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HomeMy WebLinkAbout94-434 'J o~ .lV . . 2 3 1dOfIU6t>> INDEXED f '" ~w.~ _. ... ...?'" _*t;' ,'0 _~ - 604- 7 :128B sr. 2..99 PG 92~ OffICIAL RECORDS OF "OHAV( COUNTY AZ. *JOAH "(<CAlL, nOH/WE CDUHTY f<E(:ORDEB~ 12/08f9~ 11:30 A.N. PAGE 1 Of ~ HOHAVE COUNTY BOARD OF SUPERVISORS ~ECCRDING fEE 0.00 NC RESOLUTION NO. 94-434 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 NJ,j OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 15 WEST, LOCATED IN THE NORTH KINGMAN AREA, MORAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the MOhave County Board of Supervisors held December 5, 1994, a public hearing was conducted to determine whether approval should be granted for an Extension of Time for the completion of improvements for Arizona West, Tract 1112, and WHEREAS, the owner/developer of this subdivision ~s B. Marc Neal, dba Crescent Land Company, Kingman, Arizona, and WHEREAS, this subdivision ~s 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. 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 Utili ties Company. Sewage disposal is by individual on-site septic systems. This subdivision is in the Valle Vista Fire District, and Mohave Sani tation 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. The final approval was granted based on the understanding that the declared improvements, lot staking and monuments, street construction, and water distribution system be completed within one year from the date of recordation, and WHEREAS, in 1985 Mr. B. Marc Neal requested a react~vation of the subdivision. The Board of Supervisors approved that request in December 1985, and RESOLUTION NO. 94-434 Page 2 '. . . PA6E 2 Of 3 BK 2~99 PG 923 (F~E;94-71288) 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 Sect1.ons 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 with1.n 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 permi t no liens or encumbrances against this property and to appear in and defend any action or proceeding purporting to affect the ownership, tit1e, or Trustor's interest in the property. "It 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-Benefic1.ary 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 1.8 further agreed that upon satisfactory complet1.on of the improvements Mohave County will execute and record a Deed of Reconveyance in favor of B. Marc Neal.", and 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 si~th Extension of Time was granted on March 8, 1993, via Resolution No. 93-66 to December 16, 1993. BOS ReSOlution No. .94-15 granted the seventh Extension of Time effective until December 16, 1994, and WHEREAS, in a letter dated October 3, 1994, Mr. B. Marc Neal requested a one-year Extension of Time for the completion of improvements within the Arizona west subdivision, and WHEREAS, a subsequent telephone inquiry by staff of Mr. Nealon October 4, 1994, revealed that there has been no further construction on improvements since the last Extension of Time was granted, and RESOLUTION NO. 94-434 Page 3 . .. . . P~GE J OF 3 BK 2~99 PG 92~ (FEEt9~~712B8) WHEREAS, taxes on the three parcels held by Mohave County as Assurances for Ar~zona West have been paid and are current, and WHEREAS, ~f granted, this will be the eighth Extens~on of Time for this project, and WHEREAS, at a public hearing on November 9, County Planning and Zoning COmmission recommended requested Extension of Time subject to the following: 1994, the Mohave APPROVAL of the 1. The applicant Shall continue to keep current taxes paid on Parcel NOS. 309-08-038, 309-08-027, and 309-50-002 (land held as assurances for the completion of improvements within the Arizona West subdivision, Tract 1112) and keep them free of liens and encumbrances per the Deed of Trust agreement with Mohave County. 2. This Extension of Time will be in effect until December 16, 1995. WHEREAS, the not~ce of hearing was published in the Kingman Daily Miner, a newspaper of general circulation, in Kingman, Mohave County, Arizona on November 20, 1994, as required by the Ar~zona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the BOard of Supervisors, at their regular meeting on Monday, December 5, 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. Attest: Mobeve County Board of Supervisors ~a~d, (&:!~ "