027 of 1983 - Vacation of publicway located within the West Grand View Subdivision consiting of 16 foot alley MICROFILMEDED SALT LAKE CITY ORDINANCE
No. 27 of 1983
(Vacating a publicwa.y located within the
West Grand View Subdivision )
AN ORDINANCE VACATING A PUBLICWAY LOCATED WITHIN THE WEST
GRAND VIEW SUBDIVISION CONSISTING OF A 16 FOOT ALLEY WHICH RUNS
SOUTH FOR APPROXIMATELY 153 FEET FROM BLAINE AVENUE BETWFEN 10TH
AND 11TH EAST IN SALT .LAKE CITY, UTAH.
WHEREAS, the City Council of. Salt Lake City, Utah, finds
after a public hearing that the City's def.easible fee interest in
the alley described below which was formally dedicated within the
West Grand View Subdivision is no longer necessary for use as a
public alleywav and that the vacation of said alley described
below will not be adverse to the general public 's interest based
upon the conditions contained herein.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTON 1 . An alley located in the West Grand View
Subdivision running south from Blaine Avenue between 10th and
llth East for approximately 153 feet which is the subject of
Petition No. 400-28 of 1982 , more particularly described below,
be and the same hereby is vacated and declared no longer to be
needed or available for public use as a public alley:
Commencing at the southeast corner of Lot 48,
Block 2, West Grand View Subdivision, a
subdivision located in Block 1, Five Acre Plat A,
Big Field Survey; thence north 135 feet; thence
east 16 feet; thence south 153 feet to the
southwest corner of Lot 53 of said subdivision;
thence west 16 feet; thence north 18 feet to the
point of beginning .
RESERVATIONS. Said vacaton is expressly subject to all
existing rights of way and easements of all public utilities of
any and every description now located on, in, under or over the
above described property and also subject to the rights of entry
thereon for the purpose of obtaining , altering , replacing ,
removing, repairing or rerouting said utilities and all of them.
Said vacation is also subject to any existing rights of way
or easements of private third parties.
SECTION 2. CONDITIONS SUBSEQUENT. This Ordinance after
passage shall be published but shall not become effective until
the following conditions have been satisfied:
1. The petitioner shall dedicate an 18 foot wide alley
across the petitioner's property running north from Wilson Street
approximately 159 feet west of llth East for approximately 135
feet to a point where said alley intersects with an interior
east-west alley as more particularly described below:
Commencing at a point 1.5 feet east of the
northeast corner of Lot 4 , Block 2, West Grand �. y,� f
View Subdivision, a subdivision located in Block
1, Five Acre Plat A, Big Field Survey; thence east . ��
18 feet; thence south 135 feet; thence west 18
feet; thence north 135 feet to the point of
beginning.
2 . The Petitioner, Beesley Construction, and its successors
or assigns shall be responsible for paving said alley in
accordance with the specifications set forth by the City Engineer
-2-
and for maintaining said alley for as long as the property is
used for other than residential purposes.
SECTION 3. EFFECTIVE DATE. This Ordinance after the date
of its first publication shall not become effective until
recorded with the Recorder of Salt Lake County. However the
Recorder of Salt Lake City is instructed not to record this
Ordinance until the Mayor verifies that the conditions subsequent
have been satisfied or provided for by executed agreement. Upon
verification and satisfaction the Mayor may instruct the
Ordinance to be recorded. However if the foregoing conditions
are not completed within 12 months from the date of passage this
Ordinance shall be null , void and of no effect and no recording
thereafter shall be allowed.
Passed by the City Council of Salt Lake City this loth day
of May 1983.
CHAIRMAN
RMAN "
ATTEST:
R RDER
Transmitted to the Mayor on May 10, 1983
Mayor 's Action May 10, 1983
MAYOR -
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ATTEST:
C Y C R ER
cc59
( SEAL )
BILL 27 of 1983
Published: May 23, 1983
—4—
RECEIVED
RPC4RDfA
APR 19 1Y84
ROGER F. CUTLER1_, , i �.j v�p�C� TY�G s RP zATI. ly\E ASSISTANT ATTORNEYS
CITY ATTORNEY RAY.R�.�+weud aa.+..aL ��aa�va. .x.ew.a�.��.1 RAY L. MONTGOMERY
PHILIP K. PALMER LAW DEPARTMENT GREG R. HAWKINSPAUL G. MAUGHAN
CITY PROSECUTOR 100 CITY AND COUNTY BUILDING JUDY F. LEVER
WALTER R. MILLER SALT LAKE CITY, UTAH 84111 ARTHUR L -KEESLLER, JR.
DEPUTY CITY ATTORNEY (801) 535-7788 GUNN B. MGKAY
ASSISTANT PROSECUTORS
April 19 1984 CHERYL D. LUKE
p a JOHN N. SPIKES
DONALD L. GEORGE
' Mr. Joe Beesley, Jr.
Beesley Construction
338 East First South
Salt Lake City, UT 84111
Re: Salt Lake City Ordinance, Bill 27 of 1983
Dear Mr. Beesley:
As I earlier indicated to you in my letter of April 10,
1984, Ordinance No. 27 of 1983, vacating a portion of an
alley in the West Grandview Subdivision, was passed on
May 10, 1983 , with certain conditions. If these conditions
are not satisfied within one year from that date, the
ordinance will expire by its own terms.
I inquired if you were interested in proceeding with
the matters and asked you to contact me before April 18,
1984 . If I did not hear from you in that time I would assume
you were* no longer interested and I would instruct the City
Recorder to allow the ordinance to expire under its own terms.
I take it, in light of the absence of your contacting
me, that you are not interested in proceeding with the
matter. Consequently, I hereby instruct the City Recorder
to allow. the ordinance to expire by its own terms. By this
action, the ordinance will expire on May 10, 1984 .
If, after that time, you are interested in requesting
the City Council to again consider the passing of another
ordinance, you certainly are free to do so, but it will
require a separate petition, review hearing, etc. , and the
passage of another ordinance by the City Council . Inasmuch
�\\ N
Mr . Joe Beesley, Jr.
April 19, 1984
Page -2-
as it appears the public alley will remain a public thorough-
fare, please be advised . that you cannot obstruct that alley,
or take possession of it, without subjecting yourself to
enforcement action by the City.
Sincerely, .
/ UPY F LEVER
Assistant City Attorney
JFL:rc
cc : Sam McAllister
Kathy Marshallr./
Harry Ewing
Mark Hafey
Jerry Blair
City Council
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STATE OF UTAH c.
COUNTY OF SALT LAKE ss
I, . .►y..Rd(a. .Domi.no. . . . . . . . . . . . . . . . . . . .D.P .0 i
• • •� • • • • . . . p t.Y ,City Recorder of Salt Lake City, Utah,
do hereby certify that the attached. . . . .CA.py, •O.f. .0.rd1.n.a.nce. 27 .o.f. .1.98.3 -r.egardi.ng .the . . . . . .sftam
vacation. o•f a.n. a.l.l.ey. J.n. .the. Re.s.t .Qran.d Y.i.ew. .S.ub .v.i.si.o.n. .cansi.&ti.ng .of. .a .1.6-faat
wide alley which runs south for approximately 53 feet from Blaine Avenue between
.1Qth and. ,l l th, Ea•st.•. . . . . . . . . . . . . . . . . . . . . . . . . . .
was duly approved and accepted by City Council/Executive Action of It Lake City, Utah,this . . .lath. . . . . . . . . .
day of. . . . . MJaY . . . . . . . . . . . . . . . . . . . . . . .A.D. 1 s. R3
IN WITNESS WHEREOF, I have hereunto set my hand an affixed the corporate seal of Salt Lake City, Utah,
this. . .1.7th. . . . . . . . . .day of. . . . . . May. . . . . . . . . . . ,A.D. 1983. .
/D i*ty Re rder of Salt Lake City, Utah
SALT LAKE CITY ORDINANCE
No. 27 of 1983
( Vacating a publicway located within the
West Grand View Subdivision )
AN ORDINANCE VACATING A PUBLICWAY LOCATED WITHIN THE WEST
GRAND VIEW SUBDIVISION CONSISTING OF A 16 FOOT ALLEY WHICH RUNS
SOUTH FOR APPROXIMATELY 153 FEET FROM BLAINE AVENUE BETWEEN 10TH
AND 11TH EAST IN SALT LAKE CITY, UTAH.
WHEREAS, the City Council of Salt Lake City, Utah, finds
after a public hearing that the City 's def.easible fee interest in
the alley described below whic was formally dedicated within the
West Grand View Subdivision no longer necessary for use as a
public alleyway and that th vacation of said alley described
below will not be adverse o the general public 's interest based
upon the conditions cont ined herein.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah :
SECTON 1 . An a ley located in the West Grand View
Subdivision running south from Blaine Avenue between loth and
llth East for app oximately 153 feet which is the subject of
Petition No . 400 28 of 1982 , more particularly described below,
be and the same hereby is vacated and declared no longer to be
needed or ava ' lable for public use as a public alley:
Commenc' ng at the southeast corner of Lot 48 ,
Block , West Grand View Subdivision, a
subdiv lion located in Block 1 , Five Acre Plat A,
Big Field Survey; thence north 135 feet; thence
east 16 feet; thence south 153 feet to the
o ,
southwest corner of Lot 53 of said subdivision;
thence west 16 feet; thence north 18 feet ,to the
point of beginning . 6
RESERVATIONS. Said vacaton is expressly subject to all
existing rights of way and easements of all bublic utilities of
any and every description now located on, under or over the
rights above described property and also subject� the e g hts of entry
thereon for the purpose of obtaining , al ering , replacing ,
removing, repairing or rerouting said u ilities and all of them.
Said vacation is also subject to any existing rights of way
or easements of private third partie .
SECTION 2 . CONDITIONS SUBSEQU,8NT. This Ordinance after
passage shall be published but shell not become effective until
the following conditions have ben satisfied :
1. The petitioner shall dedicate an 18 foot wide alley
across the petitioner' s properl'tty running north from Wilson Street
approximately 159 feet westf llth East for approximately 135
r
r
feet to a point where said intersects with an interior
east-west alley as more particularly described below:
Commencing at a poi t 1 .5 feet east of the
northeast corner o Lot 4 , Block 2, West Grand � r
View Subdivision, /a subdivision located in Block
1, Five Acre PlaYouth
A, Big Field Survey; thence east
18 feet; thence 135 feet; thence west 18
feet; thence nor�h 135 feet to the point of
beginning .
d
2 . The Petitioner, Beesley Construction, and its successors
r
r
or assigns shall be responsible for paving said alley in
accordance with the specifications set forth by the City Engineer
-2-
and for maintaining said alley for as long as the property is
used for other than residential purposes.
SECTION 3 . EFFECTIVE DATE. This Ordinan e after the date
of its first publication shall not become eff ctive until
recorded with the Recorder of Salt Lake Coun y. However the
Recorder of Salt Lake City is instructed no to record this
Ordinance until the Mayor verifies that t e conditions subsequent
have been satisfied or provided for by e ecuted agreement. Upon
verification and satisfaction the Mayor may instruct the
Ordinance to be recorded. However if he foregoing conditions
are not completed within 12 months from the date of passage this
Ordinance shall be null , void and o no effect and no recording
thereafter shall be allowed .
Passed by the City Council Salt Lake City this loth day
of May , 1983.
kYL
CHAIRMAN
ATTEST:
R R D E R
Transmitted to the Ma or on May 10, 1983
Mayor 's Action May 0, 1983
TO r-OPM/
t�:+� --, _-- / '• ' - MAYOR -
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ATTEST:
C Y Itcy
ROE R
cc59
( S E A L )
,SILL 27 of 1983
Published: May 23, 1983
—4—
Affidavit of Publication
STATE OF UTAH,
Ss.
County of Salt Lake
Chcryl..Gierloff....................................................................
SALT-1 CITY�p DINANCE
N0.:2 a 1 W
IVacatitg a 0MIL�YaY 1—hill within He
1Nesf BTam V1. sulidl l
qN.ORDINANCE RZO G A P{1BLICWAY LOCATED Being first duly sworn,deposes and says that he is ego
WITHIN THE WEST GRAND VIEW SUBDIVISION CONSISTING y NEWS,
M AL FOOT ETFRWHICHRUNSSOUTHFORAPNOXI, adVertlsing Clerk of the DESERT `v�YYJ' a daily
MATELY 1 FEET FRROM gLAINE AVENUE BETWEEN LOTH
ANDIITH FAST IN SALT LAKE CITY,UTAH. (except Sunday) newspaper printed In the Engles
WHER A,Me CI Council of Sa r e Clty,Utah,finds
alterapwE��aamufLICEclYauatiaLa i��aalnterest1.ths tan ua e with general circulation in Utah, and
Iles deecrI below which was fortnallY eted within the g g
publicGaf-a` ndm'se'e€'YFB'Ya'4ia �le'a"a�a aaxrfeaa published in Salt Lake City, Salt Lake County, in the
below
tll neet be a aRrplrrleA Iffle,Wrelal lwmiCs interest based State of Utah.
upon
NOW,THEREFORE,be It ordained by fin ON Council of
Salt Lake City,Utah:
SECTION 1.An alley located In the Writ Grand vim Subdivi
loft unnim south from Blatie Avanue between 10m a d 11'
That the legal notice of which a copy is attached hereto
East to,approx1,me Y 153 feat which is the sbe�ow,of Petition
No.dOP26 M 1982,sera perflcularly described belay,be orb the
same rob,is vacated and laced ne longer to be needed or
aYail.nf o wbncuxaad d4cauw: pub, Ord. H27 - Vacating a public way locate
Commartcirg of tie t cornrr pp((1-9f/B.Block 2 ...............................
West Grand View S lU�v`s ,a III Me—IocafOd In .......................................................................
Block 1,Five Acre Plat A,Blg Field Surwn, Menca
norm 135 feo:menc0 Casf 16 feet;mtvlce sWth 153 feof to
me bwastrornarofwr53wsaidsubdlWalan;thence within the west Crand View.Subd3vision
was la feel'thence north le reef to the Point of begin- '............
..................... .........................
p is expressly,Ublett to all RESERVATIONS.$a1Q vdtafim
existing rights of way aZ1 Oasemenlb of all public ufili}1e6 a!env
and every d2dcrigqlon MW Ioc ero on,I",—o,over tin abwe ...............................................................................................................
for riRtl property and also subject to the rights of ennv thereon
for fie pfWtPme orq abfainl r removing,re-
pair itl Vm.
..ft Is at.' rtle utdTiles to anyex of MStllq rights of way M
easeRwnts of wivafe Mira partiaa. ...............................................................................................................
SECTION 2.CONDITIONS SUBSEQUENT.This OrdiMrce
t'alter passage shell he WOliafled dd shall not beCorre affective ..........................................
bllowbg mnd5 h Isesn safisl- across
.....................................................................
1. sar's s er ahxll temina an 1S loot caeca alloyy
the petitioner's property running rgrM fran Wilson Street aP
proximately 159 feet w0ef of I'm East for ebe—Immeaset,135 feel
to a polo where sale alley Intersect,with an Interior eaIt sear
alleys,morerrIIcusIrIN described below: was published In said newspaper on.........................................
Commencing of a Point 1.5 fast east of the northeast
corner o led I,Block 2,West Grand View SutdiWelon a
wbdWision IacahM in Black 1,Five Acre Plat A,61p Ma 23 1983
Field Survey;Hence east IS feet,fhe—south 135 loel; ""
thence west 18 feet thence norm 135 feet to the polo of "" "'.
beglnning
2.The Pernlonar,Beesley Construthon and Its successors or
designs Shan be reap9reible for Paving said alley n— canlce / . .... ../ f ....
with me specifications set form by the"IV Engineer and for
ntalare sate�nay rot as long as the Property is used for Legal.Advertising Cle k
other man resgantial Purposes.
SECTION I EFFECTIVE DATE.This Ordinance after the
I date of Its first wblicatien shall not become effective until re-
ce,ded with the Recorder of Sall Lake County.However the Reu
corder of Salt Le
CiN is instructed not m record this Ordinance
ssaatisfied oraa IhN for that
xe ttukyltap 9r ubeewfa�uUanpfa nheve been
non and&I fa ion the Maya may itstruc f e Ilydlnan[B Roche before me thes.................................Z.[ld..........................................day o
within 12'moriHs f�ornithehefdoafs or0aseag lelmis ormna fncte�.sl aiifbedB
null,void and of ne effect and,.recording thereafter:hall be A.D.19..$3...
allowed. ............•'
Passed bV the City Council of Salt Lake Clty this IIHh day of
May,1983. GRANT MASEY.
CHAIRMAN
ATTEST:
KATHRYN MARSH ALL.
CITY RECORDER
AY
Transmlttedlomo Mayor on Ma,10,1903 - .•. ...• •.....................................PUbIIC.......
Mayor's Action:May 10,1983 TED MOR Otary
MAYOR
ATTEST:
THR LL !+CI -
RECORDER
(S A RECORDER
(SEAL)BIL p•5�
PublistlafZhe:Mav 23,1983 t {
AA2__
My Commission Expires �"A
1986..........................
AnM-3SA