SUMMIT COUNTY ORDINANCE NO. 914 AN84017 | 10/07/2020 | Ad id: 9-0000626197-01
SUMMIT COUNTY ORDINANCE NO. 914 AN ORDINANCE TO OFFICIALLY VACATE AN EASEMENT GRANTED TO SUMMIT COUNTY FOR A RIGHT-OF-WAY AND UTILITY EASEMENT LOCATED WITHIN LOT 8 OF THE MOUNTAIN TOP SUBDIVISION, LOCATED IN THE SOUTHEASTERN QUARTER OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 4 EAST, SALT LAKE BASE AND MERIDIAN, SUMMIT COUNTY, UTAH. WHEREAS, on July 15, 2020, a petition to vacate a right-of-way and utility easement recorded on July 14, 1980 as Entry No. 168498 (as further described in Exhibit A), entirely within Lot 8 Mountain Top Subdivision, was filed by Erik and Linda Watts, owners of Lot 8, Tax ID # MT-8; and WHEREAS, Utah Code Ann. § 72-3-108 provides the mechanism and process by which public roads can be vacated; and WHEREAS, Snyderville Basin Development Code, Section 10-3-18 provides process and criteria for vacation of easements and requires that there is good cause to vacate an easement, and requires that the public interest, and any person, will not be materially injured by vacation of an easement; and WHEREAS, notice of a public hearing was published in a newspaper of general circulation in the county, posted in three (3) public places at least once each week for four (4) consecutive weeks prior to the hearing, and mailed to all owners of property abutting the road; and WHEREAS, a public hearing was held on September 30, 2020, at which the Petitioners, and/or their representatives, and other members of the public were present to give comment; and WHEREAS, there appears from the record, to be good cause to vacate the easement since there is no public destination on the road, no need for public access, abutting properties are serviced by Mountain Top Drive, that is a private road located entirely within the platted roadway right-of-way, and there is no historical public use of the easement; and WHEREAS, vacation of this right-of-way and utility easement as set forth above will not be detrimental to the general interests of the community nor materially affect access enjoyed by the property owners or utility providers; and WHEREAS, existing Mountain Top Drive, a private road, is now entirely located within a platted right-of-way easement that provides access to all the lots within the Mountain Top Subdivision; and WHEREAS, a variety of utility and access easements are identified on the Mountain Top Subdivision plat, providing utility and service providers, including County services, such as emergency services, sheriff, and others with access to lots within the Mountain Top Subdivision and the best interests of the community are provided for; NOW THEREFORE be it ordained by the Summit County Council, acting as the County Legislative Body of the County of Summit, State of Utah, as follows: Section 1. The County Council hereby finds that neither the public nor any person will be materially injured by the vacation of this easement, recorded as Entry No. 168498, and that there is good cause shown on the record to vacate the easement because there is no public destination on the road, no need for public access and there is no record of historical public use of the road. Section 2. The County Council hereby finds that the easement vacation as described above will not be detrimental to the general interests of the community nor will access enjoyed by the property owners and the public be materially changed by the vacation. Section 3. The County Council hereby finds that there is no continued public use or need for the continuation of public use of this easement and that it is in the best interests of the community to vacate the easement. Section 4. The County Council hereby officially vacates the right-of-way and utility easement recorded as Entry No.168498, located entirely within Lot 8 of Mountain Top Subdivision, parcel ID # MT-8. Section 5. The petition does not request vacation of any other road or portion of roads. Section 6. This ordinance shall take effect fifteen (15) days after passage by Summit County Council and upon publication in a newspaper published and having general circulation within Summit County. PASSED AND ADOPTED, this 30th day of September 2020 ATTEST: ____________________ Kent Jones, County Clerk SUMMIT COUNTY COUNCIL SUMMIT COUNTY, UTAH By:__________________ Chairperson Councilor Armstrong voted __aye_____ Councilor Carson voted __aye_____ Councilor Clyde voted __aye_____ Councilor Robinson voted __aye_____ Councilor Wright voted __aye_____ PUBLISHED IN THE PARK RECORD ON WEDNESDAY OCTOBER 7, 2020.