ORDINANCE NO. 2023-06
AN ORDINANCE VACATING AND CONVEYING AN ALLEYWAY LOCATED IN BLOCK 21, FIRST DIVISION OF GREEN RIVER
WHEREAS, the City of Green River believes good cause exists for vacating the alleyway running through Block 21 FIRST DIVISION OF GREEN RIVER; and
WHEREAS, the City of Green River believes that no public interest will be materially injured; and
WHEREAS, the City of Green River believes that no person will be materially injured;
NOW THEREFORE, BE IT ORDAINED by the Green River City Council:
The City of Green River shall grant the petition submitted by 120 W. Main St. Green River, LLC, 170 W. Main St. Green River, LLC, and Dorothy Byrd to vacate the following alleyway:
An alley bisecting, in a Northerly-Southerly direction, Block 21, FIRST DIVISION OF GREEN RIVER, as depicted on the official plat thereof, records of the Emery County Recorder, and described as follows: BEGINNING at the Northeast corner of Lot 1, Block 21, FIRST DIVISION OF GREEN RIVER, and running thence South along the East boundaries of Lots 1 through 16 of said Block 21 a distance of 400 feet, more or less, to the Southeast corner of said Lot 16; thence East 16 feet, more or less, to the Southwest corner of Lot 32, Block 21, FIRST DIVISION OF GREEN RIVER; thence North along the West boundaries of Lots 17 through 32 of said Block 21 a distance of 400 feet, more or less, to the Northwest corner of said Lot 17; thence West 16 feet, more or less, to the place of beginning.
The City of Green River shall Quit Claim Deed the alleyway to the adjacent landowners for a cost of 1 dollar per linear foot of the alleyway. Each landowner will be sold half the width of the alleyway for the length of their property. (I.e., if the property runs along the alleyway for 10 feet, then that property owner will get the adjoining half the width of the alleyway for 10 feet.) The landowners will also be billed their portion of the cost for having the land surveyed for proper recording at the County Recorder’s office. The landowner’s portion of survey costs will be determined by multiplying their fraction of the alleyway by the total cost of surveying. (As an example, if a landowner owns half of the land that touches the alleyway, then they will be billed half of the cost of surveying the alleyway.)
If the adjacent landowners do not pay the above-mentioned costs, the City shall retain ownership of that portion of the alleyway.
Vacating and conveying this alleyway is not to be interpreted as impairing the right of way or easement of any landowner; or the franchise rights of any public utility.
This ordinance shall go into effect on the date of its posting.
PASSED AND ADOPTED by the City Council of the City of Green River, State of Utah, this 12th day of September 2023.
_____________________________ Attest: ____________________________
Mayor, Ren Hatt City Recorder, Julie Spadafora