APPENDIX 5 | STATEMENT FORMS

APPENDIX 5

STATEMENT FORMS

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AFFIDAVIT OF__________________________

STATE OF UTAH

ss.

COUNTY OF ______________

__________________________, being duly sworn upon oath, deposes and says:

I was/have been a _________________________[commissioner, engineer, etc.] for

_______________County from ___________________to ___________.

During that time period I was/have been personally familiar with _________County’s construction and maintenance activities on county roads, including the road from _______________________________________________
___________________________________________________________.
I am competent to testify about matters set forth below based upon personal knowledge.

___________County has performed the following maintenance activities on the road:__________________________________________________________________

(include dates, equipment, activity: surveying, removing vegetation, moving large rocks, filling low spots, road maintenance over several years, the passage of vehicles over time, etc.)

During my tenure as___________County________________, the County claimed the road from (location)_____________________________________________________________________________________________________________________________. All acts of the County regarding this road were, to my knowledge, consistent with this claim. These acts included, in addition to the activities set forth above,______________________________________________________________
___________________________________________________________________.

(Resolutions, planning documents, announcements, or discussions in commission meetings referring to or treating the road as a county right-of-way {attach minutes if available}, county maps {attach a copy if available}.)

At no time during my tenure as ___________________________did the County undertake any procedure to abandon its right-of-way on the road.

Based upon my personal knowledge, the road has been maintained by the County as a public highway, freely open for all to use, to come and go as they please, since prior to October 21, l976. Reports to the county commission have shown from_________to ________vehicles per______ on the road. These vehicles included [passenger vehicles, cattle trucks, motor homes, recreational vehicles, trucks hauling trailers, tractor-trailers(semi-trucks), oil rigs, cattle trucks, drilling rigs] during the period from _____________________to__________________.

Uses included, but were not limited to, [tourism; livestock operations; hunters and other sportsmen; federal, state, and local government access; oil and mineral exploration and drilling, and contractors].

FURTHER AFFIANT SAITH NAUGHT.
DATED this ___day of _______________, 20_____._____________

SUBSCRIBED AND SWORN to before me this ___day of _____, 20_______________

___________________________________Notary Public

Residing at _______________________

My commission expires: _____________________

AFFIDAVIT OF ____________________
STATE OF _________________________
COUNTY OF ______________________

___________________, being first duly sworn upon oath, deposed and says:

  1. I was/have been a resident of ______________________County from ______________to

_____________.

During that time period I have driven on that road from ____________________________
______________________on numerous occasions.

I am competent to testify about the matters set forth below based upon personal knowledge.

  1. During the years_______________to_____________, I drove on the road an average of______ per ___. My purpose in driving on the road was to __________________________.

On no occasion was I ever stopped or prevented from going about my business on the road.

  1. When driving on the road I observed other traffic on the road as well. I saw from _________

to ________vehicles per day when driving on the road. These vehicles included _________________________________________________________________________________.
[passenger vehicles, cattle trucks, motor homes, recreational vehicles, trucks hauling trailers, tractor-trailers (semi-trucks), oil rigs, cattle trucks, drilling rigs, etc.] This traffic was consistent for the period stated in paragraph 2, above. I saw uses including, but not limited to, [tourism; livestock operations; hunters and other sportsmen; federal, state and local government access; oil and mineral exploration and drilling, and contractors].

8.When driving on the road, I observed___________________County equipment performing the following construction or maintenance activities on the road. [dates, equipment, activity: surveying, removing vegetation, moving large rocks, filling low sports, road maintenance over several years, the passage of vehicles over time, etc.]

Based upon my personal observations on the road from ____________________________this road was freely open for all to use, to come and go at will for any purpose.

FURTHER AFFIANT SAITH NAUGHT.

DATED this ____________day of ______________, 20____.

SUBSCRIBED AND SWORN to me before this ________day of __________20______.

NOTARY PUBLIC_________________________________________

My commission expires:

Affidavit of _____________________________________________