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HomeMy WebLinkAbout99-455 iNoSx -o ~ ; ~ .~ ,;()AN .n,C tALL. MOHAVE (:~]UN'iY - ~].:~ 17.C7/.,.?~? 04:26P PAGE RESOLUTION NO. 99-455 A RESOLUTION SETTING FORTH AN ABANDONMENT OF THE OUTERMOST 50-FOOT PORTIONS OF THE ROADWAY RIGHT-OF-WAY/EASEMENT LYING EASTERLY AND WESTERLY OF THE CENTERLINE OF THE 200-FOOT RIGHT-OF-WAY KNOWN AS HIGHWAY 91, BEGINNING AT THE SOUTH LINE OF THE NW¼ NE¼ OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 15 WEST AND EXTENDING NORTHERLY APPROXIMATELY 2,900 FEET, AS MEASURED ALONG THE RIGHT-OF-WAY CENTERL1NE, EXCEPTING THE INTERSECTING RIGHTS-OF-WAY KNOWN AS OLD PIONEER ROAD, BEAVER DAM DRIVE, AND MCKNIGHT ROAD, AND THE SPAN BETWEEN THE NORTHERLY AND SOUTHERLY BANKS OF THE BEAVER DAM WASH, TO THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF RIO VIRGIN ROAD AND ITS INTERSECTION WITH THE CENTERLINE OF SAID HIGHWAY 91 1N THE NW¼ SW¼ SECTION 33, TOWNSHIP 41 NORTH, RANGE 15 WEST, IN THE ARIZONA STRIP AREA, MOHAVE COUNTY, ARIZONA. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on December 6, 1999, a public hearing was conducted to determine whether approval should be granted to abandon the above-described roadway right-of-way as requested by Hamilton Ranch, LLC, etal of Littlefield, Arizona, and WHEREAS, Highway 91 is located north of Interstate 15 and traverses the Beaver Dam Wash. The site is accessed from I- 15 and begins near Old Pioneer Road. The proposed abandonment extends from this intersection northward to approximately Rio Virgin Road, aka ADOT access road. The roadway consists of 32 feet with ten feet on both sides maintained. The roadway slopes towards the Beaver Dam Wash. Residential and conmaercial development has occurred on both sides of the road,vay. The Beaver Dam Wash crosses the roadway, and WHEREAS, the applicants propose to abandon this portion of County Highway 91 to increase their property areas and, in some instances, allow for decreased building setbacks to the existing edge of pavement. The Mohave County General Plan designates this area as an Outlying Connnunity and Rural Development Area, and WHEREAS, Dixie Escalante Rural Electric Association, Virgin Mountain Water Co., Beaver Dam Water Co. and the Littlefield Fire Department have not made comments on the proposed roadway abandonment, and PAGE 2 OF 6 i~,K ;.~42i) P6 539 RESOLUTION NO. 99-455 Page 2 WHEREAS, Shadow Ridge Water Co. has no comments or objections to the abandomnent, and WHEREAS, Rio Virgin Telephone Co. has objected to the abandonment because their telephone lines are utilizing the right-of-way, and WHEREAS, the Mohave County Department of Public Works does not object to the abandonment provided that an American Land Title Association (ALTA) survey be completed for the proposed area of abandonment which identifies the limits of the abandonment; all existing utilities lines and their locations; existing improvements such as, but not limited to, pavement, curbs, signs, drainage facilities and any other matter pertinent to the area. The abandonment area shall not include any needed right-of-way to accommodate existing roadways currently intersecting County Highway 91 including, but not limited to, Old Pioneer Road, Beaver Dan~ Drive, McKnight Road, and the road shown as Tax Assessor's Parcel 402- 63-066, dated July 9, 1999. The abandonment shall be configured to provide 50-foot radius curves connecting the new right-of-way line with intersecting roadways mentioned above and any others identified xvith the ALTA survey. The abandonment shall not include the area currently occupied by the County Garbage Disposal Facility located near the intersection of Rio Virgin Road, aka ADOT access road, and County Highway 91. Prior to the execution of the abandonment, all easements needed for existing utilities, drainage and any other identified needs shall be granted and recorded with the Mohave County Recorder. New right-of-way monuments, approved by the County Surveyor, shall be set at all right-of-way points, points of curvature and points as determined by the County Surveyor. The Department also notes that '~the property.., may be subject to an auction process," and WHEREAS, a review of FEMA FIRM Panel #040058-0025B 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 County has no current or anticipated need for the right-of-way for the purposes originally intended when the property was acquired from the State of Arizona. c. Lots 1, 2, 3 and 4 of BEAVER DAM ESTATES, Tract 3034-A, are being assessed "by site;" hence, the County will not benefit from increased tax revenue if these lots increase their square footage. d. Other properties along the right-of-way are being assessed per square foot. Please see Exhibit A for the assessed value of these properties and the expected increase in County property taxes and increases in Full Cash Value to each property owner. The land's assessed valuation is projected to increase from $894,342 to approximately $970,519, an increase of $86,177. e. The 50-foot right-of-way portions to be abandoned do not appear to be maintained by the County. f. The public benefit appears to be tess than the value of the property to be abandoned. g. The proposed action and the effect complies with the Mohave County General Plan. PAGE S OF & RESOLUTION NO. 99-455 Page 3 h. The site is adequate for the action intended and the use is consistent with the surrounding land uses and terrain. i. The site has legal access. j. There are no significant environmental features affecting the site, except the above- mentioned flood hazard zone. WHEREAS, at the public hearing before the Mohave County Plamfing and Zoning Conunission on November 10, 1999, the Commission recommended APPROVAL for the Abandonment subject to the following: 1. The outermost 50-foot portions of the roadway right-of-way/easement lying easterly and westerly of the centerline of the 200-foot right-of-way known as County Highway 91 shall be abandoned per Exhibit "B," as further refined by the yet to be completed ALTA survey. 2. An ALTA survey be completed for the proposed area of abandonment which identifies the limits of the abandonment, all existing utilities lines and their locations, existing improvements such as, but not limited to, pavement, curbs, signs, drainage facilities and any other matter pertinent to the area. The abandonment area shall no~t include any needed right- of-way to accommodate existing roadways currently intersecting County Highway 91 including, but not limited to, Old Pioneer Road, Beaver Dam Drive, McKnight Road, and the road shown as Tax Assessor's Parcel 402-63-066, dated July 9, 1999. 3. The abandonment shall be configured to provide 50-foot radius curves connecting the new right-of-way line with intersecting roadways mentioned in Condition No. 2 and any others identified with the ALTA survey. New right-of-way monuments, approved by the County Surveyor, shall be set at all right-of-way points, points of curvature and points as determined by the County Surveyor. 4. The abando~ment shall not include the area currently occupied by the County Garbage Disposal Facility located near the intersection of Rio Virgin Road, aka ADOT access road, and County Highway 91. 5. Lands under the Bureau of Land Management's jurisdiction shall no__~t be affected by this abandonment process. 6. Prior to the execution of the abandonment all easements needed for existing utilities, drainage and any other identified needs shall be granted and recorded with the Mohave County Recorder. 7. Written concurrence shall be submitted from all affected utilities prior to roadway abandonment showing that the new easements grantings will preserve the integrity of the existing utility lines. RESOLUTION NO. 99-455 Page 4 WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, November 17, 1999, and November 24, 1999, and posted November 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, December 6, 1999, APPROVED this Abandonment as recommended by the Mohave County Planning and Zoning Commission and outlined herein. M~E C4NTY BOARD OF SUPERVISORS Buster D. Jolltfison, Chairman PAGE 4 OF 6 FEE,~,, J71~ BK ~420 PG 441 '