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022 of 2012 - Closing a portion of Washington Street adjacent to 252 W. Brooklyn Avenue An ordinance closing a por0 12-1 P 12-7 SALT LAKE CITY ORDINANCE No. 22 of 2012 (Closing a portion of Washington Street adjacent to 252 W. Brooklyn Avenue) An ordinance closing a portion of Washington Street as a public street from its northernmost intersection with Brooklyn Avenue and running north approximately 72.5 feet therefrom, pursuant to Petition No. PLNPCM2011-00698. WHEREAS, the Salt Lake City Planning Commission ("planning commission") held a public hearing on January 25, 2012 to consider a request made by Volunteers of America, Utah ("Applicant") to close a portion of city -owned right-of-way known as Washington Street from its northernmost intersection with Brooklyn Avenue and running north approximately 72.5 feet therefrom (Petition No. PLNPCM2011-00698) that such property may be declared surplus; and WHEREAS, at its January 25, 2012 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council ("city council") with certain conditions; and WHEREAS, the city council finds after public hearings that the city's interest in the portion of the street described below is not necessary for use by the public as a street and that closing the portion of the city -owned right-of-way will not be adverse to the general public's interest; and WHEREAS, after a hearing before the city council, the city council has determined that adopting this ordinance is in the city's best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing a Portion of Washington Street. That a portion of Washington Street from its northernmost intersection with Brooklyn Avenue and running north approximately 72.5 feet therefrom, which is the subject of Petition No. PLNPCM2011-00698, and which is more particularly described on Exhibit "A" attached hereto, hereby is, closed declared no longer needed or available for use as a street, subject to the conditions set forth in section 3 herein. SECTION 2. Reservations and Disclaimers. The above closure and vacation is expressly made subject to all existing rights -of -way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the city's water and sewer- facilities. Said closure and vacation is also subject to any existing rights -of -way or easements of private third parties. SECTION 3. Conditions. The street closure approved by this ordinance is conditioned upon the following: 1. Payment to the city of fair market value of those portions of the street, or its equivalent, and title to those portions of this street shall remain with the city until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code chapter 2.58; and 2. That all requirements of the relevant City departments/divisions, as identified in the January 25, 2012 planning division staff report concerning the above -referenced application, be met by the applicant prior to, or concurrent with, the purchase of the subject portion of the alley described herein. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the conditions identified above have been met as certified by the city's planning director and property manager. 2 SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this 1st day of May ATTEST: , 2012. - Transmitted to Mayor on 5-9-2012 Mayor's Action: Approved. Vetoed. (SEAL) Bill No. 22 of2012. Published: HB_ATTY-1/22120-vI-Ordinance_closing_aportion_of Washington_Street.DOC 3 APPROVED AS TO FORM Salt Lake City Attorney's Office Date: By 3 20)2 Par C. Nielson, en'rr City Attorney Washington Street A Portion of Washington Street Closure A Portion of Washington Street to be closed is located in part of Lot 8, Block 23, 5-Acre Plat "A", Big Field Survey, which is also a part of the Southeast % of Section 12, Township 1 South, Range 1 West, Salt Lake Base and Meridian. More particularly described as follows: Beginning at the Southeast Corner of Lot 1, Block 3, of Edward's Subdivision; thence North 72.5 feet along the east side of lot 1; thence East 66 feet across Washington Street to the east side of said streets right of way; thence South 72.5 feet along said right of way to north right of way of Brooklyn Avenue; thence West 66 feet to the point of beginning, containing 4,785.0 square feet more or less.