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County adopts ordinance vacating part of 3200 West, to pursue quitclaim deeds and maintenance easement

Utah County Board of County Commissioners · November 17, 2021
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Summary

Commissioners adopted an ordinance vacating a portion of 3200 West near the Spanish Fork River; staff said the county will consider quitclaim deeds to adjacent owners in exchange for a maintenance access easement along the river and will seek written easements to protect water access.

The Utah County Board adopted an ordinance to vacate a portion of 3200 West between River Lane and the Spanish Fork River near Palmyra.

Staff explained the segment had functioned as a road until a bridge was removed in the 1950s and that the county still holds an underlying deed to the former roadbed. Members of the public who own adjacent properties described long‑standing agricultural and water uses and proposed an exchange in which the county would issue quitclaim deeds for parts of the old road in return for a maintenance/access easement along the river to facilitate county flood‑response and maintenance work.

Richard Nelson, Public Works Director, said the ditch that supplies adjacent properties will remain in place and staff does not intend to relocate it. Counsel advised the county to consider a written easement rather than relying on prescriptive use because prescriptive claims do not run against government property. Commissioners moved and passed the ordinance (voice vote recorded as 3-0). Staff said the quitclaim deeds and the maintenance‑easement proposal would be placed on a future agenda for commission consideration.