001 of 2012 - Closing & vacating an alley as a public right-of-way adjacent to property at 1370 E. Bryan Avenue 0 12-1
P 11-13
SALT LAKE CITY ORDINANCE
No. 1 of 201Z
(Closing and vacating an alley adjacent to property located at 1370 E. Bryan Avenue)
An ordinance closing and vacating an alley as a public right-of-way adjacent to property
located at 1370 E. Bryan Avenue, pursuant to Petition No. PLNPCM2011-00207.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission")held a
public hearing on July 13, 2011 to consider a request made by Baldomero and Lourdes Olivera
("Applicants")(Petition No. PLNPCM2011-00207) to close and vacate an unnamed City-owned
alley adjacent to property located at 1370 E. Bryan Avenue and to declare same as surplus
property; and
WHEREAS, at its July 13, 2011 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 1370 E. Bryan Avenue, which is the subject of Petition No. PLNPCM2011-
00207, 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:
A. The alley closure and vacation is subject to Applicants' compliance with all departmental
comments/requirements listed in the Planning Division staff report dated July 13, 2011,
excluding the comments submitted by the City's Transportation Division regarding a full
alley vacation.
B. The alley closure and vacation is subject to all existing rights-of-way and easements of all
public utilities now located on, under or over the subject property.
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.
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 3r-d day of
.Tanttary 2012
C ERS
ATTEST:
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Transmitted to Mayor on 1-11-2012
Mayor's Action: 2; Approved. Vetoed.
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Published:
HB_ATTY-#18953-v 1-Ordinance_vacating_alley_1370_E_Bryan_Ave.DOC
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Exhibit "A"
Legal description of the proposed alley vacation:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 5, EMERSON HEIGHTS 2nd
ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE
OF THE SALT LAKE COUNTY RECORDER AND RUNNING THENCE NORTH 27.00
FEET ALONG LOT LINE; THENCE EAST 12.00 FEET TO THE WEST LINE OF LOT 2, OF
SAID EMERSON HEIGHTS 2nd ADDITION; THENCE SOUTH 27.00 FEET TO THE
SOUTHWEST CORNER OF LOT 1, OF SAID EMERSON HEIGHTS 2nd ADDITION;
THENCE WEST 12.00 FEET TO THE POINT OF BEGINNING, BEING THE SOUTHERLY
27.0 FEET OF THE 12.0' WIDE BY 110.88 FOOT DEEP ALLEY ADJACENT TO SAID LOT
5.
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