ORDINANCE 2024-04
AN ORDINANCE OF THE SOUTH WEBER CITY COUNCIL VACATING A PORTION OF THE LESTER STREET RIGHT-OF-WAY
WHEREAS, the portion of Lester Street that is located west of 1075 East was platted, constructed, and stubbed for access to future development; and
WHEREAS, the City’s General Plan shows the need to connect Lester Street to 7375 South, which reconfiguration leaves a portion of Lester Street outside of the new street alignment; and
WHEREAS, the City has reviewed and determined that there is no current or future need for this portion of Lester Street to remain as public right-of-way; and
WHEREAS, the City, through the Development Agreement for Kastlecove Phase 1 (recorded as Entry #3546468), agreed to the vacation of the said portion of Lester Street; and
WHEREAS, the proposed street vacation set forth herein has been reviewed by the City Council and a public hearing has been held in accordance with Utah law to obtain public input regarding the proposed public interest in the section of the street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOUTH WEBER CITY, STATE OF UTAH:
Section 1. Findings: The City Council finds that neither the public interest nor any person will be materially injured by the vacation and there is good cause for the vacation.
Section 2. Street Vacation: The following description of a portion of the Lester Street right-of-way, no longer serves a public purpose and is hereby vacated as a public right-of-way:
See Exhibit “A” and “B”
The vacated right-of-way shall be conveyed back to the previous owner(s) of the property. Said owners being Kastle Rock Excavation & Development, LLC (Layne Kap), Calvin Kap, and Keith Kap, with each having an equal and proportionate share.
Section 3. Reservation of Easements: South Weber City, for and on behalf of itself and all public utilities providing service within South Weber City, hereby reserves a permanent and perpetual municipal utility easement occupying the entire parcel being vacated, as shown in Exhibit “B.”
Section 4. Severability Clause: If any part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance and all provisions, clauses and words of this Ordinance shall be severable.
Section 5. Effective Date:
This Ordinance shall become effective immediately upon passage and will be recorded with the Davis County Recorder.
PASSED AND ADOPTED by the City Council of South Weber City, Utah, this 12
th
day of March 2024.
___________________________________
MAYOR: Rod Westbroek
___________________________________
ATTEST: Lisa Smith, City Recorder
CERTIFICATE OF POSTING
I hereby certify that Ordinance 2024-04 was passed and adopted on the 12th day March 2024 and that complete copies of the ordinance were posted in the following locations within the City this 13th day of March 2024.
1. South Weber City Building, 1600 E. South Weber Drive
2. City Website www.southwebercity.com
3. Utah Public Notice Website Utah.gov/pmn
____________________________________
Lisa Smith, City Recorder