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HomeMy WebLinkAbout958928ORDINANCE 601 PARTIAL VACATION OF JOHNNY MILLER DRIVE, AFTON, LINCOLN COUNTY, WYOMING 000520 AN ORDINANCE OF THE TOWN OF AFTON, WYOMING, VACATING A PORTION OF JOHNNY MILLER DRIVE; PROVIDING FOR EXECUTION OF A QUITCLAIM DEED BY THE MAYOR CONVEYING TITLE TO THE VACATED PROPERTY TO THE OWNER OF PROPERTY ADJACENT TO THE VACATED RIGHT -OF -WAY; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO W.S. §15 -4 -305. WHEREAS, the Governing Body of the Town of Afton, Wyoming, has determined and hereby finds that the following real property, that certain portion of Johnny Miller Drive, as described on Exhibit A hereto and depicted on Exhibit B hereto, both of which are incorporated by reference herein, is no longer needed for use as a public right -of- way and that vacation of the aforementioned property is expedient for the public good; and WHEREAS, the Governing Body of the Town of Afton, Wyoming, has determined and hereby finds that access is no longer needed through the described section of the Johnny Miller Drive right -of -way to be vacated because adequate access is provided via the proposed rerouting of Johnny Miller Drive; and WHEREAS, the Governing Body of the Town of Afton, Wyoming, believe it is appropriate to vacate a certain portion of Johnny Miller Drive and appropriate to authorize the Mayor of the Town of Afton to execute and deliver a quitclaim deed, on behalf of the Town of Afton, transferring any such right and title to the aforementioned real property as vacated to the property owners pursuant to Wyoming States Section 15 -4 -305; and WHEREAS, the Planning and Zoning Board of the Town of Afton, Wyoming, held a properly noticed public hearing for the purpose of reviewing the petition of the land owner on July 13, 2010, and passed a motion recommending approval of the vacation to the Town Council NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF AFTON, WYOMING, AS FOLLOWS: Section 1. The Town of Afton, Wyoming, hereby vacates that certain portion of Johnny Miller Drive, as described on Exhibit A hereto and depicted on Exhibit B hereto. Section 2. The Mayor of the Town of Afton, Wyoming, is hereby authorized to execute and deliver a quitclaim deed on behalf of the Town of Afton, Wyoming, transferring title to the aforementioned real property on the condition that the Petitioner provide for a public right -of -way as depicted in his application for a Planned Unit Development submitted to the Planning and Zoning Board on July 13, 2010. RECEIVED 4/19/2011 at 11:12 AM RECEIVING 958928 BOOK: 765 PAGE: 520 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER WY Section 3. This Ordinance shall become effective upon third and final reading. FOR THE GOVERNING BODY BY: G� Alan C. Stauffer, Mayor (ATTEST:) 000521 This ordinance shall be in full force and in effect for and after its approval, passage, and publication as provided by law. o anson, Town Clerk First Reading: Second Reading: Third Reading: September 14, 2010 October 12, 2010 November 9, 2010 Published: November 24, 2010 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR TOWN OF AFTON, ORDINANCE NO. 601 PARTIAL VACATION OF JOHNNY MILLER DRIVE To -wit: EXHIBIT 000522 That part of Johnny Miller Drive as depicted on the Estates at Valli -Vu, a Subdivision of record in the Office of the Clerk of Lincoln County, Wyoming, with Accession No. 924974, within the NW1/4 of Section 6, T31N R118W, Lincoln County, Wyoming, described as follows: BEGINNING at the southwest point of Lot 46 of said Subdivision, on the north line of Lot 45 of said Subdivision; thence N90 00' -00 "W, 80.00 feet, along said north line, to the northwest point of said Lot 45, on the easterly right -of -way line of U. S. Highway 89; thence N00 00' -33 "W, 210.43 feet, along said right -of -way line, to a point at the beginning of a non tangent circular curve to the left, whose radius bears N17 57' -12 "W; thence northeasterly, 123.09 feet, along the arc of said curve, through a central angle of 58 33' -39 having a radius of 120.43 feet, and a chord bearing N42 45' -59 "E, 117.80 feet, to a point on the west line of said Lot 46; thence S00 00' -33 "E, 296.90 feet, along said west line, to the POINT OF BEGINNING; ENCOMPASSING an area of 0.44 acre, more or less; the BASE BEARING for this survey is the west line of said NW 1/4, being N00 05' -00 "E; SUBJECT to easements of record; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" or "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR TOWN OF AFTON ORDINANCE NO. 601 PARTIAL VACATION OF JOHNNY MILLER DRIVE WITHIN THE NW1 /4 SECTION 6 T31N R118W LINCOLN COUNTY, WYOMING dated 12 April 2011, as revised. 13 April 2011 \Town\Afton \Estates at Valli -Vu \3 Filing (Lots 49- 50 -51) "Modification in any way of the foregoing description terminates liability of the surveyor" 1.0 00 STA. 555+00 50' LT N t T I A 0 0 PLOT DATE: 13 April 2011 DATE DRAM/ BY CALCULATED BY CATEGORY/PORT. F/ELD 8001K. /.Y241P /7F1? F/ /F 80.00' ti G PORMO NOPJOH NY MLLE DRIVE VACATED BY ORDINAM2 NQa1 0.44 Acre A/900000V STA. 562 +25.0 50' LT CURVE TABLE indicates indicates indicates 12 Anri/ 2011 1.hristina A. Orten. io haste A. Ortenz /o /Town Or/ a Vacate Erhr Y.oro ESTATES AT VALLI BTU ACCESSION NO. 924974 LOT 45 Lon S. Nield 749 PR 103 N.697.774571/ 114.47' a centerline. a right -of -way line. an easement line. VALLI --VU GOLF VILLAS ACCESSION 933678 LOT 101 N89757402 9500' a O POINT OF BEGINNING PARTIAL VACATION OF JOHNNY MILLER DRIVE/ 0 y o 0 et a e c ,p ..._,k .8, 1 i y LI3CRIND indicates a 6" x 6" concrete post with brass cap inscribed: "STATE HIGHWAY DEPT. R.O.W. MARKER", with appropriate details, found. indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed: "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details, found. indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed: SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details, set this survey. The Base Bearing for this survey is the west line of the NW1 /4 of Section 6, T31N R118W, being N00'05'00 "E. N8954 '07'E I ATFS AT VALLI -VU AI SIONN .924974 LOT 46 Lon S. Nield 749 PR 103 216.94' 29694' THE CONDOS AT VALLI -vU AC ESSIONNO. 919175 BUILDING 4 TRACT' N,p C ry\ CURVE C1 LENGTH 123.09' DELTA 58'33'39" RADIUS 120.43' CHORD BEARING N42'45'59 "E CHORD 117.80' TANGENT 67.53' 1745' N90'0000"IV 84.98' 229.42' ti 47 EXHIBIT B a SCALE 60' EXHIBIT TO ACCOMPANY DESCRIPTION FOR TOWN OF AFTON ORDINANCE NO. 601 PARTIAL VACATION OF JOHNNY MILLER �DRIVE WITHIN THE NWI /4 SECTION 6 T31N R118W LINCOLN COUNTY, WYOMING Copyright 2011 by Surveyor Scherbel LTD. All rights reserved. SrTR VEYOR ,s LTD. Rftfl ZMfL L/1/1!/ .XF BOX .96 6/0 /we r- MARBLET04 117 7EL.276- 3,747,• BOX 725 AFTON, wr ILL. 885- 9919; BOX 3,994 A /P /NE 19)' 7F h'54- .9.1'1.9• /AC/CS/JN IVY TF/ 7 1• .59/2 V4 In TF/ 77A Fo