HomeMy WebLinkAbout98-210 '9'~0~'95~ BK 3108
OFFICIAL RECORDS OF MOHAVE COlJNT~,
JOAN MC CALL~ MOHAVE COUNT'Y RECORDER
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DOARD OF SUPERVISORS
RECORDING FEE
RESOLUTION NO. 98-210
A RESOLUTION SETTING FORTH A DENIAL OF A REQUEST FOR THE USE OF AN
ALTERNATE FORM OF ASSURANCE FOR THE COMPLETION OF SUBDIVISION
IMPROVEMENTS FOR SILVERADO ACRE ESTATES, UNIT I, TRACT 3805, BEING A
SUBDIVISION OF PARCELS 1 THROUGH 7, AND PARCELS 9 THROUGH 13, OF SILVERADO
ACRE ESTATES, AS SHOWN ON PARCEL PLAT, BOOK 2, PAGE 93, BEING A PORTION OF
SECTION 17, TOWNSHIP 20 NORTH, RANGE 13 WEST, IN THE MOHAVE COUNTY
GENERAL AREA, MOHAVE COUNTY, ARIZONA.
VqHEREAS, at the special meeting of the Mohave County Board of Supervisors held on June 15,
1998, a public heating was conducted to determine whether approval should be granted for the use of land
as an alternate form of assurance for the completion of subdivision improvemeuts, as requested by the
developer, Leo Homer, Silver Ranch Corporation, Inc., Phoenix, Arizona. The engineer of record is
Consulting Land Surveyors and Engineers, Inc., Scottsdale, Arizona, and
WHEREAS, the property is located approximately 20 miles southeast of the City of Kingman. The
land is accessed via eastbound Interstate 40, then south 4.5 miles on U.S. Highway 93, then northwest one
mile along Old Highway 93 to the site, and
WHEREAS, the Preliminary Plan of Silverado Acre Estates, Unit I, Tract 3805, was originally
denied by the Board of Supervisors on December 2, 1996, per BOS Resolution No. 96-419, due to a lack
of subdivision improvements. The same Preliminary Plan was later approved by the Board on February 18,
1997, per BOS Resolution No. 97-50. On April 7, 1997, per BOS Resolution No. 97-124, the Board of
Supervisors accepted the determination from the Arizona Department of Water Resources that the water
supply in this subdivision was "inadequate" to support the demands of the development. The Final Plat for
Tract 3805 was conditionally approved by the Board of Supervisors, on February 2, 1998, per BOS
Resolution No. 98-68, and
WHEREAS, the developer has proposed the use of land in lieu of financial assurance, for the
completion of all subdivision improvements. The County Attorney's Office recommended to the Planning
and Zoning Director a number of documents which the developer was required to submit to accommodate
the review of this proposal. The list of these required documents was forwarded to the developer. The
developer submitted most, but not ali, of the required documentation, and
WHEREAS, Mohave County has, on three occasions in the past twelve years, accepted the
proposals of other developers for the use of lm~d as an assurance for the completion of improvements in
those subdivisions. In two of those developments, Lake Juniper, Tract 3021, and Arizona West, Tract 1112,
improvements have yet to be completed, and
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RESOLUTION NO. 98-210 Page 2
WHEREAS, the Mohave County Public Works Department has reviewed this proposal and has no
objections, conditional to the approval of the County Attorney's Office, and conditional to the assurance
being sufficient to fully cover the approved cost estimate amount of $257,136.00, and
WHEREAS, the Mohave County Attorney's Office reviewed the developer's proposal and has no
objections, conditional to the use of an assurance package dated May 13, 1998, drafted per negotiations with
the developer's attorney, and
WHEREAS, the land offered as assurance by the developer is referenced in the documentation
recommended by the County Attorney's Office, and has been appraised by a third party contracted by the
developer. There appear to be some significant discrepancies between the appraised value of some parcels
offered and the actual sale prices realized in recent years, as shown in the records of the Mohave County
Assessor, and
WHEREAS, in their discussion of the developer's request the Planning and Zoning Commission
questioned the degree of protection Mohave County could expect from the use of the attorney-recommended
assurance form, and whether the risks involved with the use of land assurances could be sufficiently
alleviated even through the use of such written agreements, and
WHEREAS, at the public hearing before the Mohave County Plarming and Zoning Commission on
May 13, 1998, the Conunission recommended DENIAL of the developer's request for the use of land as an
alternate assurance for the completion of subdivision improvements for Silverado Acre Estates, Unit I, Tract
3805, based on the following:
1. Land is not a liquid asset and is not readily available for use by Mohave County in the event
of default by the developer for the completion of subdivision improvements.
WHEREAS, the advertising requirements have been met throughout this subdivision process as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
ckculation in Kingman, Mohave County, Arizona, May 16, 1998, and posted on May 15, 1998, as required
by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting
on Monday, June 15, 1998, DENIED the developer's request for the use of land as an alternate assurance
for the completion of subdivision improvements for Silverado Acre Estates, Unit I, Tract 3805, as
the Mohave County Planning and Zoning Commission and outlined herein.
~ OF SUPERVISORS