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HomeMy WebLinkAbout71 of 1981 - Closing the western 91.5 feet of Gregory Place (approximately 50-60 East at 635 South) 36319,3'1 SALT LAKE CITY ORDINANCE No. 71 of 1981 (Closing the North 91.5 feet Portion of Gregory Place in Block 21, Plat A, Salt Lake City Survey, at 635 South State Street. WHEREAS, Petition No. 302 of 1981, submitted by Banjar Investments, requests the vacation of the western 91.5 foot portion of Gregory Place, as said street presently deadends into its property located between Main and State Street; and WHEREAS, a review of said petition indicates that vacation would be contrary to the policy of the City, but in lieu thereof, that closure would be appropriate, based upon the findings that said portion of the street is no longer necessary for use as a public street, avenue or alley, but should be closed, with the public interest being retained for anticipated transfer at fair market value to abutting property owners, based on certain conditions and reservations; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the western 91.5 feet of Gregory Place (approximately 50-60 East at 635 South) located within Lot 7, of Block 21, Plat A, Salt Lake City Survey, in Salt Lake City, Utah, more particularly described below, be, and the same hereby is closed and declared no longer to be needed or available for use as a public street, avenue, alley or pedestrian way, but that the public's interest therein shall be reserved for a contemplated transfer for the fair market value. t8 Beginning at a point which is 83 feet south from the Northwest corner of Lot 7, Block 21, Plat "A", Salt Lake City Survey; and running thence east 91.5 feet; thence South 27 feet; thence West 91.5 feet; thence North 27 feet to the point of beginning. Containing 2,470.5 square feet more or less. g Said closure is expressly SUBJECT TO all existing rights-of-way and easements of all public C4 utilities of any and every description, now located on, in, under or over the confines of the above described property and also SUBJECT TO the rights of entry thereon for the purposes of obtaining, altering, replacing, removing, repair- ing, or rerouting said utilities and all of Cn CL, i2 i! them. It is expressly noted, that the existing watermains, fire hydrants, sewer lines, etc. presently existing within said property must be observed and preserved as part of said utility easement. Said closure is also SUBJECT TO any existing rights-of-ways or easements of private third parties. SECTION 2. It is agreed and acknowledged that as a condition subsequent to this Agreement, that if, in order to accommodate Grantee's desire to use the property, that said utilities, etc. , must be moved, adjusted, or otherwise adapted, that the Grantee will bear the expense of all proposed adapta- tions and will be responsible to obtain the approval of the Grantor upon proposed plans before any building permits therefor may be issued. It is a further condition subsequent that if, in fact, Grantee requests the relocation or other accommodation of the lines in connection with a relinquishment of the City's interest in said public utilities, that said relinquishment will not occur until the Grantee pays to the Grantor the fair market compensation for the easement to be relinquished. SECTION 3. In the opinion of the City Council of Salt Lake City, Utah, it is necessary for the peace, welfare, health and safety of the inhabitants of the City that this ordinance become effective immediately as provided below. SECTION 4. This Ordinance, after the date of its first publication, shall not become effective until recorded with the Recorder of Salt Lake County. However, the City Recorder of Salt Lake City is hereby instructed that she shall not proceed with the recording until the Mayor of Salt Lake City, receives the fair market value and an executed Agreement approved by the City Attorney providing the City with fair market value compensation. Upon approval by the Mayor of the documents 0 necessary to complete the contemplated transfer, this closure Cn CO ordinance may be recorded concurrently with said documents. Cj If the foregoing conditions are not completed within twelve months from the date of passage, this Ordinance shall be null, Fa cn -2- i 2 • • void, and of no effect, and no subsequent recording shall he allowed. Passed by the City Council of Salt Lake City, Utah, this 22nd day of September, 1981. Ogizt 264-4./e—t,t./(-; CHAIRMAN ATTEST: CITY f E O')WER Transmitted to the Mayor on September 22, 1981 Mayor's Action ATTEST: CI Y RECO ER (S E A L) ' r' BILL 71 of 1981` Published October 2, 1981 N -.7, i cP Co h) Co -3- STATE OF UTAH COUNTY OF SALT LAKE ss lt,. Lynda Domino 363193,3 Depuiy, ,City Recorder of Salt Lake City,Utah, do hereby certify that the attached copy of O dinance No. 71 regarding xfroxmx closing the North 91 .5 fee+ portion of Greaory Place in Block 21, Plat A, Salt Lake City Survey, at 635 South State • Street = y)5 thie was duly approved and accepted by City Council/Exiiixtbfe Action of Salt Lake City..Utah this. .2.2nd September 8i Co.) day of A D.19.... 1 1N WITNESS WHEREOF, I have hereunto set my hand and affixed fhe eorpOilth'seWJ,of Salt'Lake City,Utah, 1.6 14th December / fr "'/ 82 this day of !'�;A/Dl1 • ._, � De ut City Recorder of Salt Lake City,Utah SALT LAKE CITY ORDINANCE No. 7T of 1981 (Closing the North 91.5 feet Portion of Gregory Place in Block 21, Plat A, Salt Lake City Survey, at 635 South State Street. WHEREAS, Petition No. 302 of 1981, submitted by Banjar Investments, requests the vacation of the western 91.5 foot portion of Gregory Place, as said street presently deadends into its property located between Main and State Street; and WHEREAS, a review of said petition indicates that vacation would be contrary to the policy of the City, but in lieu thereof, that closure would be appropriate, based upon the findings that said portion of the street is no longer necessary for use as a public street, avenue or alley, but should be closed, with the public interest being retained for anticipated transfer at fair market value to abutting property owners, based on certain conditions and reservations; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the western 91.5 feet of Gregory Place (approximately 50-60 East at 635 South) located within Lot 7, of Block 21, Plat A, Salt Lake City Survey, in Salt Lake City, Utah, more particularly described below, be, and the same hereby is closed and declared no longer to be needed or available for use as a public street, avenue, alley or pedestrian way, but that the public's interest therein shall be reserved for a contemplated transfer for the fair market value. Beginning at a point which is 83 feet south from the Northwest corner of Lot 7, Block 21, Plat "A", Salt Lake City Survey; and running thence east 91.5 feet; thence South 27 feet; thence West 91.5 feet; thence North 27 feet to the point of beginning. Containing 2,470.5 square feet more or less. Said closure is expressly SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description, now located on, in, under or over the confines of the above described property and also SUBJECT TO the rights of entry thereon for the purposes of obtaining, altering, replacing, removing, repair- ing, or rerouting said utilities and all of • them. It is expressly noted, that the existing watermains, fire hydrants, sewer lines, etc. presently existing within said property must be observed and preserved as part of said utility easement. Said closure is also SUBJECT TO any existing rights-of-ways or easements of private third parties. SECTION 2. It is agreed and acknowledged that as a condition subsequent to this Agreement, that if, in order to accommodate Grantee's desire to use the property, that said utilities, etc., must be moved, adjusted, or otherwise adapted, that the Grantee will bear the expense of all proposed adapta- tions and will be responsible to obtain the approval of the Grantor upon proposed plans before any building permits therefor may be issued. It is a further condition subsequent that if, in fact, Grantee requests the relocation or other accommodation of the lines in connection with a relinquishment of the City's interest in said public utilities, that said relinquishment will not occur until the Grantee pays to the Grantor the fair market compensation for the easement to be relinquished. SECTION 3. In the opinion of the City Council of Salt Lake City, Utah, it is necessary for the peace, welfare, health and safety of the inhabitants of the City that this ordinance become effective immediately as provided below. SECTION 4. This Ordinance, after the date of its first publication, shall not become effective until recorded with the Recorder of Salt Lake County. However, the City Recorder of Salt Lake City is hereby instructed that she shall not proceed with the recording until the Mayor of Salt Lake City, receives the fair market value and an executed Agreement approved by the City Attorney providing the City with fair market value compensation. Upon approval by the Mayor of the documents necessary to complete the contemplated transfer, this closure ordinance may be recorded concurrently with said documents. If the foregoing conditions are not completed within twelve months from the date of passage, this Ordinance shall be null, -2- void, and of no effect, and no subsequent recording shall be allowed. Passed by the City Council of Salt Lake City, Utah, this 22nd day of September, 1981. kg„„(..,,4 4,g_.; CHAIRMAN ATTEST: YCryII'EQORUER Transmitted to the Mayor on September 22, 1981 Mayor's Action ,ems R ATTEST: CITY RECO ER (S E A L) BILL 71 of 1981 Published October 2, 1981 -3- tatm35A Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake AKt CI SALTL ORDINANCE Shasta D. Conaty Closing the North 91.5 feel Horlion of Gregory Place In Bti ' 91,Plat A,Solt Lake City Survey,at 633 South Stale Street ' InvesWHEREAS,tments, uetlts Petition �tionl9of the western 91 5 toot rtion of Gregory Place,ass Id street resently deadends pinto its properly located between Main and Slate street;and Being first duly sworn,deposes and says that he is legal WHEREAS,a review of said petition Indicates that vacs, lion y wd be conrary fq th¢ y dt the cry,nut m heu advertising clerk of the DESERET NEWS, a daily thereof,that censure out°the pr is no,based upon the for use spublic street, eof ahenueeois e,bUI necessary (except Sunday) newspaper printed in the English closed, 5 public Iinte r alley.but anticipated ed trau .wt fair marke interest avenue abutting retained far antlowners, language with general circulation in Utah. and basfer ill fair market value reservations,avatHn9 pep¢rly viers, °aced W, HEREFdltlonsenddaineypublished in Salt Lake City, Salt Lake County, in the NOW,THEREFORE,be it ordained by the City COUnCII of salt lake City.Utah;That Section I. That the western 91.3 feel of dwithin Gregory Place State of Utah. la Mock 1,Plat $A, Eas t City South)located It Lakek Lot], U1 Block r flat A.Salt Lake Cle o In SalttheCity, tah,more particularly described to below,e e the same hereby is slesa and blic street longer t9b¢needed or atra That the legal notice of which a copy is attached hereto wale for ie'c trees alley or served for g v,but that the transfer r Interest markestl II a reserved for a coBegi Beginning transfer for the fair 93 feet.south. Northwest cot rner of Lotic1,IBlock1 1,Plat Salt Pub notice of Ordinance Ot71 of 1981 Lake City Survey:and running thence east 91.5leaf; thence Southe �7 Met: thence West'91.5 feet;thence North Or square Met the m point 51 beginning.Containing 2,- Said closure is ee xpressly SUBJECT TO all existing rigytsm'way and easements of ell public utilities of • and every ie confines)of the abovedescdcribed°proeeerty and also SUEJECT,TO the rights of entry theron for Me purposes if obtaining,altering, placing,re ins. r iring,or rerouting said utilities and all of them.It Is expressly noted,that the existing water- s,tire hydrants,sewer lines,eft.presently exist-. ingp within said propely.must be observed d pre- served as part of said utility easemet. Sale closure is also SUBJECT TO any existing rights- if-ways or easements of private third parties. Section 2.It Is agreed end acknowledged that as a condi- tion subsequent to this Agreement that If,in or er to accom- modate Granters desire to use the property,Mat said utili- ties,etc.,must he moved,adiusted,or otherwise adapted,that the Grantee will bear the expense°f all proposed adaptations in said newspaper on Oct. 2, 1981 and will be responsible to obtain the approval of he Grantor was published be°°issora.It i plansafuther before any on sdln�uent'that therefor fact, Grantee requests Me relocation or other a modatlon of the fines in connection with a relinquishment or the City's interest nid public utilities,that said rellnauishemet will not occur f. til the Grantee navy to the Grantor the fair market cornett, satien for the casement et be relinquished. Section J.In the opinion o1 the City Council o1 Salt Lake .. - City,Utah.it is ec s ry for the peace,welfare,health.and - safety. l the inhabitants at the City that ills o dinance be• Legal AdvertisingClerk efflecuve immediately as provided below. Section n r This¢Ordinance,after the date of its first publication,shall not become effective unrll recorded with the Recorder of Salt Lake Coot,However,the City Recorder of Salt Lake City is hereby instructed teal she shall not proceed with the reco d• Mg until the Mavnr of Salt Lake City,receives the lair market and an executed Agreement approved by the City ABor )re me this 9th day of hey value and City with fair market Value compensation. Upon approval by lire Mayor of iho documents°ne ry to complete Ilse ntemplatMl transfer,this closure ordinance may beecorded concurrently with said documents. A.D. 19.81... f fromrethe foregoing conditions of oil sage,not s Ord nan°ce shall twelve e null, monthsid,and at no effect,and no subsequent recording shall be allowed. Passed by the City Council of San Lake CItY,Nth,this ,W Rz day of 5e#¢ube,m,t901. /s/Palmer De Par lis ATTEST. \'.=p,` _/, !/tL..t_).._ a...�., r•_ ✓ r— CHAIRMAN s Kathryn Marshall Transmitted to the Mayor on September 22,1901. NotaryPublic Mayor's Action /s/Ted l-Wilson Mayor AT TESTED. /s/Kathryn Marshall CITY RECORDER (SEAL) Bin 71 of 1981 Pubtished October I.I9B1 8-09 Iv1y Commission.t xplres Feb. 11, 1982