Loading...
HomeMy WebLinkAbout97-243 9~ ~ . . M1CROALMED t , "0'1 " \ "I'IWr-'~. "," ,'--',,0 l!;\ c.../:.. ...~,. ::z~~~, :~ t.~--'~~_~ '_ "~">,:'-~ ,,"\1' '.'J' '0.'\:'\-./'1 .j~ "2~~'>-:', ~';. ~ 9737192 BK 2929 PG 51.1 OFFICIAL RECORDS OF MoHAVE COUNTY, ~oAN MC CALL, MoHAVE COUNTY RECoRDf u7/14/97 03:44P PAGE 1 OF 2 MoHAVE COUNTY BOARD OF SLJPH:VISoRS RECORDING FEE 0.00 RESOLUTION NO. 97-243 A RESOLUTION SETTING FORTH AN ABANDONMENT OF THE 100-FOOT NATURAL PRESERVATION EASEMENT WITHIN LOTS 22 AND 23, REDWING CANYON ESTATES, TRACT 3017, IN SECTION 23, TOWNSHIP 23 NORTH, RANGE 17 WEST, IN THE MOHAVE COUNTY GENERAL AREA, MORAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 7, 1997, a public hearing was conducted to determine whether an Abandonment should be granted for the above-described natural preservation easement as requested by H. Stan and Lilly R. Bradley of Seattle, Washington, represented by Dolores E. Ingersoll, Realtor, Kingman, Arizona, and WHEREAS, the site is west of Stockton Hill Road, approximately 11 miles north of the City of Kingman. Access to the site is from Stockton Hill Road via west on Redwing Canyon Road to the site. The site extends northward approximately one-half mile from the southeast corner of the subdivision. This beginning point is approximately 300 feet east of the intersection of Lilly Lane and Redwing Canyon Road, and WHEREAS, the owner proposes the easement abandonment on Lots 22 and 23 to increase their building pad areas. The owner originally granted the 100-foot Natural Preservation Easement with the recordation of RED WING CANYON ESTATES, Tract 3017, on October II, 1991. The easement is designed to buffer the residential development from the mule deer and mustang habitat in the section of land directly east of the property which is administered by the Bureau of Land Management (BLM). The easement was also designed as an energy dissipator for water runoff to lands downstream. This proposal will remove the buffer, but require the owner to grant additional drainage easements to ensure the continuation of energy dissipation of runoffto lands downstream. The owners of Lot 24, Steven and Mary Lou Kosanke, have chosen to retain their portion of the easement. The Mohave County General Plan designates this area as a Suburban Development Area, and WHEREAS, Citizens Utilities Company has reviewed the oy.mer's petition and has no objection to the easement abandonment. The BLM would approve the abandonment ifthe owner provides a fence along the east side of Lots 22 and 23 to create a physical barrier between the human and wildlife habitats. The BLM would provide fencing material. The owner refused this suggestion, and WHEREAS, a review of FEMA FIRM Panels #040058,2000B and #040058,2155B indicate the parcels described to be in Zone C, not in the FEMA Special Flood Hazard Area, and WHEREAS, the following described Findings of Fact are for the above captioned item: RESOLUTION NO. 97-243 Page 2 . . . PAGE 2 OF 2 BK 2929 PG 512 FEE~9737192 a. All notices have been advertised and posted accarding to regulations. b. The proposed action and effect complies with the Mohave County General Plan. c. The site is adequate for the action intended and the use is consistent with the surroundings and terrain. d. The easement is currently sustaining native plants and wildlife. e. The site has legal access. f. The site's downward slope is southeasterly. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 11, 1997, the Commission recommended DENIAL for an Abandonment based upon the following: 1. The abandonment of the Natural Preservation Easement reverses the intent of the preliminary plan for REDWING CANYON ESTATES, Tract 3017. 2. The owner has not provided the buffering solution proposed by the BLM to mitigate the loss of the easement. Policy 5.1 of the General Plan asks that the county cooperate with state and federal agencies to protect sensitive habitats. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, June 21, 1997 and June 28, 1997, and posted June 20, 1997, 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, July 7, 1997, DENIED this Abandonment request as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHA VE COUNTY BOARD OF SUPERVISORS g[~;,/ ~4cz2.c~ Carol S. Anderson, Chairman