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Home My WebLink About92-185 ~ ( V5J7 'i . .EY'-~ ~jreCRU~ 3 '::92- 29485 BK 2059 PG 186 OFFICIAL RECORDS OF MOHAVE COUNTY AZ. *jOAM McCALL, MOHAVE COUWrf RECORDERi 06/02/92 1:45 P.N. PAGE i OF 5 HOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 Ne RESOLUTION NO. 92-185 A RESOLUTION SETTING FORTH THE PARTIAL ABANDONMENT OF PARCEL "T", A PUBLIC UTILITY AND DRAINAGE EASEMENT IN PEBBLE LAKE, TRACT 1189-B, SECTION 34, TOWNSHIP 19 NORTH, RANGE 22 WEST, LOCATED IN THE SOUTH MORAVE VALLEY AREA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 1, 1992, a public hearing was conducted to determine whether approval should be granted to the Pebble Lake Property Owners Association of Bullhead City, Arizona, for the partial abandonment of Parcel "T", a public utility and drainage easement in PEBBLE LAKE, Tract 1189-B, located in Section 34, Township 19 North, Range 22 West, with Parcel "T" having frontage on Stony Drive, in the South Mohave i 1 1 i , i I 1 I I I I 1 . 1 ~ :j "I 1 j I 1 Valley area, and WHEREAS, this abandonment is located in Pebble Lake Unit II, Tract 1189-B. The subject property is a portion of Parcel T which is approximately one-quarter (.25) mile south of Joy Lane on Highway 95, west on Chaparral Road one-half (.5) mile then south on Stony Drive approximately 1200 feet to Parcel T. The applicants are requesting the public utility easement and drainage easement of a portion of Parcel T (approximately 8,500 square feet) be abandoned so that this parcel may be utilized for residential purposes. The applicants, in the past, have pursued " , j I 'l I '\ I i 1 'j 1 ,., 1 i -, 1 'J I ,1 ::1 j -,~,.- ,~. , ! .. . . Resolution No. 92-185 Page 2 PAGE 2 OF 5 BK 2059 PG 187 (FEE~92-29+85) a parcel plat in conjunction with this request. As provided by Mohave County Subdivision Regulation 6.9-3, the applicants have provided a petition for an abandonment, and WHEREAS, this item was first brought before the Planning Commission on December 12, 1990. The following was staff's recommendation: Staff recommends this item be CONTINUED to the January 9, 1991 meeting for the following reason: 1. The original intent of this abandonment was to facilitate a parcel plat under review. The parcel plat has been denied and the applicant has not yet contacted staff in regard to their intentions of the abandonment action. A letter from this department to submitted the parcel plat indicated has yet to be addressed. An excerpt December 5, 1990, is as follows: the surveyor who was a major concern which from the letter, dated Due to the following reason, it is the decision of the Planning and Zoning Department that this parcel plat cannot be processed further. The Declaration of Restrictions (referenced and recorded of Book 485, Page 817, Book 487, Page 420, and Book 485, Page 828, Book 487, Page 431) specifically states that "None of said lots shall be conveyed in less than the full original dimensions as shown by the recorded plat of said subdivision " . .. . Prior to the recordation of the Declaration of Restrictions this paragraph did read "None of the said lots except Parcels P, Q, R, S, and T shall be conveyed in less than the full original dimensions...". The exception portion of this paragraph was deleted by the owner/developer of this tract, Gilbert H. Beck, prior to the recordation of the Declaration of Restrictions. This was done at the request of the Planning and Zoning staff specifically so that these parcels could not be split and sold off. Therefore, it is our position that Parcel T of the Pebble Lake Subdivision Tract 1189-B cannot be split through a parcel plat. . . Resolution No. 92-185 Page 3 PAGE 3 OF 5 BK 2059 PG 188 (FEEt92-29485) Please advise our office if you would still continue processing the requested abandonment with the above referenced parcel plat." like us to correlating WHEREAS, the item was Tabled at the January 9, 1991 meeting, and WHEREAS, in a letter to the County Manager dated January 10, 1991, the staff member also indicated that, "I discussed this matter with Bruce MacArthur of the County Attorney's office, and he advised we discontinue both actions regarding the above property. " The Pebble Lake Homeowners Association President, ~) Paul Linden, requested this item be reevaluated and, reconsidered. The Planning staff reevaluated the request after the applicant fulfilled certain requirements. Mohave County Subdivision Regulations Article 1.11 indicate specific procedures need to be followed to process this request. Any "change shall be approved by the Board of Supervisors by the same procedures, rules and regulations as for a subdivision." The Planning staff received a stamped and signed letter from a local engineer, Mr. Jack Stovall, indicating: "Based on this information (the proposed parcel plat, original drainage report and his subsequent calculations) the parcel plat as submitted will make no difference in the drainage pattern of Pebble Lake No.2." The County Engineer has given his approval on this split contingent .-'1 upon fulfilling parcel plat requirements, and . . Resolution No. 92-185 Page 4 N-JOS'f If' '8'7 WHEREAS, as stated above there exists i~~<tEh~o~~a~t~!.l92-f?194g5) Restrictions a stipulation that no lots shall be conveyed in less than full dimensions. In conversation with the County Attorney's office the following was addressed. The County Planninq ~ Zoninq Department is not bound ~ and does not enforce CC&R's, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on May 13, 1992, the Conunission recommended conditional APPROVAL of the requested partial abandonment with the applicants understanding and accepting the following conditions: 1. L ~ ~~; ~~ The County Attorney's office has indicated that the county is not bound ~ CC&R's. However, this approval does not prevent ~ property owner from pursuinq leqal action to enforce the CC&R's for this tract. 2. A written agreement be developed between the Pebble Lake Homeowners Association and the Pebble Lake water Company regarding access to the water company's site. A copy of this agreement shall be submitted to Commission Staff for reference. 3. Any other affected utilities indicate written approval of this request. 4. NOTE: The abandonment take place upon recordation of parcel plat creating a residential lot from abandoned portion of Parcel T. the the 5. The zoning for this created lot shall be R-O with all standard R-O regulations. THE FOLLOWING ITEMS APPLY TO PARCEL PLAT REQUIREMENTS. 6 . Submittal and recordation of a Parcel Plat prepared in accordance with Article 3.16 of the Mohave County Subdivision Regulations. 7 . This parcel shall meet or exceed six thousand (6,000) square feet exclusive of road easements or rights-of- way. I j I 1 1 j J j j j j :~; '" .1 1 :.1 I 1 1 1 '1 i ; ..j :, ''''i -.j j .j ;-t :1 A "1 e_ ; '"~ I .1 1 ,I . .- ... Resolution No. 92~5 Page 5 . 8. The establishment of a minimum lot size based on the size of the parcel per the recorded Parcel Plat. 9. The Parcel Plat shall show any surface drainage or FEMA flood zones. 10. No building/zoning/environmental permits issued until after Parcel plat recordation. shall be 11. The following are comments from Public Works: "It is our recommendation the abandonment be conditional to the following concern: Comments 1 and 3 of this Department's December 6, 1990 Parcel Plat review letter (attached) need to be addressed to the satisfaction of the County Engineer." "1. The record reference for the subdivision plat Tract 1189-B must be shown of the plat 3. How is the 30' wide access easement to be created? Just showing it on this plat does not create it. It must be created by separate instrument, in which case the record reference must appear on this plat, or by granting on this plat which would require an owners statement and acknowledgment be added to the parcel plat." WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on May 17 and 24, 1992, and in the Mohave valley News, and posted May 15, 1992 as required by Arizona Revised Statutes, and the Mohave County zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, June 1, 1992 APPROVED this an additional lot as recommended by Planning and Zoning Commission and outlined MORAVE COUNTY BOARD OF SUPERVISORS ,~~ //~~,/ Lois J. Hubbard~Chairman PAGE 5 OF 5 BK 2059 PG 190 (FEE~92-29~85)