No dwelling, main building or permanent accessory building shall be located within a platted easement area, unless such structure meets all of the following requirements:
A. The location of the structure is permitted by other provisions of this title pertaining to setback requirements.
B. The property owner produces evidence that the easement has been abandoned, is unused, is not needed, or will not be needed by the intended beneficiaries of the platted easement.
C. The property owner executes a document acknowledging that notwithstanding the evidence produced pursuant to subsection B of this section: 1) the location of the structure is subject to the superior interest of the intended beneficiary of the platted easement; 2) the structure may be required to be relocated; 3) if relocation becomes necessary, the property owner will relocate the structure at his/her expense. The document shall be in recordable form and recorded with the Salt Lake County Recorder. The form of the document shall be approved by the City Attorney.
D. As used in this section, the term "intended beneficiaries of the platted easement" shall mean, in the case of a public utility easement, those utilities currently licensed or franchised by the City to provide electrical power, telephone services, natural gas, culinary water, sanitary sewer services and/or cable television services to residents of the community. Nothing in this section is intended to expand or restrict the rights or obligations of any party to any easement, platted or otherwise. (2001 Code §89-6-107; amd. 2009 Code)