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- Issue between private land owner and county has been resolved
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By Myrna Trauntvein
Times-News Correspondent
The issue that Juab County had with a private land owner over road closures has been settled.
Rick Carlton, county commission chairman, said: "The issue we had with roads that went through a private landowner's property has been settled."
He announced that commissioners were prepared to ratify the agreement between the county and Randy Brooks, who opened Barnes Bullets in the Mona area.
"As soon as maps are complete," said Carlton, "they will be released. The finalized maps will show each of the roads addressed in the agreement and where they are located."
The maps will also show the specified width of roads.
The commission did ratify the agreement in action that followed the announcement.
"In summary," said Carlton, "Willow Creek road will be open and so will Waterfall Road."
Clover Canyon Road will be open, as well.
Access will be allowed to facilitate work needing to be done by entities who have rights to water and other uses.
"The agreement indicates that irrigation company access is allowed," said Byron Woodland, commissioner.
The width of roads is also specified in the agreement. One specifies that it is to be a 20-foot road with a 30-foot easement.
"There is no restriction on the type of access allowed," Carlton said.
ATVs, horses and hikers will all be permitted on the roads.
The problem began seven years ago, in 2010, when Brooks built a home in the foothills of Mt. Nebo to the east of Barnes Bullets which can be seen from I-15 east of Mona. The formal address is 38 Frontage Road, Mona.
Once the home was built, Brooks closed access to county roads leading across his property. One led to a favorite hiking trail leading to a waterfall where many Mona residents traveled in the summertime for picnics.
Mona residents came to the commission to complain about the fence across the prescribed county road that kept them from their traditional visits to the mountainside. Those complaints prompted county commissioners to request that Jared Eldridge, county attorney, send a letter to the property owner, and his attorney met with Juab County Commissioners.
Brooks was defensive of his property rights and did not think that the general public had a right to use motorized vehicles on the roadway.
Commissioners considered the Waterfall Road a prescribed use public road which was claimed by the county as a class B road. Prescribed use roads are those which the county lays claim to by right of public use.
Willow Creek and Couch Canyon both have roads. Before reaching Willow Creek the road forks. One of the forks goes toward an old tower site and the other fork goes up Willow Creek.
Those roads are also needed to get to Forest Service land and to Fish and Game property.
"Mr. Brooks will also pay $12,000 to the county food bank and $7,150 to the Sub for Santa program" said Clinton Painter, commissioner. "He is paying that money for keeping the roads closed."
Brooks was to pay $5 for every day the road was closed over the last seven years, he said.
"We should thank all the parties involved for their diligence which should include, in addition to the county, the city of Mona, Jared Eldridge's office (county attorney), Glenn Greenhalgh (county planning director), two county commissions and the Randy and Coni Brooks family in settling this issue," said Carlton.
"When we met with Randy Brooks, he was very cordial," said Painter.
Carlton said there were a lot of people over the past seven years who had worked to achieve the settlement.
Eldridge said that residents of the county who use the roads to access the mountain area should be respectful of the land around them. They should carry any garbage back out and should not discard cans and other trash along the way.
"I spend a lot of time in the mountains, and so does Commissioner Woodland," said Painter. "We do need to respect the land."
The Brooks couple retired from Barnes Bullets at the start of 2015 but are sill involved with the company. They sold Barnes to Remington Outdoor Company in 2000. |
