For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROPRIATE COUNTY LAND USE AUTHORITY. For any process of vacating a county road rights-of-way or county utility easement, either a county department or office, or the County Planning and Zoning Commission, or the County Board of Commissioners, according to which of these has the lawful authority to act at a given stage in the process of considering and deciding on any petition, case, transaction, decision or operation.
CONDEMNATION OR THREAT OF CONDEMNATION. The county’s acquisition of a real property interest through an eminent domain proceeding, or the county’s deciding that it will authorize the use of condemnation authority to acquire the real property or casement interest through an eminent domain proceeding.
COUNTY or THE COUNTY. Sevier County, Utah.
COUNTY ROAD RIGHTS-OF-WAY. The corridor width for any county street, highway, trail, route or road, or any segment thereof, together with all of its appurtenant shoulders, culverts, drains and turnarounds and the like, and any additional corridor width that constitutes the county’s rights-of-way therefor, plus any and all other rights-of-way acquired by the county in or appurtenant to the corridor width, all of which the county has acquired by any legal means, including, but not limited to, conveyance, approval and recording of a subdivision plat, construction with county resources, prescriptive use or dedication by public use.
COUNTY UTILITY EASEMENT. The corridor width of any county rights-of-way, or any segment thereof, through which a utility provides by means of overhead, surface and/or underground pipelines, ditches, wires, channels, cables or conduits any and all public services to supply or transport gas, oil, water, sewer, other wastewater, electricity, telecommunications, television/radio signals and fiber optics, which rights-of-way the county has acquired by any legal means, including, but not limited to, conveyance, approval and recording of a subdivision plat, or means of dedication, construction with county resources, prescriptive use or dedication by public use.
DEDICATED RIGHTS-OF-WAY. For any given county road rights-of-way or county utility easement, in addition to its meaning under controlling state statutory and case law, means that a duly recorded plat, survey or related document has been developed which contains a legal description of a county road rights-of-way or county utility easement and which names the county as the rights-of-way owner. Under controlling state law, a road may be dedicated to the county for public motorized travel by, for example, mere continuous public use for the required number of years or by construction with public funds. Therefore, the lack of a duly recorded plat, survey or related dedicated rights-of-way document for any given county road rights-of-way of county utility easement does not render the county’s rights-of-way for that road invalid.
EXISTING COUNTY ROAD RIGHTS-OF-WAY. Any county road rights-of-way that is recognized and approved in an ordinance passed by the County Board of Commissioners as part of the county road system.
EXISTING COUNTY UTILITY EASEMENT. Any county utility easement that is recognized and approved in an ordinance passed by the County Board of Commissioners.
HIGHEST OFFER. All material terms of the best bona fide offer to purchase a real property interest received by the county, including purchase price, conditions and terms of performance. HIGHEST OFFER does not mean the terms and conditions of an agreement to exchange real property or an interest in real property for other real property or an interest in real property.
INTERESTED PERSON OR ENTITY.
(1) Each verified private, business or governmental owner of record of land that is:
(a) Adjacent to the county road rights-of-way or county utility easement between the two nearest public intersections;
(b) Accessed exclusively by the county road rights-of-way or county utility easement; or
(c) Located within 300 feet of the county road rights-of-way or county utility easement.
(2) A utility who provides through the county utility easement public services to supply or transport gas, oil, water, sewer, other wastewater, electricity, telecommunications, television/radio signals and fiber optics public services; or
(3) The county.
LEGISLATIVE BODY. The County Board of Commissioners.
PLANNING AND ZONING COMMISSION. The County Planning and Zoning Commission.
PURPORTED COUNTY ROAD RIGHTS-OF-WAY or PURPORTED COUNTY UTILITY EASEMENT. A road rights-of-way or utility easement to which the county’s current or historical claim is doubtful and uncertain, and therefore, the county wishes to invoke the vacating procedure provided in this subchapter to remove any vestige of a claim or interest by the county to such.
REAL PROPERTY. Land and any improvements thereon.
REAL PROPERTY INTEREST. A fee title ownership interest in real property, an estate for life ownership interest in real property, a term of years ownership interest in real property, a leasehold interest in real property or an easement or rights-of-way interest across, over or through real property.
SERVIENT ESTATE.
(1) In addition to its meaning under controlling state statutory and case law, the corridor width of real estate and the title ownership thereof across and over which, or through which, a county road rights-of-way or county utility easement passes. Owners of SERVIENT ESTATE land may include private individuals and entities, federal governmental entities and state or local governmental entities. The SERVIENT ESTATE land is subject to a valid county road rights-of-way interest or county utility easement interest.
(2) In some cases, the county may own both the rights-of-way interest and the SERVIENT ESTATE interest with respect to a given county road rights-of-way or county utility easement, or any segment thereof, and in such cases, the county, at its sole discretion, may convey away one such interest without conveying away the other such interest, as the county may determine on a case-by-case basis.
SUPERVISOR. The County Road Department Supervisor or agent whom the Supervisor expressly authorizes to exercise the functions of the Supervisor under this subchapter. This term does not permit reliance upon apparent authority, apparent agency or actions by county road employees in general.
UTILITY. Any entity who provides, through overhead and/or underground pipelines, channels, cables or conduits, public services to supply or transport gas, oil, water, electricity, telecommunications, television/radio signals and fiber optics. UTILITY also means an entity who provides sewer and other wastewater services.
VACATE, VACATED, VACATING or VACATION. Refers to an action by the legislative body to vacate, abolish, abandon, narrow, change, amend or otherwise modify the county’s rights-of-way interest in a county road rights-of-way or county utility easement, or any segment thereof.
(Ord. 2023-4-2, passed 4-24-2023)