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