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HomeMy WebLinkAbout98-038 RESOLUTION NO. 98- 38 ~IICROF~.EB) A RESOLUTION AUTHORIZING THE ASSIGNMENT OF A DRAINAGE EASEMENT TO THE CITY OF BULLHEAD CITY, ARIZONA WHEREAS, the Board of Supervisors of Mohave County met in regular session on January 5 , 1998; and WHEREAS, the United States Department of the Interior, Bureau of Land Management, Yuma District Office granted to Mohave County a perpetual drainage easement on April 15, 1983 and assigned to State of Arizona Land Department on February 19, 1987, for the purpose of reducing storm water damage to Lakeside Drive and adjacent properties; and WHEREAS, said drainage easement is set forth in a Right-of-Way instrument bearing instrument number 72-17897 and A-17897, a true and accurate copy of which is attached hereto; and WHEREAS, A.R.S. § 28-1907 provides that an easement interest may be transferred by a county upon the adoption of a resolution by the governing board; and WHEREAS, the Board of Supervisors has determined that it is in the best interests of Mohave County for said drainage easement to be assigned to the City of Bullhead City for the purposes set for the therein; NOW, THEREFORE, BE IT RESOLVED that the entire right and interest of Mohave County in, under, and to said drainage easement shall be assigned to the City of Bullhead City by the execution of an Assignment in the form attached hereto, such assignment to be effective upon acceptance by the City Council of the City of Bullhead City. PASSED, APPROVED AND ADOPTED ON January 5 · 1998. MOHAVE COUNTY BOARD OF SUPERVISORS ~~Z///-'.'~ Carol Anderson, Chairman RETURN TO: UE?ART~ENTAL USE O~;LY A. ROLODEX #. B. ROLODEX # *: ~.~!:ATITLE STATE MID LAND CONTRACTS uEPAR t Hr..,TIi ACCOUNTIN~ j T ~nd C RECO~ENDA~IO~/iNIllAL DATE 16~6 WEST ADAHS NIX, A~IZONA 85D07 Fi~[r,g Fee: ~2OO ~xam: APPRDVE ?B~i~ F LInG FEE OF ~200' In~ l[~e: ~ REJECT Type or print ASE OR PERMIT NU~IBER 72 17897 - 01 Complete Assignmem ~ pcrtial Assignment CO.'dPLETE ALL QUESTIO,VS, SIGN APPLICATION A.'~D ATTACH $200 6ling 7~'OTICE: Any assignment of inlerest is not binding to eitherparly or the State Land Department until this application has ei;'ed the ~'ritten.consent of the STATE LAA'.O C0313fISSI07VER. A?PLICA"NTS: A. A$SIGNOR-NA.','IE(S) B. ASSIGNEE NANIE(S) (Also knolvn as iht Seller anti Stare Lessee) (Also known as the $tWe/) ,. Mohave County Board of Supervisors City of Bullhead ' . P.O. Box 7000 1255 Marina Blvd. Mallln$ Addr tis Kingman, Arizona 86402 Bullhead Citv~ Az. 86fih2-5733 CiD. S~atc Zip Ci~ S~a~c Zip Mr. Allen ~ansen (520)757-0910 Nr. Tom Tarfa Conlnct Person Phone No. Coal=gl Person Phone REOUEST TO ASSIGN INTE~ST'IN LEASE OR PE~{IT AND REOUZST TO. ASSUN. IE INTER~ST OF LEASE OR PE~%%IT: Assignor(s) not being in default of the renlal nnd/or the conditions of the s:n~e lense or permit does, HEREBY APPLICATION AND REQUEST that 0lc S:nte Lnnd Department aulhorlze nnd consent to in writing, lhe assignmen: [all rights, tide, lnlerest and claim ~n nnd ~o Iht Sta~elease, permit, or right-of-wayNo.72 17897-01 AND ssignee(s) in consldernltonoflhesum or N/A (S ), pai8 to the nsslgnor, does HEREBY MAKE APPLICATION AND REQUEST dmt ~l~e State Lnnd DepaRtment authorize the trnnsrer and assumption of all rights, lille, in:crest and claim of lbo lense described in ~l~is The assignee hereby assumes and agrees Io perform nil obllgalions of Ibc lessee under 0~e lense and accepls Iht lense s=bject Io all existing terms and condilion~. ?0-05.94 (Rev. 03/96) Assign ] United States Department of the Interior A-17857 '~/~''-'"~'~''~ BUR£AU OF LAND MANAGHMENT "~.~/~ YUMA DISTRICT OFFICE ~ 3150 Windsor Avenue p.o. Bo×56R£C£1V£D Yuma, Arizona 85365 ~¥ ~q i dON 0 3 1985 BOARD OF SUPERVISOR:t DECTSTO~ Mohave County Board of Supervisors Right-of-Way A-17897 P.O. Box 390 Drainage Culvert Kingman, Arizona 86402 Jurisdiction of Right-of-Way Transferred to State of Arizona Public lands affected by the subject right-of-way, issued effective April 15, 1983, were transferred to the State of Arizona in satisfaction of the State's Indemnity Lieu rights, as follows: Clear List No. 584 dated September 28~ 1983. Description of transferred area affected by right-of-way: T. 20 N., R. 22 W., Gila and Salt River Meridian, Arizona, sec. 20, NW1/4SW1/4. The right-of-way will remain in effect £n perpetuity; however, jurisdicCion of the right-of-way is transferred to the State of Arizona. The Bureau of Land Management records have been noted to reflect this transfer. The permittee is required to contact the State of Arizona regarding all future actions concerning the right-of-way. cc: State Land Department Attention: Barbara Burg 1624 West Adams Phoenix, AZ 85007 A-17897 UNITED STATES DEPARTMENT OF TBE INTERIOR ~ Yuma District office P. o. Box 56S0 2450 Fourth Avenue Y:mla, Arizona 85364 MOHAVE CIY. ENGINEER BY RIGHT-OF-WAY Section A 1. There is hereby granted, pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 176), a nonexclusive, nonpossessory right-of-way to: Mohave County Board of Supervisors P. O. Box 390 Kingman, Arizona 86402 In case of change of address the holder shall immediately notify the authorized officer. 2. To use, subject to terms and conditions set out below, the following described Public Land. Gila & Salt River Meridiau T. 20 N., R. 22 W. Section 20: NW¼SW¼ 3. Description of the right-of-way facility and purpose: The right-of-way is to construct a drainage culvert to drain water from a residential area in Section 19, 20 T. N., R. 22 W. The right-of-way width is 100 feet, 50 feet on either side of center line; 820.63 feet in length and contains 1.88 acres more or less. A map showing the location of the right-of-way over the above described public land is attached hereto as Exhibit "A". TERMS AND CONDITIONS Section B t. The right-of-way holder agrees to comply with all the apl~licabte regula- tions contained in 43 CFR 2800. 2. If the right-of-way holder violates any of the terms and conditions of this grant, the authorized officer, after givin9 written notice may declare the grant terminated. 3. This grant is subject to all valid rights existing on the effective date of this grant. There is reserved to the authorized officer, the right to grant addi- tional rights-of-way or permits for compatible use on, over, under or adjacent to the land involved in this grant. 5. The right-of-way shall be relinquished to the United States if the authorized uses are no longer needed. 6. Ail other terms and conditions. Compliance will be in accordance with the terms and conditions as specified herein and in Exhibit "B", attached hereto and made a part hereof. 7. The term of this right-of-way grant shall be in perpetuity from the f effective date of this grant unless prior thereto it is relinquished, abandoned, terminated, or otherwise modified pursuant to the terms and conditions of the grant or of any applicable law or regulation. Section C The effective date of this right-of-way grant is the date of execution by the authorized officer. The undersigned agrees to the The right-of-way grant is te~s and conditions of this exe~u_ ?~exe uted this/~'day of right-of-way grant: ~ , 19_~_~. Mohave County Board of Supervisors Bureau of Land Hasagement Authorized ~fficer - / ~e~ce~ County Administrator/Clerk of the ~cr,*¢ d~.f,~r ff~*W4~tq__ · itle Soard of Supervisors ~itle April 12, 1983 Da te Date 2 A-17897 EXHIBIT "B" 1. Dimensions of the grant will conform to Drawing No. 9394-L-821, dated May 13, 1982, Exhibit 2. All construction activities shall be confined to the minimum area necessary and shal'l not exceed the 100 foot r~gnt-o~-way ~idth granted herein. The exterior boundaries of the right-of-way shall be clearly flagged prior to any surface disturbing activities. 3. Natural vegetation shall be cleared or trimmed only when necessary to provide suitable access for construction, operation, and maintenance of the system. 4. Upon completion of construction, the lands shall be restored to as near their natural condition as possible, subject to approval by the District Manager. 5. The right-of-way herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Secretary to be necessary, without liability or expense to the United States, so as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under authority of the United States. 6. The Holder shall indemnify the United States against any liability for damage to life or property arising from the occupancy or use of pubt~c lands under this grant. 7. The Holder shall comply with the applicable Federal and State la~s and regulations concerning the use of pesticides (i.e., insecticides, herbi- cides~ fungicides, rodenticides, and other similar, substances) in all activities/operations under this Grant. The Holder shall obtain from the Authorized Officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application; the location of or storage and disposal of containers; and other information that the Authorized Officer may require. The plan should be submitted no later ~han December 1 of any calendar year that covers the proposed activities for the next fiscal year (i.e., December i, 1983, deadline for a fiscal year 1985 action). If need for emergency use of pesticides is ~dentified, the use must be approved by the Authorized Officer. The use of substances on or near the right-of-way shall be in accordance with the approved plan. A pesticide shall not be used if the Secretary of the Interior has prohibited its use. A pesticide shall be used only in accordance with its registered uses and within other limita- tions if the Secretary has imposed limitations. Pesticides shall not be permanently stored on public lands authorized for use under this Gr~t. 8. The Holder agrees not to exclude any person from participating in employ- ment or procurement activity connected with this grant on the grounds of race, creed, color, national origin, an~ sex, and to ensure against such exclusions, the Holder further agrees to develop and submit to the proper reviewing official specific goals and timetables with respect to minority A-17897 and female participation in emplo}~ment and ~rocurement activity connected with this grant. The Holder will take affirmative action to utilize business enterprises owned and controlled by minorities or women in itc procurement practices connected with this grant. Affirmative action will be taken by the Holder to assure all minorities or women applicants full consideration of all employment opportunities connected with this grant. The Holder also agrees to poet in conspicuous places on its premises which are available to contractors, subcontractors, employees, and other interested individuals, notices which set forth equal opiwartunity terms; and to notify interested individuals, such as bidders, contractors, purchasers, and labor unions or respresentatives of workers with whom it has collective bargaining agreements, of the Holder's equal opportunity obligations. 9. There is reserved to the United States,.its successors and assigns, the prior right to use any of the land herein described to construct, recon- struct, operate, and maintain dams, dikes, levees, reservoirs, canals, wasteways, laterals, ditches, drainage works, flood channels, telephone and telegraph lines, electric transmission lines, roadways, and appurtenant irrigation structures, without any payment made by the United States, or its successors and assigns, for such right, with the agreement on the part of the applicant that if the construction or reconstruction of any or all of such dams, dikes, levees, reservoirs, canals, wasteways, laterals, ditches, telephone and telegraph lines, electric transmission lines, roadways, or appurtenant irrigation structures across, over, or upon said lands should be made more expensive by reason of the existence of improve- ments or workings of the applicant thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto, and that within thirty (30) days after demand is made upon the applicant for payment of such sums, the applicant will make payment thereof to the United States, or its successors and-assigns, constructing or reconstructing such dams, dikes, levees, reservoirs, canals, wasteways, laterals, ditches, telephone ~d telegraph lines, electric transmission lines, roadways, or appurtenant irrigation structures across, over, or upon said lands. There is also reserved to the United States the right of its officers, agents, employees, licensees, and permittees, passage over, and egress from all of said lands for the purpose of exercising, enforcing, and protecting the rights reserved herein. 10. Holder further agrees that the United States, its officers, agents, employees, and assigns, shall not be liable for any damage to.the improve- ments or works of the Holder resulting from the construction, recon- struction, operation, or maintenance of any of the work hereinabove enumerated.