013 of 2008 - Closing & abandoning a portion of Everett Avenue from approximately halfway between 800 West & Hot S 0 08-1
P 08-2
SALT LAKE CITY ORDINANCE
No. 13 of 2008
(Phase II(A) Closure -- Closing and abandoning a portion of Everett Avenue as a public street,
with conditions and time limitation)
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT
AVENUE FROM A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND
HOT SPRINGS STREET EASTWARD TO HOT SPRINGS STREET 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 portion of the street described below is not necessary for use by the public
as a street and that closure and abandonment of the portion of the street will not be adverse to the
general public's interest; and
WHEREAS, the title to the closed portion of the street 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 Street. A portion of Everett Avenue from a point
approximately halfway between 800 West and Hot Springs Street eastward to Hot Springs Street,
which is the subject of Petition No. 400-06-50, and which is more particularly described on
Exhibit"A" attached hereto, and the same hereby is, closed and abandoned and declared no
longer needed or available for use as a street.
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,
107174673 'oL CITY RECORDER
06/0112009 03:13 PM $0- 00 451 S STATE ST ill 415
Book - 9730 PS - 3322-3328 SALT LAKE CITY UT 84111
GARY W- 0T T BY: gal DEPUTY - kWI 7 P.
PET:Mr:FP. RAl T i Ak:F INT'V, IITAH
.
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
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
2
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.
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
3
•
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
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, Salt Lake City Airport Director, Salt
Lake City Planning Director, and Salt Lake City Public Utilities Director.
4
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.
\IAL
CHAIRPERSON
EST:
HIEF P CITY CORDER
Transmitted to Mayor on April 2, 2008
Mayor's Action: x Approved. Vetoed.
MA "OR
CHIEF DEPU Y Y C ER
NO.C �;,?:,. - APPROVED AS TO FORM
St lee City Attor ey's 200 Q
Dale 61'
(SEAL) _ 44, ,.,;t s BY
Bill No. 3 of 2008. ;' Fz �
Published: May 23, 2009
HB ATTY-#2290-v1-Closing_aportion_of Everett_Ave_andportion_of 800_West -- Phase_1.DOC
5
r, ,
EXHIBIT"A"
Phase II(A)
From a Point of Beginning at the Southwest corner of Lot 5, Block 5 of the
Empire Addition,thence East 269.87 feet to the Hot Springs Street Right of Way at the
Southeast corner of Lot 1, Block 5 of the Empire Addition,thence bearing S 44 degrees
01' E 91.78 feet along the Hot Springs Street Right of Way to the Northeast corner of Lot
12, Block 1 of the Empire Addition,thence running West 333.54 feet along the South
edge of the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of
the Empire Addition,thence North 66 feet across the Everett Avenue Right of Way to the
Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition.
•
s! l ., h,1�c iii moan
� RALPH BECKER
LYN CRESWELL "�1p�
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 13 of 2008, closing and abandoning portions
of Everett Avenue as a public street 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
_-,:ty. .9...r..vt;'.. , ity Recorder, Sa La e C ty, to
orip%1
.,. RpOR A'
LOCATION: 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 841 1 1
MAILING ADDRESS: PO BOX 14551 5, SALT LAKE CITY, UTAH 841 1 4-551 5
TELEPHONE: 801-535-7671 FAX: 801-535-7681
t
-41 0 08-1
P 08-2
SALT LAKE CITY ORDINANCE
No. 13 of 2008
(Phase II(A) Closure -- Closing and abandoning a portion of Everett Avenue as a public street,
with conditions and time limitation)
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT
AVENUE FROM A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND
HOT SPRINGS STREET EASTWARD TO HOT SPRINGS STREET 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 portion of the street described below is not necessary for use by the public
as a street and that closure and abandonment of the portion of the street will not be adverse to the
general public's interest; and
WHEREAS, the title to the closed portion of the street 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 Street. A portion of Everett Avenue from a point
approximately halfway between 800 West and Hot Springs Street eastward to Hot Springs Street,
which is the subject of Petition No. 400-06-50, and which is more particularly described on
Exhibit "A" attached hereto, and the same hereby is, closed and abandoned and declared no
longer needed or available for use as a street.
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,
•
•
•
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.
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
3
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
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, Salt Lake City Airport Director, Salt
Lake City Planning Director, and Salt Lake City Public Utilities Director.
4
•
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
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
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 1 day of April
2008.
\ DIL ()0
CHAIRPERSON
EST:
HIEF P CITY CORDER
Transmitted to Mayor on April 2, 2008
Mayor's Action: x Approved. Vetoed.
-794/1 -
MA 'OR
CHIEF DEPU Y Y EC ER
�'{� - APPROVED AS TO FORM
� V
c. Salte City Attor eys 2
- Dale
108
(SEAL) �� . i { By
Bill No. t 3 of 2008.
Published: May 23, 2009 •
H13 ATTY-rt2290-vl-Closing_a_portion_of Everett_Ave_andportion_of800_West_--_Phase_11.DOC
5
•
EXHIBIT "A"
Phase II(A)
From a Point of Beginning at the Southwest corner of Lot 5, Block 5 of the
Empire Addition,thence East 269.87 feet to the Hot Springs Street Right of Way at the
Southeast corner of Lot 1, Block 5 of the Empire Addition,thence bearing S 44 degrees
01' E 91.78 feet along the Hot Springs Street Right of Way to the Northeast corner of Lot
12, Block 1 of the Empire Addition, thence running West 333.54 feet along the South
edge of the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of
the Empire Addition,thence North 66 feet across the Everett Avenue Right of Way to the
Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition.