200 of 1977 - Rescinding and repealing Bills No. 172 and 173 of 1977, relating to the vacation of 100 South Street n V.L la I,
VOTING Aye Nay Salt Lake City,Utah, November 29 ,19 77
Mr.Chairman -
Agraz I move that the Ordinance be passed.
Greener
Hogensen (j 1_1`"
Phillips
Result N NANCE
AN ORDINANCE rescinding and repealing Bills No. 172 and 173 of 1977,
relating to the vacation of First South Street between 1000 West Street
and approximately 1150 West Street, located in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Bills No. 172 and 173 of 1977, providing for the
Vacation of First South Street between 1000 West Street and approximately
1150 West Street located in Salt Lake City, Utah, more particularly
described below is hereby rescinded and repealed as inimical to the
public interest; said property is hereby declared to be needed as public
property for the use of a street, avenue, alley or pedestrian way.
Parcel 1 from Bill 172:
Beginning at the Southeast corner of Lot 1, Block 53,
Plat "C", Salt Lake City Survey, said point also being
the Northwest corner of 1000 West Street and First South
Street; and running thence South 132.06 feet; thence
West 660.00 feet; thence North 132.09 feet; thence East
660.00 feet to point of beginning. Contains 87,169.5
square feet, or 2.001 acres.
Parcel 2 from Bill 173:
Beginning at the Southeast corner of Lot 1, Block 1,
Jones' Subdivision, Block 54, Plat "C", Salt Lake City
Survey, said point also being the Northwest corner of
1100 West and First South Streets; and running thence
South 0°2'53" East 132.17 feet; thence West 334.00 feet;
thence North 0°00'55" West 214.63 feet to the Northeast
corner of Lot 1, Block 2, said Jones' Subdivision; thence
North 33°42' East 59.48 feet; thence East 36.00 feet to
the Northwest corner of Lot 2, Block 1, said Jones' Sub-
division; thence South 132.00 feet; thence East 264.00
feet to point of beginning. Contains 51,833.32 square
feet, or 1.190 acres.
SECTION 2. Said rescission and repeal of Bills No. 172 and 173
of 1977, is based upon the ground that subsequent to this commission's
original consideration and action in passing Bills No. 172 and 173,
it has discovered: certain data supplied to it was incorrect, conditions
imposed upon the vacation directive were not included within the vacating
ordinance, and most significantly, data regarding the needs of new develop-
ment projects under construction were omitted, which require this commis-
200
-2-
sion to conclude that the proposed vacation would adversely impact
existing and projected traffic density and flow patterns in the area
and is therefore inimical to the public interest. Said conclusion
requires this Board of City Commissioners to act to equitably rescind
and repeal Bills No. 172 and 173 of 1977 on the grounds of mistake as
being adverse to the public interest, and to avoid a fraud, through
mistake of fact and intention being perpetrated upon this commission and
the residents of this City.
Specifically, such mistake of facts include:
1. The omission of considering the impact of such action upon
the area in light of the projected traffic circulation patterns for
ingress and egress to the redevelopment of property known as "The
Brewery", located in the northwest quadrant of 200 South Street and
1100 West Street.
2. The access to the section of Salt Lake City west of 1000 West
Street, south of the Western Pacific railroad tracks, north of I-80
and east of Navajo Street, containing approximately sixty acres is
poor and according to the recommendation of the Traffic Engineer,
the removal of internal roadways would severely curtail circulation
and hinder future development.
3. As Salt Lake City owns merely the rights of a dedicated ease-
ment upon such ground, and not the entire fee title, as previously
represented to this body, the proposed vacation would require the
city to condemn and repurchase the same area if it became necessary
to maintain First South as a public street which this board feels
would be unjudicious and wasteful use of funds.
4. Said Bills do not include the conditions precedent imposed
upon the proposed vacation directive issued by this commission on
September 21, 1977 in that they do not provide for the creation of
a fire lane or require fire hydrants to be retained and maintained.
5. Rescission of said Bills will not impose any irreparable
injury upon petitioning parties who have not paid any consideration
and are not suffering any hardship with the status quo. In addition
and incidental thereto, inasmuch as the city does not own the fee
as represented to this body, the city would not receive the antici-
pated compensation from the divesture of its rights in said property.
6. Consequently, any benefit of relieving itself from the burden
of maintaining said street is obviously outweighed by the need of the
city to maintain the road for the public interest of providing
traffic access and circulation patterns for the development of said
area.
SECTION 3. In the opinion of the Board of Commissioners of Salt Lake
City, Utah, it is necessary to the health, peace and welfare of the inha-
bitants of Salt Lake City that this ordinance become effective immediately.
SECTION 4. This ordinance shall take effect upon its first publica-
tion.
-3-
Passed by the Board of Commissioners of Salt Lake City this 29th
day of November , 1977.
r
/7 '4/ n
MAYOR
i
CITY RECO R
(SEAL)
BILL NO. 200 of 1977
Published December 3, 1977
(Certified copy sent to City Auditor's Office for recording with Salt Fake County Recorder 11-6478.)
200
.ems,
!:p
��,} na„orfetl :` (IV at � �c�
3196240 Aquest of
KATIE L.DI?"R,Re order Salt Lake C,;.;li+.Utah
�
No Fee
STATE OF UTAH, 1 $_ BY -
� r pity
) P Y
q�F. h-��y 3 �Jatriia7te11't
City and County of Salt Lake, as. '
y6
C -/jr q 4-73 �b/
T{ I, MILDRED V, HIGHAM , City Recorde of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of an ordinance rescinding and
repealitng.Bills No. 172 and 173 of 1977, relating to the vacation of First South Street
between 1000 West Street and approximately 1150 West Street, located in Salt Lake City,
Utah,
"i
passed by the Board of Commissioners of Salt Lake City, Utah, . ._ Novenber 29, 19 77
as appears of record in my office.
'.IN'W( 5'WHEREOF, I have hereunto set my hand and affixed the corporate seal of said N
,'4
C.City,tl�si^' r ,.6th._. ..day of ._ November, 1978...
O(7A tiF, „A4` y Recorder
Published . • December 3,_ _19.77
BILL NO,200 of 1977
c00
•
AM ORDINANCE
AN ORDINANCE rescinding and repealing Bills No.172 and
173 of 1977.relating to the vacation of First South Street between
41 f-f LI 1000
lt Lek¢Citreet and y.Utah.approximately DSO West Street,located in
Be If ordained by the Board of Commissioners of Salt Lake
City.Utah:
SECTION 1.That Bills No.172 and 173 of 1977,providing for
'the vocation of First South Street between 1000 West Street and
approximately 1150 West Street located In Salt Lake City,Utah
,, described particularly deibed below Is hereby rescinded and
I // repealed as Inimical to the public interest:said property is
.rl ') '�l l/. ,(4 I, hereby street,avenuee,alley a 00dodporkistrianuwarwoperty for the use of the
Parcel 1 from Bill 192:
//�, 1 I I t/ ''r f J. • ' , Beolnolre at hM Sa1MMesf corner of Lot i,Block e]Plot
"C",Salt Lake CIh Survey,sold point alto barn the Nart{n ins
corn of 1000 West Street and First South Street:and,0991
r Smith Q thence 107.E feet;Mena West 660.00 fed;iflo.themeC
rr 1J2.095sq tierce Ear 6e0.W feet to point dbeginnire.Contains
,, 1 I n k a1,1 Parcel 2 from,Bill
173: acres.
/ "� n �t.'ll� Parcel94at BIII 1TJ:
7'�', 'r;)91' LLJ� Innhe of tie S lot"C"t corner a Lot 1,Block o Jaws'
N'' U J 1/)'y::, aolorodig god:
join:
wont 1r9reor5r of llOao�AW.destuand o gym!.
d Me
/Q// J (.r/'�1 , BNMncs Herf t rp'Essi 54 as hat•thence Es a� ivf feet%ibdi;
'!./ y -( Q/ Northwest carer of Lot 2 Blocks said Jones'SubdlvillM)
�3r l(t p1�. !/ thence
vim Co Southntains Xq;. senp re aSt oror i t0000 00ross.polo of
A.
4'`- 4 . .It- Alpo nmisslo�ns OIllay�ys lum�misa...__..ounion Taloibseoouen In ino BMus
V ._ym_c-. No.In arid 173,13ies discovered certain data supplied to It was
y♦ loon,Oct,asldlf0l too Im .e wg{Ma emotion dlrecNye were
5.�. (1 oL.l ma.(: or0fociwntts l ln,cute construction e" proere posed which
ns fftl
(t - '1
JU(' aocakMeerrrrcommseWbtrnWct conclude Met Mtn+rolecled MINX«rroiacalyypangflow
f L(13 !Moron.In
the area
rcwiressMIS Board Inimical
to
1ers 977 on Moe O uioune of mistatl�a as beimrepeal Bills
to and
Interest,and to perpetrated
a fraud,through mistake of fact and
Intention
beingef this Cerrpetrated upon his commission end the
r 1ity
.TThee omission ofl/1mM,such mmmWeMg he Impade:
ct of such action upon
the area In light of the Pro f iraHlcno le MM
1n I ass ese egress h hie poaprrree
'ilia Brewery Metaled In the mlthwaat quedronf d 100 Sash
Street and 1100West Street.
t 4.The access to the section etSalt Lake City west of 1000 West
Western
I i I Street,south of the Western Pacific railroad hacks north of IAA
I d and mist of Nevato Sire ,contain re g swoosh/lately shay acres
Is poor and according to Ole rearntoseden of the Traffic
Engineer,the removal of Interne!roadways would severely
, curtail circulation and binder future development.
- 3.As Salt Lake City owns merely the rights of a dedicated
easement upon such grand,are not the entire fed title,as
previously reoreaented to this body,the proposed vacation r would
l If It
bbequire the a00000 necessary ry to mai to n pin F and irst South as a pubdose the sent lic street
which this board feels would be unludicbus and wasteful use of
• funds.
Sad Bills do not ircfude the conditions precedent'mewed
, upon the nrooaed vacation directive issued by this commission' tP
on September 21,1977,!rated they do ref provide for the creation 7
of a fire lane or require fire hydrants to be retained and CD
CT
maintained. A
S.Rescission d sad Bine Will net Imvae any Ir table RB
consider/Mon
onsidnfiry upon and Petitioning na suffering am hardship with`1 �status 11.
qu.001 ad itinaarenot p thed does ens In addition and incidental Itwmurinny<1 O
rdereceive th MT eme anticipated arn0erea repreeented lot on`fron Mtge divesture of Idh
rights Ina saki proper9ty.any {�rqn
burden d maintaining„ said street0nroedvedtouslyroMwelkted by the g
mod of klnpetrafffic aaccessl s and Olnuldim pa�tl nubile
ttol for He e M
deeSECTIO Lake ON gimlet of
the opinion d 0000 Board of Commissioners of
welolff.,.ee of Meeeiinforrmaltos Is necessaryLake City Mat this 0,61 and
. CO)
SECTIONeffeetI1/a.This preg lane shall take effect Wean Its first CIO
Pu
blication.
by the Board of Cammisaloyxs of Salt Lake City this
MOM'of NOVEMBER,1977.
TED L.WILSON
MMILLDRED V.NIGNAM Mayor
(SEAL)g��� corder
.PlWlt 0N4Roomfoi,a,1977 (B10)
p?OV
6BM-350
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
• AN ORDINANCE Shana D. Palmer
AN ORDINANCE rescinding and First tat Bills No.172 and
10000 West Street)and appr to the ox;mtalelr n 1150sW South
Street nlocated in
Self B kt ordained by the Board of Commissioners of Salt Lake
City,Utah:
SECT ION I.That Bills No.172 and 173 of 1977,providing for; Being first duly sworn,deposes and says that he is legal
the vacation of Flea South Street belw;en IWO West Street and
approximately 1150 West Street located In Salt Lake Cry.Wan, advertising clerk of the DESERET NEWS, a daily
,ealeil as Inimical Sto ibed thee puhlicl urterest;by rescindedproperty n9 h
hereby declared to 46 needed aG public properly for the n6p Of t11,' (except Sunday) newspaper printed in the English
o,n 00enne,omeyII172:pedestriaParcen way.
language with general circulation in Utah, and
BMJ old at fiol 6Wiheaet corner of Lot 1,Block 53,'Plat
°tie at akeCitnsiM,saidpoiMW;°being',e"d thw.1 published in Salt Lake City, Salt Lake County, in the
Silence South 132.06 feet;thence West 660.00 feet;thence North State of Utah.
132.09 feet;thence East 660.00 teat to point of beginning.Conte ins
sonata
57,169.5 feet,dr 2.001 acres. ' '
Parcel 2 from 8111173: .,
Beginning at the Southeast miner'of Lot 1,Block 1,Jones That the legal notice of which a copy is attached hereto
Subdivision,Block 54,Plat"C",Salt Lake City Survey,.wide) r1t g p3
also the Northwest corner of 1100 West and First gouih
Streets;ts,and running thence So O'2163"East 132.17 feet;the ace
West 314.00 feat;thence Northh i100'55"West 214.63 tent 10 the
Northeast rcomrrof.Lotsi'4nMtck,2,said iyiorn, Pub notice of an ordinance repealing & rescinding
East
'Northwest corner of tot 2,Block i,said'loner tSubdivision;
thence South 132.00N.w1;Menu:East 2bl W feel to point of
beginning Crmlams5tl1,413.32 maere feet,or 1.190 acres. l Bills #172 & 173
173 of O77,Is tsaead cove,then around Mat su1Bi015 o7itlto2 t„xl
commission's orb Mal ramslderatinn cell action In pagoda Bills
No.172 and 173 It hes:discovered:certain data soeohio,l to It was
not rInch:d conditions nimt'ed u0Gannuthe
u vacation
dinance, and come
significantly,data regarding
the reeds of now doYeiopo0vs'ni
projects under cmnstrwYlon the omitted,which ,uir this
tee to conclude that the prised vacationa w old
a0v,rrsele ithbeet existing and proiated tratbc density and flora
Werns-ia go area qqM Is nwreto:'e Imical to'the public
Interest Said conclion roauires this Board MEIN tr act to iitaSly rescind end reand1 Bills No.172 and 173 of
Commission-
ems97 eo
7'on Me grounds of mistake as tieing adverse to the public
Interest,and to avoid a fraud,through mistake of tact oat
Intention beingrpolrated upon this commission and the
tt published was in said on Dec, 3, 1977
, riche i
thelight f tl .i.od traffic circulation patterns Mr
11 . 3, to 1, 111 P I 01 s
13 B Y 1 ih. Ih I-tl i 200 h
Street2. h.11,re.W t t e'Oreg.
w t Salt I k C'1/west of West -
'Street.south tT 1d1 \ '-
P I 11 lIl es d ) I \l (\ 1
•and t !N- I I f -I 1 1 sixty s '�
isomr and area:tam to tl t ltl fit severely
�� 1, ,taEngineer,ih. I f If. I roadways li .IY
l l i'vlrflo ,III ',r Leal AdvertisingClerk
3 e ,a19 Lake ground,
marole ttI nieces of c d title, d g
rest repr such g undo and not the lnovalot a
easement
to represented a thisnddy,tine h Oren..km
sacatior a ii it
became
the city condemn pain and Fc,omSouth as samearea II it
whih necessarysoito maintain First South as a public goer
�Ia,twhich '
ons,oa #rrelsw.>manepnbdh:waGandwa°fetalp:'stit'tiremethis 14th day of
4.Sold Bills de rot hnelode the conditions nr,xedeni In:rosrl
lI +1 1 -',0 1 vacation directive issued by this '.ssion
o sit ba 21, n o rim do tr provide for
iiai creation
A.D.19...7.7..
ofn a fire roru. 1 tyre,, , ha
roeintalnoi.
5.Remission of said Bills will not nave,any irreparable
In its 1 rl r- t paid any
nor t.. to l eg y lordship with cl Motifs'
consideration addition- incidental thereto, n t Y do,,
t to frepresentedt 11 hotly,theIry Id r , 1's /
rermiiie the ti l i d compensation from foe divesture f Its /
rig)ts 6 In
Consequently,said
onv benefit vi rellegIng it It from Me 's / f r''
hurcien ot Intal d t 1 b- .ly o' lgl d by I o
need of the cry m n flea 'd for the public interest of. Notary Public
providing traffic access and cnww.I ,,patrons for Bee
development et said inarea.
a.a
SECTION 3.In lho opinion of the Board of Csnmissloners of
Salt lake City.Utah,It 16 necessary fo the hee,te,M*are and
(fare of the inhabitants of San Lake City that,Si',ordinance
become effective immediately.
SECTION 4.This ordinance shall talus eficct upon its first
publication.
Pissed by Me Marr'd of Commissioners tit Stilt Lake City this
291h day of NOVEMBER,1977.
T'E_D L.WI LSON
Mayer
M ILDRED V.111611AM
City Recorder
I(SEAL)
.Pub lishcd Floss bear 3,1977 im4)