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HomeMy WebLinkAbout40 of 1981 - Closing Eighth Avenue between 'C' and 'D' Streets SALT LAKE CITY ORDINANCE No. 40 of 1981 (Closure—ET—Eighth Avenue from "C" to "D" Streets) AN ORDINANCE CLOSING THAT PORTION OF EIGHTH AVENUE WHICH LIES BETWEEN "C" AND "D" STREETS IN THE AVENUES OF SALT LAKE CITY. WHEREAS, the City is the owner in fee simple of the land underlying Eighth Avenue between "C" and "D" Streets, through patented land rights granted in the original fee site entry of Greater Salt Lake City, June 2, 1872; and WHEREAS, the City finds, after public hearing, that the portion of Eighth Avenue between "C" and "D" Streets is not needed for use by the public as a vehicular throroughfare; and that the closure of said road will not constitute any hardship or be adverse to the general public's interest, nor will such closure constitute a relinquishment or termination of the City's fee ownership interest in the underlying property; and WHEREAS, the portion of the street to be closed, now separates land owned by Intermountain Health Care, Inc., hereinafter "IHC", which desires to acquire said property to join and develop its property abutting both sides of said street as part of an expanded site for construction of a new wing on the "LDS" Hospital; and WHEREAS, it is the City's intention, within a reasonable time after closure of said street, to convey the underlying property to IHC under Quitclaim Deed upon appropriate terms which will include payment in full of the fair market value of said property, and that it be used only for the expansion of the hospital facilities proposed for LDS Hospital with a reversion for the City if said property is not or ever ceases to be so used. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the portion of Eighth Avenue, beginning at V the east line of "C" Street, extending 330 feet to the West line of "D" Street, more particularly described below, be, and the same hereby is closed and is declared no longer to be avail- able for use as a City street, avenue, alley or pedestrian way, but shall be maintained by the City, under the City's ownership, control and possession until such time as the property may be conveyed for its fair market value with a reversion to the City if it is not or ceases to be used for hospital facilities: COMMENCING at the northeast corner of 8th Avenue and "C" Street, said point being the southwest corner of Lot 2, Block 123, Plat "D", Salt Lake City Survey, and thence running S 89°51 '43" E along the north line of 8th Avenue 330.0 feet to the west line of "D" Street; thence S 0°00'24" E 82.54 feet to the south line of 8th Avenue; thence N 89°51 '43" W along the south line of 8th Avenue 330.0 feet to the east line of "C" Street; thence N 0°00'24" W 82.58 feet to the point of beginning. Said closure is expressly made SUBJECT TO all existing right of ways and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-desribed property, if any, and also SUBJECT TO the rights of entry hereon for the purpose of maintaining, altering, repairing, replacing, removing, or rerouting said utilities and all of them. SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its first publication, at which time, the above-described portion of said street shall be closed. However, the property shall be retained by the City until and unless conveyed, pursuant to separate deed upon terms and consideration consistent herewith, and to the City's complete satisfaction. SECTION 3. The City Recorder is instructed that this Ordinance shall not be filed or placed of record with the City Recorder until such time as the appropriate documents of transfer are fully signed and executed. Passed by the City Council of Salt Lake City, Utah, this 19th day of May , 1981. VIC CHAIRMAN -2- 110 ATTEST: pdieige ACTING JITY RECORDER Transmitted to Mayor on May 19, 1981 Mayor's Action: MAYOR ATTEST: AC ING C Y RECORDER (SEAL) BILL 40 of 1981 Published September 25, 1981 —3— Ii) / SALT LAKE CITY ORDINANCE No. 40 of 1981 (Closure of Eighth Avenue from "C" to "D" Streets) AN ORDINANCE CLOSING THAT PORTION OF EIGHTH AVENUE WHICH LIES BETWEEN "C" AND "D" STREETS IN THE AVENUES OF SALT LAKE CITY. WHEREAS, the City is the owner in fee simple of the land underlying Eighth Avenue between "C" and "D" Streets, through patented land rights granted in the original fee site entry of Greater Salt Lake City, June 2, 1872; and WHEREAS, the City finds, after public hearing, that the portion of Eighth Avenue between "C" and "D" Streets is not needed for use by the public as a vehicular throroughfare; and that the closure of said road will not constitute any hardship or be adverse to the general public's interest, nor will such closure constitute a relinquishment or termination of the City's fee ownership interest in the underlying property; and WHEREAS, the portion of the street to be closed, now separates land owned by Intermountain Health Care, Inc., hereinafter "IHC", which desires to acquire said property to join and develop its property abutting both sides of said street as part of an expanded site for construction of a new wing on the "LDS" Hospital; and WHEREAS, it is the City's intention, within a reasonable time after closure of said street, to convey the underlying property to IHC under Quitclaim Deed upon appropriate terms which will include payment in full of the fair market value of said property, and that it be used only for the expansion of the hospital facilities proposed for LDS Hospital with a reversion 0 for the City if said property is not or ever ceases to be so En W used. NOW, THEREFORE, Be it ordained by the City Council of Salt R. Lake City, Utah: N GU SECTION 1. That the portion of Eighth Avenue, beginning at .1 0 r the east line of "C" Street, extending 330 feet to the West line of "D" Street, more particularly described below, be, and the same hereby is closed and is declared no longer to be avail- able for use as a City street, avenue, alley or pedestrian way, but shall be maintained by the City, under the City's ownership, control and possession until such time as the property may be conveyed for its fair market value with a reversion to the City if it is not or ceases to be used for hospital facilities: COMMENCING at the northeast corner of 8th Avenue and "C" Street, said point being the southwest corner of Lot 2, Block 123, Plat "D", Salt Lake City Survey, and thence running S 89°51 '43" E along the north line of 8th Avenue 330.0 feet to the west line of "D" Street; thence S 0°00'24" E 82.54 feet to the south line of 8th Avenue; thence N 89°51 '43" W along the south line of 8th Avenue 330.0 feet to the east line of "C" Street; thence N 0°00'24" W 82.58 feet to the point of beginning. Said closure is expressly made SUBJECT TO all existing right of ways and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-desribed property, if any, and also SUBJECT TO the rights of entry hereon for the purpose of maintaining, altering, repairing, replacing, removing, or rerouting said utilities and all of them. SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its first publication, at which time, the above-described portion of said street shall be closed. However, the property shall be retained by the City until and unless conveyed, pursuant to separate deed upon terms and consideration consistent herewith, and to the City's complete satisfaction. SECTION 3. The City Recorder is instructed that this Ordinance shall not be filed or placed of record with the City Recorder until such time as the appropriate documents of transfer are fully signed and executed. Passed by the City Council of Salt Lake City, Utah, ov 0 0 this 19th day of May , 1981. U Go CD • 0:-) VIC CHAIRMAN tJ CS7 -2- 't rl ( / , • ....- ,,--- ATTEST: ACTING CITY RECORDER Transmitted to Mayor on May 19, 1981 Mayor's Action: MAYOR ATTEST: ACTING CITY RECORDER (SEAL) BILL 40 of 1981 Published September 25, 1981 No ifirio= -_-- .) ( r.,_ r -T"li :o CD e .=. ..' .., mei , '(• L., VP14.41---4". C. 0 Et.lc CO CA CII 1-/-1 tO Cit C;) -3- .r.-1 3s4146 COUNTY OF SALT LAKE ss I Lynda.4(nino DeputyCity Recorder of Salt Lake City,Utah, 0, do hereby certify that the attached..copy.of..Ordinance.40.of.1981.regarding xMdHf d the.closure,of Ei gflth,Avenue,from."Q",to,"D",Strf • was duly approved and accepted by City Councilingd4Jli1(Action of Salt Lake City,Utah,this+..j9th.... . day of May A D.19..97 . a IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of:SA�At Lake City,�Jtah,' II Lake: this l9th day of JUI,y / D.19.a"ft.m .. De pub City ecorder of Salt Lake City,Utah w 0 0 Ut CD Cr) 'NS nDM.HSr Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake SALT IANo.�ol gBDINANCE Shana D. Conaty (Closure of Eighth Avenue f noon"C"to"D"Streets) AN ORDINANCE CLOSING THAT PORTION OF EIGHTH AVENUE WHICH LIES BETWEEN"C"AND"D"STREETS IN THE AVENUES OF SALT LAKE CITY, WHEREAS,the Ave is Me owner in and ' of the land Being first duly sworn deposes and says that he is legal underlying Eighth City is between C"a d D"the land thugh patented atent BallnLane City, I qt)the an original lee site entryWHEREAS,me City finds,alter 1822;near: that the advertising clerk of the DESERET NEWS, a daily nrtion of Eighth Avenue between"C"and"D"Sheets s not (except Sunday) newspaper rioted in the English eeded for g by me public as a dhtetdar Ihroreughfare: P yP and that the use or said mad ydli nmcopntimte any tell, language with general circulation in Utah, and ship o he adverse to the general public's interest,nor tell, h closure constitute ute a relinquishment thI or fermi rt+on Of fee litWHEREAS,the interest ofheestreet to be clo;and published in Salt Lake City, Salt Lake County, in the WHEREAS.Me hoe of the street to be closed.now State of Utah. a aces taro weed ch Intermountain Health Care. Inc. separates and hereinafter"INC", roph abutting acquirehSi Said property to ant develex its expanded property siteor en 01n sides n said wing street on s goof of ntletl do tor fanstrucnon of a new wing on "LDS"WHEREAS, tI;and That the legal notice of which a copy is attached hereto WHEREAS,it is the id str intention,tdlon,within ereasonableunderlying lime teen I1C under of said alreef,'td convey the ae looms p chow to nclu unpar mentein t Deed hewn r market v terms which well include and that b in full of the lair market value the said hospital and that it he tied LOnly for the expansion a rev r roe Pub notice of Ordinance #40 of 1981 eel that facilities property for LDS Hospital ceas s with a reversion n tel tNOW,Tif said HEREFORE,Be not t orda ever by tee to Council of Salt Lake City,Utah: SECTION I.Thal the portion'of Eighth Avenue,beginning at the east line of"C"Street-extending 330 feet to the West line nt"D"Street,n e partly Iarly described below,be,ant the a e her use is closedlend"is declared no lopedr to.be available for as a ineineynet,avenue,alley or pedestrian way,but shall be m inhered by the City,under the Lily's ownership,control and until such lime an the prop- erty may be conveyed for its lair mart value with rever- sion faci to the City it it is not on ceases to be usedfor hospital facilities: and"C"Street,sad t point being t thensouthwest orner of Lot 2,Beck 123.Plat"D",Salt Lake City Survey, and•:boe running 5 89 deg.5l'a3"E along the north linen o1 8th Avenue 339.0 feet to the west line of"D" Street;thence S 0 deg 00'2a E.82,5e feet to the south line of 8th Avenue;thence N 89 dee.Sl'a3"W along the south ho-iene of 8t e N o e 300 feet w the e east line to r was published in said newspaper on Sept. 25, 1981 the point of beginning. Saide closure isexpressly made SUBJECT TO ALL existing right of ways and easements of all public ulil, dies of a and every description now located on, Doer o r the confines of-the above.descoibe • pe tyreif a y, d also SUBJECT TO the rights of property, repairing, for the removing, of maintaining,altering, airing,replacing,removing,'Or rerouting said utili• I tiess and all of them- ' SECTION 2 This Ordinance shall take effect thirty 130, Legal Advertising Clerk days after the dale of its first publication,at which lime.the escribed portion of said street shall be dosed.Howev- er,the er,the property shall be retained by the City until and unless `I conveyed,pursuant to separate deed upon terms and consider p y, on consise erewith,and to he CIIY's complete satisfat fore me this .l.th day of inn. SECTION 3.The city Recorder is Instructed that this Orm• e shall not be filed or laced of record with the City Re- corder until such time.as the appropriate documents of trans- fer op are fully Signed and executed. A.D. 19.9.1.,. Passed by the City Council of Salt Lake City,Utah,this 19th dent May.tell. Edward W.Parker VICE CHAIRMAN ATTEST Aathryn Marl CTING CITY RIECORDER Mayor's Acttion Mayor on May 19,1981 Ted L Wilson MAYGk ATTEST'. Notary Public Kathryn Marshall ACT ING CITY RECORDER (SEAL) BILL of 1981 Published September 25,19fl1 A-t0 My Commission Expires Feb. 11, 1982