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HomeMy WebLinkAbout94-041 ), ';>r /~ .'.. r'.'J I . . i #~ lNDEXW MICROFILMED " oilo94- 6869 BK 23$1 I'G 83~ OFFICIAL RECORDS OF HGKAVE COUNTY AI. *JOAN NoCALL; HOHAVE COUNTY RECGROER* 02/03/94 2130 P.~. PhGE 1 OF 3 ~OHAVE COUHTY BOARD OF SUPERVISORS RECORDING ~EE C.OO NC ",". ,."." :- . . ::..,~~ RESOLUTION NO. 94-41 A RESOr.UTION SETTING FORTH APPROVAL OF AN AMENDMENT TO BOS RESOLUTION NO. 92-60 WHICH CONDITIONALLY APPROVED A REQUEST FOR ABANDONMENT OF l651. 63 FEET OF THE EXISTING 42-FOOT ROADWAY IN SECTION 25, TOWNSHIP 19 NORTH, RANGE 22 WEST, LOCA'rED IN THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNT!, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on February 1, 1994, a public hearing was conducted to determine the approval of an amendment to BOS Resolution No. 92-60, and WHEREAS, the purpose of this request is to clarify the status of the existing public utility easements in the roadway abandoned by Resolution No. 92-60. The request came from the Law Offices of Gurtler, Kelley & Taylor, who represent Bermuda Water Company, Inc. New language is BOLDED, and /",',:~',..;\ WHEREAS, a letter dated April 23, 1993, addressed to Mr. Bruce McArthur, Mohave County Attorney's Office, was faxed to Mohave County Planning and zoning on September 7, 1993. In the letter, Jamie Kelley, Attorney at Law, states: "This office represents Bermuda Water Company, Inc. They are the public utility providing water service to the Mohave Mesa area. In the course of rendering other legal services to Bermuda Water Company, Resolution 92-60, a copy of which is enclosed herewith, was brought to our attention. This resolution abandoned a 42-foot dedicated right-of-way along the northern boundary of Section 25, a portion of which has been subdivided as Mohave Sun Valley Airport. During the abandorunent process, Bermuda Water Company expressed concerns as to the status of their easement in the event that the roadway was abandoned. A copy of the letter which was sent to Mr. Neblett during this process is enclosed herewith. Bermuda Water Company has an 8-inch water main and a 16-inch water transmission line in this easement. The lines are an essential component of Bermuda Water company's distribution system. Resolution No. 92-60, at paragraph 3, states that the portion of the utility easement which runs along the northern border of this section shall remain. This office is of the opinion that Bermuda Water Company PAG~ 2 OF BK 2351 PG ~ ~ 315 (FEE~9+- 6369) Page 2 ,r . . ..,. - RESOLUTION NO. 94-41 .,:,J does, in fact, possess an easement across the northern 42 feet of Section 25 in which the 8-inch water main and the 16-inch water transmission line are situated based upon this language. However, due to difficulties which they have been experiencing with property owners in this area, Bermuda Water Company is requesting that Resolution 92-60 be clarified to specifically state that the public utility easements in the 42-foot area remain.", and WHEREAS, because the road was abandoned and there were no designated public utility easements, there is no recorded documentation of the location (PUE) of the water lines. Bermuda Water Company is recording the loc~tion of their water lines (As- Buil t plans) so that a l6-foot PUE will show on the Assessor' s maps, and WHEREAS, in a letter dated October 27, 1993, Jamie Kelley suggested that the following condition be added to the original resolution. Condition Nos. 5 and 6 clarify the status of the existing easements and should resolve the conflicts with property owners in the area, and ..,t' "., .., :~~ ",,,';,;,- WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held March 9, 1992, a public hearing was conducted to determine whether approval should be granted to Mohave Sun Valley Corporation of San Diego, California, for abandonment of 1651.62 feet of the existing forty-two (42') foot roadway beginning at the northeast corner of Section 25, Township 19 North, Range 22 West in the South Mohave Valley area, and WIIEREAS, the subject property is located one and three quarters (1.75) miles east of Highway 95 along the section line which runs between Sections 24 & 25 in Township 19 North, Range 22 West. More specifically, the right-of-way runs approximately nine hundred (900') feet west from the northeast corner of Section 25, and WHEREAS, this abandonment is related to the recorded final of the Mohave Sun Valley Airport, Tract 4043. The Board of Supervisors approved this project on June 6, 1986. It was recorded on November 20, 1986. The recorded final plat depicts a forty-two (42') foot dedicated right-of-way along the northern boundary of this project. The dedication was requested because, at that time, EI Rodeo Road was scheduled to extend east along the section line. However, the steep topography of this area caused the alignment to vary north of this recorded project, and ~.~ 1"':'''1 6. The As-Built location of the Bermuda Water lines shall be recorded with the Mohave Recorder-s Office as a public Utility Easement. Company county .... .f"'" ,I . . ..... RESOLUTION NO. 94-41 PAGE 3 OF 3 ~K 2351 PG 836 (F~E~9~~ 6869) Page 3 WHEREAS, at the public hearing before the Mohave County Planning Commission on January 12, 1994, the Commission recommended conditional approval of the request to amend Resolution No. 92-60 subject to the following conditions with the new language BOLDED: 1. Proper turnarounds shall be provided for traffic in the areas adjacent to Lots I and 4 of Block 5. 2. Proper signage indicating no outlet shall be erected. 3. That portion of the utility easement which runs along the northern border of t~is section shall remain. 4. That the abandoned right-of-way shall accrue to the adjacent property owners which are south of the section line. 5. It was the intent of Condition No. 3 above th(lt the portion of the right-of-w(lY currently occupied by a Franchised Utility will remain subject to those utility easements provided for by the Board of Supervisors under a Franchise Agreement duly entered into by the County with a certified public utility. ....,.">.. '" '- WHEREAS, notice of hearing has been met and published throughout this subdivision process as required by Arizona Rev ised Statutes and Mohave County Regulations, and the public was afforded notice of this action through advertisement of the Board of Supervisors meeting for this date. NOW THEREFORE BE IT RESOLVED, at their regular meeting on conditionally approved the request as reconwended by the Mohave Commission and outlined herein. that the Board of Supervisors, Monday, February 1, 1994, to amend Resolution NO. 92-60, County Planning and Zoning .,,','. r:... :.~.,\ , ' -0-/' MOHAVE COUNTY BOARD OF SUPERVISORS ~Vf1/V\ G, 1/0 IflAt -s__ t-anderler,-~i:rmarr---- Joan C. Ward, Chairman ,)