HomeMy Public PortalAboutRES-CC-2003-28Resolution # 28-2003
A RESOLUTION APPROVING A RIGHT-OF-WAY VACATION ADJACENT TO 124
WEST 200 SOUTH STREET
WHEREAS, the property located at 124 West 200 South Street was previously incorrectly
surveyed, and
WHEREAS, a new and correct survey of said property was performed, showing a portion of the
property located in the public nght-of-way, and
WHEREAS, the property located in the nght-of-way has been utilized by the property owners
and a fence has been located in the nght-of-way since at least 1977, and
WHEREAS, said use of the right-of-way has caused no detnment to the City of Moab or to the
free passage of traffic along 200 South Street, and
WHEREAS, the current paved roadway within said nght-of-way has been determined to be of
adequate width so as to not require full use of the nght-of-way as currently dedicated, and
WHEREAS, the current property owner will construct a sidewalk along the property, along with
other improvements, and
WHEREAS, the above described improvements provide benefits to the City and would not cause
any detnments to the City, and
WHEREAS, the City has initiated nght-of-way proceedings for the portion of the right-of-way in
question, and
WHEREAS, the portion of the nght-of-way in question is approximately 1,117 square feet, and
WHEREAS, a legal description for the portion of the right-of-way in question is attached to this
resolution, and
WHEREAS, the fair market value of the property to be vacated is approximately $2,000, and
WHEREAS, the value of the public improvements to be completed by the property owner is
S1,780, and
WHERAS, the value of these improvements is proximate to the value of the right-of-way to be
vacated and may be considered as in -kind payment of fair market value for said right-of-way,
and
Resolution #23-2003 Page I of 2
WHEREAS, consent of the vacation by the abutting property owner comes as a request to vacate
said right-of-way, and
WHEREAS, said request is attached hereto, along with a warranty deed showing recent transfer
of ownership, and
WHEREAS, a Quit Claim Deed will be prepared as the instrument to execute vacation,
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the right-
of-way vacation for the portion of the City nght-of-way described in the legal description
attached hereto, and further authonze the Mayor to execute a quit claim deed consistent with this
resolution and state law
This resolution shall take effect immediately upon passage
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 18`s day of November, 2003
CITY OF MOAB
By 664/iL,
David L Saknson
Mayor
Attest
Rachel Ellison
City Recorder
Resolution #21 2003
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