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020 of 1984 - Closing a Portion of Sumner Avenue (approximately 200 North) between Cornell (formerly Custer Street STATE OF UTAH � ss 4334315 COUNTY OF SALT LAKE 1, .Lynda Domino Chi of DePUttity Recorder of Salt Lake City, Utah, do hereby certify that the attached,i S a fUl l a true, and .correct .Copy of Ordinance 20 . , from . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984 closing a portion of Sumner Avenue together .with a 15' wide alley: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Said ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was duly approved and accepted by City Council/ftomidX9CAction of Salt Lake City, Utah,this 13th. . . . . . . . day of. . . .March . . . . . . . . . . . . . . . . . . . . . . . A.D. 19.84. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corpotge seal'of SiKkake'Pity, Utah, this.19th . . . . . . . . . . .day of. . . . .March . . . . . . . . . . . . . . . . . . . ... .. 16:. Chief Deputy City Re or a of Salt Lake City, Utah CTr 00 fv C,D F-► P 84-10 GALT LAKE CITY ORDINANCE No. 20 of 1984 (Closing a portion of Sumner Avenue ( approximately 200 North) between Cornell ( formerly Custer Street-1540 W. ) and Garside 1500 W.-1540 W. ( formerly Division Street) in Salt Lake City, Utah) AN ORDINANCE CLOSING A PORTION OF SUMNER AVENUE (APPROXI- MATELY 200 NORTH ) TOGETHER WITH A 15 ' WIDE ,ALLEY (APPROXIMATELY 175 NORTH) FROM 1500 WEST (GARSIDE STREET FORMERLY KNOWN AS "DIVISION" ) TO 1540 WEST (CORNELL STREET FORMERLY KNOWN AS "CUSTER" AND "ROCK" ) IN SALT LAKE CITY , UTAH. RECITALS: A . The City has received a request by Chen International , known as Petition No . 400-109 of 1983 requesting the vacation of a portion of Sumner Avenue ( a 66' street at approximately 200 North) together with a parallel 15 ' east-west alley at approximately 175 North as they run 1500-1540 West between Garside and Cornell Streets (each respectively formerly known on original plats as "Division" and "Custer/or "Rock" Streets) which bisect petitioner ' s properties in the vicinity of North Temple and 1500 West. B . The City finds, after public hearing , that the subject street and alley are not needed for use by the public for 000 IV vehicular thoroughfares, and that closure, rather than vacation of said public road and alley are the appropriate procedure in E.+. Cn this instance with the reservation of certain easements and G7 Oo conditions subsequent. The closure of said street and alley will APP Y JL ' TO FORM �Y `� not be adverse to the general public' s interest in thoroughfares, nor will it relinquish or terminate the City' s interest in the underlying property without separate documents of transfer. C. It is the City's intention upon closure of said street and alley to transfer to the petitioner under separate document the underlying property interests currently held by the City subject to certain terms and conditions , reservations and appropriate easements and conditions subsequent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . A certain portion of Sumner Avenue, ( 200 North) or Parcel 1, together with a portion of a 15 ' alley ( 175 North) or Parcel 2 as they each run from 1500 to 1540 West between Garside ( formerly known as "Division" ) and Cornell ( formerly known as "Custer" or "Rock" ) Streets in Salt Lake City, Salt Lake County, Utah are the subject of petition No. 400-109 of 1983 . This street and alley , each more particularly described below, be, and the same hereby are CLOSED and declared no longer to be needed or available for use as a public street or alley, and the title to the City's interest therein shall be reserved and retained by Salt Lake City Corporation : Cl� Parcel 1 - Closure of 275 ' of Sumner Avenue (200 N. ) from OO IV 1500-1540 West. 1 ` ` Beginning at the southeast corner of Block 4 , AGRICULTURAL PARK PLAT B SUBDIVISION, said corner 11�i,,tit also being the northwest corner of the inter- „, . section of Sumner Avenue and Garside ( formerly > -2- known as "Division" ) Street, and running thence west along the north line of Sumner Avenue 275 feet, more or less, to the southwest corner of said Block, being the northeast intersection of Cornell ( formerly known as "Custer" and "Rock" ) Street and Sumner Avenue; thence south 66 feet more or less, along the east line of Cornell to the southeast corner of said intersection, said point also being the northwest corner of Block 1 of said Subdivision; thence east 275 feet, more or less, to the west line of Garside Street, being the northeast corner of Block 1; thence north 66 feet, more or less, along the west line of Garside Street to the point of beginning. Contains 0. 416 acres, more or less. Parcel 2 - Closure of 275 feet of a 15 ' alley ( 175 North) from 1500-1540 West, in Block 1 , Agricultural Park Plat "B" Subdivision. Beginning at a point, being the northwest corner of Lot 19 , Block 1 , AGRICULTURAL PARK PLAT B SUBDIVISION , thence running north 15 feet ±, to the southwest corner of Lot 20, said Block, thence east 275 ' ±, along the north line of a 15 ' alley abutting Lots 20-30 of said Block, to the southeast corner of Lot 30; thence south 151 , ± to the northeast corner of Lot 31 ; thence west along the north lot line of Lots 19 and 31 of said Block 275' ± to the point of beginning. Said alley portion contains approximately 0 . 095 acres. RESERVATIONS. Said closures are expressly made: (1 ) SUBJECT TO all existing rights of ways and easements of all public utilities of any and every description allocated on, in, under or over the confines of the above described property, including the the No . 4 CWA drain; ( 2) SUBJECT TO the rights of CP 00 entry thereon for the purpose of maintaining , altering , repairing, removing , or rerouting said utilities including the F+ City' s water, sewer and storm drain facilities, and all of them; C� -3- and (3 ) SUBJECT to any existing rights of ways or easements or easements of private third parties. SECTION 2. This Ordinance, after passage shall be published but shall not become effective until the following conditions subsequent have been satisfied : 1. The petitioner shall pay the City fair market value of land within Parcels 1 and 2. 2. Any transfer shall reserve to the City a 30 foot wide easement for the continued existence and maintenance of the No. 4 CWA drain presently existing within Parcel 1. 3. The petitioner Ghall be responsible to prepare engineering details demonstrating how the open drain canal may be covered and pay all construction and related costs for covering the canal , including piping . All engineering and construction details and work must conform to City regulations and ordinances and said plans and necessary permits must be approved by the City Engineer prior to any construction. Any plans to utilize the surface over the canal easement to be retained by the City must provide perpetual and unrestricted access to and over said easement. 4 . The petitioner shall be responsible to design and to construct, according to City regulations and specifications, street improvements including curb and gutter, sidewalk, and 00 pavement for one-half of the road width, along the frontage of its property on Cornell and Garside Streets. Such improvements -4- must be constructed before the petitioner may take possession unless a corporate surety or cash performance bond for such improvements has been submitted and approved by the City Engineer and Attorney. SECTION 3 . This Ordinance, after the date of its first publication . shall not become effective until recorded with the Recorder of Salt Lake County; however the Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor verifies that the conditions subsequent have been satisfied or provided for by an executed agreement. Upon verification of satisfaction as shall be represented by the City Engineer and City Attorney, the Mayor may transfer the property to the petitioner and instruct the Recorder to record the Ordinance concurrently with the transfer documents. However, if the foregoing conditions are not completed within 12 months of the date of passage, this Ordinance shall be null , void, of no affect and no recording thereafter shall be allowed . Passed by the City Council of Salt Lake City, Utah, this 13th day of March 1984 . i CHAIRMAN i ATTEST: Oro CITY RE RDER -5- IV Transmitted to the Mayor on March 13, 1984 Mayor ' s action: March 13, 1984 ATTEST CITY RE ,OADER cc85 (SEAL) BILL 20 of 1984 Published: March 24, 1984 Ma C 1-o �- �� .J 1 �Y 4 L� C_> �M w^ lrv^ W v V� T� �I I —6— 4334319 ROGER F. CUTLER ITS -. fT CITYORPORATI.Oi ASSISTANT ATTORNEYS CITY ATTORNEY - 3 --- RAY L. MONTG,OMERY CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS CITY PROSECUTOR 100 CITY AND COUNTY BUILDING JUDY F. LEVER LARRY V, SPENDLOVE SALT LARGE CITY, UTAH 84111 S.TEVEN W. ALLRED (801) 535-7788 BRUCE R. BAIRD FRANK M. NAKAMURA ASSISTANT PROSECUTORS October 14, 19,86 JOHN N. SPIKES DONALD L. GEORGE ARTHUR L. KEESLER, JR. CECELIA M. ESPENOZA Kathryn Marshall A 'ra .ai- ti . City Recorder 300 City & County Building }, # za <. Salt Lake City, Utah 84111 '� �''' 1 Re : Ordinance No . 20 of 1984; 68 of 1985; and 18 of 1986 - Closure and Sale of Portions of Sumner Avenue Dear Kathryn : This letter will explain the events occurring subse- quent to Ordinance No. 20 of 1984 and express this office' s opinion that the ordinance may now be recorded . Pursuant to Petition No . 400-109-83, the Council enacted Ordinance No . 20 of 1984, which, inter alia, closed a portion of Sumner Avenue and provided for sale of the property to the petitioner, Chen International . The ordinance required petitioner to construct curbs , gutters, sidewalks and pay for paving the area . It also required engineering and construction work for covering a canal , including piping . The ordinance had a 12-month condition on completion of the improvements . The conditions were not met in time and the ordinance was extended by Ordinance No. 68 of 1985 and then again by v Ordinance No . 18 of 1986. 00 This office chose to construe the requirements in Section 2 (4 ) of an alternative performance by posting a corporate surety or cash bond for the improvements to also apply to the canal improvements in Section 2 (3 ) . Petitioner P-+ OD Kathryn Marshall October 14, 1986 Page -2- did timely post a cashier' s check with this office, along with a sufficient performance bond. The work required pursuant to Ordinance No . 20 of 1984 has now been completed and approved by the City Engineer . It is therefore my opinion that the ordinance condi- tions having been met, as extended, that you can now record Ordinance No . 20 of 1984. Upon your recordation , we will forward a quitclaim deed to the Mayor for his signature . If you have any questions, please call . Sincerelyl, R. AIRD Assistant City Attorney BRB :cml47 cc: Linda Cordova wt LC C'n -- - eao P 84-10 gALT LAKE CITY ORDINANCE No. 0 of 1984 (Closing a portion of Sumner Avenue (approximately 200 North) between Cornell ( formerly Custer Street-1540 W. ) and Garside 1500 W.-1540 W. ( formerly Division Street) in Salt Lake City, Utah) AN ORDINANCE CLOSING A PORTION OF SUMNER AVENUE (APPROXI- MATELY 200 NORTH) TOGETHER WITH A 15 ' WIDE ALLEY (APPROXIMATELY 175 NORTH) FROM 1500 WEST (GARSIDE STREET FORMERLY KNOWN AS "DIVISION" ) TO 1540 WEST (CORNELL STREET FORMERLY KNOWN AS "CUSTER" AND "ROCK" ) IN SALT LAKE CITY , UTAH. RECITALS : A . The City has received a request by Chen International , known as Petition No . 400-109 of 1983 requesting the vacation of a portion of Sumner Avenue (a 66 ' street at approximately 200 North) together with a parallel 15 ' east-west alley at approximately 175 North as they run 1500-1540 West between Garside and Cornell Streets (each respectively formerly known on original plats as "Division" and "Custer/or "Rock" Streets) which bisect petitioner ' s properties in the vicinity of North Temple and 1500 West. B . The City finds, after public hearing , that the subject street and alley are not needed for use by the public for vehicular thoroughfares, and that closure, rather than vacation of said public road and alley are the appropriate procedure in this instance with the reservation of certain easements and conditions subsequent. The closure of said street and alley will APF V ° TO FORM �Y not be adverse to the general public's interest in thoroughfares, nor will it relinquish or terminate the City's interest in the underlying property without separate documents of transfer. C. It is the City's intention upon closure of said street and alley to transfer to the petitioner under separate document the underlying property interests currently held by the City subject to certain terms and conditions, reservations and appropriate easements and conditions subsequent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . A certain portion of Sumner Avenue, ( 200 North) or Parcel 1, together with a portion of a 15 ' alley ( 175 North) or Parcel 2 as they each run from 1500 to 1540 West between Garside ( formerly known as "Division" ) and Cornell ( formerly known as "Custer" or "Rock" ) Streets in Salt Lake City, Salt Lake County, Utah are the subject of petition No. 400-109 of 1983 . This street and alley , each more particularly described below, be, and the same hereby are CLOSED and declared no longer to be needed or available for use as a public street or alley, and the title to the City's interest therein shall be reserved and retained by Salt Lake City Corporation : Parcel 1 - Closure of 275 ' of Sumner Avenue ( 200 N. ) from 1500-1540 West. Beginning at the southeast corner of Block 4 , G AGRICULTURAL PARK PLAT B SUBDIVISION, said corner IG1 also being the northwest corner of the inter- section. of Sumner Avenue and Garside ( formerly -2- known as "Division" ) Street, and running thence west along the north line of Sumner Avenue 275 feet, more or less, to the southwest corner of said Block, being the northeast intersection of Cornell ( formerly known as "Custer." and "Rock" ) Street and Sumner Avenue; thence south 66 feet more or less, along the east line of Cornell to the southeast corner of said intersection, said point also being the northwest corner of Block 1 of said Subdivision; thence east 275 feet, more or less, to the west line of Garside Street, being the northeast corner of Block 1; thence north 66 feet, more or less, along the west line of Garside Street to the point of beginning. Contains 0 . 416 acres, more or less. Parcel 2 - Closure of 275 feet of a 15 ' alley ( 175 North) from 1500-1540 West, in Block 1 , Agricultural Park Plat "B" Subdivision. Beginning at a point, being the northwest corner of Lot 19 , Block 1 , AGRICULTURAL PARK PLAT B SUBDIVISION , thence running north 15 feet ±, to the southwest corner of Lot 20, said Block, thence '. east 275 ' ±, along the north line of a 15 ' alley abutting Lots 20-30 of said Block, to the southeast corner of Lot 30; thence south 15 ' , ± to the northeast corner of Lot 31 ; thence west along the north lot line of Lots 19 and 31 of said Block 275 ' ± to the point of beginning. Said alley portion contains approximately 0 .095 acres. RESERVATIONS. Said closures are expressly made: (1 ) SUBJECT TO all existing rights of ways and easements of all public utilities of any and every description allocated on , in, under or over the confines of the above described property, including the the No . 4 CWA drain; ( 2) SUBJECT TO the rights of entry thereon for the purpose of maintaining , altering, repairing, removing , or rerouting said utilities including the City' s water, sewer and storm drain facilities, and all of them; -3- and (3 ) SUBJECT to any existing rights of ways or easements or easements of private third parties. SECTION 2. This Ordinance, after passage shall be published but shall not become effective until the following conditions subsequent have been satisfied : 1 . The petitioner shall pay the City fair market value of land within Parcels 1 and 2. 2 . Any transfer shall reserve to the City a 30 foot wide easement for the continued existence and maintenance of the No. 4 CWA drain presently existing within Parcel 1. 3. The petitioner Ghall be responsible to prepare engineering details demonstrating how the open drain canal may be covered and pay all construction and related costs for covering the canal , including piping . All engineering and construction details and work must conform to City regulations and ordinances and said plans and necessary permits must be approved by the City Engineer prior to any construction. Any plans to utilize the surface over the canal easement to be retained by the City must provide perpetual and unrestricted access to and over said easement. 4 . The petitioner shall be responsible to design and to construct, according to City regulations and specifications, street improvements including curb and gutter, sidewalk, and pavement for one-half of the road width, along the frontage of its property on Cornell and Garside Streets. Such improvements -4- must be constructed before the petitioner may take possession unless a corporate surety or cash performance bond for such improvements has been submitted and approved by the City Engineer and Attorney. SECTION 3 . This Ordinance, after the date of its first publication . shall not become effective until recorded with the Recorder of Salt .Lake County; however the Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor verifies that the conditions subsequent have been satisfied or provided for by an executed agreement. Upon verification of satisfaction as shall be represented by the City Engineer and City Attorney, the Mayor may transfer the property to the petitioner and instruct the Recorder to record the Ordinance concurrently with the transfer documents. However, if the foregoing conditions are not completed within 12 months of the date of passage , this Ordinance shall be null , void, of no affect and no recording thereafter shall be allowed . Passed by the City Council of Salt Lake City, Utah, this 13th day of March , 1984 . j CHAIRMAN ATTEST: CI TY I" krtA -5- Transmitted to the Mayor on March 13, 1984 Mayor's action: March 13, 1984 ATTEST CI RE CADER cc85 (SEAL) BILL 20 of 1984 Published: March 24, 1984 —6— Affidavit of Publication ADM 35A STATE OF UTAH, SS. County of Salt Lake SALT LAKE CITY ORDINANCE Cheryl;••G i e r l o£f No.20 of 1984 ............... ...................................................... {Closing q portion of Sumner Avenue(appFoximately 200 NNorth)bafweon Cornell formerlyy Custer Street•T540 W.1 and Garside 1500 W.-1540 W.(fortnely Division Street)in Salt lake City,Utah) AN ORDINANCE CLOSING A PORTION OF SUMNER AVL- NUF_(APPROXIMATELY 700 NORTH)TOGETHER WITH A 15' WIDE A"-.�Y (APPROXIMATELY 175 NORTH)FROI}h 1500 WFST (G. SIDE STREET FORMERLY KNOWN AS "DIVI• Being first duly sworn, deposes and says that he/she is KNOW_ "CU 'T D R"ROELLCK") sN SAT LAKEFORM Rt.Y legal advertising clerk of the DESERET NEWS, a daily KNOWN,g AS'"CUST AND''ROCK")IN SALT LAKE CITY, UTAM. RECITALS: newspaper printed in the English language with general A.The•Cltyhas'Yeceived a request by Chen International P g knownaspetitlonNo.400-109of1983requestingthe vacation 0f circulation in Utah a portion of Sumner Avenue(a 66'street co approximately 200 > and published in Salt Lake City, North)together with a parallel 15'east-west alley at approxr- Salt Lake County, in the State Of Utah. mately 17 North as they run 1500.1540 West between Garside and Corne�f Streets(each respectively formerly known on origi- nal plats,os"Division"and"Custer/or Rock"Street;)which petitioner,'S properties FritheviclniTyof North Templeand 1500 West: That the legal notice of which a copy is attached hereto 1500 B.The City finds,offer public (tearing,that the subject street and alley aretrot ncbded for use by the public for vehicu- farRtOroughfarfs,andthat closure,rather than vacation of said public road and alley are the appropf"iOte procedure in ml�.s ............SpyI, ..T4.4}�.Q...C,j,,}r,Y...Q.:F )4 AA1l QQ.A9.e...2p..C.f_1..9.84 instance with the r64ervatlon of certain easements and condi- tfonssubstcluent.The.closure of said street and alley will not be adverse to the'gen6ral'public's interest in thoroughfares,nor will it rgIi(tqulsh or'tei:rpIndte the City's Interest In the underiv. •pQ x . .Q Q $ .e+ ..A V P.3a.0 Ems....... Ing property without seoaPate documents°of transfer,, •.••••..••••• S C.If is the City,s intention upon closure of said street and alley to transfer to the.petitioner under Separate document the unoeriyat Properly Interests currently held by the City subject t9certdll?'erMs arld conditions,reservations and appropriaie ............................................................................................. easements and conditions subsequent. NOW-rHERFPOR�7,be It ordained by the City Council of Salt Lake';C1ty,Utah: SECTION 1.A certain portion of Sumner Avenue(200 North n ar Par 4l;. �'�Cher with a ptortion of o 15'alley(1y5 Norther. ............................................................................•................ -n •r+•nti��r� . rrrrr.rutisre�rrr SION,thence running north 15 feet to il1e southwesl corner of Lot'10,said Block,thence east 11;J' •,alone I , the north line of a 15'alley ubulting L uts 2U-30 of .aid ............................................................................................. Block,to the southeast corner of Lot 30;thence south 15ng t ', to the nor theast corner of I.ot 31;thence west BB alohe north lot line of 1..ois 19 and 31 of said Block 275'a to the Paint of beglnning.Sold alley portion can- was published in said newspaper on. y approxely 0.0Q5 act es, ••............................... tolns d RESERVATIONS.imat Said cIasur es are exPressh•made: (1)SUBJECT TO all existing rights of ways and easements 3 of all public utilltles of any and every description allocated Op, March. 4. 198�4..*Leg In under,or over the confines at the above described property ............ �••• .... Atissin*gI ..... •• In, the No.4 CWA drain;(2)SUBJECT TO the rights of entry thereon for the purpose of mainta'ning,altering,repolf- Ing remavinq,or rerouting said utilities including the City's wafer,sewer and storm drain facl(Itles,and all of them;and(3) ...................••........•.•............ .. SUBJECT to any existing rights of way`'or easements or ease, merits of private third parties. SECTION 2.This Ordinance,after Passage sholl be pub• Iished but shelf not become effective until the following condl- tfons subsequent have been satisfied: 1.The petitioner Shall pay the City fair market value of land within Parcels 1 and 2. 2. Any transfer shall reserve to the City a 30 fool wide ec3ement for the continued existence and maintenance of Mie No.4 CWA drain presently eXlsting within Parcel 1. 3.The petitioner shall be responsible to prepare engineer. ing details demonstrating hnw the open drain canal may be covered and pay all construc,lon and related costs for covering the canal, Including piping.All engineering and constructlon details and work must conform to City regulations and ordi• nances and said plans and necessary pernrlts must be up• proved by the City Engincer prior,to any consfructlon. Any Fore me this . bth• day of Plans to utilize the surface over the canal easement to be r,- ............•"......•' ••••••........................••••• talned by the City must provide perpefual and unresh Icted ac. cess to and over said easen'rent.4.The petitioner Shull be responslble to design rind to corl� A.D. 1((��.7.$.�.sfi,uct,according to City regulations and specillcafiuns,street .•• .... improvements Including curb and flutter,sidewalk,and pave• ntent for one-half of the I uad width,along the th ontage of its Property on Cornell and Gurslde Streets.;uch InUnrovements must be constr ucted before the petitioner nnov take possession unless a corporate surety or Cush performance Uond for such improvements has been submitted and approved by the.City �, 2 ,. y �.L�.L�-.t-.� •••• Engrneer and Atrorney, !' ....•... f:a".'.......' .......... SECTION 3.The Or dfnance after tile date of its first publ" - Notary Public corder shall not become effective until recorded with file Ro- corder of Salt Lake County;however the SOIL lake City Record er is instructed not to record tills Ordinance until the Mayol� verifies that the conditions subsequent have been satisfied-0r' provided for by an executed agreement,Upon verification of satisfa Ion as shall be represented by the City Engineer and City Attorney,the Mayor may transfer the property to the petk tionerand Instruct the Recorder to record the Ordinance can. currently with the transfer documents.However,if the forego, Ing conditions are not completed within 12 months of the doteof ' passage,this Ordinance shall be null void,of no affect and,no recording thereafter shall be allowed,• r •�; Passed by the City Council of Salt Lake City,Utah,this 13th ......... day of March,1984. Ronald J.Whitehead CHAIRMAN ATTEST: Kathryn Marshall ' CITY RECORDER Transmitted to the Mayor on March 13,1984 Mayor's action:March 13,1984 Ted'Wilson MAYOR, ATTEST: ... Kathryn Marshall _ CITY RECORDER (SEAT_) BILL 20 of 1984, Published:March'24,1984 D•19