080 of 2012 - Closing & vacating an alley adjacent to property at approximately 808 West Everett Avenue 0 12-1
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SALT LAKE CITY ORDINANCE
No. 80 of 2012
(Closing and vacating an alley adjacent to property located at
approximately 808 West Everett Avenue)
An ordinance closing and vacating an alley as a public right-of-way adjacent to property
located at approximately 808 West Everett Avenue,pursuant to Petition No.PLNPCM2012-
00337.
WHEREAS,the Salt Lake City Planning Commission("planning commission")held a
public hearing on August 8,2012 to consider a request made by Utah Metal Works("Applicant")
(Petition No.PLNPCM2012-00337)to close and vacate an unnamed city-owned alley adjacent
to Applicant's property located at approximately 808 West Everett Avenue and to declare same
as surplus property;and
WI IEREAS,at its August 8,2012 hearing,the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council("city
council")subject to certain conditions identified herein;and
WHEREAS,the city council finds after holding a public hearing on this matter,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,THEREPORE,be it ordained by the City Council of Salt I,ake City,Utah:
SECTION 1. Closing and Vacating Street. An unnamed city-owned alley adjacent to
property located at approximately 808 West Everett Avenue,which is the subject of Petition No.
PLNPCM2012-00337,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. Applicant shall combine all of its lots adjacent to the subject alley through the city's
subdivision process.
2. Applicant shall comply with all city requirements for vacating alleys adjacent to
commercial properties.
3. That all requirements of the relevant City departments/divisions, as identified in
Attachment"C" of the August 8, 2012 Planning Commission 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.
Passed by the City Council of Salt Lake City,Utah this 13th day of
November ,2012.
RPERSOAI
ATTEST: ,...,
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CITY RECORDER c" 10, 'y
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Transmitted to Mayor on November 13, 2012 •
Mayor's Action: X Approved. Vetoed.
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Y RECORDER
APPROVED AS TO FORM
Salt Lake Cty Attorney's Office
Date:
By:
(SEAL) Pa C. ie so en City Attorney
Bill No. 80 of 2012.
Published:
H B_ATTY-024983-v I-Ordinance_closing_vacating_alley_UM W.DOC
EXHIBIT "A"
Legal Description of Alley to be Vacated
All of that certain 14 foot wide Alley located in Block 4, of the Empire Addition as
recorded in the Office of the Salt Lake County Recorder and located in the Southeast
Quarter of Section 23, Township 1 North, Range 1 West, Salt Lake Base and Meridian,
more particularly described as follows:
BEGINNING at the Northwest corner of said Alley
which is 1287.79 feet North 89°52'10" West along the Section line and 499.24 feet
North 00°05'00" West from the monument found marking the Southeast corner of said
Section 23 (the basis of bearings is North 89°52'10" West 2658.10 feet measured
between the monuments found marking said Southeast corner and the South Quarter
corner of said Section 23), and running thence East 350.00 feet; thence South
00°05'00" East 14.00 feet; thence West 350.00 feet; thence North 00°05'00" West 14.00
feet to the POINT OF BEGINNING.
Contains 4,900 square feet or 0.113 acres.
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SALT LAKE CITY ORDINANCE
No. 80 of 2012 1-,'
(Closing and vacating an alley adjacent to property located at
approximately 808 West Everett Avenue) r
An ordinance closing and vacating an alley as a public right-of-way adjacent to property
located at approximately 808 West Everett Avenue,pursuant to Petition No.PLNPCM2012-
z
00337.
rri{q a„:F"
WHEREAS,the Salt Lake City Planning Commission("planning commission")held a
public hearing on August 8,2012 to consider a request made by Utah Metal Works("Applicant") n m. :�
rrt c-P.
(Petition No.PLNPCM2012-00337)to close and vacate an unnamed city-owned alley adjacent =-1
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y xi
to Applicant's property located at approximately 808 West Everett Avenue and to declare same
as surplus property;and
WHEREAS,at its August 8,2012 hearing,the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council("city
council")subject to certain conditions identified herein;and
WHEREAS,the city council finds after holding a public hearing on this matter,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 approximately 808 West Everett Avenue,which is the subject of Petition No.
PLNPCM2012-00337,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.
ri COPY
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. Applicant shall combine all of its lots adjacent to the subject alley through the city's
subdivision process.
2. Applicant shall comply with all city requirements for vacating alleys adjacent to
commercial properties.
3. That all requirements of the relevant City departments/divisions, as identified in
Attachment"C" of the August 8, 2012 Planning Commission 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.
•
Passed by the City Council of Salt Lake City, Utah this 13th day of
November , 2012.
•
IC RPERSO
ATTEST:
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$,,,,CITY RECORDER ` '� , ,...„, ,
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Transmitted to Mayor on November 13, 2012 •
Mayor's Action: Approved. Vetoed.
4 A
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0. YOR
741-17/114 ' /
Y RECORDER
APPROVED AS TO FORM
Salt Lake C'ty Attorney's Office
Date:
By:
(SEAL) Pa C. ie so Sen City Attorney
Bill No. 80 of 2012.
Published: _ November 8,•2013
HB_ATTY-#24983-v l-Ordinance_closing_vacating_al ley_U M W.DOC
EXHIBIT "A"
Legal Description of Alley to be Vacated
All of that certain 14 foot wide Alley located in Block 4, of the Empire Addition as
recorded in the Office of the Salt Lake County Recorder and located in the Southeast
Quarter of Section 23, Township 1 North, Range 1 West, Salt Lake Base and Meridian,
more particularly described as follows:
BEGINNING at the Northwest corner of said Alley
which is 1287.79 feet North 89°52'10" West along the Section line and 499.24 feet
North 00°05'00" West from the monument found marking the Southeast corner of said
Section 23 (the basis of bearings is North 89°52'10" West 2658.10 feet measured
between the monuments found marking said Southeast corner and the South Quarter
corner of said Section 23), and running thence East 350.00 feet; thence South
00°05'00" East 14.00 feet; thence West 350.00 feet; thence North 00°05'00" West 14.00
feet to the POINT OF BEGINNING.
Contains 4,900 square feet or 0.113 acres.
CINDI L.MANSELL SAT
1 ' 4j j"' ffir MONO i I a
RALPH BECKER
CITY RECORDER
City Recorder MAYOR
RECORD CERTIFICATION
STATE OF UTAH,
City and County of Salt Lake,
I, Cindi L. Mansell, City Recorder of Salt Lake City, Utah, do hereby certify that this
document is a full, true and correct copy of Ordinance 80 of 2012 as maintained in the
files of Salt Lake City Recorder's Office.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of
said City,this 6th day of November,2013.
iCq'
Cindi L.Mansell
City Recorder,Salt Lake City,Utah "
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LOCATION,451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS:PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:601-535-7671 FAX:801-535-7681