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Home My WebLink About94-015 ~ \ ~\P -~...., :,. ~ :, ~ii;; (":;;~ , ' , '.I.:.,.. ';"~ ':,..~ ("0;1 ......:.-' . . 7 "5;;~ ~'1V INDEXED OOClltlFltMED '='94- 271.6:1 ~,K23Y9 for; He OffICIAL RECORDS OF nOHAVE COUNTY AZ, IJOAH McCALL. MOHAVE COUNTY RECDROER<< OS/04/9~ 1=00 P.r.. PAGE 1 OF 4 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING fEE 0,00 NC RESOLUTION NO. 94-15 A RESOLUTION SETTING FORTH APPROVAL OF AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS FOR ARIZONA WEST, TRACT 1112, BEING A PORTION OF THE N~ OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 15 WEST, LOCATED IN THE NORTH KINGMAN AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held May 2, 1994, a public hearing was conducted to determine whether approval should be granted for an Extension of Time for the approved Preliminary Subdivision Plan of Arizona West, Tract 1112, and WHEREAS, the owner/developer of this subdivision is B. Marc Neal, dba Crescent Land Company, Kingman, Arizona, and WHEREAS, this subdivision is located approximately 15 miles northeast of Kingman on Highway 66. Access to the subdivision is via Highway 66, and WHEREAS, this subdivision contains approximately 80 acres subdivided into 256 lots. The lot sizes range from 7,070 square feet to 21,405 square feet, and WHEREAS, the water is supplied by Truxton Canyon Water Company, electric power by Mohave Electric Company and telephone by Citizens Utilities Company. Sewage disposal is by individual on-site septic systems. This subdivision is in the Valle Vista Fire District, and Mohave Sanitation provides the solid waste (garbage) disposal to Mohave County Landfill, and WHEREAS, in 1971, the Board of Supervisors approved the final subdivision plan for Arizona West, Tract 1112. This tract was recorded in June, 1971. TJ::lli... final aooroval.",Wi:\S aranted based on the under_?.1;:.?.'19-Jng,.t..hat the declared i.lllp,rovements , lot stakJ.ng: and monuments. street constry.ctJ,QJI.~ and water (l,1.",-yibution svstem be comoleteQ.....R!t.):)),)}. 9D!'l- '" ( l) vear from th",,_ ""date of recordat:(,Qn, and WHEREAS, in 1985, Mr. B. Marc Neal requested of the subdivision. The Board of Supervisors request in December, 1985, and a reactivation approved that RESOLUTION NO. 94-15 PAGE 2 OF ~ 8K 2399 PG i~7 (FEE~9~-27161) Page 2 . . , ..;1 ~.. ,."., WHEREAS, a Deed Of Trust naming Mohave County as Trustee- Beneficiary was recorded by B. Marc Nealon September 10, 1987. This Deed of Trust listed four parcels of land in Sections 14 and 15, Township 22 North, Range 17 West as assurances for the required improvements in Arizona West Subdivision, and WHEREAS, the following statement was made in the text of the Deed of Trust: "It is understood and agreed that such improvements are to be completed within one year of the date of recordation of the final plat unless an Extension of Time is granted by the Trustee-Beneficiary for just cause. "To protect the security of this Deed of Trust Trustor agrees to permit no liens or encumbrances against this property and to appear in and defend any action or proceeding purporting to affect the ownership, title, or Trustors interest in the property. "-":..,;,.<' "I t is mutually agreed that upon default of Trustor in completing the improvements the Trustee-Beneficiary may sell the property and may apply the proceeds of such sale as necessary to secure the completion of improvements. Trustee-Beneficiary does not hereby waive any other remedy it may have against Trustor in order to complete the improvements or recover costs or fees involved in such completion. It is further agreed that upon satisfactory completion of the improvements Mohave County will execute and record a Deed of Reconveyance in favor of B. Marc Neal.", and (:~?}>I WHEREAS, in February, 1988, the Board of Supervisors approved a one-year Extension of Time via Resolution No. 88-9 to December 16, 1988. The second Extension of Time was granted in February, 1989, via Resolution No. 89-18, to December 16, 1989. The third and forth extensions were granted via ReSOlution No. 91-53 to December 16, 1991, The fifth extension was granted in February of 1992 via Resolution No. 92-43 to December 16, 1992. The sixth Extension of Time was granted on March 8, 1993, via Resolution No. 93-66 to December 16, 1993, and r<>~~,,\ ,. :-,"1 " WHEREAS, the hearings regarding Extensions of Time for the completion of the Improvements in this subdivision have been controversial. When the Extension of Time was heard in 1992 there was organized opposition to the granting of the extension by a group of lot owners in Arizona West. This opposition was based upon Mr, Neal's seeming lack of concern regarding the requirement for completion of improvements as required, and the perceived inability of the County to force Mr. Neal to comply with that requirement, and . . RESOLUTION NO. 94-15 PAGE J OF 4 &K 2399 PG 1~8 (FEE~94-27161) Page 3 \' _'..1 '......:,.,.7 WHEREAS, in Neal states: " I the improvements 1994. a letter dated December 16, 1993, Mr. B. Marc am requesting an Extension of Time to complete in Arizona west Subdivision, to December 16, "I have completed approx:imately 50% of the required improvements at th:is time. AS lot sales and improvements are proceeding in an orderly manner, I do not have customers on a waiting list for utilities or roads. "My bond is still in place and does not require any modifications to be effective for another year.", and WHEREAS, the bond referred to by Mr. Neal is the above referenced Deed of Trust, and WHEREAS, a query of the Assessor's records on January 26, 1994, revealed the presence of State tax liens for unpaid taxes on all three parcels delineated by the Deed of Trust, and r?S~~~ , , ."-", WHEREAS, taxes are unpaid for years 1987 and 1988, and the second half of 1993. The total amount outstanding is $1217.78, and WHEREAS, a copy of a notification letter from the Arizona Department of Real Estate to Mr. Neal, dated February 17, 1994, was received by Planning and Zoning on February 18, 1994. The letter revealed that the Real Estate Report for Arizona West Subdivision had expired December 16, 1993. Mr, NeaJ.",. is orohibi~e~ from off~~in9 anv lots f9r sale after this d~te until his Public Reoortis amended, and WHEREAS, this is the seventh Extension of Time for this project, and WHEREAS, at public hearings held on February 9, 1994, and March 16, 1994, the Mohave County Planning and Zoning Commission CONTINUED the requested Extension of Time to allow the applicant time to resolve the following conditions: 1. The submission of an updated Engineer's Cost Estimate for improvements constructed as well as those still to be constructed. This Cost Estimate must be approved by the Mohave County Engineer. 2. The submittal of a Title Report to verify that there are no other liens on the property. rtF!, ., RESOLUTION NO. 94-15 PAGE 4 OF 4 BK 2399 PG 149 (FEE~94-27161) Page 4 . . . - ~ " ..,:...: .' ~, '::'r" 3. An updated appraisal of the value of the parcels specified in the Deed of Trust. This appraisal is to be conducted by a certified appraiser at the expense of the Trustor. WHEREAS, these conditions have now been met, and WHEREAS, at a public hearing on April 13, 1994, the Mohave County Planning and Zoning Commission recommended APPROVAL of the requested Extension of Time subject to the following conditions: 1. Problems with the Arizona Department of Real Estate are to be resolved by amending the Public Report. 2. This Extension of Time will be in effect until December 16, 1994. WHEREAS, notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation, in Kingman, Mohave County, Arizona On April 17, 1994, as required by the Arizona Revised Statutes and the Mohave County Zoning Regulations. ,.i"~~:=:, f!j::~-..: '11 ~"""..... NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, May 2, 1994, APPROVED the Extension of Time for Arizona West, Tract 1112, as recommended by the Mohave County Planning and Zoning Commission, subject to the conditions outlined herein. Mohave County Board of Supervisors (lest; Pat \rHA1, (i!, IA) 4Jtl JoanUC. Ward, Chairman .~ .".i;,,::~~~ -.-....) -,._~'"