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HomeMy WebLinkAbout88-087 b~ I I I J&b~ RESOLUTION NO. 88-87 PUBLIC ROJ~ RIGHT-OF-WAY ABANDONMENT: A PORTION OF 2ND s'rREET NORTH ADJOINING LOT 298 IN WILLOW VALLEY ESTATES '10, MO!EfA VE COUNTY, ARI ZONA The Board of Supeddsors met. this lst day of November, 1988 in a regular session pursuant to the call of the Chairman in which all members joined, and WHEREAS, the Board of Supervisors, at their regular meeting on Monday ,July 25, 1988 acknowled<:jed receipt of the pet:L tion signed by eleven (11) resident: tax-payers of Mohave County requesting that Mohave County abandon the portion of 2nd Street North adjoining Lots 275, 297 and 298, and WHEREAS, the Board referred this matter to the Planning and Zoning Commission for review a.nd a :recommendation in accordance with Article 1.12 of the Mohave County subdivision Regulations, and WHEREAS, in March, 1964, 2nd Street, an east-west street, was dedicated as a public right-of..'way on the final plat for Willow Valley Estates #10, and WHE:REAS, 2nd Street, west of Quail Drive between Quail and Center, is divided into 2nd Street North and 2nd Street South as it goes around a des ignated well si te. These portion of 2nd Street have a thirty (30') foot right-of-way, and WHEREAS, Lot 298 fronts along three (3) streets and is on the northwest: corner of the intersection of Quail Drive and 2nd Street, and WHEREAS, Dean Holder, owner of Lot 298 is abandonment of a portion of 2nd Street North constructed a patio \ii/all. approximately five (5') road right-of-way, and requesting because he feet into the has this WHEREAS, Citizens Rural Company has to the presence of cables in the uti lit i e !:: indicated that they object to this request due existing right-of-way, and WHEREAS, this aba.ndonment request has been evaluated by the Planning and Zoning Co~mission in accordance with Article l.12 of the Mohave County Subdivision Regulations and their findings submitted to the Board of Supervisors in resolution Pc5,ZC: 88-l71, and WHEREAS, the Planning and Zoning Commission recommended conditional approval of the abandonment of only that portion of 2nd Street North adjoining Lot 298 where the patio encroachment exists subject to the owner of Lot 298 having the property surveyed depicting the specific portion of the right-of-way to be abandoned, and WHEREAS, the notiCE! of public hearing was published in the Mohave Daily Miner, a newspaper of general circulation in the County Seat and the Mohave Valley News on October 17 and 24, 1988 and was posted on October 17, 1988 as required by the Arizona Revised Statutes and the Mohave County Zoning Ordinance, and :~~~1525 ;~,' :409 I I I RESOLUTION NO. 88-87 PAGE TWO WHEREAS, the Board of Supervisors may vacate or abandon streets t.o which the County may have received title as per A.R.S. 18-210 and A.R.S. 28-1902 and P,rticle 1.12 of the Mohave County Subdivision Regulations, and \'lHEREAS, the Board of Supervisors may cause easements to be reserved for electr ic, tE~lephonE! or s imi lar appurtenances as they existed prior to the disposal or abandonment as per A.R.S. 28-1903, and WHEREAS, in accordance with A.R.S. 28-1902 and 28-1903 title to the vacated roadway shall VE!st in the owners of the abutting land, and WHEREAS, A.R.S. 28-1902 A through E prescribes the manner in which the vacated right-of-way is to accrue to the adjoining owners, and NOW THEREFORE, be it resolved that the Board of Supervisors hereby abandons the portion of 2nd Street North adjoining Lot 298 as recommended by the Planning and Zoning Commission, and NOW THEREFORE, be it further resolved that th,e Board of Supervisors instructs the Clerk of the Board to record this resolut ion wi th the COLlnty Recorder upon receipt of the survey evidence that all owners abutting the vacated agreed to the distribution of the reverted plat and written right-of-way have aCI"eage. MOHAVE COUNTY BOARD OF SUPERVISORS "...-----........." //'; / /, .- / C ,0" ATTES,]~ : M1CROl'\lMW INDEX MISCELLANEQUI PROOFED ,,1' )1 'I ., ", I, " ,,' ( '1 I'"~ ~'~~I~..'/,-", /,....,., ' :~d, f~t.<..--:l-b' "~{-.2-~U'i( Pa t che;st:2l'frd, r~~erk r >, ,_ .~<, ..! / ~ ; " :f Ff:t: . 89-12482 RECORDED IN OFFICIAL RECORDS OF MOHAVE COUNTY, ARIZONA MAR 2 1 '89 -4:!2 PM :J-,. of(fIl!Jl. County Iltecorder feE PGS " :.~5;; '. " "', \r .\ I,jl' BOO~ 1525 ff.H 410