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HomeMy WebLinkAbout99-075 'S~9CI1~LL9-5 B~ 3262 PG 365 ~~ OFFICIAL REC:ORDS OF MOHAVE COUNTY~ ~Z JOAN NC C:ALL~ NOHAVE COUNTY RECORDER O~/tO/t999 08:33A P~GE t OF 2 ~OHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 RESOLUTION NO. 99-75 A RESOLUTION SETTING FORTH AN ABANDONMENT OF A PUBLIC UTILITY EASEMENT, DRAINAGE EASEMENT, AND GOLF COURSE ON A PORTION OF PARCEL E OF LOS LAGOS, TRACT 4096-A, IN SECTION 1, TOWNSHIP 18 NORTH, RANGE 22 WEST, 1N THE SOUTH MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 8, 1999, a public hearing was conducted to determine whether approval should be granted to Abandon the above-described easements as requested by Sterling Varner, representing 1043 Arizona Property, L.L.C., of Mission Viejo, California, and WHEREAS, this property is located east of State Highway 95, between Boundary Cone Road and Lipan Boulevard. The site is accessed from State Highway 95 via east on Boundary, Cone Road to the site, located on the north side of Boundary Cone Road and east of Mountain View Road, extending northeasterly into center of Section 1. The property, containing approximately 1.6 acres, was conditionally rezoned on February 1, 1999, per Board of Supervisors Resolution No. 99-42 from SD/R and SD/C-RE to RM. The surrounding land uses consist of vacant land, with the Los Lagos and Sun Valley subdivisions to the north, and WHEREAS, the applicant requests the Abandonment of these easements to allow for the creation of a multi-family apartment complex on that part of the golf course, drainage, and public utility easement that is outside of the FEMA Special Flood Hazard Area. This portion of Parcel E to be abandoned is adjacent to a proposed multi-family development on Parcel Q, and WHEREAS, the Mohave County Department of Public Works does not object to the abandonment provided it occurs with the recordation of Los Lagos Country Club Villas and Estates, Tract 4166. The preliminary plat for this subdivision was conditionally approved on February 1, 1999, per Board of Supervisors Resolution No. 99-43, and WHEREAS, Fort Mohave Tribal Utility Authority (FMTUA) has reviewed the owner's petition and can only support the abandonment if: 1) a 20-foot easement is recorded to provide access to their wastewater facilities; and 2) improvement plans, including drainage, are submitted detailing the site and those adjacent for review and concurrence. The area provides access and flood-flow protection for FMTUA' s facilities, and WHEREAS, Mohave Electric Cooperative does not object to the easement abandonment provided the applicant grants public utility easement adjoining the existing roadways, and F'A~E~ '~ OF~ ~ .... o~ PG 766 FEE~?9014195 RESOLUTION NO. 99-75 Page 2 WHEREAS, Citizens Utilities Company and various cable television providers have reviewed the owner's petition and have no objection to the abandomnent of the golf course, public utility and drainage easements, and WHEREAS, a review of FEMA FIRM Panel #040058-2445C indicates the parcel described to be in Zone A, in the 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 complies with the Mohave County General Plan. c. The site is adequate for the action intended. d. There are no significant environmental features affecting the site, except the noted Special Flood Hazard Area. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 10, 1999, the Commission recommended APPROVAL for the Abandonment subject to the following: 1. The Abandonment will be effective upon the recordation of Los Lagos Country Club Villas and Estates, Tract 4166, which will provide utility easement access and flood-flow protection meeting the needs of all affected utility companies. WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, February 17, 1999, and February 24, 1999, and posted February 19, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, March 8, 1999, APPROVED this Abandonment as recommended by the Mohave County Planning and Zoning Commission and outlined herein.