HomeMy Public PortalAboutRES-CC-2019-66CITY OF MOAB RESOLUTION NO. 66-2019
A RESOLUTION APPROVING A LOT CONSOLIDATION FOR LOTS 22 AND 24 MULBERRY GROVE
LOCATED AT 633 AND 641 PEACOCK LANE
The following describes the intent and purpose of this resolution:
a. Property Owner PSX3 LLC (represented by Scott Parkinson) wishes to consolidate 2 contiguous
lots in the Mulberry Grove Subdivision to make one parcel upon which they propose to build a
single household home and an accessory dwelling unit: and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed lot consolidation as required in MMC Chapter 16; and
c. The property is in the RA-1 Residential -Agricultural Zone and the proposed uses are allowed as
permitted uses; and
d. Owner desires to combine two contiguous parcels into one parcel, and
e. Utah State Code Section 10-9a-608-14 states that no public hearing is required for a petition that
seeks to join two or more of the petitioner fee owner's contiguous lots; and
f. Moab Municipal Code Section 16.08.050 allows the City Council to approve plat amendments
(Lot Consolidations) at a public meeting without a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
Mulberry Grove Lot Consolidation is hereby APPROVED
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on December 10, 2019.
SIGNED:
ATTEST:
Emily N ehaus, Mayor /�
.� 1 i`j11it i� r
Sbinmar Joinsota, Recorder
Utah Code
Effective 5/14/2019
10-9a-608 Vacating, altering, or amending a subdivision plat.
(1)
11-A fee owner of land, as shown on the last county assessment roll, in a subdivision that has
been laid out and platted as provided in this part may file a written petition with the land use
authority to have some or all of the plat vacated or amended.
12-If a petition is filed under Subsection (1)(a), the land use authority shall provide notice of the
petition by mail, email, or other effective means to each affected entity that provides a service to an
owner of record of the portion of the plat that is being vacated or amended at least 10 calendar
days before the land use authority may approve the vacation or amendment of the plat.
13-If a petition is filed under Subsection (1)(a), the land use authority shall hold a public hearing
within 45 days after the day on which the petition is filed if:
(i) any owner within the plat notifies the municipality of the owner's objection in writing within 10
days of mailed notification; or
(ii)a public hearing is required because all of the owners in the subdivision have not signed the
revised plat.
14-Unlessa local ordinance provides otherwise, the public hearing requirement of Subsection
(1)(c) does not apply and a land use authority may consider at a public meeting an owner's petition
to vacate or amend a subdivision plat if:
(a) the petition seeks to:
(b) join two or more of the petitioner fee owner's contiguous lots;
(c) 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 adevelopment condition;
(d) 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;
(e) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the
local political subdivision; or
(f) alter the plat in a manner that does not change existing boundaries or other attributes of lots
within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(g) notice has been given to adjacent property owners in accordance with any applicable local
ordinance.
15- Each request to vacate or amend a plat that contains arequest to vacate or amend a
public street or municipal utility easement is also subject to Section 10-9a-609.5.
16- Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire plat or on
that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the petition.
(5)
(a) The owners of record of adjacent parcels that are described by either a metes and bounds
description or by a recorded plat may exchange title to portions of those parcels if the
exchange of title is approved by the land use authority in accordance with Subsection (5)(b).
(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if the
exchange of title will not result in a violation of any land use ordinance.
(c) If an exchange of title is approved under Subsection (5)(b):
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Utah Code
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(i) a notice of approval shall be recorded in the office of thecounty recorder which:
(A) is executed by each owner included in the exchange and by the land use authority;
(B) contains an acknowledgment for each party executing the notice in accordance with the
provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
(C)recites the descriptions of both the original parcels and the parcels created bythe
exchange of title; and
(ii) a document of conveyance shall be recorded in the office of the county recorder.
(d) A notice of approval recorded under this Subsection (5) does not act as a conveyance of
title to real property and is not required in order to record a document conveying title to real
property.
(6)
(a) The name of a recorded subdivision may be changed by recording an amended plat making
that change, as provided in this section and subject to Subsection(6)(c).
(b) The surveyor preparing the amended plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with Section
17-23-17 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the subdivision
described in the amended plat the same name as a subdivision in a plat already recorded in
the county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other document that
purports to change the name of a recorded plat is void.
Amended by Chapter 384, 2019 General Session
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