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032 of 2020 - Cumming’s Subdivision Alley Vacation (730-740 West and 900 South to Genesee Avenue)SALT LAKE CITY ORDINANCE No. 32 of 2020 (Vacating a city-owned alley situated adjacent to properties located at 740 West 900 South, 730 West 900 South, 733 West Genesee Avenue, and 739 West Genesee Avenue) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 740 West 900 South, 730 West 900 South, 733 West Genesee Avenue, and 739 West Genesee Avenue, pursuant to Petition No. PLNPCM2019-00813. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 11, 2019 to consider a request made by Maximillian Coreth PLNPCM2019-00813) on behalf himself and other property owners to vacate an unnamed city- owned alley adjacent to properties located at 740 West 900 South, 730 West 900 South, 733 West Genesee Avenue, and 739 West Genesee Avenue; and WHEREAS, at its December 11, 2019 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and WHEREAS, the city council finds after holding a public hearing on this matter, that the -owned alley described below is not presently necessary for use by the public and that vacating that unnamed, city-owned alley will not be adverse to the general . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating a City-Owned Alley. That an unnamed, city-owned alley adjacent to properties located at 740 West 900 South, 730 West 900 South, 733 West Genesee Avenue, and 739 West Genesee Avenue, which is the subject of Petition No. PLNPCM2019- 00813 vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The above alley vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or alley vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This proposed alley vacation is conditioned upon the following: 1) A public utility easement is submitted and recorded with Salt Lake County at the time the alley is deeded to the surrounding property owners. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the condition identified above has been met . SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the condition(s) identified above. Passed by the City Council of Salt Lake City, Utah this 18th day of August, 2020. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. 32 of 2020. Published: ______________. APPROVED AS TO FORM Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney has conditions EXHIBIT “A” A PORTION OF THE 15.00 FOOT ALLEY LOCATED IN BLOCK 2, CUMMINGS SUBDIVISION, AS RECORDED IN BOOK “B” OF PLATS AT PAGE 53 IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, SAID PORTION BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 13 OF SAID BLOCK 2, AND RUNNING THENCE NORTH 89°56’22” EAST ALONG THE NORTH LINE OF SAID LOT 13 AND ALONG THE NORTH LINE OF LOT 12 OF SAID BLOCK 2 A DISTANCE OF 32.04 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12; THENCE NORTH 0°01’41” WEST 15.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 41 OF SAID BLOCK 2; THENCE SOUTH 89°56’22” WEST ALONG THE SOUTH LINE OF SAID LOT 41 AND THE SOUTH LINE OF LOT 40 OF SAID BLOCK 2 A DISTANCE OF 32.04 FEET TO THE SOUTHWEST CORNER OF SAID LOT 40; THENCE SOUTH 0°03’47” EAST 15.00 FEET TO THE POINT OF BEGINNING CONTAINS 481 SQ. FT.