023 of 2012 - Closing & vacating an alley as a public right of way adjacent to property located at 252 West Brookl 0 12-1
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SALT LAKE CITY ORDINANCE
No. 23 of 2012
(Closing and vacating an alley adjacent to property located at 252 W. Brooklyn Avenue)
An ordinance closing and vacating an alley as a public right-of-way adjacent to property
located at 252 W. Brooklyn Avenue, pursuant to Petition No. PI,NPCM20 1 1-00697.
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") (Petition No. PI,NPCM2011-00697) to close and vacate an unnamed city-owned
alley adjacent to property located at 252 W. Brooklyn Avenue and to declare same as surplus
property; 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"); and
WHEREAS, the city council finds after public hearings that the city's interest in the alley
described below is not necessary for use by the public as a street and that closing and vacating
that City-owned right-of-way will not be adverse to the general public's interest; and
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing and Vacating Street. An unnamed city-owned alley adjacent to
property located at 252 W. Brooklyn Avenue, which is the subject of Petition No.
PLNPCM2011-00697, and which is more particularly described on Exhibit'`A" attached hereto,
hereby is, closed and vacated and declared no longer needed or available for use as a public
right-of-way.
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. This alley closure and vacation is conditioned upon the
following:
1. Payment to the city of fair market value of those portions of the alley, or its equivalent,
and title to those portions of this alley 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 section 14.52.020; 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.
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.
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Passed by the City Council of Salt Lake City, Utah this 1st day of
May , 2012.
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RECORD
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Transmitted to Mayor on 5-9-2012 fig`\ro �
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Mayor's Action: / Approved. Vetoed.
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RECORD
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: (2) 24l2
By:
(SEAL) aul C.Niel , enior City Attorney
Bill No. 23 of 2012.
Published:
H B_ATTY-M221 19-v I-Ordi nance_clos ing_al ley_adj acent_to_252_W_Brook lyn.DOC
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Edward's Subdivision
Alley Closure
A Portion of alley to be closed is located in Block 3 of Edward's Subdivision,a subdivision being part of
Lot 8,Block 23,5-Acre Plat"A",Big Field Survey,which is also a part of Southeast''/.of Section 12,
Township 1 South,Range 1 West,Salt Lake Base and Meridian.More particularly described as follows:
Beginning at the Southwest Corner of Lot 1,Block 3,of Edward's Subdivision;thence North 72.5 feet
along the west side of lot 1;thence West 16.5 feet across the alley to the west side of alley right of way;
thence South 72.5 feet along said right of way to the north right of way of Brooklyn Avenue;thence East
16.5 feet across alley again to the point of beginning,containing 1,196.3 square feet
more or less.