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- Landowner still willing to work something out to allow road access to property
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By Myrna Trauntvein
Times-News Correspondent
Tom Johnson still wants to work out something to allow him to build on a piece of property in the county that does not have proper road access. Tom Johnson, the land owner, attended Juab County Commission meeting last fall hoping to arrange for the county to help him build a road from the end of the asphalt that exists to his property. He was back again last Monday hoping that some sort of arrangement could be made. “I own property E. 1700 North, Mona,” said Johnson. “In order to build a home there I have to have 300 feet of road.” He said that he had talked to Lynn Ingram, county road superintendent, about finding a way to make building a home on the property possible. LuWayne Walker, former county commissioner, lives at 510 East 1700 North which is in a completed subdivision that is near where Johnson wants to build. The road there is developed. Johnson would need to develop 170-feet more of road and a 100-foot turn-around. “Right now, there is no place to turn around,” said Ingram. The county ordinance requires a 100-foot turn-around to accommodate fire trucks, snow removal plows and other equipment. Newton Excavating Contractors, Mona, owns property further along the dirt strip. They use that property to store equipment and have graded the road enough to use as access to their property. Ingram said that Rick Kay and Dustin Kay also own property and would need to give up some footage to make the road meet the 60-foot wide county required width. “I have been working with Jeff Kay,” said Johnson. “He said he had talked to his Uncle Rick, and he would have no problem giving up footage for a road.” Ingram said that Tom Aagard would also need to agree to give up some land for the roadway. “The asphalt would be your cost,” said Ingram. “We have no problem with your extending the road,” said Byron Woodland, county commissioner. “Are you willing to pay?” Johnson said that he would have to look at the cost before he would be certain. However, he was willing to do his portion. Ingram said the county would be willing to shape the road by widening it and putting in gravel and drainage. They would not be willing to put the asphalt on the surface. “We might mitigate your cost, somewhat, by getting the best price for you,” said Rick Carlton, commission chairman. “We have to put out a bid for asphalt (for county use) and then enter into an agreement with you.” The agreement would hold Johnson to paying for the asphalt. “You will have to get your neighbor to agree to deed property for the 66-foot road,” said Carlton. “We might give some forgiveness as to width.” The asphalt plants are not yet open, said Ingram, so it was not possible to know what the bid will be. He said that asphalt prices fluctuate quite a bit. “You will need to build a turn-around,” said Woodland. “Newtons might want to participate.” Ingram said that the Newtons likely had a prescriptive use for the road leading to their property. The Prescriptive Road Statute is found in the Utah Code. It is also referred to as the “road by use” statute. Essentially, the statute provides that a road crossing private property becomes a public right-of-way if it is used by the public continuously for at least 10 years. “You will want to get a deeded right-of-way clear to the end,” said Carlton. Carlton said that his preference would be for a cul de sac and not just a turn-around and he would also prefer that the Johnsons add 370 more feet to the road. There is a lot of dust on the road, said Johnson. That problem would be improved by having the road completed and surfaced. He said he would still need to consider prices. He was not in a great hurry, he said, he has a daughter who will finish high school in another community before he relocates to the Mona area. Johnson will need to get the deeds taken care of in order to build the road. He will also need to have agreements with his neighbors. “I would also like to know the cost of the asphalt,” he said. Johnson asked what time-frame he needed to consider with the commission. “In 19-months the commission will change,” said Carlton. “Two seats will be up for election.” Of course, he said, Woodland had been reelected for his second term in November 2016. No matter how the commission ended up in the next general election, said Carlton, Woodland would be there and would remember what was suggested for Johnson. Rick Carlton and Clinton Painter were both elected in 2014, Carlton for a second term and Painter for a first term. Carlton first took office in 2010.
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