29 of 1978 - A resolution setting forth uniform policy to be followed in considering the vacation of roads, stree Pr.' , 11 -"c"-
29
Resolution No.
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B Y I Thomas L. Hall �1
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COMMISSIONER
Setting forth uniform policy to be
I followed in considering the vacation I
of roads, streets and alleys.
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ffeletIrett to t e food of Commissioner%
AND PASSED
pn,Ay;: 1978
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ROLL CALL
VOTING Aye Nay Salt Lake City,Utah, May 23 ,19 78
Nffi
Mr.Chairman
1 move that the Resolution be adopted.
Agraz
Greener .
@itigtI gfall
Phillips RESOLUTION
Result
WHEREAS, annually numerous requests are made to the City to
vacate its interest in public streets, alley or highways which have
been dedicated for public purposes; and
WHEREAS, the City desires to determine its legal interest in
each property as a condition precedent to consideration of any
action upon such request; and
WHEREAS, as a matter of law, established by case law or statute,
the City's interest in various highways, roads, streets and alleys
are generally as follows:
1. The fee title to those roads, streets and alleys which
appear on the original site entry of Salt Lake City, Utah,
recorded June 10, 1872, is vested in the City.
2. The fee title to roads, streets and alleys which were
platted and dedicated to the City after March 13, 1890, the
effective date of Section 4 of Chapter 50 of the Laws of the
Territory of Utah of 1890, is vested in the City restricted
only by the specific restricting language on the plat dedication.
3. During the period of 1872 to 1890, the case law, later
reflected in laws enacted in Chapter 12 of the Laws of the
Territory of Utah of 1886, provides that a road, street or
alley whose dedication was offered to the public by abandonment,
prescriptive use, acquiescence or platting and accepted by
actual public use or improvement, transferred a right of way
subject to the following:
a) . The road, street or alley must have been actually used
fora public purpose for a substantial time to permanently
establish a right of way. (Section 2 of Chapter 12 of Laws
of Territory of Utah of 1886 determined use for a period of
ten [10] years was required.)
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b). A right of way for such a road, street or alley
dedicated by platting between 1886-1890 or without platting
would terminate or cease to be a public highway if not used
as a road for a period of five (5) years.
4. Paragraphs 2 and 3 would not apply if the City obtained its
interest in the property by acquisition of the fee through deed,
contract or condemnation; and
WHEREAS, vacation of the City's interest in land without
compensation must be viewed as a transfer of a substantial and
valuable property interest. To prevent windfall enrichment to
abutting property owners at public expense, such a transfer should not
be made without adequate fair market value compensation; and
WHEREAS, the City desires to form and articulate a consistent
policy regarding vacation and/or the transfer of its interest in real
property.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Salt Lake City, that all petitions for the vacation or closing of any
road, street or alley be reviewed and evaluated in light of the
following guidelines:
1. FEE. No such petition shall be considered unless accom-
panied by a fee of $100.00 to cover the initial costs of staff
review.
2. IDENTIFICATION OF LEGAL INTEREST. If the road, street or
alley was dedicated as part of a subdivision, a copy of the
subdivision plat including the dedicatory language shall be
attached to the petition. No action on such a petition to
vacate or close a street may be considered until the City
Engineer identifies and verifies the specific manner and date
in which the City's interest in the road, street or alley was
established and the City's legal interest be identified by
the City Attorney.
3. NEED. Each petition shall be evaluated in terms of the
road, street or alley's current use and the need in the fore-
seeable future for its use as a street or any other public pur-
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pose. If such a need exists or may foreseeab]y exist, the
petition shall be denied.
4. GENERAL POLICY. If the Board of Commissioners determines
the property is not needed at the present time or in the fore-
seeable future for public purposes and it is desirous of trans-
ferring its interest in the property, it shall direct further
negotiations in accordance with the following standards:
a). ALLEYS. Alley vacation actions may be considered
inasmuch as alleys are not generally susceptible to current
planning, maintenance or servicing and add desirable open
space. A vacation of an alley relieves the City from
servicing or maintaining alleys and this relief is hereby
declared to be adequate compensation for the City's interest.
Where appropriate, the City may require conditions precedent
to its action, such as the installation of improvements,
landscaping, etc., which must be completed or bonded for
prior to the enactment of a vacating ordinance.
b) . MAJOR STREETS. Major streets and platted extensions
thereof should not be vacated nor should the City's interest
in the streets be transferred in a manner terminating the
interest. If the fee is owned, the City may consider a
transfer of a lesser determinable interest for adequate com-
pensation such as a lease or deed with conditions subsequent
providing for reversion of the interest to the City.
c) . NON MAJOR STREETS. The fee interest or right of way
in non major streets or platted extensions thereof shall not
be vacated, but may be transferred by sale, lease or other
manner for adequate compensation.
5. COMPENSATION. Any action providing vacation, closing,
leasing or selling of its interest in a road, street or alley
for compensation shall be conditioned upon prior payment and
shall not be enacted by formal ordinance nor recorded until all
compensation required in connection therewith has been deposited
with the City, together with advertising costs, etc. Generally,
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such compensation shall be the fair market value of the land.
Any petition that does not contain an offer to pay fair market
value or other equitable compensation may be denied. Any
petition requesting vacation of roads, streets or alleys
which accompanies an approved subdivision wherein land will
be dedicated for public purposes, including a new road system,
the new dedicated land may be considered as a portion of the
compensation for the land in which the City's interest is
vacated. If a portion of the compensation includes the
requirement of installing improvements or landscaping as a
condition precedent, such conditions must be completed or a
bond guaranteeing performance must be submitted prior to final
action.
6. PROCEDURE. Any and all petitions for vacations, closing
of streets, leasing or acquisition of public property shall
comply herewith and with state laws. Said petitions shall be
reviewed for recommendation from the following City staff:
City Engineer, Attorney, Planning & Zoning, Traffic Engineer
and Property Manager.
7. EFFECTIVE DATE. The provisions of this resolution shall
become effective immediately and the policy and procedures
contained herein shall be applied henceforth to all petitions
for vacation which have not received formal commission action.
Passed by the Board of City Commissioners of Salt Lake City,
Utah, this 23rd day of May 97:.
LiAewr,12
YOR
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COMM SIO R
.rIlilk
CO I'r IONER
COMMISSIONER,�/
COMMISS ONEY R