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Home My WebLink About36 of 1981 - Amending Title 51 relating to zoning by adding thereto a new Chapter 34 relating to Jordan river Par SALT LAKE CITY ORDINANCE No. 36 of 1981 (Jordan River Parkway Easement) AN ORDINANCE AMENDING TITLE 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO ZONING, BY ADDING THERETO A NEW CHAPTER 34 RELATING TO JORDAN RIVER PARKWAY EASEMENT. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, is hereby amended by ADDING thereto a new Chapter 34 to read as follows: Chapter 34 JORDAN RIVER PARKWAY EASEMENT Sec. 51-34-1 . Purpose. In enacting this ordinance, it is the purpose of Salt Lake City Corporation to foster the develop- ment of recreational areas, water conservation, flood control, reclamation, and wildlife resources on and along the Jordan River by reserving to itself and to the general public the right to enter upon, cross over, use, and make improvements upon an ease- ment strip immediately adjoining the bank of said river. Sec. 51-34-2. Conditional Subdivision Approval. In addi- tion to all other requirements and conditions contained in this title, it is a further condition, upon the approval and recording of any subdivision, that the subdivider of any property contain- ing within its boundaries one or both banks of the Jordan River, convey to Salt Lake City Corporation an easement within strips extending 50 feet from the banks of the river. In no event shall the above-described easement exceed 10% of the total area of the subdivision without just compensation being paid therefor. Sec. 51-34-3. Extent of Easement. (a) Without prior written approval from Salt Lake City Corporation, the owner of property affected by the easement described in Section 2 is prohibited from: (1) Diverting, filling in, lining, or culverting the natural watercourse of the Jordan River; (2) Erecting any structures or improvements, including but not limited to buildings, fences, bridges and parking lots, within 50 feet of the banks of the Jordan River; (3) Dumping or permitting the dumping of any garbage or other refuse within 50 feet of the banks of the Jordan River; or (4) Cutting, grubbing or removing any trees or other natural vegetation, removing any stones or earth, or otherwise disturbing the natural environment of the area within 50 feet of the banks of the Jordan River. (b) Salt Lake City Corporation reserves to itself and to the general public, the rights of: (1) Entry by agents, employees, and contractors of Salt Lake City Corporation to survey, plan, construct, and maintain such improvements as may be necessary to give effect to the water conservation, recreation, flood control, reclamation, and wildlife preservation purposes of this chapter. No such improvement shall, without consent of the property owner, extend outside of the 50 foot easement strip without just compensation being paid therefor; and (2) Entry by the general public for the purposes of recreation or for any other purpose contemplated under this chapter. Sec. 51-34-4. Easement Limitations. (a) Rights acquired by Salt Lake City Corporation subject to this chapter shall be held and exercised only for the advancement of the purposes contemplated herein. (b) Ownership in fee simple absolute of the easement strip shall remain unaffected by the provisions of this chapter, and shall remain in the owner of the servient realty. The interest hereby created is an appurtenant easement and shall remain unaffected by the sale or other -2- alienation of the realty upon which it lies. Upon the dissolution, disincorporation, consolidation, or other disability of Salt Lake City Cororation, the easement hereby created shall, without further transferring act, vest in the succeeding government entity having territorial jurisdiction over the easement. SECTION 2. This ordinance shall take effect thirty (30) days after its first publication. Passed by the City Council of Salt Lake City, Utah, this 5th day of May , 1981. r'- CHAIRMAN ATTEST: AC`i-NG CITY RECORDER Transmitted to Mayor on May 5, 1981 Mayor's Action: / 1 y MAYOR ATTEST: & ‘ACT ' CITY ,RE ORDEw�1 R (SEAL) BILL 36 of 1981 Published May 15, 1981 -3- yc nDn.Jsn Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake SALT LAKE CITYORDINANC% Shana D. Conaty 110 36011660 (Jordan River Parkway Eav:ment) AN ORDINANCE AMENDING 1H LE Sr Cis till :at_ VISED ORDINANCES OF SALT LAKE CITY,UTAH,RELATING aai CHAPTER N TO ZONING, TO JO BY RDAN RING IVIRP PAIlKis\V EASEMENT, Being first duly sworn,deposes and says that he is legal Be if ordained by the City Council of Sall Lake City,Utah: - SECTION 1.That Title 51 of the Revised ordinances of advertising clerk of the DESERET NEWS, a daily Salt Lake City,Utah,1965,is hereby amended by ADDING thereto a new Chapter 34 M read as follows' (except Sunday) newspaper printed in the English Chapter ( language with general circulation in Utah, and JORDAN51-a-IRIVER PARKWAY EASEMENT Section recreational LPake Citse.y In enacting thlseru ater the[if published in Salt Lake City, Salt Lake County, in the the ci of Salt Lake City Corporation r Ma ter the tlevel- pmeM 1 r n nd a reas.water crinrceso on andon,floa. c Jordareclamation,yreser ng;to ittself rd tot"gener l nee" State of Utah. the right to enter upon,c and ed make improve- ments upon an easement strip immediately adjoining the bank said .Conditional Subdivision Approval.In adrbtlnp That the legal notice of which a copy is attached hereto to all other requirements and Conditions contained in this Mi.., it is a further condition,upon the approval and recording of any subdivision,that the subdivider of any properly contain Rn within its boundaries a or loth banks of the Jordan Pub notice of Ordinance 436 of 1981 ive,convey to Salt I-ake City Corporation an easement with in strips extending 50 feet from the banks of the river.In no event shall the abovelescribed easement exceed 10%of the total areaof the subdivision without°just compensation being Paid therefor. Sec.51-34-3,Extent of Easement. (a)Without prior written approval from Salt Lake City Corporation,the owner of property affected by Me easement described in Section 2 is prohibited from: (II Diverting,filling In,lining,or culvert/no the natural watercourse of the Jordan River; (2)Erecting ain or improvements,in. eluding but not limited tot ures buildings,'MCC:,bridge.. and parking lots,wilhln 50 feet of the banks of the Jordan River; (3) Dumping or permitting the dumping of a garbage or other refuse within 50 feet of the harikn u( he Jordan River;or (4)Cutting.grubbing or other natural gelation, r n o Stoma, na earth,or otherwise disturbing the natural any f the area within 50 feet of the banks of the Jordan Ma 15, 1981 River. was published in saidnewspaper on Y Oa)Salt Lake City Corporation reserves to itself and to toe general public.the rights of: • (1)Entry by agents,employees,and contractor of Sall Lake City Corporation to survey, I serest recreation, ecossarvdl maintain if I"1 thef i - I 1 s cal pit, Npur rahreclamation, 1 1n �(� CI� i� � !A� _C� ).i !C� iV�V f7. rest rVaf or p (this chapter. ut f / preservation o emenl b without e f the p Legal Advertisingerk l extend outside f the 50 loot t 1 't R Jlustcompen t heitigpent tl r d (2)Entry by r 1 I' forthe s recce do clor furr any other parnose contemplated under See.s1o4.4.Easement Limitations. *ore me this 2.0.th day of (a)Rights acquired by Salt Lake City Corporation sub- o this Chapter hall be held and e only,or fir eked advancementot thepurn lees ewnle absoltherein p mainu unaffected lee s n le absolute of Mc casement A.D.I✓...8.1.. and hall shall remainnin the owlne'r of the the sertvisjoi,vienr realty.Lich,i r,Prv. est hereby created is an appurtenant eanentent and.;fall remain mat reeled by the sale or other alienation of the rnnl;y upon which T lies, UPon the dissolution, d consolidation,or fan disability of aaltitk Cityt the Y created shall,without further (y- dCf,vest jurisdiction in thp. raIgovernment f h nJ t 1 'I is t over 1 ->• _ - SECTION 2 Thisordinance hall 1-I ef i 1 01 days after its first publication. NotaryPublic Passed by the City Council of Salt Lake City.Utah,this 5th day of May,1901. PALMER DoT,Ur;C ATTEST: KATHRYN MARSHALL ACTINGsmited to RECORDER on May 5,Intl Mayor's Action' I J_D L.W I I SON ATTEST', MAYOR KATHRYN MARSHAII_ ACTING CITY RECORDER • (SEAL) BILL 36 of 1901 Published May IS,1901 C-4o