Moapa Valley, Nev. — Commissioners on July 16 held a plan- and zone-change package affecting a telecommunications site and adjacent right-of-way in Moapa Valley to resolve an ADA pedestrian-access easement before approving boundary vacations.
Bonnie McGrew, representing Brymont Construction and Moapa Valley Telephone Company, explained the proposal would reclassify about 1.06 acres from commercial-general to public facilities and vacate an oddly shaped public right-of-way that wraps near a gate and fence. "In order to conform with Title 30 and not have to move the fence and the gate about 6 feet in, we need to abandon that and just make it a public access," McGrew said.
Commissioners and Public Works staff warned that vacating the right-of-way while retaining an ADA pedestrian route would require a recorded pedestrian-access easement so county crews and the public could maintain ADA access. "Although they're vacating right-of-way to get the fence out, we do need a pedestrian access easement. So if that easement encompasses the fence, they will need to relocate the fence," said Juwan, a Public Works representative.
Nut graf: The matter was trailed so county staff and the applicant can draft a condition and recorded easement that preserves ADA-compliant pedestrian access; commissioners insisted on an express condition prohibiting gates or fences within the pedestrian easement if the vacation proceeds.
After discussion, the applicant agreed to hold the item while staff and the owner work out language requiring a pedestrian-access easement and removing any fence or gate from that easement. Commissioners instructed staff to add a condition that there be no fence or gates within the pedestrian access easement, and to delete an existing condition that had required additional easement grants by individual parcels. The hearing record shows a final motion approving the resolution with the added condition requiring relocation of gates/fences and a recorded pedestrian-access easement.
Ending: The vacation and zone-change matter will return after the applicant and Public Works finalize the easement language and fence-relocation plan; commissioners emphasized that the county would not waive ADA maintenance obligations.