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HomeMy WebLinkAbout96-050 ~0' . 'DEXa{ MICROfiLMED 9606839 BK 268~ PG 575 OFFICIAL RECORDS OF MOHAVE COUNTY, AZ JOAN MC CALL. MOHAVE COUNTY RECORDER 02/07/96 01:37P PAGE 1 OF 6 MOHAVE COUNTY BOARD OF SUPERVISORS REORDIHG FEE 0,00 RESOLUTION NO. 96-50 A RESOLUTION SETTING FORTH AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS FOR ARIZONA WEST, TRACT 1112, IN SECTION 11, TOWNSHIP 23 NORTH, RANGE IS WEST, IN THE MOHA VE COUNTY GENERAL AREA, MOHA VE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on February 5, 1996, a public hearing was conducted to determine whether approval should be granted for an Extension of Time for the above described property to Mr. B. Marc Neal, President, Crescent Land Company, Kingman, Arizona, and WHEREAS, the subdivision is located approximately 15 miles northeast of Kingman and east of the Valle Vista residential development. The site is accessed from Kingman via north on Highway 66. Access to the subdivision is from Highway 66 via west on Buckboard Drive, and WHEREAS, the surrounding land uses consist of single-family homes and vacant land, and WHEREAS, the subdivision, recorded in 1971, consists of80 acres subdivided into 256 single- family residential lots ranging from 7,070 square feet to 21,405 square feet, and WHEREAS, water for the development is provided by the Truxton Canyon Water Company, electric power by Mohave Electric Cooperative. telephone by Citizens Utilities Company, sewage by individual on- site septic systems, fire protection by Valle Vista Fire District, and solid waste disposal by Mohave Sanitation. and WHEREAS, a letter dated October 10, 1995, from Mr. Neal requests that "a one year extension of time be granted for the completion of improvements within the. . , subdivision," and WHEREAS, the Final Plat for this tract was approved by the Mohave County Board of Supervisors on June 7,1971, and recorded on June 8,1971. The final approval was granted based on the understanding that the declared improvements, lot staking and monument setting, street construction and water distribution system be completed within one year from the date of recordation, and WHEREAS, by 1972 the construction of the required improvements was not completed and the subdivision was voluntarily withdrawn from the market, and . . PAGE 20Ft;" BK 268~ PG 576 FEE~9606839 . RESOLUTION NO. 96-50 Page 2 WHEREAS, in 1980, Kingman West Corporation requested that the subdivision be reactivated to sell improved lots; however, improvements were not made nor homes constructed, and WHEREAS, in 1985, Mr. B. Marc Neal purchased the tract from his father, the original subdivider, for the purpose of raw land sales. He proposed to upgrade the water system, and the staking of lots and roadways to county standards, and 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 ofland in Sections 14 and 15, Township 22 North, Range 17 West as assurances for the required improvements in Arizona West Subdivision. Three ofthese parcels are now being offered as assurances, and WHEREAS, the following statements were 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 fmal 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." "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-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 ofB. Marc Neal," and WHEREAS, the first Extension of Time was granted on January 13,1988, per P&ZC Resolution No. 88-009. The second Extension of Time was granted on January 11, 1989, per P&ZC Resolution No. 89-018. The third and fourth Extensions of Time were granted on February 4,1991, per BOS Resolution No, 91-053. The fifth Extension of Time was granted on February 3,1992, per BOS Resolution No. 92-043. The sixth Extension of Time was granted on March 8,1993, per BOS Resolution No. 93-066. The seventh Extension of Time was granted on May 2,1994, per BOS Resolution No. 94-015. The eighth Extension of Time was granted on December 5, 1994, per BOS Resolution No. 94-434, and WHEREAS, Article 3.10 states, "Upon application to the Commission and prior to the expiration of the time limit, extensions in increments of one year may be granted by the Board if the subdivider is actively processing the Final Plat. If such action is not taken then all proceedings relating to the plat shall be terminated," and RESOLUTION NO. 96-50 Page 3 " . . PAGE 3 OF 6 BK 268~ PG 577 FEE~9606839 WHEREAS, this will be the ninth Extension of Time, and WHEREAS, the following are Findings of Fact for the above captioned item: a. All notices have been advertised and posted according to regulations. b, The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain, c. This request for an Extension of Time is not adequately addressed with the Extension of Time Policy given this subdivision's development history. d. Only minor action has been taken by the developer to substantially finish the project in the past year, namely applying gravel to the road surfaces, However, Mr. B. Marc Neal met with staff from Planning and Zoning as well as Public Works on January 3, 1996, to develop a phasing plan to complete the capital improvements of this subdivision, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 10, 1996, the Commission recommended APPROVAL for Extension of Time subject to the following: 1. Compliance with all conditions ofBOS Resolution Nos, 94-434 et al. and P&ZC Resolution Nos, 70-359, 70-360, 70-387, 88-009 and 89-018. 2. Renewal of the State of Arizona Department of Real Estate's Public Report for this subdivision, 3. The applicant shall continue to keep all parcels of land held as assurance for the completion of improvements within Arizona West, Tract 1112, free of liens and encumbrances. 4. Mr. B. Marc Neal, the Planning & Zoning Department and Public Works have developed a phasing plan, based on a January 3. 1996, meeting, to provide appropriate capital improvements to Arizona West, Tract 1112. The phasing plan, shown in Exhibit A, will be accompanied by a construction schedule for each improvement type and shall meet with the satisfaction of the County Engineer. 5. Phase 1, comprised of Blocks D, E, F, and G, to be completed by December 16, 1996, shall include completion of all utilities and construction of roads as follows: a. Apache Drive from Diamond Bar Avenue to Highway 66, b. Bridlebit Avenue from Cattle Drive to Apache Drive, c. Buckboard Drive from Diamond Bar Avenue to Highway 66, d. Cattle Drive from Bridlebit Avenue to Diamond Bar Avenue, e. Cowbelle Avenue form Cattle Drive to Apache Drive, and f. Diamond Bar Avenue from Cattle Drive to Apache Drive. . . PAGE ~ OF 6 BK 2684 PG 578 FEE~9606839 . RESOLUTION NO. 96-50 Page 4 6. Phase II, comprised of Block C, shall include completion of all utilities and construction of Arrow Avenue from Buckboard Drive to Apache Drive. 7. Phase III, comprised of Block H, shall include completion of all utilities and construction of roads as follows: a. Arrow Avenue from Cattle Drive to Buckboard Drive, and b. Cattle Drive from Bridlebit A venue to Arrow Avenue. 8. Phase IV shall include completion of all utilities in Block B. 9. Phase V, comprised of Block I, shall include completion of all utilities and construction of Cattle Drive from Arrow Avenue to Highway 66. 10. Phase VI, comprised of Block A, shall include completion of all utilities and construction of Arrow Circle. 11. Each lot will have individual utility service as provided in the capital improvement plans. 12. The roads shall be constructed of native material reasonably free of vegetative matter, lumps, or balls of clay or other deleterious matter, 40 feet wide, of which the center 24-foot travel lanes shall be constructed with a two percent crown by scarifYing to a minimum depth of 6 inches, removing all rocks greater than 3 inches in diameter, and regrading and recompacting to a minimum of 90 percent of its maximum density; also, to include pavement and rip-rap on grade wash crossings for the north/south roads along the south project boundary. 13. Phases II through VI may be done in non-numeric sequence and may require that additional Extensions of Time be granted to the developer for their completion. 14. As each phase is completed to the satisfaction of the County Engineer, the developer will petition the Board of Supervisors to accept the roads for maintenance. 15. This Extension of Time will be in effect until December 16,1996, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, January 21, 1996 and posted on January 19, 1996, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. . . ~AGE 5 OF 6 BK 2684 PG 579 FEE096068J9 RESOLUTION NO. 96-50 Page 5 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on February 5, 1996, APPROVED this Extension of Time as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS ATTEST: J-<%u1/~' ~// ) S~-~tanderfer, Chairman <.aI'7 PAGE 6 OF 6 ~K 84 PG 580 FEE~9606839 ~ ~;;;J 0Zf0\ . 'l.- ~~/ I 4Ii~ : ...... ' ,1\ . . :, ~ \ '(1\' 'J, " /0 ,"~/ - 3 , ~ .:/ ~ \~ g I , * .. ..,' 'r \~'4 :8 ~ ~ 'OD< , II 'j Q 11 'lo ' .- APACHE lOR. . 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