The URL can be used to link to this page

Home My Public Portal AboutRES-CC-2014-04RESOLUTION NO.04-2014 RELINQUISHMENT OF SEWER EASEMENT AND SEWER LINE LOCATED AT 236 N. 100 W. The City of Moab, a Utah municipality, hereby executes this RELINQUISHMENT OF SEWER EASEMENT AND SEWER LINE on this 14`h day of January 2014, pursuant to the terms herein. WHEREAS, the City of Moab is designated as the Grantee of a sewer easement recorded in the real property records of Grand County, Utah in Book 4-D, at Page 362, recorded as Entry No. 200250 on September 10, 1941, and more particularly described in Exhibit A; and WHEREAS, part or all of said sewer easement is located on real property owned by Entrada Dogs, Inc., more particularly described in Exhibit B, incorporated herein by this reference, and known as Parcel Nos. 01-0001-0218 and 01-0001-0216 and by the street address 236 N. 100 W., Moab, Utah 84532 ("236 N. 100 W."); and WHEREAS, a sewer line was built on and across 236 N. 100 W. in said easement, which sewer line is not currently operational or serving any adjacent properties; and WHEREAS, in connection with development of 236 N. 100 W., the City of Moab has agreed to relinquish its rights in that portion of the sewer easement and sewer line located on and across 236 N. 100 W. Said portion of the sewer easement and sewer line is more particularly described in Exhibit C. NOW THEREFORE, the City of Moab, in consideration of the covenants described herein, hereby QUITS, VACATES, RELEASES, AND RELINQUISHES any and all rights to the sewer easement and sewer line described in Exhibit C and located over, under, on and across the real property described in Exhibit B. This Relinquishment shall not affect the City's rights in any other existing sewer easements and sewer lines not described in Exhibit C. IN WITNESS WHEREOF, this RELINQUISHMENT OF SEWER EASEMENT AND SEWER LINE has been ecuted by the City of Moab, acting by and through the Moab City Council, which has duly authorized its,execution. CITY Mayor David I,. Sakrison ST: Date �_�� ___1L.." Rachel E. StF,nta Date .9 0 , EXHIBIT A •me EASEMENT • We, Daisy F. Allen, Marguerite Taylor, Lucille Taylor, rilelen Marie Taylor and Daisy F. Allen as Guardian of Maz Byron Taylor, a minor, for value received hereby dedicate to the City of Moab, a municipal corporation, in the county of Grand, State of Utah, for the purpose of a Aewar line, a strip of land across our premises. in Grand County, State of Utah, Which land so dedi- cated is described as follows, to -wit: E A strip of land three feet aide on each side of a line, beginning approximately 96.5 feet East and 183 feet North of the Northwest corner of Block 25; thence North 390 01T Bast 84 feet; thence 42fton a 70 06, curve. And We further agree that the said City of Moab shall Jaye the right at all times to enter upon said lands and make all ;necessary and reasonable repairs for the maintenance and upkeep r of said surer line. IA WITNESS WHEREOF, ao have hereunto set our hands this f�8th day of March 1940. Signed in the presence of: `k\ukli, T a la fo° C 4#-°44.4 1,1,414.1 4. A924V T 1 1 T Tgetz„.4.41# At/guardian of Max Byron Tay a Minor. T -000- xaeo, Agenda Page 66 of 73 -010- STATE OF UTAH ) 88 County of Grand ) On the 28th day of March 1940 personally appeared be- fore me, Daisy F Allen Marguerite Taylor Luollle Taylor Helen Marie Taylor and Daisy F Allen as Guardian of Max Byron Taylor a minor the signore of the above instrument who duly aoknowledged to ms that they exeouted the ears My oommission expires 12/26/42 siding at Wyab Utah. Agenda Page 67 of 73 -St -r rf �. County I herd certify; giistk: ingirfarbent 1.1168 (114 f ty, oinee on c116#34 nerd.:g • i Page 68 of 73 • +' . EXHIBIT B Legal Description 236 N. 100 W. Moab, Utah 84532 Parcel 1: T26S, R21E, SLB&M, SECTION 1: BEGINNING AT A POINT WHICH BEARS N 0 DEG. 17' E 216.9 FEET FROM THE NW CORNER OF BLOCK 25, MOAB TOWNSITE, AND RUNNING TIIF.NCE S 89 DEG. 30' E 96.5 FT., THENCE NORTH 56.1 FT., THENCE WEST 96.5 FT., THENCE SOUTH 56.1 FT., MORE OR 1,ESS, TO THE POINT OF BEGINNING. Parcel 2: T26S, R21E, SLB&M, SECTION 1: BEGINNING AT A POINT WHICH BEARS N 0 DEG.17' E 229.99 FT. AND S 89 DEG. 47' E 97.14 FT. FROM THE NW CORNER OF BLOCK 25, IVIOAB TOWNSITE, AND RUNNING THENCE NORTH 112 FT., THENCE EAST 96.5 FT., THENCE SOUTH 112 FT., THENCE WEST 96.5 FT. TO TIIE POINT OF BEGINNING. a\planning department\2014\resolutions\cauncil\#04-2014 sewer ease.dacx Relinquishment Page 3 of 3 EXHIBIT C Legal Description Sewer Easement A 6.0 ft wide Sewer Easement, 3.0 ft on each side of the following described centerline in Section 1, T 26 S, R 21 E, SLM, Moab City, Grand County, Utah: Beginning at a point which bears 134.27 ft East and 229.62 ft North of the NW Corner of Block 25, Moab Townsite, and proceeding thence with the centerline of said easement N 39°01' E 24.00 ft, thence along the arc of an 806.98 ft radius curve (7°06') to the left 76.72 ft (said curve has a chord which bears N 36°17'35" E 76.69 ft) to a point on the West line of real property known as Parcel Nos. 01-0001-0072 and 01-0001-0073 (known as 44 West 200 North). Relinquishment Page 2 of 3 Park View Lodge Sanitary Sewer Easement Legend Exhibit 'A' - Book 4D Page 362 Exhibit'B' Park View Lodge Property Exhibit'C' - Easement To Be Relinguished San_Sewer_Not_In_Use Parcels 0 10 20 40 Feet 1 inch = 40 feet !Lodge Exhibit 'B' tee, �o m� �0 i / e�Q� AV: Jeffrey's St_.k House �� / e ��- tte.. w� , • , *.., , . .. • illiSo-qt„, �Go oa�' ��er �z+ 1'/ce; S�ctci+% ` sewer cleats -out tye Y) r� , I�� en,: .1 is,►& 03 y. ,`tea �• fb V <0(4�� r A, 'q ¢ . p0 'Cornwell a . _o W Corner Block 25 Moab Townsite Frankie D's ar AJB Holding Parcels 01-0001-00 01-0001-00 200 N St. CY POAB AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 14,2o14 Agenda ltem #: 6-3 PL-14-o05 Title: Adoption of Council Resolution #04-2014 Approving a Requested Relinquishment of Sanitary Sewer Easements from Entrada Dogs, LLC, Located on Property at 236 N. 100 W. Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Kajur Kulp, developer Summary: Staff has been working with the applicant Kajur Kulp, to remedy an issue of a sewer easement and abandoned line that runs through the property described above. The easement effectively bisects the lot so that any development would be hindered. Mr. Kulp is proposing to construct a ten unit lodging establishment and a laundry building for staff use on the property. (Refer to attached plan.) This application went before the Planning and Zoning Commission on January 9 and was conditionally approved. The relinquishment of this sewer easement is one of the conditions for approval. Public Works and Engineering Staff have been very involved in determining if the line is still active. A camera review of the pipe revealed a connection that proved to extend to 44 W. 200 N., the location of Frankie D's Bar and Grill. The sewer line does not follow the easement exactly and in some places is beyond the described parameters of the easement. Because AJB Holdings, LLC is owned by Anthony Basso and not the applicant, it was necessary for Mr. Kulp to obtain relinquishment of the easement and the existing sewer line from the property owner. A copy of the relinquishment is provided in your packet along with a legal description. The applicant is proposing to construct Park View Lodge, a ten -unit nightly lodging development on the site. The color concept plan is attached for your convenience. Adoption of Resolution #04-2014 does not approve the site plan but only abandons the sewer easement and sewer line. The relinquishment of the easement and abandoned sewer line by the Council will allow the project to proceed with additional engineering of the project and other site considerations. Options: i. Approve the relinquishment of the sanitary sewer easement and the abandoned line; 2. Deny approval of the relinquishment; 3. Table the request if more information is required. Staff Recommendation: Staff recommends that Council adopt Resolution #4 approving the relinquishment of the abandoned sanitary sewer line and easements. These are not being used and the affected property owned by Mr. Basso has other means of attachment to the sanitary sewer system. Recommended Motion: I move to adopt Resolution #4 to approve the vacation of the sewer easements and sewer line and direct the mayor to sign the Relinquishment of Sewer Easements and Sewer Line document. Attachment(s): o Signed copy of a letter from Anthony lames Basso relinquishing all rights to the sewer easement and sewer line from his property o Window from state website indicating that Anthony James Basso is the registered and manager of the AJB Holdings, LLC; o Drawing based on the described easements and the alignment of the sewer line o Resolution #4, Relinquishment of Sewer Easements and Sewer Line for the mayor's signature and recording by the applicant. pAplanning department \2014\correspondence\p1-14-005 cc knkopelli 100 w sewer easement.docx