SUMMIT COUNTY ORDINANCE 919 AN ORDINANC

84017 | 02/10/2021 | Ad id: 9-0000660172-01
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SUMMIT COUNTY ORDINANCE 919 AN ORDINANCE TO OFFICIALLY VACATE A PORTION OF RIGHT-OF-WAY OWNED BY SUMMIT COUNTY AND LOCATED ENTIRELY WITHIN THE PERIMETER OF PARCEL PP-112, LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 4 EAST, SALT LAKE BASELINE AND MERIDIAN, SUMMIT COUNTY, UTAH. WHEREAS, on November 24, 2020, a petition to vacate a portion of a deeded right-of-way recorded on September 16, 1985 as Entry No. 238942, Book 354, Page 801 in the Summit County Recorder's Office (as further described in Exhibit A), located entirely within Parcel PP-112, was filed by Goliath Properties, LLC, the owner of Parcel PP-112; WHEREAS, Utah Code Ann. ยงยง 72-3-108 and 17-27a-609.5 provides the mechanism and process by which public roads can be vacated; 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 within 1000 feet of the proposed right-of-way vacation; WHEREAS, a public hearing was held on January 20, 2021, at which the Petitioner, and/or its representative were present to give comment; WHEREAS, there was no comment in opposition to the proposed vacation on January 20, 2021, and the Council unanimously voted to approve the petition to vacate the right-of-way; WHEREAS, in 2009 the Summit County Council adopted six (6) factors to consider whether there is good cause to vacate a public right-of-way including: (1) recent public uses of the road or highway; (2) potential future uses of the road or highway; (3) use of the road or highway by the County government; (4) designation of road on Class B or Class D county road maps; (5) the ability of private landowners to access their properties following a vacation of the public road or highway; and (6) whether the landowners benefiting from the vacation would be required to provide private easements to other entities that may be disadvantaged by the loss of the public right-of-way; WHEREAS, there is good cause to vacate the requested portion of the right-of-way since all six factors are satisfied: 1) there is no public use of the right-of-way; 2) there are no potential future uses of the right-of-way; 3) a portion of the alignment includes a portion of the Mountain Regional Water SSD pumphouse, which will be accommodated by separate subdivision and deed from Goliath Properties to Mountain Regional Water SSD; 4) the alignment is not designated on Class B or Class D road maps; 5) no private landowners' access to their properties will be compromised, as all nearby properties derive access directly from the existing alignment of Old Ranch Road; and 6) no landowners or utilities would be required to procure private easements due to the vacation; and WHEREAS, vacation of this right-of-way as set forth above will not be detrimental to the general interests of the community nor materially affect access enjoyed by property owners or utility providers; 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 that portion of the PP-112-D-X right-of-way more particularly described and depicted in Appendix A, recorded as Entry No. 238942, Book 354, Page 801 in the Summit County Recorder's Office, within the perimeter of PP-112, and there is good cause to vacate the right-of-way. There is no public use of the right-of-way. There are no potential future uses of the right-of-way due to the location of the Mountain Regional Water SSD pumphouse. The abutting properties derive access directly from the existing alignment of Old Ranch Road. No landowners will be required to procure private easements due to the vacation. Section 2. The County Council hereby finds that the right-of-way 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 that portion of the PP-112-D-X right-of-way recorded as Entry No. 238942, Book 354, Page 801 in the Summit County Recorder's Office, located entirely within parcel PP-112. Section 5. The petition does not request vacation of any other road or portion of roads or portion of the referenced deeded right-of-way. Section 6. This ordinance shall take immediately upon publication. ADOPTED, this 3rd day of February 2021. ATTEST: _________________ Kent Jones, County Clerk SUMMIT COUNTY COUNCIL SUMMIT COUNTY, UTAH By:__________________Glenn Wright, Council Chair Councilor Armstrong voted ___aye_______ Councilor Clyde voted ___aye_______ Councilor Robinson voted ___aye_______ Councilor Stevens voted ___aye_______ Councilor Wright voted ___aye_______ ATTEST: _____________________ County Clerk, Summit County, Utah PUBLISHED IN THE PARK RECORD ON WEDNESDAY, FEBRUARY 10, 2021.