HomeMy Public PortalAboutRES-CC-2016-03RESOLUTION #03-2016
A RESOLUTION APPROVING A VACATION OF A BOUNDARY LINE FOR PROPERTIES LOCATED
IN THE C-5, NEIGHBORHOOD COMMERCIAL ZONE, AT 301 S 400 E, OWNED BY CANYONLANDS
REALTY
WHEREAS, Mr. Dave Bierschied, as Owner of Canyonlands Realty with offices at 300 South Main Street
Moab, Utah 84532, has applied for a vacation of a boundary line Adjustment of properties located at 301 S
400 E in the C-5, Neighborhood Commercial Zone; and
WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed boundary line vacation; and
WHEREAS, the Owner desires to create one commercial lot consisting of 20,857 square feet (.48 acres)
at 301 South 400 East; and
WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on February
23, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter
10-9a-608(2) that allows an amendment of a subdivision plat without a public hearing if:
(a)the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a
violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or
parcels join in the petition, regardless of whether the lots or parcels are located in the same
subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the
local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other attributes of lots
within the subdivision that are not owned by the owner..."; and
WHEREAS, the application does not include a request to vacate or amend a public street, right-of-way, or
easement; and
WHEREAS, the proposed amended lot size is appropriate for the C-5 Zone; and
WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical
aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL:
THAT, the application for the vacation of the boundary line between the lots located at 301 S 400 E is
hereby approved without conditions.
PASSED AND ADOPTED by action of the Moab City Co ncil in open session this
23rd day of February , 2016.
ATTEST:
ct,tie -Ift-4-cL__
achel Stenta
Moab City Recorder
L
Dave Sakrison
Mayor
Resolution #03-2016
Page 1 of 1
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
Applicant: 5 (Z
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Mailing Address: 3CD S VY1 1.. E-mail: d a
Size of Properties: . S GC('
Location of Affected Properties: 3 0 S j 'ADD
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A short narrative describing the reason for the amendment is required and is part of a complete
application, Failure to submit a narrative will delay review of the application.
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
141- 0100`�
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. / 7 0 0 81)
Phone: , r}
4.2 V1An nl,r eA
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
v. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the Grand
County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
PE I I I ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT
page 2
1
DATE OF CITY COUNCIL APPROVAL: a - a 3 - 9 0 ► 1/
MAYOR
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Dave Sakrison Date
ATTEST:
2-d,3 —�G 1 �
Date
PE i 1 i 10N TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
OWNERS:
Date
D�► � �� 1 ���d. s E'p / m �,� � Dat��Ck� F �
State of ) 12-el)t- L-11.4
County of )
On the (991-hday of , personally appeared before me i..�V
1 1 I,o vi� f L f ��� Lliu-� iS �QF, ` -}-, + �! (name of owner(s))
, who duly acknowledged to me that they executed the same.
C V NAVARRE
Notary Public State of Utah
My Commission Expires on:
August 22, 2018
Comm. Number: 678939
Nary Public
My Commission Expires: Residing in 0,,b0-b ti ab
6thiq. -22,2.Le
OWNERS:
Date
Date
State of )
County of )
On the day of , personally appeared before me
(name of owner(s))
, who duly acknowledged to me that they executed the same.
My Commission Expires:
Notary Public
Residing in