Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Easement Vacation topic
No spam. Unsubscribe anytime.
Council reviews right-of-way and easement vacation proposals near industrial corridor and shopping center
Summary
Council staff previewed a right-of-way vacation near 900 North/1000 West (industrial area near Costco and Gosner) and an easement vacation in the Cache Valley Marketplace (Cash Only Mall/Target). Staff said petition mailings and public hearings are underway and that cross-access and maintenance agreements are required before final action.
City staff on Jan. 6 outlined two related land-use workshop items: a right-of-way vacation near 900 North/1000 West and a set of electrical and public-utility easement vacations within the Cache Valley Marketplace.
Paul, speaking for city staff, described the right-of-way petition as part of a 2009 subdivision layout and said Title 10 of the Utah municipal code governs the vacation process, including notice and petition requirements and the council’s duty to evaluate whether good cause exists and whether the public will be materially injured. Paul said that adjacent property owners had negotiated a cross-access easement and maintenance agreement meant to preserve access if the ROW is vacated; he emphasized that staff received the first inquiries and that the 10-day notice period had just begun.
On the easement vacations, Paul said utilities had already been relocated and recorded easements no longer matched the new parcel lines, so the applicants seek technical vacating of the recorded easements to allow commercial construction to proceed. Paul said the recorded documents for the electrical and public-utility easement vacations are ready to be filed following the same notice and hearing requirements.
Council members asked whether vacating an existing road would change maintenance responsibility or fire access and whether a variance would be easier than a vacation; staff said the city does not currently plow the small road portion being discussed and that cross-access easements will be recorded to bind future owners. Staff scheduled the public hearing and possible action on the right-of-way vacation in two weeks.
