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026 of 1991 - 26 Closing a portion of Social Hall Avenue adjoining State Street and authorizing the transfer of clO 91-1 P 91-66 SALT LAKE CITY ORDINANCE No. 26 of 1991 (Closing a portion of Social Hall Avenue adjoining State Street and authorizing the transfer of closed street and other property interests pursuant of Petition No. 400-896-91) AN ORDINANCE CLOSING A PORTION OF SOCIAL HALL AVENUE ADJOINING STATE STREET AND AUTHORIZING THE TRANSFER OF THE CLOSED STREET AND OTHER PROPERTY INTERESTS, PURSUANT TO PETITION NO. 400-896-91. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City's interest in the public street described below is not necessary for use by the public as a street and that closure of said street will not be adverse to the general public's interest nor divest the City of title to the property without subsequent documents of transfer; and WHEREAS, the City Council of Salt Lake City, Utah, has considered the transfer of the closed portions of Social Hall Avenue and the sub -surface rights of other portions of adjoining property and approves the transfer of such property on such terms as may be determined by the Mayor so long as the transfer provides the City with value equal to that of the property. NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That a portion of Social Hall Avenue adjoining State Street which is the subject of Petition No. 400-896-91 and which is more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be needed or available for use as a public street, with the title remaining with the City until subsequent sale for market values, subject to the City retaining a pedestrian easement across the closed portion acceptable to the Department of Community and Economic Development. Said street is more particularly described as "Titles" 2 and 3 on Exhibit "A" a copy of which is attached hereto and incorporated herein by reference. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above closure 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 the 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, and all of them. Said closure is also SUBJECT TO any existing rights -of -way or easements of private third parties. SECTION 3. The City Council hereby agrees that the sub- surface rights to parcels listed as "Titles" 1 and 4 on Exhibit "A" may be sold, leased or otherwise transferred subject to such terms as may be deemed appropriate by the Mayor, so long as an equivalent value is received by the City, without further notice 2 to the Council in full satisfaction of the provisions of Section 2.58.040 of the Salt Lake City Code. SECTION 4. CONDITIONS. This ordinance shall not become effective until the Mayor certifies that a final site plan has been approved by the City which includes the construction of a turn around at the west end of Social Hall Avenue, the granting of an easement by the petitioners to the City for the construction and use of such turn around, and a design such that the property not be used for a bus shelter and the monument and landscaping be located at the west end of the closed portion. SECTION 5. EFFECTIVE DATE. This ordinance shall not become effective until recorded with the City Recorder. The Recorder is instructed not to record the ordinance until the Mayor certifies that the conditions in Section 4 above have been met. In the event that such conditions have not been met within one year of the date of this ordinance the Mayor may extend the time for performance of the conditions for an additional year. If the conditions have not been met within the time permitted by this ordinance the City Recorder is instructed not to record or publish this ordinance which shall be null and void. Passed by the City Council of Salt Lake City, Utah, this 9th day of April , 1991. 3 CHAIRPERSON Transmitted to the Mayor on April 2.3, 7997 • Mayor's action: x Approved Vetoed. ATTEST: (SEAL) BILL NO. Published: BRB:ap 4/22/91 26 OF 19 91 4 4iLAA) )4 4 et.41‘;.- MAYOR