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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 Wlew•+3E v._ I rvwi AG. - Mailing Address: 3CD S VY1 1.. E-mail: d a Size of Properties: . S GC(' Location of Affected Properties: 3 0 S j 'ADD ., 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 a p?3-aolto 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