HomeMy WebLinkAbout96-146
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9625992 BK 2730 PG 943
OFFICIAL RECORDS OF MOHAVE COUNTY, I
JOAN I1C CALL, MDHAVE COUNTY RECORDEf
0~/13/96 01 :51P PAGE 1 OF 3
MOHAVE COUNTY BOARD OF SUPERVISORS
RECOROING FEE 0.00
RESOLUTION NO. 96-146
A RESOLUTION SETTING FORTH AN EXTENSION OF TIME OF THE APPROVED
PRELIMINARY SUBDIVISION PLAN OF PALM ESTATES II, TRACT 4104, AND AN
EXTENSION OF TIME FOR THE ABANDONMENT OF ROADWAYS AND EASEMENTS AND
THE ABANDONMENT-REVERSION TO ACREAGE OF PORTIONS OF RIO HACIENDA,
TRACT 1224, BEING A PORTION OF SECTION 14, TOWNSHIP 19 NORTH, RANGE 22 WEST,
IN THE SOUTH MOHA VE VALLEY AREA, MOHA VE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on May 6,
1996, a public hearing was conducted to determine whether approval should be granted for an Extension of
Time as requested by Don Matuzak of M&L Properties, Bullhead City, Arizona, for the above described
Preliminary Subdivision Plan, and for the accompanying abandonment-reversion to acreage of Rio
Hacienda, Tract 1224. M&L Properties is the new owner of Phase B of Tract 4104. The engineer of record
is Burton Engineering, Inc. of Bullhead City, Arizona, and
WHEREAS, the subdivision is located less than one mile south of Bullhead City, east of State
Highway 95, and northeast of the corner of Camp Mohave Road and Calle Del Media. The Preliminary Plan
depicts 27 acres subdivided into 82 single-family lots, and
WHEREAS, the developer of the project has indicated in a letter dated March 4, 1996, that an
Extension of Time is being requested based on the following: "M&L Properties, an Arizona General
Partnership, is the record owner of the parcels which are the subject of the requested extension. M&L
Properties has only recently acquired the parcels as a result of a loan default one step back in the line of
title...M&L Properties is actively marketing this property and hopes to not have to finish the subdivision;
however, because the engineering as approved by Mohave County Engineering, Mohave County Planning
and Zoning, and Mohave County Board of Supervisors, does at least appear to blend in thoughtfully with
adjoining subdivisions, it does make some sense to us to maintain the viability of the proposed subdivision
while awaiting sale. As we understand it, allowing this subdivision to lapse would cause it to revert to 7 or
8 one-acre lots which, while these may provide a greater net profitability for us, these may not blend that
well with the adjoining single family 8,000 square foot lots.", and
WHEREAS, the Preliminary Plan for this tract was approved by the Mohave County Board of
Supervisors on April 2, 1990, per BOS Resolution No. 90-80, and
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PAGE 2 OF 3
BK 2730 PG 944 FEE~9625992
RESOLUTION NO. 96-146
Page 2
WHEREAS, Board of Supervisors Resolution Nos. 90-312 and 90-313, approved on November 5,
1990, provided for the conditional abandonment of roadways and easements, and the abandonment-reversion
to acreage of the lots within the portions of Rio Hacienda, Tract 1224, planned for subdivision as Palm
Estates II, Tract 4104. The condition of approval for each resolution was that Tract 4104 be recorded within
one year, or the portions of Rio Hacienda proposed for abandonment would revert to their previous
condition, and
WHEREAS, the first Extension of Time of the conditional abandonments was approved by the
Board of Supervisors on November 4, 1991, per BOS Resolution No. 91-292, with the Extension of Time
expiring April 2, 1992, to coincide with the expiration of the Preliminary Plan of Tract 4104. The first
Extension of Time of the approved Preliminary Plan was combined with the second Extension of Time for
the accompanying abandonment resolutions, per BOS Resolution No. 92-108, expiring April 2, 1993. All
subsequent Extensions of Time combined approval of both the Preliminary Plan and the abandonment of
portions Rio Hacienda, Tract 1224. The second Extension of Time was granted on AprilS, 1993, per BOS
Resolution No. 93-83. The third Extension of Time was approved on May 2, 1994, per BOS Resolution No.
94-133. The fourth Extension of Time was approved on April 3, 1995, per BOS Resolution No. 95-129.
Subdivision Regulation Article 3.10-1 states: "Upon application to the Commission and prior to the
expiration of the time limit, extensions in increments of one (1) year may be granted by the Board of
Supervisors 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
WHEREAS, the first phase of this subdivision, Tract 4104-A, was recorded on June II, 1993. At
that time the Mohave County Assessor's Office recognized the abandonment of the roadways and easements,
and the reversion to acreage of the lots within the portion of Rio Hacienda, Tract 1224, to be subdivided as
Tract 4104. If the approved Preliminary Plan for Tract 4104 was allowed to expire, the second phase of
Palm Estates II, Tract 41 04-B, would not be processed or recorded, resulting in a parcel of approximately
5.98 acres of un subdivided land west of and adjacent to Tract 4104-A, and
WHEREAS, this will be the fifth 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 proposed action complies with the Mohave County General Plan, and the property is
designated as an Urban Development Area.
c. The site is adequate for the action intended and the proposal is consistent with the
surrounding land uses,
d. This request for an extension complies with the Extension of Time Policy.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
April 10, 1996, the Commission recommended APPROVAL of an Extension of Time for the Preliminary
Plan of Palm Estates II, Tract 4104, and an Extension of Time for the abandonment of roadways and
easements, and the abandonment-reversion to acreage of portions of Rio Hacienda, Tract 1224, subject to
the following conditions:
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PAGE 3 OF 3
BK 2730 PG 945 FEE~9625992
RESOLUTION NO. 96-146
Page 3
1. Compliance with all conditions ofBOS Resolution Nos. 90-80, 90-312, 90-313, 91-292,
92-108,93-83,94-133, and 95-129.
2. These Extensions of Time will be in effect until April 2, 1997.
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, April 21, 1996, and posted on April 19, 1996,
as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, May 6, 1996, APPROVED these Extensions of Time as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
MOHA VE COUNTY BOARD OF SUPERVISORS
ATTEST:
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Standerfer, Chairm