17-14 Vacation 500 South 500 West.Pdf

RECORDED

JUL 21 2017

CITY OF LOGAN ORDINANCE N0.17-14 Logan City Recorder

AN ORDINANCE VACATING RIGHT OF WAY ON PARCEL 02-058-0056

WHEREAS, the City has received a request submitted by the property owner of the subject public right of way, requesting that the public right of way be vacated,

WHEREAS, the City has authority by State Law to vacate streets, rights of way, and public utility easements, from use by the public;

WHEREAS, the existing public right of way being vacated supported a sewer dump station which is being removed to support a future access to the County parcel;

WHEREAS, the Logan Municipal Council finds there is good cause for vacating the public right of way and finds such action shall not materially injure the public or any person; and,

WHEREAS, the proposed vacation of public right of way, as set forth herein, has been reviewed by the City and the City Council, and all appropriate hearings, postings, and notifications have been performed in accordance with Utah law to obtain public comment regarding the proposed determination.

THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF LOGAN, STATE OF UTAH, AS FOLLOWS:

SECTION 1: Pursuant to Section 10-9a-609.5, Utah Code Annotated, 1953 the public rights of way shown in Exhibit A are hereby abandoned and vacated .

SECTION 2: Effective Date. This ordinance shall become effective upon publication.

PASSED BY THE LOGAN MUNICIPAL COUNCIL, STATE OF UTAH THIS dQ DAY OF ~ 1 2017 by the following vote:

Ayes: ~.J~~,°"S"\\M..,~L:1, ~~1 0~, ~ Nays: t°'- (5\--e.. Absent: f' 0\-,e

Ent 117u~167 Bk 1961 Pg 1220 late: 20-Jul-2017 04:45 PII Fee $.00 Cache County, UT Michael Gleed, Rec. - Filed 111J TJ For LOGAH CITY ATIEST:

Teresa Harris, City Recorder

PRESENTATION TO MAYOR

The foregoing ordinance was presented by the Logan Municipal Council to the Mayor for approval or disapproval on the Jtb day of z5lw-¥(.. , 2017.

MAYOR'S APPROVAL OR DISAPPROVAL

Ent 117~167 Bk 1961 Pg 1221 Exhibit A

RIGHT OF WAY AREA TO BE VACATED

500 .SOU TH .

Ent . 1 176167. Bk 1961 Pg 1222 A PARCEL OF LAND TO BE VACATED FROM A PORTION OF DEDICATED LAND TO LOGAN CITY ALONG 500 WEST STREET ON THE WILLOW PARK AND FAIRGROUNDS SUBDIVISION FILED AS ENTRY NO. 1137435 IN THE RECORDERS OFFICE, COUNTY OF CACHE, UTAH. PARCEL IS SITUATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 11 NORTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT LOGAN CITY GPS/GIS MONUMENT 361 AND RUNNING THENCE, NORTH 02°38'52" EAST 1270.09 FEET TO LOGAN CITY GPS/GIS MONUMENT 360; THENCE, SOUTH 13°41'31 " EAST 148.33 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF 500 WEST STREET AND THE POINT OF BEGINNING.

THENCE, NORTH 03°48'08" EAST 70.14 FEET ALONG THE WEST LINE OF WILLOW PARK AND FAIRGROUNDS SUBDIVISION TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST;

THENCE, NORTHEASTERLY 97.53 FEET ALONG SAID CURVE HAVING A RADIUS OF 242.00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 80°07'03" EAST), THROUGH A CENTRAL ANGLE OF 23°05'28" (THE CHORD OF SAID CURVE BEING NORTH 21 °25'41"EAST 96.87 FEET) TO A NON TANGENT LINE;

THENCE, NORTH 30°59'55" EAST 60.81 FEET TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST;

THENCE, SOUTHWESTERLY 31 .24 FEET ALONG SAID CURVE HAVING A RADIUS OF 60.00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 59°00'05" EAST), THROUGH A CENTRAL ANGLE OF 29°49'52" (THE CHORD OF SAID CURVE BEING SOUTH 16°04'59" WEST 30.89 FEET) TO A CURVE CONCAVE TO THE NORTHWEST;

THENCE, SOUTHWESTERLY 162.03 FEET ALONG SAID CURVE HAVING A RADIUS OF 264.00 FEET (RADIUS POINT OF SAID CURVE BEARS NORTH 88°49'57" WEST), THROUGH A CENTRAL ANGLE OF 35°09'57" (THE CHORD OF SAID CURVE BEING SOUTH 18°45'02" WEST 159.50 FEET) TO A CURVE CONCAVE TO THE SOUTHEAST;

THENCE, SOUTHWESTERLY 34.07 FEET ALONG SAID CURVE HAVING A RADIUS OF 60.00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 53°39'59" EAST), THROUGH A CENTRAL ANGLE OF 32°31'53" (THE CHORD OF SAID CURVE BEING SOUTH 20°04'04" WEST 33.61 FEET) TO THE POINT OF BEGINNING.

CONTAINING 4,244.26 SQUARE FEET OR 0.097 ACRES.

Ent 117_~167 Bk 1961 Pg 1223 A PETITION TO VACA TE CERTAIN PUBLIC RIGHT OF WAY LOCATED ON PARCEL 02- 0S8-00S8 AT APPROXIMATELY SOO SOUTH 500 WEST, LOGAN, UTAH

I. Pursuant to U.C.A. § l0-9a-609.5 the undersigned do hereby formally request the vacation and relocation of the following described public utility easements and vacation of the following described public right-of-way:

Certain public right of way vacations on Parcel 02-058-0056 located at approximately 500 South 500 West in Logan, UT shown in Exhibit A.

Ent 117.6167 Bk 1961 Pg 1224 5153 DANH V NGUYEN 563 S 500W LOGAN UT 84321- 5165 LANDON J & ELORA L OCHSENBEIN 528S 300W LOGAN UT 84321 PEDRO ORTIZ 291W550S LOGAN UT 84321- 5244 GARRETI PECK 535 W400S LOGAN UT 84321 ERIC R & ANDRA M PETERSON 547 S 500W LOGAN UT 84321- 5165 SHELLY POPE 329 W 675S LOGAN UT 84321- 5475 JULIE A POPPLETON 36DS 5DOW LOGAN UT 84321 5118 QUESTAR GAS COMPANY 84139 FRANCISCO JAVIER & RAMIREZ 385 W 4DOS LOGAN UT 84321- SANJUANA 5110 RUSSELL RAY 228W400S LOGAN UT 84321- 5219 RONALD S & JAN M RICHINS 540 S53S W LOGAN UT 84321- 5156 JEREMIAH RICKS 461 S 200W LOGAN UT 84321- 5211 RIVERBEND ROAD APARTMENTS LLC 285 E 1100 N LOGAN UT 84341- 2312 DARAN & SAKHA ROTH 575 S soow LOGAN UT 84321- 5165 LINDA L TR ROUNDS 29060 COBALT CIRCLE MENIFEE CA 92584- 7824 JAMES M & ALISON M ROYLANCE 2799 FOXHILL DR CARSON NV 89706- CITY 4335 JAMES C RYAN 285 W 500 SOUTH LOGAN UT 84321- 5222 RICHARD J & SUSAN P SALTERN 515 W4DOS LOGAN UT 84321- 5112 SHERRIL SCHENAVAR 375 S 500W LOGAN UT 84321 NANYOW & JODI L SI LVA 282W 5505 LOGAN UT 84321- 5261 ROBERT S & AMY R SIMONSON 270W 550 S LOGAN UT 84321- 5261 BETTY L TR SIMS 485 W 4005 LOGAN UT 84321- 5111 AARON SORENSEN 740 S 350 W LOGAN, UT LOGAN UT 84321 84321 MYRA LEMON TR SORENSEN 385 S 400W LOGAN UT 84321- 5131 STATE Of UTAH PO B0X8000 SALT LAKE UT 84108 CITY LETA STEINITZ 357 W 750 SLOGAN, UT LOGAN UT 84321- 84321 5980 JOSE & MIRNA HERNANDEZ SUCHITE 269W600S LOGAN UT 84321- 5226 LYLE B TALBOT 274W5DOS LOGAN UT 84321 5223 MICHAELS THOMAS 20 PARK CIRCLE LOGAN UT 84321- 5174 CESAR AUGUSTO & LETICIA VIVIOOR 270W 4005 LOGAN UT 84321- 5219 THANH LOC VUONG 1240 N 225 E LOGAN UT 84341- 2337 DOUGLASS WALKER 375 S4DOW LOGAN UT 84321- 5131 KENT A WATSON 400W 700 S LOGAN UT 84321- 5449 VERONICA A ZIC 390 S400W LOGAN UT 84321- 4894

Ent 1176167 Bk 1961 Pg 1225 2. The names and addresses of each owner of record of land that is adjacent to the public right-of-way or accessed exclusively by or within 300 feet of the right-of-way are as follows:

First Name las t Name Address City State Zip 3M4K ALASKAN MALAMUTE RESCUE INC PO BOX 70 PARADISE UT 84328 ELISHA ANDERSON 293 W 550S LOGAN UT 84321- 5183 ANHDER ENTERPRISES INC 535 WEST 3750 SOUTH NIBLEY UT 84321- 5630 ARMANDO ARRIETA 274 W 600S LOGAN UT 84321- 5227 BRIAN J & MARIEL ATKINSON 710S 350W LOGAN UT 84321- 5940 ROBERT BALLING 1415 E 2250 N NORTH UT 84341- LOGAN 2043 G KENT & JILL L BARRY S76S 535 W LOGAN UT 84321- 5156 BATIERMAN APARTMENTS LLC PO BOX 604 INDIAN co 80454 HILLS BRENT K & LYNNE BEVAN P.O. BOX 4001 LOGAN UT 84323- 4001 BIG MOUNTAIN PROPERTIES LC 292 W400 S LOGAN UT 84321- 5219 BRUCE A & CONSTANCE L BIRKY 545 W 600S LOGAN UT 84321- 5161 BOARD OF EDUCATION LOGAN CITY LOGAN UT 84321 JUSTIN BOUTON PO BOX449 SMITHFIELD UT 84335 SHAWN BRAEGGAR 390S 500W LOGAN UT 84321- 5118 KYLE BYBEE 389 W 400S LOGAN UT 84321 CACHE COUNTY CORP 199 NORTH MAIN LOGAN UT 84321 CACHE EMPLOYMENT AND TRAINING 275 W 400S LOGAN UT 84321 CENTER EVETIE CARRILLO 575S535W LOGAN UT 84321 LUIS ALBERTO CERDA 720S 300W LOGAN UT 84321 CONGYUN CHEN 115 W 360 N SMITHFIELD UT 84335 CHAN LEE L & SIAK-EN CHONG 9212 NE 12TH WAY VAN WA 98664- COUVER 6409 CODY JAY CHRISTENSEN 325 W 675 S LOGAN UT 84321- 5475 DAVIDE CHRISTIAN 629 AUTUMN WOOD CIRCLE LOGAN UT 84321 CORP PRESIDING BISHOP LDS SO E NORTH TEMPLE ST., SALT LAKE UT 84150- 22ND FL CITY 3620 DIRECT HOMES INC 84341 PATRICIA A DONLEY 321W7DOS LOGAN UT 84321- 5452 DARYL I & JOAN M TRS DUFFIN 485 BRINGHURST DR PROVIDENCE UT 84332- 9486 PHLOEUN DUONG 281 w 600S LOGAN UT 84321- 5226 ECHO CONSTRUCTION INC 360W790S LOGAN UT 84321- 5946 ELVIRA ESTRADA( 720S 350W LOGAN UT 84321- 5940 FAIRWAY HOMEOWNERS ASSN 331 W 700 S LOGAN UT 84321- 5452 G & R FAMILY LLC 94S MAIN #A LOGAN UT 84321 KATHERINE GEHRKE 323 W 700S LOGAN UT 84321 LEONZO GONZALEZ 365S 500W LOGAN UT 84321- 5117 HADFIELD INVESTMENTS LLC 7041 W 600 N MENDON UT 84325- 9706

Ent 117_6 1 6 7 Bk 1961 Pg 1226 COREY HANSEN 280W 400S LOGAN UT 84321- 5219 DAVID B & ANGELA HANSEN 331 w 700S LOGAN UT 84321- 5452 WADE L & IONI L HARRISON 730S 350W LOGAN UT 84321- 5940 HS 690S LLC 399 N MAIN #300 LOGAN UT 84321- 3993 DGARTH HEMMING 1055 S PALAMINO AVE YUMA Al. 85364- 3317 CHARLES K & MELBA L HINDS 508 WGOOS LOGAN UT 84321- 5158 SONJAWTR HUNSAKER 293 W SOOS LOGAN UT 84321- 5222 AYADA& NANCY L JABBOUR! 554 S 535W LOGAN UT 84321- 5156 CAROL JOHNSON 526W 6005 LOGAN UT 84321- 5158 ANDREWS & SARAH ANN JORGENSEN 367W750S LOGAN UT 84321- 5980 GREGORY JORGENSEN 5065 300W LOGAN UT 84321- 5122 WILLIAM KAY POBOX4753 LOGAN UT 84323- 4753 KLP INVESTMENTS LLC 425S 1400W LOGAN UT 84321 LJOHNSON PROPERTIES LLC 410 S 200W LOGAN UT 84321- 5212 BEN VAN & CHUONG THACH LA 561 S 535W LOGAN UT 84321- 5156 MARIA DE JESUS LEAL 377W750S LOGAN UT 84321 LEOLA J ERICKSEN FAMILY LTD PRTSHP 228 W 400 S LOGAN UT 84321- 5219 TY LEWIS 323 W 675 S #12 LOGAN UT 84321- 5475 BRYAN TIMOTHY LINDSAY 445 W400S LOGAN UT 84321- 5111 KELLIE LINDSAY 463 W400S LOGAN UT 84321 FRANCISCO & MA DE LOS LOPEZ S04 SPRAGUE AVE BUHL ID 84321 ANGELES HANHT LUONG 566 S 535 W LOGAN UT 84321- 5156 BRUCE R MALMBERG 940 E 2200 N NORTH UT 84341 LOGAN JORGEU MARROQUIN 295 W600 S LOGAN UT 84321- 5225 seen G & ROBIN w MAUGHAN 551 S500W LOGAN UT 84321- 5165 GILBERT M & SONYA MCBRIDE 542S535W LOGAN UT 84321- 5156 DAVID & CYNTHIA MCKAY 290W SOOS LOGAN UT 84321· 5223 ISMAEL MENDIOLA 273 W 550S LOGAN UT 84321- 5244 TERRY A MESSMER 220 BUCKINGHAM PROVIDENCE UT 84332- 9669 TREVOR AAY MONROE 439 W 400S LOGAN UT 84321 JOHN D & JOLENE L MORTENSEN 612 S AUTUMN WOOD CIRCLE LOGAN UT 1!4321- 5162 SAUL & MARIA NIEVES NAVA PO BOX 4071 LOGAN UT 84323- 4071 NEEDHAM FAMILY LIMITED PARTNERSHIP 250 W CENTER ST LOGAN UT 84321- 4523 JAMON R & SHAYLA M NEILSON 425 W 4005 LOGAN UT 84321 JANE & STEPHEN B NELSON 620S 575 W LOGAN UT 84321- 5162 WILLIAM RICHARD NEVILLE 544WSOOS LOGAN UT 84321-

Ent 117_6167 Bk 1961 Pg 1227 The City of Logan has received a petition to vacate a portion of public right of way on Parcel 02-058- 0056 at approximately 500 South 500 West. You are being notified per Utah State Law Code 10-9a- 609.5 because you are listed as an owner of record of a parcel of property that is adjacent to the public right of way, or accessed exclusively by Ol' within 300 feet of the public right of way that is being petitioned to vacate.

Please see attached images, Exhibit A, showing the easements to be vacated and established.

A City Council workshop on the issue will be held on:

Date: June 6, 2017 Time: 5:30 PM Location: City Hall 290 North lOO West Logan, UT 84321

A Public Hearing and City Council meeting to take action on the issue is scheduled to be held on:

Date: June 20, 2017 Time: 5:30 PM Location: City Hall 290 North 100 West Logan, UT 84321

If you support the vacation of the public utility and trail easements, the petition will be available in the Engineering office at City Hall, for signing until 5:00 PM on the date indicated for the public hearing.

If you have any additional questions, please call the City Engineer (Bill Young) at (435)716-9160.

~nt 117.6167 Bk 1961 P9 1228 EXHIBIT A

RIGHT AR A VACA

, . .500 .SOVT~ ......

~t 117!:,167 Bk 1961 Pg 1229 A PARCEL OF LAND TO BE VACATED FROM A PORTION OF DEDICATED LAND TO LOGAN CITY ALONG 500 WEST STREET ON THE WILLOW PARK AND FAIRGROUNDS SUBDIVISION FILED AS ENTRY NO. 1137435 IN THE RECORDERS OFFICE, COUNTY OF CACHE, UTAH. PARC EL IS SITUATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 11 NORTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT LOGAN CITY GPS/GIS MONUMENT 361 AND RUNNING THENCE, NORTH 02°38'52" EAST 1270.09 FEET TO LOGAN CITY GPS/GIS MONUMENT 360; THENCE, SOUTH 13°41'31" EAST 148.33 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF 500 WEST STREET AND THE POINT OF BEGINNING.

THENCE, NORTH 03°48'08" EAST 70.14 FEET ALONG THE WEST LINE OF WILLOW PARK AND FAIRGROUNDS SUBDIVISION TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE, NORTHEASTERLY 97.53 FEET ALONG SAID CURVE HAVING A RADIUS OF 242.00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 80°07'03" EAST), THROUGH A CENTRAL ANGLE OF 23°05'28" (THE CHORD OF SAID CURVE BEING NORTH 21 °25'41"EAST 96.87 FEET) TO A NON TANGENT LINE; THENCE, NORTH 30°59'55" EAST 60.81 FEET TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE, SOUTHWESTERLY 31 .24 FEET ALONG SAID CURVE HAVING A RADIUS OF 60.00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 59°00'05" EAST), THROUGH A CENTRAL ANGLE OF 29°49'52" (THE CHORD OF SAID CURVE BEING SOUTH 16°04'59" WEST 30.89 FEET) TO A CURVE CONCAVE TO THE NORTHWEST; THENCE, SOUTHWESTERLY 162.03 FEET ALONG SAID CURVE HAVING A RADIUS OF 264.00 FEET (RADIUS POINT OF SAID CURVE BEARS NORTH 88°49'57" WEST), THROUGH A CENTRAL ANGLE OF 35°09'57" (THE CHORD OF SAID CURVE BEING SOUTH 18°45'02" WEST 159.50 FEET) TO A CURVE CONCAVE TO THE SOUTHEAST; THENCE, SOUTHWESTERLY 34.07 FEET ALONG SAID CURVE HAVING A RADIUS OF 60 .00 FEET (RADIUS POINT OF SAID CURVE BEARS SOUTH 53°39'59" EAST), THROUGH A CENTRAL ANGLE OF 32°31 '53" (THE CHORD OF SAID CURVE BEING SOUTH 20°04'04" WEST 33.61 FEET) TO THE POINT OF BEGINNING.

CONTAINING 4,244.26 SQUARE FEET OR 0.097 ACRES.

~ '& ~117~167 Bk 1961 Pg 1230 3. The following signatures represent those property owners who consent to the requested vacation:

Printed Name Signature Date:

Printed N arne Signature Date:

Printed Name Signature Date:

Printed Name Signature Date: Printed Name Signature Date:

Printed Name Signature Date:

Printed Name Signature Date: Civil PROOF OF PUBLICATION

STATE OF UTAH COUNTY OF CACHE, ss

On this 27th day of June , A.D. 2017 personally appeared before me MONICA CHRISTENSEN who being first being duly sworn, deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co., publishers of The Herald Journal a daily newspaper published in Logan City, Cache County Utah, and that the Legal Notice, a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegals.com on the same day(s) as publication in said newspaper

Commencing on the following days: 06/25/2017

-+-L7--+/0------~------' Principal Legal Clerk Subscribed and sworn to before me on this27th day of June , A.D. 2017

,Notary Public ~~~Commissioned in the State of Utah My Commission expires 10/ 18/2019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

SUMMARY OF AN ORDINANCE-The following ordinances were adopted and approved by the Logan Municipal Council, Logan, Utah on June 20, 2017 NOTARY PUBLIC ORD. 17-08 An ordinance amending the Land Development LAURIE JACKSON Code Chapters 17.57 Appeals and 17.27 Historic District My Commission# 685300 Overlay Zone. My Commission Expires October 18, 2019 ORD. 17-10 An ordinance amending the Logan Municipal STATE OF UTAH Code Section 5.18 regarding Itinerant or Transient Merchants.

ORD. 17-12 An ordinance vacating a Public Right of Way on Parcel 06-097-0028 at 1020 East 100 North, Logan, Utah.

ORD. 17-13 An ordinance vacating a portion of Public Utility and Walkway Easements on Parcel 07-052-0011 located at 1595 Sumac Drive, Logan, Utah.

ORD. 17-14 An ordinance vacating a portion of Public Right of Way on Parcel 02-058-0056 located at approximately 500 South 500 West, Logan, Utah.

These ordinances are effective immediately upon publication. Full texts of the ordinances can be reviewed at the office of the Logan City Recorder, City Hall, 290 North 100 West, Logan, Utah during regular business hours.

Teresa Harris, City Recorder

Publication Date: June 25, 2017 Civil PROOF OF PUBLICATION

STATE OF UTAH COUNTY OF CACHE, ss

On this 8th day of June , A.D. 2017 personally appeared before me DESTINEE MUNSON who being first being duly sworn, deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co., publishers of The Herald Journal a daily newspaper published in Logan City, Cache County Utah, and that the Legal Notice, a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegals.com on the same day(s) as publication in said newspaper

Commencing on the following days: 06/04/2017

__(;1~ ....,)1;rj1-~~·~ ~_i l->_,1'--'--n...... Y!_ .,...6..,_fl,.._Ad(__.._ 9:fJ.L-f- -+--- ' Principal Legal Clerk

Subscribed and sworn to before me on this8th day of June , A.D. 2017 NOTARY PUBLIC LAURIE JACKSON My Commission # 685300 My Commission Expires October 18, 2019 ST,\IE OJ· l'TAII ~~_,, Q~ ,Notary Public C/~ ommissionedintheiate of Utah My Commission expires 10/18/2019

NOTICE OF PUBLIC HEARING VACATION OF PUBLIC RIGHT OF WAY

The City of Logan has received a petition to vacate a portion of public right of way on Parcel 02-058-0056 located at approximately 500 South 500 West. The Logan Municipal ' Council will hold a public hearing on June 20, 2017 not before 5:30 p.m . in the Logan Municipal Council Chambers, 290 North 100 West, Logan Utah to consider the adoption of an ordinance vacating said easements. The petition will be available for signing in the City Engineering Office until 5:00 p.m. on the date indicated above. Documents pertaining to said public utility easements are available for inspection at ttie City Recorder's Office, 290 North 100 West, during regular office hours. Teresa Harris, City Recorder

Publication Date: June 4, 2017