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Show i : Jlilll: in! In.' Ilfli-i In ! GARFIELD COUNTY ORDINANCE NO. 1993-1 AN ORDINANCE PURSUANT TO SECTION 27-12-102.1 UTAH CODE ANNOTATED (1953. AS AMENDED), DECLARING VACATION VA-CATION OF A COUNTY ROAD. WHEREAS. Utah Code Annotated An-notated Section 27-12-102.1 (1953, as amended) provides that on petition peti-tion of a person owning property within the county, and praying that a county abutting such property be vacated, the Board of County Commissioners may declare such road vacated by Ordinance, pursuant to the requirements of said section, and the notice requirements of Section Sec-tion 27-12-102.4 Utah Code Annotated Anno-tated (1953, as amended); and WHEREAS, the Board of County Commissioners of Garfield County, State of Utah received a petition from MCKAY WINKEL of W.M. INVESTMENTS, a person per-son owning property within the county, ana praying that the county road abutting the real property of W.M. INVESTMENTS, be vacated: va-cated: and WHEREAS, Notice of the pendency of the petition and prayer thereof and of the intention of the Board of County Commissioners of Garfield County to vacate said road, and the date ana place of hearing on said petition was given, in accordance accor-dance with Section 27-12-102.4, Utah Code Annotated (1953, as amended), by publishing said notice in the Garfield County News, a newspaper of general circulation in Garfield County once a week for four (4) consecutive weeks preceding preced-ing acuon on such petition; and WHEREAS, the only owners of record of land abutting the county road proposed to be vacated, and described above. Petitioner. W.M. INVESTMENTS, TOM SIMKINS, and MR. AND MRS. ROBERT MARSH, had actual notice no-tice of the proposed vacation and the hearing thereon, since each had appeared before the Board of County Commissioners on the day when said petition was first presented to express support for the vacation requested re-quested in me petition; and WHEREAS, pursuant to notice no-tice .given, as described above, a Eublic hearing on said petition was eld by the Board of County Commissioners Com-missioners of Garfield County on the 8th day of February, 1993, at the hour of 2:00 P.M., in the usual Commission Chambers of the Garfield County Courthouse, 55 South Main street, Panguitch, Utah 84759; and WHEREAS, the Board of County Commissioners of Garfield County, present at the public hearing hear-ing noted no opposition to the vacation va-cation prayed in said petition, and upon hearing, the Board of County Commissioners is satisfied that there is good cause for such vacation, vaca-tion, that it will not be detrimental to the general interest, and that it should be made: NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF UTAH, AS FOLLOWS: 1 . That pursuant to Section 27-12-102.1 Utah Code Annotated 0953. as amended), the following described county road located in Garfield County, State of Utah, is hereby declared vacated: Beginning at the Northeast North-east corner of Lot 5, Block 10, Hercules Subdivision and running thence Northeasterly North-easterly to the Southeast corner of Lot 6, Block 10, Hercules Subdivision; thence Westerly along the North right-of-way line of Bryce Canyon Drive to the Southwest South-west corner of Lot 1, Block 10, Hercules subdivision; thence Southeasterly to the Northwest corner of Lot 2, Block 10, Hercules Subdivision; Subdivi-sion; thence Easterly along the South right-of-way line of Bryce Canyon Drive to the point of beginning. 2. That, pursuant to Section 27-12-102.5 Utah Code Annotated (1953, as amended), this Ordinance shall be operative upon its effective date as a revocation of the acceptance accep-tance of such road, and the relinquishment relin-quishment of the County's fees therein by the Board of County Commissioners, but the right-of-way and easements therein if any, of Oie property owners and franchise rights of any public utility shall not be impaired thereby. 3. In the opinion of the Board of County Commissioners of Garfield County State of Utah, it is necessary to the preservation of the health, safety ana welfare of the residents of Garfield County that this Ordinance take effect immediately. immedi-ately. Therefore, this Ordinance shall take effect immediately upon passage and publication. PASSED, APPROVED, ADOPTED AND ORDERED PUBLISHED this 12th day of April, 1993. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, STATE OF UTAH: BY: Thomas V. Hatch, Chairman ATTEST: Hazel W. Rich, Clerk Published in the Garfield County News on April 15, 1993. |