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012 of 2008 - Closing and abandoning portion of Everett Avenue from Dexter Street eastward to a point halfway betw 0 08-1 P 08-2 SALT LAKE CITY ORDINANCE No. 12 of 2008 (Phase I Closure -- Closing and abandoning portions of Everett Avenue and 800 West as public streets, with conditions and time limitation) AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT AVENUE FROM DEXTER STREET EASTWARD TO A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND HOT SPRINGS STREET AS A PUBLIC STREET, AND A PORTION OF 800 WEST FROM EVERETT AVENUE NORTHWARD TO A POINT APPROXIMATELY HALFWAY TO 1500 NORTH AS A PUBLIC STREET, PURSUANT TO PETITION NO. 400-06-5 0. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portions of the streets described below is not necessary for use by the public as streets and that closure and abandonment of the portions of the streets will not be adverse to the general public's interest; and WHEREAS, the title to the closed portions of the streets shall remain with the City until sale for fair market value or its equivalent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and Abandoning Streets. A portion of Everett Avenue from Dexter Street eastward to a point approximately halfway between 800 West and Hot Springs Street, and a portion of 800 West from Everett Avenue northward to a point approximately halfway to 1500 North, which are the subject of Petition No. 400-06-50, and which are more particularly described on Exhibit"A" attached hereto, and the same hereby are, closed and abandoned and declared no longer needed or available for use as streets. 1 t '?17462 _ 06101 J 20O U3:12 PM $U. 00 Book - 9730 P9 - 3314-3321 l3AR.i' i. OTT RECORDER, SALT LAKE COUNTY, UTAH CI Tr RECORDER 451 S STATE ST PM 415 SALT LAKE CITY UT 84111 BY: : XI, DEPUTY - WI 8 P. A. • • SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 abandonment is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. These street closures are conditioned upon the following: a. Payment to the City of fair market value of those portions of the streets, or their equivalent, and title to those portions of these streets 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; b. Execution and recording of an avigation easement acceptable to the City's Airport and Planning Division; c. Execution and recording of a private utility easement between petitioner and Chevron for the gas line that runs beneath Everett Avenue; and d. Execution and recording of a development agreement that specifically and adequately addresses the following points: i. Installation of gates at Everett Avenue and Hot Springs, and at Everett Avenue and Dexter Street,which will allow for unimpeded, free, and workable access at all times by Fire and emergency services. Any plans concerning or otherwise impacting fire suppression and/or safety shall be submitted to the Salt Lake City Fire Department for review and 2 approval. As part of its review, the City's Fire Department may make recommendations, including but not limited to requiring additional fire hydrants to service the property, which must be adhered to before approval will be granted. Further, if Phase 2(b) of the development is later approved by the City for development, a fence must be installed enclosing the north end of the property at 800 West. ii. Utah Metal Works, the site operating on the north and south of Everett Avenue and on the east and west of 800 West, which are the subject locations for the street closure at issue in this petition (Petition No. 400-06-50);must and will come into compliance with Section 21A.28.010(B)(3)(b) (Outdoor Sales, Display or Storage in Manufacturing Districts) and Section 21A.28.030(E) (Landscape Yard Requirements for M-2 Heavy Manufacturing District) before development approval is granted. With respect to Section 21A.28.010(B)(3)(b), a solid wall or fence not less than seven feet(7') but not greater than ten feet (10') in height shall be installed, and any outdoor storage shall be stacked lower than the enclosing wall or fence. Said fence shall include the entrance and exit gates and shall not encroach into any sight distance triangle. Said fence shall also run along 1500 North and Dexter Street. With respect to Section 21A.28.030(E), the first twenty five feet (25') of the front yard and the first fifteen feet (15') of corner side yards shall be landscaped. Said landscaping shall be conformance with the requirements of Chapter 21A.48, including Section 21A.48.110. Structures in existence as of the date this ordinance is passed will not be subject to the landscaping requirements. 3 iii. Execution and recording of a public utilities easement in favor of Salt Lake City. The easement shall cover the water and storm drains that serve the properties along 800 West and Everett Avenue, and shall be the width of the current right-of-way along Everett Avenue. No trees, fences, buildings, or structures of any kind shall be allowed and nothing shall be stored in the easement area. A drainage impact fee to be specified by the City's Public Utilities Department shall be paid for any new impervious surface(s) to the Utah Metal Works property. iv. Public way improvements must be made along all remaining Utah Metal Works frontage, including Hot Springs Street and 1500 North. Said improvements shall be at petitioner's sole expense. v. The public rights-of-way along Hot Springs Street, 1500 North Street, and the remaining portions of Everett Avenue must remain open for public use. No trucks or trailers shall be parked or staged along these streets. vi. Utah Metal Works shall file for an amendment to the Empire Addition subdivision with the Planning Division. All parcels impacted the proposed street closure must have at least eight (8) feet of street frontage. In addition, the plat must be noted that there is no sewage system on Utah Metal Works site. vii. Documentation shall be provided to the Planning Division certifying that the proposed location is not a Brownfield site. 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 4 • instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Property Manager and Salt Lake City Planning Director. 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 1 day of April 2008. qJLa CHAIRPERSON EST: DE T CIT Transmitted to Mayor on April 2. 2008 • 5 • Mayor's Action: X Approved. Vetoed. I, �� � MAYO'' CH P CI Y C RD 'f. 0 CO, Akv-411 - APPROVED AS TO FC'^" (SEAL) '144 Bak Lake City Attorney's ul��y 7 2C01— Dale Bill No. 12 of 2008. `t fs. = By Published: May 23. 2009 • HB_ATTY-#2042-v1-Closing_aportion_of Everett_Ave_andportion_of 800_West_--_Phase_l.DOC 6 EXHIBIT"A" Phase I From a Point of Beginning at the Northwest corner of Lot 8, Block 3 of the Empire Addition, according to the official plat thereof, filed in Book"E"of the plats at page 58 of the official plats of the Salt Lake County Recorder,thence bearing N 0 degrees 05' W 66 feet along the Dexter Street Right of Way to the Southwest corner of Lot 7, Block 4 of the Empire Addition, thence running East 350 feet along the South edge of Block 4 of the Empire Addition,to the Southeast corner of Lot 1, Block 4 of the Empire Addition, thence bearing N 0 degrees 05'W 132 feet along the East edge of Block 4 of the Empire Addition, thence running East 66 feet to the center point of the vacated alley in Block 5 of the Empire Addition,thence bearing S 0 degrees 05' E 132 feet to the Southwest corner of Lot 10, Block 5 of the Empire Addition,thence bearing East 250 feet to the Southeast corner of Lot 6, Block 5 of the Empire Addition, thence South 66 feet across the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of the Empire Addition,thence running West 666 feet along the South edge of the Everett Avenue Right of Way, to the Point of Beginning at Lot 8, Block 3 of the Empire Addition. LYN CRESWELL ""'�*��R� ' % O 1�WH INK RALPH BECKER DIRECTOR MAYOR DEPARTMENT OF MANAGEMENT SERVICES CITY RECORDER STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, City Recorder of Salt Lake City, Utah, do hereby certify that the attached document, Ordinance 12 of 2008, closing and abandoning portions of Everett Avenue and 800 West is a true and correct copy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 1st day of June, 2009 ity Recorder, Salt Lake ity, Utah s,CI fiery; LOCATION: 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 841 1 7 MAILING ADDRESS: PO BOX 145515, SALT LAKE CITY, UTAH 841 1 4-551 5 TELEPHONE: 8O 1-535-7671 FAX: 801-535.76E 1 0 08-1 P 08-2 SALT LAKE CITY ORDINANCE No. 12 of 2008 (Phase I Closure -- Closing and abandoning portions of Everett Avenue and 800 West as public streets, with conditions and time limitation) AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT AVENUE FROM DEXTER STREET EASTWARD TO A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND HOT SPRINGS STREET AS A PUBLIC STREET, AND A PORTION OF 800 WEST FROM EVERETT AVENUE NORTHWARD TO A POINT APPROXIMATELY HALFWAY TO 1500 NORTH AS A PUBLIC STREET, PURSUANT TO PETITION NO. 400-06-50. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portions of the streets described below is not necessary for use by the public as streets and that closure and abandonment of the portions of the streets will not be adverse to the general public's interest; and WHEREAS, the title to the closed portions of the streets shall remain with the City until sale for fair market value or its equivalent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and Abandoning Streets. A portion of Everett Avenue from Dexter Street eastward to a point approximately halfway between 800 West and Hot Springs Street, and a portion of 800 West from Everett Avenue northward to a point approximately halfway to 1500 North, which are the subject of Petition No. 400-06-50, and which are more particularly described on Exhibit "A" attached hereto, and the same hereby are, closed and abandoned and declared no longer needed or available for use as streets. • SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 abandonment is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. These street closures are conditioned upon the following: a. Payment to the City of fair market value of those portions of the streets, or their equivalent, and title to those portions of these streets 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; b. Execution and recording of an avigation easement acceptable to the City's Airport and Planning Division; c. Execution and recording of a private utility easement between petitioner and Chevron for the gas line that runs beneath Everett Avenue; and d. Execution and recording of a development agreement that specifically and adequately addresses the following points: i. Installation of gates at Everett Avenue and Hot Springs, and at Everett Avenue and Dexter Street, which will allow for unimpeded, free, and workable access at all times by Fire and emergency services. Any plans concerning or otherwise impacting fire suppression and/or safety shall be submitted to the Salt Lake City Fire Department for review and 2 • approval. As part of its review, the City's Fire Department may make recommendations, including but not limited to requiring additional fire hydrants to service the property, which must be adhered to before approval will be granted. Further, if Phase 2(b) of the development is later approved by the City for development, a fence must be installed enclosing the north end of the property at 800 West. ii. Utah Metal Works, the site operating on the north and south of Everett Avenue and on the east and west of 800 West, which are the subject locations for the street closure at issue in this petition (Petition No. 400-06-50);must and will come into compliance with Section 21A.28.010(B)(3)(b) (Outdoor Sales, Display or Storage in Manufacturing Districts) and Section 21A.28.030(E) (Landscape Yard Requirements for M-2 Heavy Manufacturing District)before development approval is granted. With respect to Section 21A.28.010(B)(3)(b), a solid wall or fence not less than seven feet (7') but not greater than ten feet (10') in height shall be installed, and any outdoor storage shall be stacked lower than the enclosing wall or fence. Said fence shall include the entrance and exit gates and shall not encroach into any sight distance triangle. Said fence shall also run along 1500 North and Dexter Street. With respect to Section 21A.28.030(E), the first twenty five feet (25') of the front yard and the first fifteen feet (15') of corner side yards shall be landscaped. Said landscaping shall be conformance with the requirements of Chapter 21A.48, including Section 21A.48.110. Structures in existence as of the date this ordinance is passed will not be subject to the landscaping requirements. 3 iii. Execution and recording of a public utilities easement in favor of Salt Lake City. The easement shall cover the water and storm drains that serve the properties along 800 West and Everett Avenue, and shall be the width of the current right-of-way along Everett Avenue. No trees, fences, buildings, or structures of any kind shall be allowed and nothing shall be stored in the easement area. A drainage impact fee to be specified by the City's Public Utilities Department shall be paid for any new impervious surface(s) to the Utah Metal Works property. iv. Public way improvements must be made along all remaining Utah Metal Works frontage, including Hot Springs Street and 1500 North. Said improvements shall be at petitioner's sole expense. v. The public rights-of-way along Hot Springs Street, 1500 North Street, and the remaining portions of Everett Avenue must remain open for public use. No trucks or trailers shall be parked or staged along these streets. vi. Utah Metal Works shall file for an amendment to the Empire Addition subdivision with the Planning Division. All parcels impacted the proposed street closure must have at least eight (8) feet of street frontage. In addition, the plat must be noted that there is no sewage system on Utah Metal Works site. vii. Documentation shall be provided to the Planning Division certifying that the proposed location is not a Brownfield site. 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 4 • instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Property Manager and Salt Lake City Planning Director. 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 1 day of April 2008. \fij6- L6/0 CHAIRPERSON —EST: DE T CIT RJ Transmitted to Mayor on April 2, 2008 • 5 Mayor's Action: X Approved. Vetoed. f , ,r, MAYO • CHI P CI Y EC RD I ... 4...,„??..,--* # � { = A APPROVED AS TO f^ s. s K Salt Lake City Attorneys u.1, (SEAL) `r : „_ f, ; - 'i 1` ICID7—` �` _,t,»Fl.i.-, ,•e Date Bill No. 12 of 2008. By Published: May 23, 2009 • 1113 Al IY-#'_042-‘1-Closing_a_portion_of_Everett_Ave_and_portion_of_800_West_-_Phase_l.DOC 6 EXHIBIT"A" Phase I From a Point of Beginning at the Northwest corner of Lot 8, Block 3 of the Empire Addition, according to the official plat thereof, filed in Book "E" of the plats at page 58 of the official plats of the Salt Lake County Recorder, thence bearing N 0 degrees 05' W 66 feet along the Dexter Street Right of Way to the Southwest corner of Lot 7, Block 4 of the Empire Addition, thence running East 350 feet along the South edge of Block 4 of the Empire Addition, to the Southeast corner of Lot 1, Block 4 of the Empire Addition, thence bearing N 0 degrees 05'W 132 feet along the East edge of Block 4 of the Empire Addition, thence running East 66 feet to the center point of the vacated alley in Block 5 of the Empire Addition, thence bearing S 0 degrees 05' E 132 feet to the Southwest corner of Lot 10, Block 5 of the Empire Addition, thence bearing East 250 feet to the Southeast corner of Lot 6, Block 5 of the Empire Addition, thence South 66 feet across the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of the Empire Addition, thence running West 666 feet along the South edge of the Everett Avenue Right of Way, to the Point of Beginning at Lot 8, Block 3 of the Empire Addition.