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Council tables right-of-way vacation at 350 South 900 West after utility-easement concern
Summary
The American Fork City Council voted to table a proposed partial vacation of right-of-way at roughly 350 South 900 West after staff and council members said Rocky Mountain Power has equipment on city property without a recorded easement and the easement should be recorded before the vacation is finalized.
The American Fork City Council on March 25 tabled an ordinance that would have vacated a portion of the public right-of-way at approximately 350 South 900 West after staff said Rocky Mountain Power maintains equipment on the strip without a recorded easement.
Council members said the council should record a public utility easement (PUE) for the utility equipment before vacating the right-of-way so the utility’s interest is protected and the plat can be recorded.
Mayor and staff explained the issue arose while finalizing a townhome plat that required the right-of-way line be moved to match the built cross section. Sam, a city staff member who explained the background, said Rocky Mountain Power “has a power box on our property that isn't in an easement,” and that the city cannot record the plat until the right-of-way and easement issues are resolved. Sam asked the council to delay the vacation so the city can first dedicate a public utility easement that would allow the utility to remain in place.
City staff and council members described the problem as a paperwork/plat alignment issue that occurred when 900 West was laid out and some small strips “fell through the cracks.” Patrick, a city staff member who spoke during the discussion, said the requested change would move the right-of-way line to match the townhome plat and would “give it to the property owner so the property owner can record his plat,” which in turn would define the public utility easement for the power equipment.
Council member Hawley moved to table the ordinance approving the partial right-of-way vacation related to the Lakeshore Landing Subdivision and to table related authorizations until necessary documents are prepared. Council member John seconded. The motion passed on a roll-call vote with all present council members recorded as "Aye." The council directed staff to prepare the necessary dedication of a public utility easement and return the item at a future meeting.
Council members discussed alternatives, including whether signatures or other agreements could temporarily resolve the issue. Staff advised that signing a class or temporary agreement would not fix the underlying plat/easement problem; the preferred solution is to place a recorded easement before final vacation.
The council’s action preserves the current right-of-way status and gives staff time to secure a recorded public utility easement that Rocky Mountain Power prefers, avoiding leaving the utility equipment located on city-owned right-of-way without a formal easement.
The council returned to several other agenda items after the vote and set the item for follow-up at a later meeting.
