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HomeMy WebLinkAbout99-036 '~790CI3767 BK 3234- F'G '$F OFf:IC:IAL REE:ORDS OF ~IOHAVE CO[tNTY~ AZ ~mOAH HC C:ALL~ MOHAVE COUNTY RECORDER 01/21/1999 II]:O]A F'A~E 1 OJ:: 3 BOARD OF SUPERVISORS RECORDING FEE 0~00 RESOLUTION NO. 99-36 Road Maintenance WHEREAS, at their meeting on December 7, 1998, the Mohave County Board of Supervisors accepted and referred to Public Works a letter of petition requesting that a portion of Bison Avenue be accepted into the Mohave County Road System for maintenance; and WHEREAS, a public meeting was held on January 19, 1999 in the Supervisor's Chambers at which time the request to accept Bison Road was discussed and considered by the Board; and WHEREAS, Resolution P&ZC 88-50 rezooed from AR to C-RE of a twenty-four (24) acre parcel (Parcel) adjoimng the Mohave Sun Valley Air Strip (Mohave Sun Valley Airport Tract 4043 hereinafter Airport) in the Mohave Valley area of Mohave County; and WHEREAS, Resolution P&ZC 88-50 conditioned the rezone of the Parcel upon the Parcel Owner (Owner) being required to dedicate and/or obtain fight-of-way to extend Bison Avenue to El Rodeo Road and cause Bison Avenue to be improved and paved to County Standards; and WHEREAS, Resolution P&ZC 88-50 states that a forty-two (42) foot right-of-way for the north-south attedal (Bison Avenue) is depicted on the preliminary subdivision plat for Mission Park Ranch Tract 4072 (Mission), apparently taking into consideration that this section of right-of-way for Bison Avenue would not be required and only the matching forty-two (42) foot right-of-way for Bison Avenue adjacent to the Airport would need to be obtained by the Owner; and WHEREAS, according to Mohave County Official Records Book 1733, Page 316, a forty-two (42) foot right- of-way has been dedicated to Mohave County adjacent to the Airport, from the referenced twenty-four (24) acre parcel, northerly to the North boundary of Section 25, Township 19 North, Range 22 West, G&SRBM, Mohave County, Arizona; and WHEREAS, according to Mohave County Official Records Book 2373, Page 114, a eighty-four (84) foot right- of-way for Bison Avenue has been dedicated from the northerly terminus of the described forty-two (42) foot right-of-way for Bison Avenue adjacent to the Airport, to the El Rodeo Road located in Section 24, Township 19 North, Range 22 West, GSRB&M, Mohave County, Arizona; and WHEREAS, the Final Plat for Mission was never approved by the Mohave County Board of Supervisors and therefore the forty-two (42) foot right-of-way depicted on the preliminary subdivision plan for Mission was never obtained; and WHEREAS, the forty-two (42) foot right-of-way depicted on the preliminary subdivision plan for Mission was not available for purchase from adjacent owners causing that portion of the Bison Avenue right-of-way, from the Parcel to the North line of the described Section 25, to not meet current County Standards for Subdivisions; and WHEREAS, the rezone of the referenced 24 acre parcel was not due to a Subdivision but the result of a zoning action, and no spech'ic tight-of-way requirement was stated in the 1988 Resolution P&ZC 88-50 for the rezone (] of 3) PAGE 2 OF ,3 BK 3234 PG 36 FEE;9900~?57 of the Parcel, only that right-of-way was for Bison Avenue be dedicated and/or obtained to extend Bison Avenue to El Rodeo Road; and WHEREAS, the Owner acted to acquire fight-of-way and construct Bison Avenue in accordance with the requirements set forth by- Resolution P&ZC 88-50 with the understanding that once Bison Avenue was constructed. it would be accepted by the County for maintenance; and WHEREAS, plans for the roadway were prepared by Mohave Engineering Associates, Inc., and reviewed by Mohave County Public Works Department; and WHEREAS, the right-of-way for Bison Avenue was dedicated and/or obtained to extend Bison Avenue to E1 Rodeo Road and Bison Avenue was improved and paved to County Standards at no cost to the County; and WHEREAS, an investigation has been made by the County Engineer, and County Attorney who have reported to the Board that the design and construction of the street meet the provisions of Arizona Rex4sed Statutes ~ 28-6705 for Public Road and Street Maintenance and substantially comply with Article 4Al of the Subdivision and Road Maintenance Regulations of Mohave County, Arizona, wherein it was established that; A. A public need exists for such maintenance; B. An adequate public right-of-way for such roads or streets have been properly established; C. The wads or streets have been properly laid out and constructed within the confines of the public right-of-way; D. The pubhc roads are connected to the County, State or Federal I-Iighway system by at least one road or street meeting the requirements for permanent access as defined by Statute; E. The public roads or streets have been laid out, opened and constructed, without cost to the County; and, WltEREAS, no one appeared to object and no written statements of objection opposing the granting of the request of said petition were received; and WHEREAS, after a review of the request, reports and recommendations regarding this matter, the Board of Superdsors determined that it is in the public interest to accept Bison Avenue into the County System for maintenance. NOW, THEREFORE, BE IT RESOLVEI), that the Board of Supervisors as of this date does accept into the Mohave County Road System, for the purpose of mainteuance, the listed described established, and defined Bison Avenue. Bison Avenue - From its intersection with E1 Rodeo Road in the SE 1/4, SE 1/4 of Section 24, thence southernly a distance of approximately 1,505 feet to the end of pavemant which is point located within the N 1/2, NE 1/4, Section 25, all in Township 19 North, Range 22 West, GSRB&M, Mohave County, Arizona, only to the degree of imprevement (SS No. 101.10A Paved Roadways) at which Bison Avenue is now accepted by the County and that Public Funds may be expended for the maintenance oftbe herein described Bison Avenue ff and when a public need exists for such maintenance. APPROVED AND ADOPTED this 19 dayof JANUARY ,~gX 1999. SORS F'6GE S OF i~ BK ':'>~ 3'7 ...... 4 PG F'EE~?90037,57 STATE OF ARIZONA ) County of Mohave ) Onthis lt~ ~yof~, 1999, person~lyap~d~fo~me, ~e ~dersign~ No~blic 1ames R. Zabo~, Ch~n, Mo~ve Com~ Bo~d of Su~isors, who is ~o~ to me or who ~s satisfactohly proven to me to be thc person who sub~fibcd to thc ~n ins~cnt for thc purest therein con.ned. ~ WIT~SS THE~OF, I set my h~d ~d official sc~. My Commission Expires: No~ ~blic ACCEPT~CE I, ~ C~n, Clerk of ~e Mo~ Co~W ~t~dB~an~c ~ ~yof~, 1999, ac~p~da ~lidc ~d co.ration of ~e S~te of ~zona, for the pu~o~s ~& , .. (Se~) ~ """~ ~; STATE OF ARIZONA ) County of Mohave ) On this I~T~ .day of :]-P<M~/X~ 1999, personally appeared before me, the undersigned Notary Public, Pat Chasmin, Clerk of the Mohave County Board of supervisors of Mohave County, a body politic and corporate of the ./ My commission expires: i~ 1//~/~_w~. '~ NOTARY ~BL~-C ' ~'~72~ IViOH&VE COUNTY ~'---~ ~f 6mmi~W rd¢~ ~d114, 2~o (3 of 3)