HomeMy WebLinkAbout98-073 RESOLUTION NO. 98-73
A RESOLUTION SETTING FORTH AN ABANDONMENT OF A 30-FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENT WITHIN LOTS 127 AND 130, MEADVIEW HIGHLANDS, TRACT
1195, IN SECTION 1, TOWNSHIP 30 NORTH, RANGE 17 WEST, IN THE MEADVIEW
PORTION OF THE MOHAVE COUNTY GENERAL AREA, MOHAVE COUNTY, ARIZONA.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on February
2, 1998, a public hearing was conducted to determine whether an abandmmaent should be granted for the
above-described easement as requested by the owner, John D. Ratliff of Meadview, Arizona, and
WHEREAS, the site is approximately 70 miles north of Kingman. Access to the site is from Pierce
Ferry Road via east on Mead Lane/Meadview Boulevard, approximately one mile to Escalante Boulevard,
then north on Escalante Boulevard approximately one and one-half miles to Diamond Creek Drive, then
approximately 300 feet south on Diamond Creek Drive to the beginning of the easement on Lot 130. The
easement to be abandoned parallels a shallo~v ravine and extends southeast to the intersection of a 30-foot
public utility and drainage easement between Lots 127 and 239. The easement is unoccupied by utilities;
however, water does flow in the wash as evidenced by a sandy base a few feet wide. The property is
designated as a Rural Development Ama and Outlying Community by the General Plan, and
WHEREAS, the easement abandonment will allow for the construction of a garage on Lot 130 by
the prospective buyer, Steve Heaton. This item was first heard at the December 10, 1997, Planning and
Zoning Commission meeting where it was continued for 30 days at the request of the applicant. This was
to allow Public Works the opportunity to do an on-site investigation of the drainage easement for further
evaluation, and
WHEREAS, Joshua Valley Utility Company and Citizens Utilities Company have reviewed the
owner's petition and have no objection to the easement abandonment, and
WHEREAS, the Department of Public Works objects to the abandonment of the drainage easement.
From a field investigation on December 17, 1997, staff from the Department determined that the easement
is necessary to protect the wash and its flows. Without this easement, continuity of the runoff paths could
be disrupted. The Engineer of Record for Meadview Highlands, Tract 1195, recorded in 1973, recognized
a need to provide a path for runoff across this property by providing the drainage easement. The proposed
action and effect of abandoning the drainage easement appears to conflict with Goals 49 and 50 of the
Mohave County General Plan, which encourage minimal impact on downstream properties via the
undisturbed flow of natural drainage ways, and
RESOLUTION NO. 98-73 Page 2
WHEREAS, based on the report received from Public Works Department, dated December 20,
1997, their objection remains as follows: "Due to the nature of high intensity, short duration storm events
common to this area, this drainage easement will be the location where minimal flooding occurs. Therefore,
the Flood Control District also objects to the abandonment of the easement mentioned above. The drainage
easement is necessary to protect the natural drainage way, thus mi~fimizing adverse impacts on landowners
downstream," and
WHEREAS, the public utility easement may be abandoned with the written concurrence of all
affected utilities. Written concurrence has been submitted to the Mohave County Planning and Zoning
Department from the Citizens Utilities Company and the Joshua Valley Water Company concurring with
the abandonment of the public utility easement, and
WHEREAS, a review of FEMA FIRM Panel #040058-1300B indicates the land described to be in
Zone C, not a FEMA Special Flood Hazard Area, and
WHEREAS, the following described Findings of Fact are for the above-captioned item:
a. All notices have been advertised and posted according to regulations.
b. The proposed action and effect does not appear to comply with the Mohave County General
Plan.
c. The site may not be adequate for the construction of a garage because the use is inconsistent
with the terrain and may partially impede its drainage function.
WHEREAS, at the public heating before the Mohave County Planning and Zoning Commission on
January 14, 1998, the Commission recommended DENIAL for the Abandonment based on the following:
1. Without this easement, continuity of the runoff paths cannot be maintained.
2. The proposed action and effect of abandoning the drainage easement appears to conflict with
Goals 49 and 50 of the Mohave County General Plan, which encourage minimal impact on
downstream properties via the undi'sturbed flow of natural drainage ways.
3. The drainage easement appears to define the limits of an existing wash.
4. Mohave County, however, does not object to the abandonment of the 30-foot wide Public
Utility Easement.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, January 17, 1998, and January 24, 1998, and posted
January 16, 1998, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
RESOLUTION NO. 98-73 Page 3
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, February 2, 1998, DENIED the Abandonment of the Drainage Easement as recommended by
the Mohave County Planning and Zoning Commission and outlined herein.
BE IT FURTHER RESOLVED, that the Board of Supervisors APPROVED the Abandonment of
the Public Utility Easement subject to the following:
Approval from all public utilities authorized to operate in the area.
MOHAVE COUNTY BOARD OF SUPERVISORS
Carol S. Anderson, Chairman