HomeMy WebLinkAbout98-369 RESOLUTION NO. 98- 369
A RESOLUTION OF THE MOHAVE COUNTY BOARD OF SUPERVISORS AUTHORIZING AN
ENCROACHMENT INTO THE HUALAPAI MOUNTAIN PARK, MOHAVE COUNTY, ARIZONA.
WHEREAS, Mark and Kara Peterson are the owners of real property described as Section 28, Township
20N, Range 15W, Lot 21, Pinelake Unit 4, County Assessor's Parcel Number 204-39-021, and commonly
described as 6802 East Lake View Drive, Kingman, Arizona (the "Property") which adjoins Hualapai
Mountain Park Property (the "Park Property") under the control and ownership of Mohave County, a body
politic incorporate in the State of Arizona; and
WHEREAS, a deck attached to the residential home located on the Property extends into the Park Property,
including post(s) and footer(s); and
WHEREAS, the County obtained the Park Property from the Bureau of Land Management ("BLM") with
conditions of reversion if the Park Property is not used for public purpose; and
WHEREAS, the owners of the Property together with Mohave County, and with the acquiescence of the
BLM the Settlement Agreement the encroachment will be removed from the Park Property; and
WHEREAS, Mohave County Parks Department recommends approval of the Settlement Agreement for
resolution, subject to the following:
1) The approval based upon a fully signed Agreement for Removal of Encroachment, and the
Peterson's full performance thereunder, whereby the Peterson, through a licensed contractor,
will remove the deck footers and posts from Park property, and restore the Park land in a
manner acceptable to the County, at no cost to the County, and whereby the Peterson agree to
defend, indemnify and hold harmless the County in conformance with the Agreement;
2) The Peterson, through engineered plans and with a Iicensed structural engineer's certification
provide the County assurance that the deck overhang above Park property, is structurally safe
and poses no threat of collapse with the agreement of said engineer to defend, indemnify and
hold harmless the County, if the deck should fail and cause injury on Park land.
NOW THEREFORE BE IT RESOLVED, THAT THE BOARD OF SUPERVISORS AT THEIR
REGULAR MEETING MONDAY, SEPTEMBER 21, 1998, APPROVES THE AGREEMENT FOR
THE REMOVAL OF ENCROACHMENT(S) AS RECOMMENDED BY THE MOHAVE COUNTY
PARKS DEPARTMENT, AS OUTLINED HEREIN AND AS PARTICULARLY SET FORTH
WITHIN THE SAID AGREEMENT.
PASSED, APPROVED AND ADOPTED this 21 day of September ., 1998.
MOHAVE COUNTY, ARIZONA, A POLITICAL SUBDIVISION
OF THE STATE OF ARIZONA, BY AND THROUGH THE
MOHAVE COUNTY BOARD OF SUPERVISORS
By: ~
James R. 7~orsk..~air/nan o~'~nty Board o f Supervisors
A RESOLUTION OF THE MOHAVE COUNTY
BOARD OF SUPERVISORS AUTHORIZING
AN ENCROACHMENT INTO THE HUALAPAI
MOUNTAIN PARK. MOHAVE COUNTY. ARIZONA
APPROVED AS TO FO~:
WILLIAM J. EKSTROM, JR.
MOHAVE COUNTY ATTORNEY
By: Richard L. Basinger,
Deputy County Attorney
Attorney for Mohave County