HomeMy WebLinkAbout965384TOWN OF THAYNE, WYOMING
ORDINANCE: 2012 471
00806
AN ORDINANCE OF THE TOWN OF THAYNE, WYOMING VACATING "ELK
STREET" (ALSO KNOWN AS ELK AVENUE) AND "SUNRISE AVENUE AND A
PORTION OF WRIGHT STREET BETWEEN ELK STREET AND SUNRISE AVENUE AS
PUBLIC STREETS, CONVEYING TITLE TO THE LAND UNDERLYING SAID VACATED
PUBLIC STREETS TO ADJACENT PROPERTY OWNERS, AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF THAYNE, IN
REGULAR SESSION DULY ASSEMBLED THAT:
The Town Council of the Town of Thayne received a Petition from Lincoln County
School District No. 2, the Corporation of the Presiding Bishop of The Church of Jesus Christ of
Latter -day Saints, and Orson Lee Schwab and Janet Schwab, as adjacent property owners,
pursuant to Wyoming Statutes 15 -4 -305 for the vacation of "Elk Street" and "Sunrise Avenue"
as public streets. With the closing of Sunrise Avenue, a portion of "Wright Street" between Elk
Street and Sunrise Avenue should also be vacated as a public street.
In response to said Petition, the Town Council has considered that a public school
building and related facilities, and a church building and related facilities are built within the Elk
Street public street right -of -way; that public school facilities, public recreational facilities, and
public and private improvements are built within the Sunrise Avenue public street right -of -way;
and that the portion of Wright Street sits between the new, realigned Wright Street right -of -way
and public Thayne property. The Town Council has further considered that vacation of said
public street rights -of -way would not deprive the public of any benefit within the Town of
Thayne.
NOW, THEREFORE, the Town Council hereby vacates the public street rights -of -way
as follows:
ELK STREET
The entire length of Elk Street as shown on the "McKim Addition Amended to
the Town of Thayne", recorded in the land records of Lincoln County, Wyoming on May
16, 2008 as Receiving No. 939030, and on the Van Noy Park Addition to the Town of
Thayne, recorded in the land records of Lincoln County, Wyoming as Plat No. 185,
running from Wright Street south through Lot 5, owned by the Town of Thayne pursuant
RECEIVED 7/3/2012 at 11:31 AM
TOWN OF THAYNE, WYOMING RECEIVING 965 384
ORDINANCE: 2012 417
PAGE 1 OF 4 BOOK: 788 PAGE: 806
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00807
to a deed recorded in the land records of Lincoln County, Wyoming on September 3,
2010 Book 753 at Page 148 as Receiving No. 955313, and continuing south between Van
Noy Park Addition Blocks 6 and 7 to Dana Street, owned by the Corporation of the
Presiding Bishop of The Church of Jesus Christ of Latter -day Saints pursuant to the deed
recorded in the land records of Lincoln County, Wyoming on July 5, 1989 in Book 275
PR at Page 202 as Instrument No. 704626; the title to that portion of said right -of -way
within Lot 5 is hereby conveyed to and shall hereafter be vested in the Town of Thayne,
and the title to that portion of Elk Avenue between Van Noy Park Addition Blocks 6 and
7 is hereby conveyed to and shall hereafter be vested in the Corporation of the Presiding
Bishop of The Church of Jesus Christ of Latter -day Saints.
SUNRISE AVENUE
The entire length of Sunrise Avenue as shown on the McKim Addition Amended
to the Town of Thayne, recorded in the land records of Lincoln County, Wyoming on
May 16, 2008 as Receiving No. 939030, and on the Van Noy Park Addition to the Town
of Thayne, recorded in the land records of Lincoln County, Wyoming as Plat No. 185,
running from Wright Street south through or adjacent to Lot 3, owned by Lincoln County
School District No. 2 pursuant to the deed recorded in the land records of Lincoln
County, Wyoming on February 15, 1996 in Book 380 PR at Page 227 as Instrument No.
815562, and continuing south through or adjacent to property owned by the Town of
Thayne pursuant to that Decree Quieting Title recorded in the land records of Lincoln
County, Wyoming on July 11, 1995 in Book 370 PR at Page 679 as Instrument No.
804930, and continuing south through or adjacent to property owned one -half by the
Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter -day Saints
pursuant to deeds recorded in the land records of Lincoln County, Wyoming on January
10, 1979 in Book 152 PR at Page 71 as Instrument No. 518432, on October 3, 1979 in
Book 160 PR at Page 451 as Instrument No. 530998,and on April 16, 1980 in Book 165
PR at Page 8 as Instrument No. 538763, and one -half owned by Orson Lee Schwab and
Janet Schwab pursuant to that deed recorded in the land records of Lincoln County,
Wyoming on September 13, 2010 in Book 753 at Page 546 as Receiving No. 955449 to
Dana Street; title to that portion of said right -of -way within McKim Addition Amended
Lot 3 is hereby conveyed to and shall hereafter be vested in Lincoln County School
District No.2, a body corporate, title to that portion of said right -of -way within the
property owned by the Town of Thayne shall hereafter be vested in the Town of Thayne,
title to that portion of said right -of -way within the property owned by the Corporation of
the Presiding Bishop of The Church of Jesus Christ of Latter -day Saints is hereby
conveyed to and shall hereafter be vested in the Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter -day Saints, and title to that portion of said right -of-
way within the property owned by Orson Lee Schwab and Janet Schwab is hereby
conveyed to and shall hereafter be vested in Orson Lee Schwab and Janet Schwab.
TOWN OF THAYNE, WYOMING
ORDINANCE: 2012 an
PAGE 2 OF 4
WRIGHT STREET
That portion of Wright Street between Elk Street and Sunrise Avenue that is
shown as to be vacated on the plat of the "McKim Addition Amended to the Town of
Thayne" that was recorded in the land records of Lincoln County, Wyoming on May 16,
2008 as Receiving No. 939030, running in an east -west direction on or adjacent to
property owned by the Town of Thayne pursuant to the deed recorded in the land records
of Lincoln County, Wyoming on September 3, 2010 Book 753 at Page 148 as Receiving
No. 955313; title to the vacated right -of -way is hereby conveyed to and shall hereafter be
vested in the Town of Thayne.
This ordinance shall take effect immediately upon final approval.
PASSED ON FIRST READING THIS /6 DAY OF
1
O ERT E. KING, N YOR
ARRIE TAY L' OR, J'OWN CLERK
PASSED ON SECOND READING THIS /I DAY OF
TOWN OF THAYNE, WYOMING
ORDINANCE: 2012
PAGE 3 OF 4
OBERT E. KING, OR
2012.
ARRIE TA SVN CLERK
2012.
00808
PASSED ON THIRD READING THIS a 1 DAY OF
PASSED AND APPROVED THIS (2 DAY OF
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ARRIE TAY TAYLUR,1
CLERK
2012.
OBERT E. KING, 'OR
2012.
A� WN AY OR TO CLERK
C
0 0809
ACKNOWLEDGED before me by Robert E. King, who being duly sworn and under
oath, acknowledged further that he did so as Mayor of the Town of Thayne, Wyoming, and that
the foregoing Ordinance was signed by him for and on behalf of the Town of Thayne pursuant to
authority provided to him as Mayor by the Town Council, this 2+ day of J une. 2012.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires: July 16, 2015
My Commission expires: 07 /16 Jif
TOWN OF THAYNE, WYOMING
ORDINANCE: 2012
PAGE 4 OF 4
OTA Y PUBL
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
COME NOW LINCOLN COUNTY SCHOOL DISTRICT NO. 2, a body corporate,
P.O. Box 219, Afton, Wyoming 83110, hereafter, "LCSD #2 the CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER -DAY
SAINTS, a Utah corporation, 50 East Temple Street, 12th Floor, Salt Lake City, Utah 84150,
hereafter, "LDS Church and ORSON LEE SCHWAB and JANET SCHWAB, husband and
wife, P.O. Box 463, Thayne, Wyoming 83127, hereafter, "Schwab hereby petitioning the
TOWN OF THAYNE, WYOMING pursuant to Wyoming Statutes 15 -4 -305 to vacate
publicly dedicated streets within the Town of Thayne known as "Elk Street" (also identified as
"Elk Avenue and "Sunrise Avenue" running from Wright Street south to Dana Street. With that
accomplished, that portion of "Wright Street" between Elk Street and Sunrise Avenue that is
shown as to be vacated on the plat of the "McKim Addition Amended to the Town of Thayne"
that was recorded in the land records of Lincoln County, Wyoming on May 16, 2008 as
Receiving No. 939030 should also be vacated.
ELK STREET
As to the Elk Street public street right -of -way, a Thayne public building and related
facilities, and a church building and related facilities, are built within that right -of -way.
Petitioner LDS Church owns property on both sides of a portion of the Elk Street right
of -way, so the title to that portion of the vacated street right -of -way will merge with title to its
adjoining property. The Town of Thayne will similarly obtain title to the portion of Elk Street
right -of -way that its property abuts.
SUNRISE AVENUE
As to the Sunrise Avenue public street right -of -way, public school facilities, public
recreational facilities, and church related facilities, and Schwab yard improvements are built
within that right -of -way.
Petitioner the LDS Church requests that the Town of Thayne, Wyoming receive title to
the vacated portion of the Sunrise Avenue right -of -way lying adjacent to the parcel owned by the
LDS Church designated as "Block 7 to confirm the existing as -built common boundary of the
parcels owned by the LDS Church and the Town of Thayne. As to the remainder of the vacated
portion of the street right -of -way, Petitioners the LDS Church and Schwab request that each
owner receive that half of the vacated Sunrise Avenue that abuts each of their properties, to
confirm the as -built common boundary of their parcels.
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 1 OF 2
00810
FOR LDS CHURCH:
FOR SCHWAB:
WRIGHT STREET
As to the portion of Wright Street, Thayne public facilities are built within that right -of-
way.
With the vacation of Sunrise Avenue, the vacated portion of Wright Street is no longer
needed.
Given the above circumstances, vacation of the public street rights -of -way would not
deprive the public of any benefit.
WHEREFORE, the above Petitioners request that the public street rights -of -way known
as Elk Street and Sunrise Avenue be vacated by the Town of Thayne. With the vacation of
Sunrise Avenue, they recommend that the above identified portion of Wright Street be vacated as
it will no longer be needed.
DATED this 21)k` day of .$r 4lAvi 417044 2011.
FOR LCSD #2:
LINCOLN COUNTY SCHOOL DISTRICT NO. 2,
a body corporate,
B 71 4
MICHAEL 'F. HUNSAKER, CHAIRMAN
CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST
OF LATTER -DAY SAINTS
BY:
AUTHORIZED SIGNOR
eA,._.sie.e,c/
ORSON LEE SCHWAS ET SCHWAB
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 2 OF 2
00811
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
COME NOW LINCOLN COUNTY SCHOOL DISTRICT NO. 2, a body corporate,
P.O. Box 219, Afton, Wyoming 83110, hereafter, "LCSD#2"; the CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS, a Utah corporation, 50 East Temple Street, 12th Floor, Salt Lake City, Utah 84150,
hereafter, "LDS Church and ORSON LEE SCHWAB and JANET SCHWAB, husband and
wife, P.O. Box 463, Thayne, Wyoming 83127, hereafter, "Schwab hereby petitioning the
TOWN OF THAYNE, WYOMING pursuant to Wyoming Statutes 15 -4 -305 to vacate
publicly dedicated streets within the Town of Thayne known as "Elk Street" (also identified as
"Elk Avenue and "Sunrise Avenue" running from Wright Street south to Dana Street. With that
accomplished, that portion of "Wright Street" between Elk Street and Sunrise Avenue that is
shown as to be vacated on the plat of the "McKim Addition Amended to the Town of Thayne"
that was recorded in the land records of Lincoln County, Wyoming on May 16, 2008 as
Receiving No. 939030 should also be vacated.
ELK STREET
As to the Elk Street public street right -of -way, a Thayne public building and related
facilities, and a church building and related facilities, are built within that right -of -way.
Petitioner LDS Church owns property on both sides of a portion of the Elk Street right
of -way, so the title to that portion of the vacated street right -of -way will merge with title to its
adjoining property. The Town of Thayne will similarly obtain title to the portion of Elk Street
right -of -way that its property abuts.
SUNRISE AVENUE
As to the Sunrise Avenue public street right -of -way, public school facilities, public
recreational facilities, and church related facilities, and Schwab yard improvements are built
within that right -of -way.
Petitioner the LDS Church requests that the Town of Thayne, Wyoming receive title to
the vacated portion of the Sunrise Avenue right -of -way lying adjacent to the parcel owned by the
LDS Church designated as "Block 7 to confirm the existing as -built common boundary of the
parcels owned by the LDS Church and the Town of Thayne. As to the remainder of the vacated
portion of the street right -of -way, Petitioners the LDS Church and Schwab request that each
owner receive that half of the vacated Sunrise Avenue that abuts each of their properties, to
confirm the as -built common boundary of their parcels.
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 1 OF 2
00812
As to the portion of Wright Street, Thayne public facilities are built within that right -of-
With the vacation of Sunrise Avenue, the vacated portion of Wright Street is no longer
Given the above circumstances, vacation of the public street rights -of -way would not
deprive the public of any benefit.
way.
needed.
WHEREFORE, the above Petitioners request that the public street rights -of -way known
as Elk Street and Sunrise Avenue be vacated by the Town of Thayne. With the vacation of
Sunrise Avenue, they recommend that the above identified portion of Wright Street be vacated as
it will no longer be needed.
DATED this day of 49(..; 1 2012,—
FOR LCSD #2:
"FOR,LDS CHURCH:
v.„,) ,L-_,d" V, m
a
FOR SCHWAB:
WRIGHT STREET
LINCOLN COUNTY SCHOOL DISTRICT NO. 2,
a body corporate,
BY:
BY:
MICHAEL F. HUNSAKER, CHAIRMAN
CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST
OF LATTER -DAY SAINTS
AUTH I ZED SI NOR
ORSON LEE SCHWAB ET SCHWAB
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 2 OF 2
1)083
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
COME NOW LINCOLN COUNTY SCHOOL DISTRICT NO. 2, a body corporate,
P.O. Box 219, Afton, Wyoming 83110, hereafter, "LCSD #2 the CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS, a Utah corporation, 50 East Temple Street, 12th Floor, Salt Lake City, Utah 84150,
hereafter, "LDS Church and ORSON LEE SCHWAB and JANET SCHWAB, husband and
wife, P.O. Box 463, Thayne, Wyoming 83127, hereafter, "Schwab hereby petitioning the
TOWN OF THAYNE, WYOMING pursuant to Wyoming Statutes 15 -4 -305 to vacate
publicly dedicated streets within the Town of Thayne known as "Elk Street" (also identified as
"Elk Avenue and "Sunrise Avenue" running from Wright Street south to Dana Street. With that
accomplished, that portion of "Wright Street" between Elk Street and Sunrise Avenue that is
shown as to be vacated on the plat of the "McKim Addition Amended to the Town of Thayne"
that was recorded in the land records of Lincoln County, Wyoming on May 16, 2008 as
Receiving No. 939030 should also be vacated.
ELK STREET
As to the Elk Street public street right -of -way, a Thayne public building and related
facilities, and a church building and related facilities, are built within that right -of -way.
Petitioner LDS Church owns property on both sides of a portion of the Elk Street right
of -way, so the title to that portion of the vacated street right -of -way will merge with title to its
adjoining property. The Town of Thayne will similarly obtain title to the portion of Elk Street
right -of -way that its property abuts.
SUNRISE AVENUE
As to the Sunrise Avenue public street right -of -way, public school facilities, public
recreational facilities, and church related facilities, and Schwab yard improvements are built
within that right -of -way.
Petitioner the LDS Church requests that the Town of Thayne, Wyoming receive title to
the vacated portion of the Sunrise Avenue right -of -way lying adjacent to the parcel owned by the
LDS Church designated as "Block 7 to confirm the existing as -built common boundary of the
parcels owned by the LDS Church and the Town of Thayne. As to the remainder of the vacated
portion of the street right -of -way, Petitioners the LDS Church and Schwab request that each
owner receive that half of the vacated Sunrise Avenue that abuts each of their properties, to
confirm the as-built common boundary of their parcels.
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 1 OF 2
00814
As to the portion of Wright Street, Thayne public facilities are built within that right -of-
With the vacation of Sunrise Avenue, the vacated portion of Wright Street is no longer
Given the above circumstances, vacation of the public street rights -of -way would not
deprive the public of any benefit.
way.
needed.
WHEREFORE, the above Petitioners request that the public street rights -of -way known
as Elk Street and Sunrise Avenue be vacated by the Town of Thayne. With the vacation of
Sunrise Avenue, they recommend that the above identified portion of Wright Street be vacated as
it will no longer be needed.
DATED this 6 VI day of 5rie n►4Ju 2011.
FOR LCSD #2:
FOR LDS CHURCH:
FOR SCHWAB:
LINCOLN COUNTY SCHOOL DISTRICT NO. 2,
a body corporate,
BY:
CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST
OF LATTER -DAY SAINTS
BY:
WRIGHT STREET
MICHAEL F. HUNSAKER, CHAIRMAN
AUTHORIZED SIGNOR
l
ORSON LEE SCHWAB VET ET SCHWAS
PETITION TO THE TOWN OF THAYNE WYOMING
FOR VACATION OF ELK STREET, SUNRISE AVENUE,
PURSUANT TO WYOMING STATUTES 15 -4 -305
AND RECOMMENDATION TO VACATE
A PORTION OF WRIGHT STREET
PAGE 2 OF 2
0081