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HomeMy WebLinkAbout74 of 1981 - Annexing certain property in the area of 13th East and 3070 South - 'Cassity Plaza Annexation' SALT LAKE CITY ORDINANCE No. 74 of 1981 (Cassity Plaza Annexation and Zoning) AN ORDINANCE EXTENDING THE LIMITS OF SALT LAKE CITY BY ANNEXING THE "CASSITY PLAZA ANNEXATION" SUBJECT TO A COMMERCIAL "C-1" USE DISTRICT CLASSIFICATION; BY AMENDING THE USE DISTRICT MAP ADOPTED BY SECTION 51-12-1 TO ADD THE AREA WITHIN SAID ANNEXATION UNDER THE "C-1" CLASSIFICATION; AND PROVIDING FOR AN ANNEXATION AGREEMENT INCORPORATED BY REFERENCE. WHEREAS, there has been filed with the City Recorder of Salt Lake City, Utah, Petition 194 of 1979, together with a plat showing a tract of land to be annexed and hereafter known as the "Cassity Plaza Annexation", requesting that the tract of contiguous land hereinafter described be taken within the limits of Salt Lake City Corporation; and WHEREAS, this Petition has been signed by owners representing a majority of the real property, together with the owners of over one-third in value of all the real property included in said annexation as shown in the last assessment rolls; and WHEREAS, the petitioners have caused an accurate plat or map to be made and certified to by a licensed land surveyor and approved by the City Engineer, which shall be filed with the City Recorder; and WHEREAS, the City Council of Salt Lake City, Utah, after examining the petition of said owners regarding said tract of land, having said petition reviewed by various departments of the City, and having considered the circumstances thereof at a publicly advertised hearing held September 22, 1981, and finding said proposed extension or annexation to be consistent and in keeping with its declaration policy governing annexation, being located in Study Area No. 5 of said Master Annexation Policy Declaration as adopted on June 20, 1979, and having been voted on by two-thirds vote of all of the City Council members favoring annexation of said tract of land to Salt Lake City; and WHEREAS, no objections or contest of said annexation or amendment to the policy declaration have been filed as required by law; and WHEREAS, said annexation is conditional, based on certain conditions and requirements forming the consideration for this legislative act which shall be reduced to writing in an Annexation Agreement, which is incorporated by reference. Said conditions include requirement for owners of the land to be responsible to bear the expense of dedicating land for widening a road, designing the extension of public way and utility improvements, construction of required public way, utility and canal improvements after approval and upon specifications set by the City. Said Annexation Agreement being marked as Exhibit "1" is hereby incorporated by reference as a portion of the terms and considerations of this ordinance; and NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah. SECTION 1. Area. That the City limits of Salt Lake City, be, and the same hereby are, enlarged and extended so as to include the tract of land located within the Cassity Plaza Annexation, located in Salt Lake County at approximately 13th East and 3070 South, which is described as follows: A portion of Lots 4, 15 and 16 of Block 27, Ten Acre Plat "A", Big Field Survey, East 1/2 Section 29, T.1 S., R.1 E., S.L.B.& M. and described as follows: Beginning at a point located 183.799 feet north and 669.852 feet west from the east quarter corner of Section 29, T.l S, R.1 E., S.L.B.& M. and running thence S. 87° 31' W. 369.62 feet; thence S. 83° 23' 42" W. 31.78 feet; thence S. 85° 37' W. 81.05 feet; thence S. 35° 28' 52" E. 110.97 feet; thence S. 42° 15' E. 784.74 feet to the west line of 1300 East Street; thence northerly along said west line of 1300 East Street the following three (3) courses: (1) N. 25° 10' 30" W. 7.10 feet; thence (2) northerly along the arc of a curve concave to the east a distance of 414.987 feet -(R=1186.28 feet, Delta + 20° 02' 36", Chord = 412.875 feet); thence (3) N. 0° 06' 30" East 292.159 feet to the point of beginning. Parcel contains 3.53 acres more or less. SECTION 2. Zoning. Be it further ordained and declared -2- • that the above described property be, and the same hereby is, zoned Commercial "C-1"; and the Use District Map as adopted by Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended, relating to the fixing of boundaries of Use Districts, be, and the same hereby is amended by the addition of the property described above in Section 1 which shall be classified as Commercial "C-1". SECTION 3. General Jurisdiction. Be it further ordained and declared that the tract of land above described in Section 1, including all the land located within the Cassity Plaza Annexation, shall thenceforth be within the corporate limits of Salt Lake City Corporation and said tract of land shall be zoned to a Commercial "C-1" classification, as described in Section 2. All ordinances, jurisdictions, rules and obligations of or pertaining to Salt Lake City are hereby extended over and made applicable and pertinent to this said tract of land; and the streets, blocks, alleys, and ways of said tract shall be controlled and governed by the ordinances, rules, and regulations of Salt Lake City in that behalf. The monuments of the City Engineer shall thenceforth be taken therein as the standards of locations and distances of said tract. Said tract of land shall be further governed by the Annexation Agreement incorporated into this ordinance by reference. SECTION 4. Annexation Agreement. The annexation of said tract described in Section 1 above is granted on a condition subsequent that prior to or concurrent with the adoption of this ordinance but prior to the publication and recording thereof, the Annexation Agreement prepared by the City Attorney as reflected in the proposed Annexation Agreement (attached as Exhibit "1") and incorporated herein by reference bearing the signatures of property owners within said tract, shall be accepted and executed by the Mayor of Salt Lake City. The agreements dealing with requirements for development of said tract are incorporated by reference constitute the consideration for the annexation. It -3- • reduces to writing representations and requirements stipulated to by owners to govern and accommodate future development upon the tract of land. The execution of the Annexation Agreement by property owners is a conditions precedent to passage of this ordinance. Said agreement shall govern future development. No permits or approvals will be granted, no services provided, unless owners are in compliance with the terms of the Agreement. SECTION 5. Upon passage of this ordinance, the City Recorder shall forward the executed Annexation Agreement to the Mayor for acceptance and execution. The ordinance may thereafter be effective upon publication. After publication the City Recorder is directed to file with the County Recorder of Salt Lake County a copy of the map or plat above mentioned, duly certify and acknowledged a certified copy of this ordinance, and the original Annexation Agreement. SECTION 6. In the opinion of the City Council of Salt Lake City, Utah, it is necessary and appropriate for the peace, health and welfare of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately, provided that the conditions subsequent mentioned in Sections 4 and 5 above are complied with. SECTION 7. This ordinance may take effect upon the date of its first publication; provided, however, no publication occurs before proper execution of the Annexation Agreement by the Mayor. Passed by the City Council of Salt Lake City, Utah, this 6th day of October , 1981. Re.4,t4,0 Zegaej, CHAIRMAN ATTEST: CI RE ER -4- Transmitted to the Mayor on ( �.( Mayor's Action AYOR ` ty Recorder ( SEAL BILL 74 of 1981 Published October 26, 1981 -5- SALT LAKE CITY ORDINANCE No. 74 of 1981 (Cassity Plaza Annexation and Zoning) AN ORDINANCE EXTENDING THE LIMITS OF SALT LAKE CITY BY ANNEXING THE "CASSITY PLAZA ANNEXATION" SUBJECT TO A COMMERCIAL "C-1" USE DISTRICT CLASSIFICATION; BY AMENDING THE USE DISTRICT MAP ADOPTED BY SECTION 51-12-1 TO ADD THE AREA WITHIN SAID ANNEXATION UNDER THE "C-1" CLASSIFICATION; AND PROVIDING FOR AN ANNEXATION AGREEMENT INCORPORATED BY REFERENCE. WHEREAS, there has been filed with the City Recorder of Salt Lake City, Utah, Petition 194 of 1979, together with a plat showing a tract of land to be annexed and hereafter known as the "Cassity Plaza Annexation", requesting that the tract of contiguous land hereinafter described be taken within the limits of Salt Lake City Corporation; and WHEREAS, this Petition has been signed by owners representing a majority of the real property, together with the owners of over one-third in value of all the real property included in said annexation as shown in the last assessment rolls; and WHEREAS, the petitioners have caused an accurate plat or map to be made and certified to by a licensed land surveyor and approved by the City Engineer, which shall be filed with the City Recorder; and WHEREAS, the City Council of Salt Lake City, Utah, after examining the petition of said owners regarding said tract of land, having said petition reviewed by various departments of the City, and having considered the circumstances thereof at a publicly advertised hearing held September 22, 1981, and finding said proposed extension or annexation to be consistent and in GJ keeping with its declaration policy governing annexation, being CD located in Study Area No. 5 of. said Master. Annexation Policy Declaration as adopted on June 20, 1979, and having been voted on h GO by two-thirds vote of all of the City Council members facorina annexation of said tract of land to Salt Lake City; and WHEREAS, no objections or contest of said annexation or amendment to the policy declaration have been filed as required by law; and WHEREAS, said annexation is conditional, based on certain conditions and requirements forming the consideration for this legislative act which shall be reduced to writing in an Annexation Agreement, which is incorporated by reference. Said conditions include requirement for owners of the land to be responsible to bear the expense of dedicating land for widening a road, designing the extension of public way and utility improvements, construction of required public way, utility and canal improvements after approval and upon specifications set by the City. Said Annexation Agreement being marked as Exhibit "1" is hereby incorporated by reference as a portion of the terms and considerations of this ordinance; and NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah. SECTION 1. Area. That the City limits of Salt Lake City, be, and the same hereby are, enlarged and extended so as to include the tract of land located within the Cassity Plaza Annexation, located in Salt Lake County at approximately 13th East and 3070 South, which is described as follows: c) '- A portion Of Lots 4, 15 and 16 of Block 27, Ten Acre Plat "A", Big Field Survey, East 1/2 Section 29, T.1 S., R.1 E., S.L.B.& M. and described as follows: Beginning at a point located 183.799 1 feet north and 669.852 feet west from the east quarter corner of Section 29, T.1 S, R.1 E., S.L.B.& M. and running thence S. 87° 31' W. 369.62 feet; thence S. 83° 23' 42" W. 31.78 feet; thence " S. 85° 37' W. 81.05 feet; thence S. 35° 28' 52" E. 110.97 feet; thence S. 42° 15' E. 784.74 feet to the west line of 1300 East Street; thence northerly along said west line of 1300 East Street W the following three (3) courses: (1) N. 25° 10' 30" W. 7.10 feet; thence (2) northerly along the Ca arc of a curve concave to the east a distance of 414.987 feet -(R=1186.28 feet, Delta + 20° 02' 36", Chord = 412.875 feet); thence (3) N. 0° 06' 30" East 292.159 feet to the point of beginning. cr Parcel contains 3.53 acres more or less. GO SECTION 2. Zoning. Be it further ordained and declared -2- • that the above described property be, and the same hereby is, zoned Commercial "C-1"; and the Use District Nap as adopted by Section 51-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended, relating to the fixing of boundaries of Use Districts, be, and the same hereby is amended by the addition of the property described above in Section 1 which shall be classified as Commercial "C-1". SECTION 3. General Jurisdiction. Be it further ordained and declared that the tract of land above described in Section 1, including al the land located within the Cassity Plaza Annexation, shall thenceforth be within the corporate limits of Salt Lake City Corporation and said tract of land shall be zoned to a Commercial "C-1" classification, as described in Section 2. All ordinances, jurisdictions, rules and obligations of or pertaining to Salt Lake City are hereby extended over and made applicable and pertinent to this said tract of land; and the streets, blocks, alleys, and ways of said tract shall be controlled and governed by the ordinances, rules, and regulations of Salt Lake City in that behalf. The monuments of the City Engineer shall thenceforth be taken therein as the standards of locations and distances of said tract. Said tract of land shall be further governed by the Annexation Agreement incorporated into this ordinance by reference. SECTION 4. Annexation Agreement. The annexation of said tract described in Section 1 above is granted on a condition subsequent that prior to or concurrent with the adoption of this ordinance but prior to the publication and recording thereof, the Annexation Agreement prepared by the City Attorney as reflected in the proposed Annexation Agreement (attached as Exhibit "1") and incorporated herein by reference bearing the signatures of Ca property owners within said tract, shall be accepted and executed by the Mayor of Salt Lake City. The agreements dealing with 11) requirements for development of said tract are incorporated by C reference constitute the consideration for the annrxal:ion. It -3- • reduces to writing representations and requirements stipulated to by owners to govern and accommodate future development upon the tract of land. The execution of the Annexation Agreement by property owners is a conditions precedent to passage of this ordinance. Said agreement shall govern future development. No permits or approvals will be granted, no services provided, unless owners are in compliance with the terms of the Agreement. SECTION 5. Upon passage of this ordinance, the City Recorder shall forward the executed Annexation Agreement to the Mayor for acceptance and execution. The ordinance may thereafter be effective upon publication. After publication the City Recorder is directed to file with the County Recorder of Salt Lake County a copy of the map or plat above mentioned, duly certify and acknowledged a certified copy of this ordinance, and the original Annexation Agreement. SECTION 6. In the opinion of the City Council of Salt Lake City, Utah, it is necessary and appropriate for the peace, health and welfare of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately, provided that the conditions subsequent mentioned in Sections 4 and 5 above are complied with. SECTION 7. This ordinance may take effect upon the date of its first publication; provided, however, no publication occurs before proper execution of the Annexation Agreement by the Mayor. Passed by the City Council of Salt Lake City, Utah, this 6th day of October , 1981. g-61/LAJ .degfAijv CP CHAIRMAN C7 P,T'l'EST: PA- Ca ha CI IZE PDER -4 d:� Transmitted to the Mayor on (-)(1`-1;r)S11. MayQr'y Action ATTE MAYOR C tyRecorder ( S E A,L , � BILL 74 of 1981 Published • r `ar �. 9 5. 3619911 STATE OF UTAH COUNTY OF SALT LAKE ss Lynda Domino Deputy ,City Recorder of Salt Lake City,Utah, do hereby certify that the attached copy of Ordinance 74 of 1981 Xff14ifKX extending the limits of Salt Lake City by annexing the "Cassity Plaza Annexation" �., was duly approved and accepted byoi',{�ty`Councif/fiC'sr.X4ction of Salt Lake City,Utah,this bth CD day of...October � � 'iA�+}9.8.1. . IN WITNESS WHEREOF, I-have'hereunto set'myhand and affixed the corporate seal of Salt Lake City,Utah, this...?(ICI day of....November-.., A D.19. 1. . -. U City Recorder of Salt Lake City,Utah --5— r-4 Ann Inc Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake , .� Shana D. Conaty sACY CTAANE CITYOR111wna1:of 'No.74 of 1901 (CNANC Plaza T ENDINGn and 2L IMIT AN ORDINANCE AN ANNEXING THE SI TYT5 OrZ SAI T LAKE CITY BY ANNEXING THE l..A;51TY PLAZA S, DISTRICT ON" SUBJECT TO; Y M[N DIN 'r.I" IPA: DISTRICT CAP ADOTTEDN; BY AMENDING UiO 011l: Being first duly Sworn,deposes and says that he IS legal DISTRICT HE AREA WITHIN ADOPTED ANNEXATIONNUMOEI1 rN=°o advertising clerk of the DESERET NEWS, a daily I"CLASSIFICATION,AND PROVIDING FOR AN ANNFXA- TION AGREEMENT INCORPORATED BY REFER:IF I. (except Sunday) newspaper printed in the English Snit Lakethere hasPet been n194 flied the City Hahn aer.lof p • g hewing a tract of land to be annexed and hertnner ko nm a language with general circulation in Utah, and *the Cas5lty Plaza Annexation", sting that tie heel of contiguous land hereinafter dexrlb Abed,tie mil.with,„,he published in Salt Lake City, Salt Lake County, in the imits of Salt Lakethirty Corporation,andWHE State of Utah. tenting a alor11y oftithe ion has l cr000en 00,Togetned her' ith rem the of o neihird In vulee por ro all the re v in- cluded In said annexation as shown In the Inset r.5ssessment rolls;and That the legal notice of which a copy is attached hereto WHEREAS,the petitioners have caused an aand',Ie plat map to be made and certllled to by a licensed land servo/- or doe oProved by the CITY Engineer,which shall be filed wllh the City Recorder;and Pub notice of Ordinance #74 of 1981 WHEREAS, toloariorlr Lake City, t a ning hneln f sidownes regarding said hart oh land,having sold pennon reviewed by varl,:os depart/non..lit Me City,and having considered the clrcumsarx.es rherenl at a publicly advertised hearing held September 22,1901,and find ing said proposed extension Or annexation to i,e cunolstent and In keening with Its declaration pcncy'govarnl,I:)anino..tion, being located In Study Area No,5 of kalri M„slcr Aunn,allugn Policy Weddl on tby fw0.thirdsa Vole of all)of lfi a Cho Con toll members favoring annexation of sold tract of land to:volt Lake CII'//;and r� m d1nEREAo.the policy)drelaretiltne have heatinlllea l.0ir` nulled by law;end ry WHEREAS,said annexation In cnnrutlenel,hayed en nor. rain conditions and requirements forming ire eonsirei ollal for this legislative act which shall be reduced b m,.In an Annexation Agreement,which Is Incorporated bye reiarn Sold conditions Include requirements for owners of the' ,;to be responsible to bear e expense of degicating land toriwkL ening a read, the designing the extension of public way and dishy Nov. 2, 1981 improvements,ments after approval and imon specii�atiul was published in said newspaper on set by the City.Said yyAnnexaattiion Agreement lollop market es Exhibit to terms andhconside incorporated of this ordinerefeanda Wfrmn NOW,THEREFORE,he It ordained by the 1:Ity Council of Salt Lake City,Utah. SECTION I.Area,'That the City limits of Sall Lake C itv, be,and the same hereby ,enlarged and xr0nded s s Id Incle the tract of land are, (thn the ssltY as - 1 Annexation,located In Salt Lake County at approximately Lhh Legal Advertising Clerk East and 3070 South,which Is described as follows: A portion of Lots 4,15 and IS of Bloc'(2/,Ten Arm Plat"A",Big Field Survey,Call%Sotlon r h„ Reno at a.point13.ftlocele[Id183,799 leenelhoi arlol il,0and M9es xin- Asl feet west front the east quarter owner et clan at, deo.31'RW..9.62 feet,thnceand S.83rrent beano,23,2"W,31 1 Ire ale this lintt,,t day of feet,thence 5.85 deg.37'W.01.05 tons:Wore S.',i deg.in'52"E.110.97 het;thence 5 42 rnt.Iv L 7aCuenvlaiona saldswest lire) l'14011 Earse'"iia''r"n�Fl A.D. 1981 following thrive(3)c :(1)N.25 dxi-lb'Al"','] 7.10 feet;thence(2)northerly along the are li a eurv,: to thet a distance 1 30 Vl/ ! co cave t fret, Deltat 20 eke.01 3' nerd - 412 075 reed-thence(31 N.0 r l F /> ist / k feet to the point of begir I g 1 contains ::i acres more or less. SECTION 2 7_ Inn.Be If turbo; dido I d ,r,,1 Mat the above deuriLed property b.,out h.��I,v fs, zoned Commercial"CT",and the Use District Man as eitraa- Cy Section 51-12.2 of tree Revi. Ord ItrrKes of Snit 1:01^ Notary Public ity,Utah,1965 as amended,rotation to ties iivinil of h.l:nldll- s of Use Districts',be,and the same hereby Is n lion lien 1 which shall be classified as Commercial"C-1", SECTION 3.General Jurisdiction.Be It partner ordalnfd and declared that the tract of land above co,'Itx•.1 in:,ecti,nl I,Including all the land located within no.ocev,/r'a0,Ab- Salt tLakesCity thenceforth be bald the ofnl`ate 1"n'of Sa d to a Commercial"C-I"classification,as tssc ibsd In ection 2.All ordinances,IlnlsdIrti0n5, u es anti Ohilpailoua of or pertaining to Salt Lake City are hereby ertend•nl over and made applicable and pertinent to this said Marl o,tar„l; and the Greets,blocks,alleys,end ways of sold tract s%,,ll b: controlled and governed by the ordinances,Galas,and mania lions of Salt Lake City in that beh,lt.(tie nmcurnents of i,,, .,,,. City Engineer shall thenceforth be taken 1h0relrr as H.,st;u,- dards of locations and distances of said head,Sail iron of land shall be further governed by the Annexation Aire:mein Incorporated into this ordinance by Mutant/era. SECTION 4,Annexation rlt,era.The x:Mon of said tract describes In Section I above in nranpni lO A.::an,11. lion subsequent that prior to or allllurrent with the adoorlun f this eo ordinance hot prior to the p epare°b the recording Bey as the Annexation the proposed 15 Ixeparly by}Ii.[:ply„itur- Bey tenonbi In the alld Incorporated Ann .Ion Au,Ar toll!,Cra- chedr to he signt are and property own heroin W rr.i_In.l c,; sbhall h the accepted of praed to of ears:vol s.a Y1ar0 Shall he a reem and ex cubed by the May=.4 pf Salt La ex, City.The Bare incorpl with incorporated Iv -• mesh I said Iron are annexation. I r)item to wrInssn us,i sentutlOna andlrequirements sltipulatedIn by to mimeo 10:v„I.� and accommodate future development opal,the 7 lct of ealnd r�l Ther Lo a conditions the inonstage Ara-on/aunt lrof thi n-�tino�l,0, Said agreement shall govern future developrnvll NO Jx,:n.Hs or approvals will be oranied,no services proton/et,r. 5. Owners are In compliance withthe farms of the/,tin;n „i. Recorder shall forward the executed Annexation�A=e of this P,eera hill to the thhe ereafter for effective acceptance and pdubliexecution. tlnnli After ordinance rrthe 1 abode, the Sill Recorder t directed to tea ap11 Ile t abov k'.cv:atiocY!, Sell Lcertify County a copy ec the map or certified copyp mutations!, o Gill- duly ,and and acknoriginal Annexation a Agreement, t, of this OYdi- II pan I N I. In the Annexation he CamCor. SECTION I dI In thenropinion d the City lae Council of Salt Lake for the health Utah, swet welfare of Is the Inhabit/n s of Son Lake City,Utah, that this ordinance become effect!,hdntdlaleh•,provided that the conditions subsequent mentioned In SolIhlons 4 an,i 4 above are compiled with. SECTION 7.This ordinance may fake effect upon tiie data, occurs uvrs befor lest e proper executiondOf the Annexallrn A dee aunt by theMayor. ' Passed by the City Cnunril of Tot..I.r. I. .