05-04 AN ORDINANCE VACATING RIGHT-OF-WAY IN THE AREA OF 600 NORTH AND DARWIN AVENUE WHEREAS, Utah State University desires to construct a new living/learning center and parking terra
Trang 1After recording mail to: Logan City Recorder, 255 N Main, Logan, UT 84321
CITY OF LOGAN ORDINANCE NO 05-04
AN ORDINANCE VACATING RIGHT-OF-WAY IN THE AREA OF 600 NORTH
AND DARWIN AVENUE
WHEREAS, Utah State University desires to construct a new living/learning
center and parking terrace in the area of 600 North and Darwin A venue; and
WHEREAS, Utah State University has agreed to relocate the existing City of
Logan utilities within the right-of-way; and
WHEREAS, Utah State University has coordinated relocation of the other
existing utilities within the right-of-way; and
WHEREAS, Utah State University will establish public utility easements along
the existing 600 North and Darwin A venue rights-of-way for maintenance of relocated
utilities; and
WHEREAS, The Logan Municipal Council finds there is good cause for vacating
the right-of-way located on 600 North between 700 East and 800 East and Darwin
Avenue and the Council finds such action shall not materially injure the public or any
person
THEREFORE, BE IT ORDAfNED BY THE MUNICIPAL COUNCIL OF THE
CITY OF LOGAN, STATE OF UTAH, AS FOLLOWS:
SECTION 1: Pursuant to Sections 10-8-8 2 and 10-8-8.4, Utah Code Annotated,
1953 , the properties below are hereby abandoned and vacated:
BEG AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 12, PLAT "E"
THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 700
EAST STREET AND NORTH RIGHT-OF-WAY LINE OF 600 NORTH
STREET, THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE
EAST STREET, THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY
INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE
SOUTH RIGHT-OF-WAY LINE OF 600 NORTH STREET, THENCE
WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE
INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE
STREET RIGHT-OF-WAY TO THE POINT OF BEGINNING TOTAL
BEG AT THE SOUTHEAST CORNER OF LOT 3, BLOCK 12, PLAT "E"
t t 882302 8~ 1338 P 526
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Trang 2THENCE WEST 1.5 RODS ALONG SAID NORTH RIGHT-OF-WAY LINE
WEST RIGHT-OF-WAY LINE OF DARWIN AVENUE, THEN NORTH 297
FEET MORE OR LESS ALONG SAID WEST RIGHT-OF-WAY LINE TO
THE WAY OF DARWIN AVENUE TO THE EAST
MORE OR LESS ALONG SAID EAST RIGHT-OF-WAY LINE TO THE
publication
- ~ ' - -DAY OF C:,41,/./JJ,ff , , 2005 by the following vote:
Nays: /J, !h Af"M ~
PRESENTATION TO MAYOR
11te forego in g ordinance was pres~ by the L an Municipal Co uncil to the
Mayor for approval or disapproval on t h e ~ day of , 2005
fr 882302 B~ · 338 f'o 527
Trang 3Pi:N E.4 Section 34 Township 12 North Range East
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Trang 7RsruP N 'T?J:
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EASEMENT AGREEMENT
'2 '5'5"" ,J JJI A' i
LoG:,A i, u-r $43 2 I
UT AH ST A TE UNIVERSITY, a non-profit corporation and a public agency of the State of
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and warrants against all claiming by, through or under Granter, to the CITY OF LOGAN, a municipal
Area is more particularly described on Exhibit A attached hereto, for the purpose of installing,
constructing, maintaining, repairing and replacing thereon, public utility infrastructure and facilities
Grantee shall have all rights of ingress and egress reasonably necessary or convenient for the full and complete use, occupation, and enjoyment of the easement granted hereby, and all rights and
privileges incident thereto
Grantee will restore the Easement Area to substantially the same condition as existed immediately
GRANTOR
GRANTEE
By : _ : 1J~~5" _ _
~ii-~ 21 - D - 2 00 4 3 :51P M f -? >2 $ 0C
M i ,: h :ae l GI ~d, ~ ' e c - Fil , ? d 8 ~ C H
F o r CITY OF L OG AN
Trang 8STATE OF UTAH _ _ _ _ _ )
:ss
COUNTY OF C /1 C,.,~ e_ )
On the _id day of Tuce,.,, k r: , 20<:¢ personally appeared before me Kevin
C Womack, ~ersonally known to me or D proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s) acted,
executed the instrument
WITNESS my hand and official seal
My Commission Expires:
1-J-{)?'
STATE OF UTAH _ _ _ _ _ )
:ss
NOTARY PUBLIC Residing at: l._-010:-,., U/- ·
fot 879818 Bk 1 3 33 F'g 1380
On t h e ~ day o f ~ ~ ,:):x>l j , personal~appeared before me
D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the
person(s) or entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal
NOTARY PgBLIC Residing at: d Oj CLit' , \A.J::n.h
I , TER[; ;A P HARRIS
2!""'.i I ':-rt:, Main •
I , :, Lo r 1 ' '1 84321 ~
, · , - 111,a 1, 0 • Jc ?0• , 07 I
L-"'.:: -~ ·
Trang 92 85313 1
EXHIBIT A
18.00-foot Utility Easement Boundary Description
A parcel of land, to be set aside as an 18 00-foot Utility Easement, situate in the
Northeast Quarter of Section 34, Township 12 North, Range 1 East, Salt Lake
Base and Meridian, more particularly described as follows:
Beginn i ng at the southwest corner of Lot 4 of Block 12 of the Logan City
Townsite Survey, and running thence East 587.70 feet along the south line of
said Block 12 to the southeast corner of Lot 1 of said Block 12; thence South
18.00 feet; thence West 587.70 feet to the east line of 700 East Street; thence
North 18 00 feet along said east line to the point of beginning Parcel contains
Er,t 879818 Bk 1333 P, ~ 1381
3
Trang 10/
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~t:,·
(Crvit)
S1 t ,TE OF UTAH
COUl\JTY OF CACHE, s's."
On ihis ~4.t.hdoy oi , )cµ:1µq1;:y , ,t_,D 2qOS
personolly appeared before me R ac~e.~t~ ~ ~ ';fl?oma~ who being iirsi duly sworn,
deposes and says tho1 she is 1he·chiet clerk ot the Cache Valley Publishing Ca publishers oi The Herald Journal
o doily newspaper published in Logan, Cit)', Cache County Utah, and that the odver!isemeni
t CGAL r.JC>TJr:ES W.G4 NQ'fr~~
· LOGAN MUNICIPAL COUNCIL , LOGAN MUNICIPAi:
· · · · · · · · · · · · · · · · · · · · · · · · · · · · · ' e<;)UNCII,
- ·
a copy of which i_s hereto attache~, was pub.lished in soid ·
newspaper fa~ QJ:1~ (i) J$~.lJ.~ . - · · · ·
· · commen::ing !<¥,1~~:i;¥ ~~ t ?!9? and
ending _ _:rcµ:1µ,qcy_ ~~, 7QQ~ '
S i g n e d ~ S ~
Subscribed and sworn to before me, the day ond ;•ear
_above written 4' · -H:::;-· , ~ A /
s;go,d I\;;;;,; p;,;,~·
My Commission expires SeptelJlb.gr 7, 20.07
I
J
OR!:t 0~9" Pursu~ fit
to Sections 10-8-8 2
and l 0-8-~.4 l:JCA , an or~inance w~f
adopt-ed ar,d lipprov~ d Ja
n-Ual)' 4' , 20Qij vecating
I a city fight-of-way
lo-98 ~ at 600 ~
b~- 1\Ylen 70b ' ahcf I SQO
J eali t s11d Qarwifl AY.rt
ntle • : \o Jacilita.~- tile
ex>t'lsthiction by Utah ·
Sta\e Uni:vftr<y ot a
n~ , livinm/learnlng
ce(llc,r 11nd par1<lng ter
'!U28 In tM-.rea of 60Q
Nift\ and"O."'rVin Ave- ·
I •
Trang 11( Civit )
S1 />.TE OF UT AH
COLJ l , nY OF CACHE, ""•·
On 1his 30th doy of December , A D 200.4
personolly oppeored before me _ Ra~h~l+~ - ~ ~ '.l'.qQffi/:i.$ : , who being firsi duli• sworn, deposes ond soys tho1 she is 1-h e chief clerk a{ 1'he Cache Volle\' Publishing Co., publishers of The Herold Journal
o doily newspoper published in Logan, City, Cache County Utah, and thai the advertisemeni , · , · ·· · · · · · ·
NOTICE OF PUBLIC HEARING VACATION OF
- -
a copy of which is hereto ottoche9, was published in said ·
Four (4) issues
newspaper for , · , · · · • · , · · · · · ·
commen:::mg , ,
ending , , _ ··.~
• D,,-,,,,L Ml Cc rf~ " " ~
Signed -~ lj_)U(.JL - ~ L ~ lU ,
Subscribed and sworn to before me, the doy and i•eor
above written
Signed _(/,r.~/< 7· : ~ ·
Notary Public
My Commission expires · Septel)lP.E!r 7, 20.07
ot t·
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, )
L02530016
NOTICE OF PUBLIC HEARING VACATION OF
STREET RIGHT-OF-WAY
The Logan Municipal Council will hold a public hearing on Tuesday, January 4, 2005 not be-fore 6:15 p.m in the Municipal Council Cham-bers, 255 North Main, Logan, UT to consider ·
the adoption of an ordinance vacating the right-of-way located at 600 North between 700
Prop-erty proposed to be abandoned or vacated by the City is described as follow:
BEG AT THE SOUTHWEST CORNER OF LOT
4 BLOCK 12, PLAT "E" LOGAN CITY SUR
-VEY, SAID POINT BEING FURTHER DE
-SCRIBED AS THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF 700 EAST STREET AND NORTH RIGHT-,OF-WAY LINE
OF 600 NORTH STREET, THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE
TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF 800 EAST STREET, THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE ACROSS 600 NORTH STREET RIGHT-OF-WAY TO THE
INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTH
RIGHT-OF-WAY LINE OF 600 NORTH STREET, THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE · INTERSEC-TION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE EAST RIGHT-OF-WAY LINE OF
700 EAST STREET, THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE ACROSS 600 NORTH STREET RIGHT-OF-WAY TO THE POINT OF BEGINNING TO- I
TALACREAGE BEING :1.35ACRES
BEG AT THE SOUTHEAST CORNER OF LOT
-VEY, SAID POINT BEING FURTHER DE-SCRIBED AS THE INTERSECTION OF THE CENTERLINE OF DARWIN AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF 600 NORTH STREET THENCE WEST 1.5 RODS ALONG SAID NORTH RIGHT-OF-WAY LINE
TO THE INTERSECTION OF SAID RIGHT
-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF DARWIN AVENUE, THEN NORTH 297 FEET MORE OR LESS ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH LINE OF SAID LOT 3., THENCE
EAST 3.0 RODS ACROSS THE
RIGHT-OF-WAY OF DARWIN AVENUE TO THE EAST RIGHT-OF-WAY LINE OF SAID DARWIN AVENUE, THENCE SOUTH 297 FEET MORE
OR LESS ALONG SAID EAST R IGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY
LINE OF 600 NORTH STREET, THENCE WEST 1.5 RODS ALONG SAID ORTH