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HomeMy Public PortalAboutRES-CC-1963 no numberCONDEMNATION RESOLUTION RESOLVED by the City Council of the City of Moab that it finds and determines and hereby declares that The public interest and necessity require the acquisition, construction and completion by the City of Moab, acting through its City Counell, of a public improvement, namely a water and sewer line. The public interest and necessity require the acquisition and immediate occupancy, for said public improvement, of the real property, or interest in real property, hereinafter described. Said proposed water and sewer line is planned and located in a manner w hich will be most compatible with the greatest public good and the least private injury. BE IT FURTHER RESOLVED by said City Council that the City Attorney of the City of Moab, State of Utah, shall be instructed and requested, on behalf of said City Council: To acquire, in theoame of the City of Moab, the said hereinafter described real property, or interests in real property, by condemnation in accordance with the provisions of the Statutes and of the Constitution of Utah relating to eminent domain; To prepare and prosecute such proceeding or proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition, To obtain from said court an order permitting said City Council to take immediate possession and use of said real property, or interests in real property, for sewer and water purposes, or purposes incidental thereto. The real property, or interest in real property, which the City Council, by this Resolution, is authorized to acquire for said public use is situate in the County of Grand, State of Utah, and is described as follows A permanent easement, including the perpetual right to enter upon the land hereinafter described at any time that it may see fit and construct, maintain and repair underground water and/or sewer lines across, through and under the land here- inafter described, together with the right to excavate and refill ditches and/or trenches for the location of said pipeline or mains and the further right to remove trees, brushes, undergrowth and other obstructions interfering with the loca- tion, construction and maintenance of said pipeline and/or mains. The land affected by the granting of this Easerre nt and right of way is located in the County of Grand, State of Utah, and is ,;nor a particularly described as follows, to -wit. A strip of land ten feet (10„ 09 in width on each side of a centerline which is described as follows Beginning at a point which lies North 11.3 7.1 feet and West 1314.7 feet from the Southeast corner of Section 35, Township 25 South, Range 21 East, Salt Lake Meridian, running thence South 89052i West 109.9 feet to a point which lies North 1136.8 feet and West 1423.7 -2- feet from said Southeast Corner of Section 35, Township 25 South, Range 21 East, Salt Lake Meridian. RECORDED OWNERS: Vernon D. McElhaney and Cleo Donis McElhaney, husband and wife ADDRESS: Moab, Grand County, State of Utah LIEN HOLDER: First Security Bank of Utah, N.A., a Mortgage dated .August 29, 1962, Recorded .August 29, 1962 in Book 111, Pages 353-4, Grand C ounty Recorderts Office in the sum of $5, 395.20. Passed by theaunaninnons wrote of aj.l members present of the City Council of the City of Moab, Utah, this 16th day of April, A. D., 1963. APPROVED: Mayor