HomeMy WebLinkAbout99-419When recorded, return to: INDEXED
Mohave County Board of Supervisors
P. O. Box 7000
Kingman, Arizona 86402-7000 ,-~
(520) 753-0729
RESOLUTION No. 99- 419
A RESOLUTION ALLOWING PROPERTY OWNERS OR RESIDENTS TO MAINTAIN PUBLIC
RIGHTS-OF-WAYS AND ROADS NOT MAINTAINED BY MOHAVE COUNTY, ARIZONA FOR ·
THE PURPOSE OF INGRESS AND EGRESS TO THEIR PROPERTY.
WHEREAS, the Board of Supervisors of Mohave County, a body politic and corporate of
the State of Arizona (hereinafter "Mohave County") met on this 1't day of November 1999; and
WHEREAS, pursuant to Title 28, Chapter 19, Article 1, Mohave County may only
construct and/or maintain public roads and streets pursuant to the terms and conditions of
Section 28-6701, "Establishing, altering, or abandoning local highway" and Section 28-6705,
"Public road and street maintenance"; and
WHEREAS, there are landowners and residents who wish to improve and/or maintain at
no cost to the County the non-county maintained public right(s)-of-way(s)and roads they use
as ingress and egress to real property which they own and/or upon which they reside; and
WHEREAS, the County is not in a position to construct, improve, maintain, or oversee
the construction and maintenance of these rights-of-ways and roads; and
WHEREAS, it is generally the policy of Mohave County to require any person or entity
working within Mohave County rights-of-ways and roads to obtain a Right-of-Way Permit and
use a licensed contractor, along with meeting other requirements; and
WHEREAS, the landowners and residents of properties provided access by these
unmaintained rights-of-ways and/or roads desire to improve and aid/or maintain such rights-oF
ways and roads for purpose (s) of their own access and the access of emergency vehicles to
their own properties; and
WHEREAS, it is not the desire or intent of Mohave County to prohibit landowners and/or
residents from improving and/or maintaining the rights-of-ways and roads utilized by them for
purpose(s) of their own access and the access of emergency vehicles, which rights of ways and
roads are not being maintained by Mohave County, where such improvements and/or
maintenance can be and is being done safety, properly and without endangerment to the public
health, welfare and their safety; and
RESOLUTION NO. 99- 419 .(Page 2 of 4 continued)
NOW THEREFORE BE IT RESOLVED, that Mohave County will require neither
landowners of five parcels of land or less, which parcels are being accessed by a County
owned or otherwise County controlled but not County maintained rights(s) of way(s) or road(s),
nor residents who occupy these parcels, to obtain a Right-of-Way Permit as a requisite to
improving or maintaining at their cost and at no cost to the public or County such County public
right(s)-of-way(s) or road(s) insofar as they are not performing such services for others under
contract or employment and/or for compensation; and
BE IT FURTHER RESOLVED, that such improvements and/or maintenance of right(s)
of way(s) and road(s) without a Right-of-Way Permit shall be only for the purpose of ingress
and egress to the property of landowner(s) with five (5) or less parcels of land, and/or
resident(s); and
BE IT FURTHER'RESOLVED, that in all instances, it is the responsibility of person(s)
and entity(les) doing the work on the public rights(s) of way(s) and/or road(s), to comply with all
applicable Federal, State, and local laws, codes, rules and regulations, including blue staking
and to do such work in a safe and proper manner so as to provide for the public's safety, health
and welfare, and to not damage nor injure the rights-of-ways and/or roads or to damage or
injure persons and vehicles thereupon and to not divert, alter, impede or block drainage flows
and/or storm water runoff(s); and
BE IT FURTHER RESOLVED, that this is not an approval for developers, subdividers,
contractors, subcontractors, associations, and/or improvement districts who or which are
developing, constructing, improving, and/or maintaining public right(s) of way(s) or road(s) as
part of their business(es) or function(s) directly or as part of servicing property, or for purpose(s)
of developing property(les) for sale or for resale, or which develop, construct, improve and/or
maintain rights-of-ways or roads for hire, without first obtaining a Right-of-Way Permit from the
County and to also comply with all terms and conditions of such Permit, or for developers,
subdividers, contractors, subcontractors, associations and/or improvement districts to not use
properly licensed, bonded and insured contractors or subcontractors for the development,
construction, improvement and/or maintenance of rights-of-ways and roads, all of which are yet
so required; and
BE IT FURTHER RESOLVED, that this is not a waiver of full compliance with the
requirements of Arizona Revised Statutes, Title 28, Chapters 19 and 20 including without
limitation Section 28-7053; and
BE IT FURTHER RESOLVED, that insofar as the County becomes aware of violation(s)
of Arizona Revised Statues, Title 28, Chapter 20, Article 5, Section 28-7053, the Mohave
County Works Department (hereinafter the "Department"), through its Director is authorized to
request the County Sheriff and/or County Attorney to pursue relief and to otherwise act for
correction of such matters, including being authorized to contract with appropriate contractor(s)
and/or otherwise act to correct the violation(s); and
BE IT FURTHER RESOLVED, that neither this Resolution nor the issuance of any
Right-of-Way Permit is intended to nor does it create any agency or employer and employee
RESOLUTION NO. 99- 419 (Page 3 of 4 continued)
relationship or contract relationship with any landowner or resident, and this is not a waiver of
any the landowner's or resident's obligation to comply fully with the terms and conditions
hereof; and
BE IT FURTHER RESOLVED, to the fullest extent permitted by law, any person or
entity improving or maintaining their right(s)-of-way(s) or road(s) under the provisions of this
Resolution, by so doing agrees to and shall indemnify, defend and hold harmless Mohave
County, its board members, officers, agents, employees, and officials ("lndemnitee") from all
claims, suits, and appellate proceedings, including attorneys' fees, cost of litigation, arbitration,
mediation, appellate proceeding, or administrative proceeding, actions, loss, damage,
expense, cost or claims Of any character, including, without limitation, tortious claims, contract
claims, statutory claims, common law claims, and fraudulent claims against the Indemnitee
made or filed by any land. owner, land interest holder or other person or entity claiming or in
conjunction with any claims that the landowner(s) and/or resident(s) or their representatives,
employees and/or agent acted improperly, illegally or negligently in conjunction with or resultant
of any improvement and/or maintenance of the right(s)-of-way(s) and/or road(s); and
BE IT FURTHER RESOLVED, that insofar as the Department becomes aware of a
dangerous or hazardous condition created or allowed by a landowner and/or resident, or other
person and/or entity acting with or without Right-of-Way Permit, the Department may through its
Director, stop such work and contract with an appropriate contractor(s) to repair and/or correct
such non-natural, created condition(s) and charge and collect and bring action to collect from
such landowner and/or resident the cost of such correction(s) and/or repair(s) together with
court or other proceeding costs, including legal fees, plus legal interest thereupon until paid;
and
BE IT FURTHER RESOLVED, that no person or entity shall create, permit, file or record
any lien, or encumbrance upon the right(s)-of-way(s) on road(s).
.~r D. Johnson, Chairman
Board
RESOLUTION NO. 99~t9(Page 4 of 4 continued)
STATE OF ARIZONA )
County Of Mohave )
The foregoing instrument was acknowledged before me this 1st day of November, 1999, by Buster D.
Johnson, Chairman of the Board of Supervisors of Mohave County, a body politic and corporate of the
State of Arizona, on behalf of the said County.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
)SS,
County Of Mohave )
The foregoing instrument was acknowledged before me this 1st day of November, 1999, by Pat C hastain,
Clerk of the of the Board of Supervisors of Mohave County, a body politic and corporate of the State of
Arizona, on behalf of the said County.
Notaq/Public --,,/
My Commission Expires:
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