017 of 2008 - vacating a portion of the airspace over Main Street at approximately 50 South Main Street to the ext SALT LAKE CITY ORDINANCE . .-:�.«,;i r.`_.
No. 17 of 2008 "; _
(Vacating a portion of the airspace over Main Street at approximately 50 South Main Street, to
the extent necessary to construct a skybridge as part of the new City Creek Center, with
conditions and sunset provision.)
AN ORDINANCE VACATING A PORTION OF THE AIRSPACE OVER MAIN
STREET, AT APPROXIMATELY 50 SOUTH MAIN STREET, TO THE EXTENT
NECESSARY TO CONSTRUCT A SKYBRIDGE AS PART OF THE NEW CITY CREEK
CENTER, PURSUANT TO PETITION NO. 400-06-38.
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that:
A. The City owns Main Street in fee simple absolute.
B. This ordinance relates only to the specified portion of the airspace over main street,
specifically indicated herein,which is more particularly described below and in
Exhibit A attached hereto. The City otherwise retains all portions of the subsurface,
surface and airspace of Main Street located on all sides of the partial street vacation
described herein.
C. It is in the public interest to vacate the use by the general public of the specified
portion of the airspace of Main Street because:
1. Such portion is not necessary for use by the general public as a street;
2. The partial vacation of the Main Street airspace has been requested in order to
enhance pedestrian circulation within the new City Creek Center;
3. The enhanced pedestrian circulation accomplished through this partial vacation of
the Main Street airspace is in the best interest of the public;
4. This partial vacation of the Main Street airspace will not be adverse to the general
public's interest;
5. This partial vacation of the Main Street airspace is subject to the reservations,
disclaimers, limitations and other conditions as set forth below.
NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A portion of the airspace above Main Street, at approximately 50 South
Main Street, which is more particularly described on Exhibit A attached hereto, shall be, and the
same hereby is, vacated and declared to be no longer needed or available as a public street, but
only to the extent necessary to construct a skybridge across Main Street as set forth in Exhibit A
attached hereto.
SECTION 2. Reservations and disclaimers. The above partial vacation of the Main
Street airspace 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 partial vacation of the Main Street airspace is also subject to any existing rights of way or
easements of private third parties.
SECTION 3. Conveyance of property interest. The conveyance of the property interest
from the City for the vacated portion of the above-referenced Main Street airspace shall not
convey the City's fee simple absolute interest in the property, but rather shall retain a future
interest in the property for the City,whether it be by lease for a term of years, a deed with a right
2
of reverter, or some other equivalent mechanism. The Mayor will consult with the City Council
in negotiating the teiiiis and conditions of the conveyance.
SECTION 4. Conditions. This ordinance and the resulting transfer are herby expressly
conditioned upon the following:
a. Payment to the City of fair market value of the vacated portion of the Main Street
airspace and title to that portion of the Main Street airspace shall remain with the City until
payment for fair market value, or the receipt of equivalent value, in accordance with Salt Lake
City Code Chapter 2.58; and
b. All existing public and private utility infrastructure must be maintained in a
manner acceptable to the City's Public Utilities Department; and
c. The approved plan for the skybridge shall use transparent glass in lieu of the
applicant's proposal, in order to minimize the visual impacts of the etched glass; and
d. The permit for the City Creek project, shall require that the amount of Main Street
retail, as represented in the applicant's most recent plan,be maximized to encourage the use of
the crosswalk at ground level; and that all four restaurant retail spaces adjacent to the skybridge
have one primary ingress on Main Street; and
e. The approved plan for the interior of the skybridge shall be designed to include
design elements and/or furniture to create a destination focal point.
SECTION 5. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake City Recorder. The City Recorder is
instructed not to publish or record this ordinance until the conditions identified above have been
3
met, as certified by the Salt Lake City Public Utilities Department, the Salt Lake City Property
Manager, and the Salt Lake City Planning Director.
SECTION 6. Sunset Provision. If the payment required as a condition above has not
been made within one year after adoption, or if the plans required as conditions above have not
been approved within on 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 8 day of
April , 2008.
C ERSON
A TEST:
CHIEF DEPUT CI CORDER I '+.
i 4
14
Transmitted to Mayor on .\, -
Mayor's Action: Approved. Vetoed. ` ►p, -t'
/4-
MAY3 R
IEF DEPUTY ITY O R
APPFeriVED AS TO FOP
Salt Lake City Attorney's Office
Date -/7- 00
By
•
(SEAL)
Bill No. 17 of 2008.
Published: 6-30-09
HB_ATTY-#3309-v 1-Ord_City_Creek_Center_Main_Street_Closure_Skybri dge_Approval.DOC
5
LYN CRESWELL $"`41% , "`" 0" 02fr"�� m ` RALPH BECKER
DIRECTOR DEPARTMENT OF MANAGEMENT SERVICES MAYOR
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 17 of 2008, Vacating a portion of the
airspace over Main Street at approximately 50 South Main Street, to the extent
necessary to construct a skybridge as part of the new City Creek Center, with
conditions and sunset provision.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 24th day of June, 2009
Y UTq +{ City Recorder, Sa t La a ity, Utah
,
LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:801-535-7671 FAX:801-535-7681
0 08-1
•
•
• P 08--3
SALT LAKE CITY ORDINANCE
No. 17 of 2008
(Vacating a portion of the airspace over Main Street at approximately 50 South Main Street, to
the extent necessary to construct a skybridge as part of the new City Creek Center, with
conditions and sunset provision.)
AN ORDINANCE VACATING A PORTION OF THE AIRSPACE OVER MAIN
STREET, AT APPROXIMATELY 50 SOUTH MAIN STREET, TO THE EXTENT
NECESSARY TO CONSTRUCT A SKYBRIDGE AS PART OF THE NEW CITY CREEK
CENTER, PURSUANT TO PETITION NO. 400-06-38.
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that:
A. The City owns Main Street in fee simple absolute.
B. This ordinance relates only to the specified portion of the airspace over main street,
specifically indicated herein, which is more particularly described below and in
Exhibit A attached hereto. The City otherwise retains all portions of the subsurface,
surface and airspace of Main Street located on all sides of the partial street vacation
described herein.
C. It is in the public interest to vacate the use by the general public of the specified
portion of the airspace of Main Street because:
1. Such portion is not necessary for use by the general public as a street;
2. The partial vacation of the Main Street airspace has been requested in order to
enhance pedestrian circulation within the new City Creek Center;
3. The enhanced pedestrian circulation accomplished through this partial vacation of
the Main Street airspace is in the best interest of the public;
4. This partial vacation of the Main Street airspace will not be adverse to the general
public's interest;
5. This partial vacation of the Main Street airspace is subject to the reservations,
disclaimers, limitations and other conditions as set forth below.
NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A portion of the airspace above Main Street, at approximately 50 South
Main Street, which is more particularly described on Exhibit A attached hereto, shall be, and the
same hereby is, vacated and declared to be no longer needed or available as a public street, but
only to the extent necessary to construct a skybridge across Main Street as set forth in Exhibit A
attached hereto.
SECTION 2. Reservations and disclaimers. The above partial vacation of the Main
Street airspace 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 partial vacation of the Main Street airspace is also subject to any existing rights of way or
easements of private third parties.
SECTION 3. Conveyance of property interest. The conveyance of the property interest
from the City for the vacated portion of the above-referenced Main Street airspace shall not
convey the City's fee simple absolute interest in the property, but rather shall retain a future
interest in the property for the City, whether it be by lease for a term of years, a deed with a right
2
•
of reverter, or some other equivalent mechanism. The Mayor will consult with the City Council
in negotiating the terms and conditions of the conveyance.
SECTION 4. Conditions. This ordinance and the resulting transfer are herby expressly
conditioned upon the following:
a. Payment to the City of fair market value of the vacated portion of the Main Street
airspace and title to that portion of the Main Street airspace shall remain with the City until
payment for fair market value, or the receipt of equivalent value, in accordance with Salt Lake
City Code Chapter 2.58; and
b. All existing public and private utility infrastructure must be maintained in a
manner acceptable to the City's Public Utilities Department; and
c. The approved plan for the skybridge shall use transparent glass in lieu of the
applicant's proposal, in order to minimize the visual impacts of the etched glass; and
d. The permit for the City Creek project, shall require that the amount of Main Street
retail, as represented in the applicant's most recent plan, be maximized to encourage the use of
the crosswalk at ground level; and that all four restaurant retail spaces adjacent to the skybridge
have one primary ingress on Main Street; and
e. The approved plan for the interior of the skybridge shall be designed to include
design elements and/or furniture to create a destination focal point.
SECTION 5. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake City Recorder. The City Recorder is
instructed not to publish or record this ordinance until the conditions identified above have been
3
met, as certified by the Salt Lake City Public Utilities Department, the Salt Lake City Property
Manager, and the Salt Lake City Planning Director.
SECTION 6. Sunset Provision. If the payment required as a condition above has not
been made within one year after adoption, or if the plans required as conditions above have not
been approved within on 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 8 day of
April , 2008.
\,„(„Le___ L9()
CH IRPERSON
A TEST:
CHIEF DEPUT CI CORDER CITY,UT��•
y
Transmitted to Mayor on 4-18-08 ;� :'°o', '�'' •
,,�
Mayor's Action: x Approved. Vetoed. ��RA
MAYJR
IEF DEPUTY ITY O R
4
(SEAL)
Bill No. 17 of 2008.
Published: 6-30-09
1-1B_ATTY-#3309-v 1-Ord_City_Creek_CenterMain_Street_ClosureSkybridge_Approval.DOC
5