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HomeMy WebLinkAbout151 of 1979 - Closing that portion of 700 North Street from the East line of 800 West Street East to I-15. ROLL CALL i?, U 7-VOTING Aye Nay Salt Lake City,Utah, December 11 1e 79 - Mr.Chairman t,;�.(;i(td . I move that t e Ord''mice be passe Agraz ......:::::" ,' t Greener.':. ✓`` 1rAbell 9, ' 'L"L' '/ Ci Phillips / Result ,,/ AN ORDINANCE AN ORDINANCE CLOSING that portion of 700 North Street from the east line of 800 West Street Fast to I-1.5. WHEREAS, the Board of. Commissioners finds that the portion of 700 North Street from the East line of 800 West Street east to I-15 is not needed for the purposes of a public thoroughfare except for the purposes of providing ingress and egress and public services to property owners located on Grant Street South of 700 North Street, to which all abutting property owners have heretofore consented to this action pursuant to the terms hereof; and WHEREAS, an abutting landowner, Hillside Investment Company, hereinafter "Developer" has proposed and has received approval for the construction of a planned unit development over a larger area including said public road, which would provide for the development and improvement of the area at the Developer's expense and include the replacement of such road with a private road at least 25 feet in width over which the public and the City would retain a right of way and right of entry; and WHEREAS, the Developer's plan for development would require it to bear the expense of installing or relocating various necessary public improvements that would serve not only the private development but other abutting landowners as well; and WHEREAS, closing of said portion of 700 North Street will not be adverse to the general public's interest nor to the interest of abutting landowners pursuant to the terms of this ordinance; and WHEREAS, said Developer has agreed to acquire the City's interest in the underlying road property for its fair market value, and the Board finding that the interest to be vacated by 151 the City is comparable in value to the compensation to be obtained pursuant to the conditions and terms hereof. THEREFORE, be it ordained by the Board of City Commissioners of Salt Lake City, Utah. SECTION 1. That that portion of 700 North Street in Salt Lake City, Utah, located between the east line of 800 West Street, east to the I-15 freeway, more particularly described below, (hereinafter "property" or "road") be, and the same hereby is, CLOSED and declared no longer to be a public thoroughfare for the use as a public street, avenue, alley or pedestrian way, SUBJECT TO the reservations, terms, and conditions hereof. ✓ Beginning at the Southwest Corner of Lot 2, Block 98, Plat "C.", Salt Lake City Survey; and running iltR" thence East 311.00 feet to the West line of the State Road; thence Southeasterly along said West line to the Southeast Corner of Grant and 700 North Street; thence West 360.00 feet to the East line of 800 West Street; thence North 131.87 feet to the point of beginning. Contains 44,242.39 square feet or 1.016 acres. Said closure is not intended to be abandonment of the public's interest in said road but is merely a closure of the area for use as a public thoroughfare. Said closure is expressly made SUBJECT TO all existing rights of way, rights of entry, and easements of all utilities of any and every kind and description now located on, in, under, or over the confines of the above-described property and SUBJECT TO the right of entry thereon for the purpose of maintaining, alter- ing, repairing, replacing, removing or rerouting said utilities and all of them, and in particular a twenty-four inch (24") sewer line, together with water, gas, and electricity lines located therein. Said closure is also expressly made SUBJECT TO existing rights of way and easements of third parties, and in particular the right of ingress and egress for. SALT LAKE CITY CORPORATION and the public for access to Grant Street, together with the RESERVATION to the public of a right of way and right of entry -2- for providing public service to property owners on Grant Street south of. 700 North Street. Said closure is also expressly made SUBJECT TO the condition subsequent that the public's interest in the underlying property shall be acquired by the abutting landowner, Developer, Hillside Investment Company at its fair market value of $10,663 upon conditions which are specified in Section 2 which shall be completed in conjunction with the development of a planned unit development over the property within the next twelve months. SECTION 2. That among the conditions which must be satis- fied before the public's interest in the property as a road may he effectively closed and before the public's interest in the property may be transferred to the Developer, the following terms and conditions must be completed by Developer: 1. The Developer must tender to the City for the acquisition of the public's interest in the property the fair market value in the amount of $10,663.00. 2. The Developer must obtain approval of a planned unit development ("PUD") as represented to this Commission which shall provide for the development of parcels surrounding the property for residential purposes. The PUP plan shall require the Developer to replace the public road with an improved private road, at least twenty-five feet (25') in width, to he located within or near the property or former road. SALT LAKE CITY AND THE PUBLIC HEREBY RESERVE A RIGHT OF WAY AND RIGHT OF ENTRY FOR INGRESS AND EGRESS TO GRANT STREET TOGETHER WITH A RIGHT OF WAY AND RIGHT OF ENTRY FOR SALT LAKE CITY CORPORATION TO PROVIDE PUBLIC SERVICES TO RESIDENTS OF GRANT STREET SOUTH OF 700 NORTH. STREET. Said reserved rights of way and rights of entry shall be disclosed on the final plats of the PUD before it may be approved and filed of record with the Salt Lake County Recorder. 3. The Developer shall bear all expense of installing a six inch (6") master water meter together with all service lines plus -3- 13 any expense of relocating existing water lines as may be approved by the Public Utilities Department. 4. The Developer shall hear the expense of installing at least two fire hydrants in the PUD project as it has been approved by the Fire Department. In addition, the Developer and any successors shall be responsible to mark and to enforce "No Parking" restrictions on the private street for the first 85 feet east of 800 West Street, in order to maintain a fire lane and satisfy the requirements of the Fire Department. Said fire lane shall be reflected on the final PUO plat. 5. The Developer and any successor shall bear all expense of preparing and installing all necessary traffic control signs or devices, and that the Developer shall present such plans for the approval of the Traffic Engineering Division. 6. The Developer and any successor shall hear all expense for relocating existing gas lines and installing necessary gas service lines as shall be approved by Mt. Fuel Supply. 7. That the existing twenty-four inch (24") primary sewer line, presently located in the road must be preserved and pro- tected. All plans must accommodate its existence and maintenance, for such line may not be moved or jeopardized by improvements. Such line must be incorporated into the private roadway system included within any PUD. The replacement private road shall be improved to a width of at least 25 feet and it is over this private road to which the City's and public's rights of way and rights of entry to provide public services and ingress and egress to owners abutting Grant Street shall be transferred after construction. 8. The Developer and any successor are responsible to beautify and maintain Grant Street south of 700 North Street. The Developer is required to submit and receive approval of such landscaping plans from the Board of Adjustment and to install such landscaping within the next twelve months and then to main- -4- t:)1 tam it thereafter. SECTION 3. After its publication, this ordinance shall not be of final effect nor shall it be recorded upon the records of Salt Lake County Recorder's office until such time as (1) the Developer had tendered the fair market value of the purchase price for the public's interest; (2) the Developer's planned unit development ("PUD") has received final approval from the Board of Adjustment of Salt Lake City and its plans and permits comply with any and all conditions imnposed upon such approval; (3) that actual construction of the planned unit development as approved is commenced under permit; (4) that all terms and conditions subsequent of this agreement are complied with within twelve months from the date of passage of this ordinance. In the case each and every event has not occurred within twelve months from the date hereof, this ordinance shall be of no legal force and effect and shall not be recorded in the office of County Recorder. No quitclaim deed shall be prepared or issued until the Planning Department verifies to the Recorder that all terms and conditions of this ordinance have been complied with and that construction has been completed at which time a quitclaim deed may be issued. Passed by the Board o£ Cit C miss oners on-t day of December , 1979. .M O Y CHAIRMAN • 72. _� CITY RECORDER (SEAL) BILL NO. 151 of 1979 Published December 20, 1979 -5- 151 3496486 04 4,*rn( , - r) n STATE OF UTAH, City and County of Salt Lake, t3 I, MILDRED V. HIGHAM , City Recorder of Salt Lak ity,> h y O ,moo hereby Ur ry f certify that the attached document is a full, true and correct copy of an ordinance Milted,c1Qg l that portion of 700 North Street from the east line of 800 West Street east to I-15. CN passed by the Board of Commissioners of Salt Lake City, Utah, December 11,1979 as appears of record in my office. u.P � IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said HZ Citg '� Cl 29th day of October, 19rg80 m, I , �" cap ,fir• r , 4. Cp //L.j eke, 7, •• A ity Recorder \.;• ) r, •�. Published December_20....1979.._ BILL NO. 151 of 1979 AN ORDINANCE CLOTIPtirh:FiskitsligIorfs.700 North Street i frodsatidEdRVATet,s,fes13diFrrerrot oCorrizisetalrlInfeings.tAatwt:ser tsfrreiedtdegt 700 North not Street thfep,ogaroHrs:f raspu:11: r j 'eh:"ZIA'publice services rr vP:spgp:%fo:rtv owner's'located i'o'n Grant Street South of 700 North Street,to which.al,,Vnut,t,unrg property owners have heretofore consented to thi sudialSAIReEtIrSr,dsa'n'eradblifisndg landowner,H illsideveseno:e t. F:dre`witid: ihfsepsnsiscvcepZ:Igith constructioncf planned utitlg;°ddsitfOr::ddrai:figig :di:":r ;ouicpidithecel :417k Improvement:n1 t thearetathefDeveFpr,sexono and. lud zr,7lalgr .rofcloadwithaprivae r!adq:das25t inid2%nwichheubucandthe City would retain s a right of way and ----Li right of • Developer's plan for development mocks ') ‹.',...--7 require if to bear the expense of Itn.stAZnurldr:leorcvaetia.itvoaa 1 5 ous necessary public illIP ove en 'hon.:Tn./date developmentrbut'other abutting landowners as w'WHEREAS,closing of said portion of 700 North Street will not be adverse to the general public's interestnor14 itiAlnotrearl, -4) '---=-- est of abutting landowners pursuant to the terms dadAdAIEVEAS,said Developer has agreed to acquire the fair/5,1`1Yr4M.,:r:e!!!',ddgellIgicrlifldirredth%rtdratrntneorresittstiA. vacated by'the City Is comparable in value to the canoe Hon to be obtained pursuant to the conditions and terms here- THEREFORE, City,91-doilrtz,c!by the Board of City Corn. 7 /1 ddssegilisNs 1.That that;Prionnotthle00eall?rtrneStgek,Irj:g -i''''' Lake City, Utah. 14;eil'e'ilepsrofIr.ger4SYTYOrmRgagrgdaargi described herebyileies.ih,SCrdiOnsSfEdD cod declared. no longer to be a public thor. --,:k oughfaresfor`the useas apublic street,avenue, or pedes- Q—E, •A Wan way,SUBJECT TO the reservations,terms ms and condi- tions hereof. C)--p 29. Inn at the Southwest Corner ofr,lir.gikaBgIgil,E1:4:1 !II:tiOleeall Lake V• eystildgeoi'th7gtate Road;thence Sou. thesterlydalongNsg Igirersefeill;nrhloctehtvanea rceltrortg: (--- - -,N.-, 22;1111:of'd841)0 West Street;thence North 131.87 feet to the point of beginning.Contains 44,242.39 square feet or 1.016 c / g,i'cis'closure is not intended to be abandonment off 11,1: public's interest in said road but is merely a closure 0 areaSfalOog:jr:ra4CPPOZirrnadee SUBJECT TO all existing, • rights of way,rights of entry, eagenigita stall,1.,r,j40d.e of any ?brle!glr descriptionof aV;'-dtCriab'el?on,in, anra (i i pl a t.I 0J.,I h,0`me right of entry thereon for thurpr,rer:f routing said ▪ ,4"8.7,t,`,111,13'aTticulat5's been. ....,aia,.....,.!..")sewer use,together with water,gas,and c.) c-1 electricity lines located herein es re is aisotexpresily made SUBJECT TO existing righirfif V.,aydand easements of third parties,a_nd in pa!tic.J4r >---- ...,— the right of ingress and egress for SLTGI,,,,gstq::;,,vglegtv,. RATION and the public or access to Mow for the public of a right property owners on 1,SG4:17 tl'cleJsr:dilhainsc7,sdexprFsgly public's St13,,J.gg'eru,lgrtlhe ,;°,:d2,:dr!ododosrstbsPlIdtbrrcatiuTrecii ei:sth:interest In =4 Developer.Hillside Investment%came geNefdal4;smAtent c_, c75 r'Weil:4ti6t:':01nWarjoins':onIunction with the develop. meet of a planned ItthiT development over the property within (IT the nsw-Prec2":"That.among the ccrigleglorwehritcyh.ra.G.9"b;satisfied before 'csrobsde.fisal:/eggredethrosAblic's inter...n. . 1 i..6 ISn'i ktderrbd:irairy,d`conditionsst_raAsgrrbeedctoomtetestvorz,-,t',tilo'' e Alone must tender to the City for the acqvisi. 1 lion InfTPIL Developer 'interest in the property the fair market 5;5 rn \1 5 value in the amount of$10,663.00. 1." WC° /5 1 development7. h o eloop r must obtain approval of a planned unit which shall provide for the development of po arcels surround- ing the property for residential purposes.The PUD plan shall Ire the Developer to replace the public road with an Im- pprr ed private road,at least twenty-five feet(25')in width,to be located Within or near the property or former road.SALT LAKE CITY AND THE PUBLIC HEREBY RESERVE A RIGHT OF WAY AND RIGHT OF ENTRY FOR INGRESS AND EGRESS TO GRANT STREET TOGETHER WITH A CITY CORP OF ORATION RIGHT PVIDENPUBLICO SERVICES TO RESIDENTS OF GRANT STREET SOUTH OF 700 NORTH STbe disclosed o ther reserved al ielatof of theaPUOPbefore entry shall be Re- corder. and filed of record with the Salt Lake County Re- 0 3.The Developer shall bear all expense of installing a six Inch(6")master water meter together with all service lines approved plus any expense of relocating existing water lines as may be pp 4.vThe Developthe elreshalltbearr the expense of Installing at leasap- proved bytwo fire FlrenDepartn ment DIn raddition,ithe has and any successors shall be responsible to mark and to en- orce"No Parking"restrictions on the private street for the first 85 feet east of 800 West,in order to maintain a fire lane and satisfy the requirements of Fire Department.Said fire lane shall be reflected on the final PUD plat. 5.The e or preparing eand Install Inr and stalling necessary tuccessor raftio control ar all signs thdevices,and that the Developer shall present such plans for e approval of the Traffic Engineering Division. 6.The Developer and any successor shall bar all expense for relocating existing gas lines and Installing necessary gas service lines as shall be approved by Mt.Fuel Supply. 7.That the existing twenty-four Inch(24")primary sewer line,presently located In the road must be preserved and pro- tected.All plans must accommodate Its existence and mainte- nance,for by Improv such Such eline amust be incorporated y not be mved or Info theipry ate roadway system included within any PUD.The replacement private road shall be improved to a width of at least 25 feet and It Is over this private road to which the City's and public's rights of way and rights of entry to provide public services bed ingress and egress to owners abutting Grant Street shall transferred after construction. beautifThe h nd'maintain and Street south of 700 North Street. The Developer Is required to submit and receive approval of Iu h landscaping plans from the Board of Adjustment and to nstall such landscaping within the next twelve months and then to maintain It thereafer. SEbe of finall effect After rshall It be recorded ordinance records of Salt Lakepe County Recorder's Office until Such time as(1)the Price forr the pubic ss Interest;"rig value veeuveeloper'sPplanned unit development("PUD")has received final approval from the Board of Adjustment of Salt Lake Cityy and its plans and upon comply with any and all conditions Imposed such approval;(3)that actual construction of the planned unit development as pproved Is commencedunder permit;(4) that all terms and conditions subsequent of is agreement are coplied with within twelve months from the date of passage of this ordinance.In the case each and every event has not occurred within twelve months from the date hereof,this ordi- nancehall be of no legal force and effect and shall not be recorded In the office of County Recorder.No quitclaim deed shall be prepared orissued until the Planning Department v ifles to the Recoder that all terms and conditions of this beedinance have been complied with and that construction has en completed at which time a quitclaim deed may be is- sued. Pf Dec by the Board of City Commissoners on this 11th day of December,1979. JENNINGS PHILLIPS,JR. MILDRED V.HIGHAM Temporary Chairman City Recorder f.-4 (SEAL) i Publl hed December 20,1979 D-9] , - rn 0 /5/ Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake _• ANOR6INANCE- Shana D. Conaty AN ORDINANCE CLOSING that portion of 700 North Street from Its east line of 800 West Street East to 1-15. WHEREAS,the Board of Commissioners finds that the portion of 700 North Street from the East line of 800 West Street oast to 1-15 is not needed for the purposes of a public thoroughfare e pt frHe purposes of Providing Ingress and Beingfirst dulysworn,deposes and says that he is legal egress public services to party locatedP Y Grant Street South of 700 Norm Street,to which all butting property owes have heretotore coma„tea to tt 1 action per- advertising clerk of the DESERET NEWS, a daily want to the terms hereof;and Company,hereinafter anftabuttingelandowner, `"er,Hillside Investmenta (except Sunday) newspaper printed in the English received approval for the construction of a planned uoposed nit level- language with general circulation in Utah, and opinent over larger area Including said public road,which Dula provide for the,development and improvement of the published in Salt Lake City, Salt Lake County, in the ofa t the Developer s expense and include Me replacement such-road with a private road at least 25 feet in width over State of Utah. rich the public and the City wall retain a right of way and right WHERE of miry 1AS,,t the Developer'spenceof Plan for development would require BS ar bear the y public improvements thatwoullling ord eel/mating only That the legal notice of which a copy is attached hereto vari- me private development out other abutting landowners as well;and WHEREAS,closing of said portla of 700 North Street will 1 be adverse to e general public's interest nor to the inter- pub notice of an ordinance closing that portion not m of abutting landowners pursuant to the terms of this ordi- nance;and WWHEREAS,said Developer has agreed toy acquire the markevalue, intermit I the Board°finding that thetinte es'tNtoair be of 700 North from the East line of 800 West East to Gated NY the city is comparable In value to the obtained to be obtald pursuant to the conditions and terms here, n. HE THEREFORE,rs Salt ice ItC ordained ty,atah by the Bard of City Cone I-15 miSECTION 1.That that portloe of 700 North Street In Salt Lake City,Utah,located between the east line of tat West Street,east to the I-15 areaway,more particularly described below, same reb is,CLOSED and declared no"or longer'to be a public thor- oughfare for the use as a public street,avenue,alley or pedes- trian way,SUBJECT TO the reservations,terms and condi- tions hereof. Beginning at the Southwest Corner of Lot 2,Block 98,Plat "C",Salt Lake City Surveys and running thence East 311.00 feet to the West line of the State Road;thence Sew- ihesterly along said West line to MO Southeast Gurnee of Dec, 1979 Grant and 700 North Street;thence West 360.00 feet to the was published in said newspaper on20, to the pointst line of beginning.Caton 44,242.39 square fee 131.07 t or 1.0i6 Said closureIs not intended to he abandonment of the publics interes in mid ad Met Is merely a closure f the e for use as a public thoroughfare. rSaid closure is expressly male SUBJECT TO all existing )\ I:'; I C ights of way,rights of entry,and t 1 all uhhlus of ,,(- > 1,- '; a' �J, \\/ e,Q l- a a- 4 any andevery kind and descriptio» located on,in,under, hconfine, f me raw a w,d ropey ama Legal Advertising C ark SUBJECT TO tiN right of entry thereon for the purpose t maintaining,altering,repairing,replacing,re o our Ping said uilities and all of them,er In particular a,ven- lour inch(24") - line,together with water,gas,and electricity lines located therein. Said closure is also and expresslyparties,made SUBJECT TO existing me this 3rd day of fights of way a easements Is of third rt°es,and In particular Y the right of Ismess and egress for SALT LAKE CITY CORPO- RATION E the ATIO for access to Grant Street,togetherand with of RESERVATION to the public cofe to rigid r way and /� So right of entry for south 7 0North o th service property owners A.D.19...S..... on Grant Streetteos oWrts et. "' Said closure isalsoexpressly smade SUBJECT TOd Me condition rtbssha that the public's Interest In the underly- ing roa,ty shallbe 05f ent of the at its laairdke, Developer,Hillside3 Investment ldch arY at ih fair market lhi of shall 3 upon plate conditions which specifiedwith the in Section mootwhich shall be completed In ant over I r the develop-meat of of a twelve plannedunit development over the property within s''' _C>"/�//l/. l J yy.�� Phu next twelve maths, f/�f�✓...Yl:sr-"» SECTION 2.That pu i the t it,the which mast od L. "' mayfled effectively the public's before ill he pure 'tY e a road Notaryt in Public the prop be ertyclosedbet transferred to the Dee ve oiler,thele follow- follow- ing terms and conditions must be completed by Developer: I.The Developer must tender to the City for the ac40uisi- lia Of.the public's;interest in the property the fair market SEC low fine -s ut711catia,this ortlinance shall not• value in the amount of S1,663.00. be f final focf noreshs cif do t,00,thi u- the Stec ds f 2.The Daveloar must obtain approval f a'planned unit 5 It LakeCounty Recorder's Office until such time as(1)the' development ("PUD") epn050eied to this Commission Developerh d tendered the fair market value of the purchase which shall provide for the represented development of parcels surround-. pri for the public's Interest;(2)the Developer's planned Ins the property for residential purposes.The PUD plan shall unit development("PUD')has received final approval from require the Developer to replace the public road with an the Bard of Adjustment of Salt Lake City and Its plans and proved private road,at least twenty-five feet(25')In width,to permits comply with any and all conditions imposed an be located within or near the property or former road.SALT h approval;(3 Mat actualconstruction of the planned unit LAKE CITY AND THE G PUBLIC HEREBY RESERVE A such as eereced is commencedunder permit;(4) RIGHTNDR WAY AND RIGHT EPo OG FOR INGRESS WIA that all terms and conditions subsequent of his agreement are AND EGRESS TO GRANT STREETN TOGETHER WITH A lied with within twelve months from Me date of accuse RIGHT OF WAY AND RIGHT OF ENTRY FOR SALT LAKE o}tots ortlinance.In tle case each and ever?event has nth CITY CORPORATION TO PROVIDE PUBLIC SERVICES TO occurred within twelve months from the date rasa},this ortli- RESIDENTS OF GRANT STREET SOUTH OF NORTH ance shall be of to legal force and effect and hall not be STREET.Said reserved rights of way and stores off e entry shall recorded in the office of County Recorder.No quitclaim deed be disclosed the final plats of the PUD before it may be al be prepared o Issued until the Planning Department Dyed and filed of sec d with the Salt Lake County Re- verifies to the Recorder that all terms and conditions of this corder. ordinance have been complied with and that construction has 3.The Developer shall bar all expanse of Installing a six been completed at which time a quitclaim deed may be is- pMcM1lus(6")master ales ter together with all service lines sued. anus any expanse of relocating existing water lines as may be Passed by the Board of City Commissoners on this 11Ph Pp a.The by the helities a Depa euelt.nn day of Decenher,1979. se of installing at Mast two fire hydrants In the PUD protect•as It has been op- JENNINGS PHILLIPS,JR. •proved by the Fire Department.1n addition,the Developer MILDRED V.HIGHAM Temporary Chairman •and any s shall be responsible to .ark and to City Recorder for 'N Parking"restrictions the private Meet for the first 85 feet east of 80 West,in order to ma°noln a fire lane (SEAL) and satisfy the requlreneys of Fire Department.Said fire BILL NO.151 of 1979 lane shall be reflected on thke final PUD plat. Published December 20,1979 D-a2 5.The Developer and any successor shall bear all expense or preparing and oche Da all fire r Y traffic control signs devices,and that the Developer shall ioislent such plans for or approval of to Traffic Ermbeee ss Division. 6.The Developer and any successer shall bear all expense for relocating existing gas Ilan and Installing necessary gas r ice hews as hall be approval by Mt.Fool Supply. line, v].Thal the oxlted in t the roadfdur 01 l(?pre Broad a pro- tect, .All ply locateds accommodate routs ce preserved an and nte- eance,All plans must may not h le Its edls or bmeced feed y mainte- nance,for hen h Such may not incorporated hopodinto the prpri b0 improvements.Such line mwit be anyPUO.The r the cement roadway system l be im within idh.The leastc25 eet and it i road shals l rl ate road road t to a width i at least 25 feet rights of sea and rlehts of ,try to hPPrh idefypublicd serpubvices d ingress and egress to owners abutting Grant Street shall betransferred after construction. Bible to 8.The Developer and succes beautify and maintain rant Street south of 700 700 North Street. ThDaar is rfobt and e'ecei we approval hlndscping plans required to Nth bawd of Adlsbn11and to install such landscaping within the next twelve months and then to melntain it thereafter.. RR