"-' Resolution No. 91-151 . Page 4 , 3. The Board of Supervisors accept the dedication of a sixteen (16') foot PUE along the centerline of the abandoned Princess Drive for future utility access, through the approval of the resolution authorizing the abandonment, and that the granting statement and granting be shown on a document acceptable to the Public Works Department. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on May 19 and 26, 1991, and posted May 17, 1991 as required by the Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Tuesday, September 3, 1991 approved this abandonment request as recommended by the Mohave County Planning and zoning Commission, subject to the condition outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS ~~.y~ Lois J. HubbaPd, Chairman PAGE 4 OF 4 BK 1939 PG 964 (FEEt91-47268)