029 of 1982 - Closure of Learned and Deseret Avenues between 300 and 400 West Streets STATE OF UTAH
COUNTY OF SALT LAKE ss VL1r7JJld�
Lynda Domino Deputy Recorder of Salt Lake City,Utah,
......................
do hereby certify that the attached.cO.py..of..N.rdi Hance. No...29, of 1982,, regardi n.g,,.,,,, xomx
the..djos.ure.of..Lea.rne.d.anal.D.e.seret Avenues, between.30N.And 4N West
................................................................................
was duly approved and accepted by City CouncilAE)k1 NAKSaAction of Salt Lake City,Utab,this..ZOth,,,,.,,..
day of..Apr.i.1.........................A.D.19..�2 .
U,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed'thp._corporate seal I SaIT.Lake City,Utah,
this....1.4.th.........day of..May.................... : A.b..,19.az
Deputy City ecordei of Salt Lake City,Utah
SALT LAKE CITY ORDINANCE
No. 29 of 1982
(Closure of Learned and Deseret Avenues
between 300 and 400 West Streets)
AN ORDINANCE CLOSING LEARNED AVENUE, BLOCK 84, AND DESERET
AVENUE IN BLOCK 79 OF PLAT "A" OF SALT LAKE CITY SURVEY BETWEEN
300 AND 400 WEST STREETS.
WHEREAS, there are currently plotted as part of the public
streets of Salt Lake City two streets, more particularly
described as Learned Avenue, (#50 North) , and Deseret Avenue,
(#40 - #50 South), between 300 and 400 West Streets; and
WHEREAS, the closure of said streets has been proposed by
the abutting landowners, who desire to amass their land and
develop it as part of a large mixed-use project known as the
Triad Center, hereinafter "Project", in conjunction with the
State's restoration of the Devereaux Mansion; and
WHEREAS, it is the City's intention to encourage the
development of the Project in conformity with the conceptual
master plan which has been presented to it; and
WHEREAS, the City finds that if the proposed Project is
developed, that said streets would no longer be needed for use of
the public as vehicular thoroughfares; and in light of the
proposed Project that the closures of said roads would not be
adverse to the general public's interest, nor would the closure
have any effect independently to relinquish or terminate the
City's interest in the underlying property; and
WHEREAS, it is the City's intention upon closure of said
streets to retain the City's interest in said land until. it is
appropriately transferred to the owners and developers of the
Project• under separate document, upon appropriate terms
(including payment of the fair market value) for uses associated
with implementing the conceptual master plan for trio Project and
applicable City master plans to encourage revit,ilizat.i,,n and
development of that portion of the community.
Cl)
pia
Therefore, be it ordained by the City Cc�uncilwof Salt Lake
City, Utah:
SECTION 1. Closur. ' of Learned Avenue. That the portion of
Learned Avenue, as it lies at approximately 450 South between 300
and 400 West Streets, more particularly described below, be, and
the same hereby is, CLOSED and declared no longer to be available
for use as a street, avenue, alley or pedestrian way.
Beginning at the northeast corner of Lot 1, Block 84,
Plat "A", Salt Lake City Survey, said corner being 330
feet North, along the West line of 300 West Street,
from the northwest corner of the intersection of South
Temple and 300 West Streets; thence West along the
North line of Lots 1, 2, 3 and 4, said Block 660.0
feet to the East line of 400 West Street; thence North
along the East line of 400 West Street 33.0 feet to
the North line of Learned Avenue; thence East along
said North line 660.0 feet to the West line of 300
West Street; thence South 33.0 feet along the West
line of 300 West Street to the point of beginning.
Contains 0.50 acres.
SECTION 2. Closure of Deseret Avenue. That the portion of
Deseret Avenue, located at approximately #40- #50 North between
300 and 400 West Streets, more particularly described below, be,
and the same hereby is, CLOSED and declared no longer to be
available for use as a street, avenue, alley or pedestrian way.
r
Beginning at the southeast corner of Lot 7, Block 79,
Plat "A", Salt Lake City Survey, said corner being 330
feet South along the West line of 300 West Street,
from the southwest corner of the intersection of South
Temple and 300 West Streets; thence West along the
South line of Lots 4 and 7, said Block, 660 feet to
the East line of 400 West Street; thence South along
the East line of 400 West Street 30.0± feet to the
i southwest corner of the intersection of Deseret Avenue
and 400 West Street; thence East along the South line
j of Deseret Avenue 660 feet to the west line of 300
West Street; thence North along the West line of 300
3 West Street, 30.0 feet to the point of beginning.
i
Contains 0.4545 acres.
SECTION 3. Reservations. The closures of the streets
4
a w
j described in Sections 1 and 2 are made expressly SUBJECT TO the
Ch
� following reservations: W.�
1. Said closures are expressly made SUBJECT TO all existing
i
rights of ways and easements of, all public utilities of
W
any and every description now located on, in, under Or Q"
over the confines of the above-described property, if
any; (ind also SUBJECP TO the rights of entry thereon .for
-2-
the purposes of maintainiwj, altering, repairing,
replacing, removing, or rerouting said utilities and all
of them.
2. Said closure is also expressly SUBJh;CT TO any existing
rights of ways or easements of private third parties.
3. Said closures expressly RESERVE, the public's interests
in said streets and underlying property. Said legisla-
tive act of closing said streets is not intended to be
an abandonment of the public's interest in said roads or
streets, but is merely a closure of the area for use as
public thoroughfares. Said Property shall be retained
as public property that may be available for acquisition
at its fair market value subject to conditions
subsequent set forth below by transfer under independent
document.
SECTION 4. Consideration-Conditions Subsequent. Certain
conditions and representations have provided the consideration
for this legislative act fostering the Project. Any documenta-
tion transferring the public's interest in the land described in
Sections 1 and 2 above must reflect the following conditions:
1. That said Project's developers and any other abutting
property owner(s) bear all expense of abandoning and/or
relocating any existing utilities or drainage facilities
presently located upon the property. Developers of the
Project will be responsible to prepare and submit neces-
sary plans and fees to obtain approval and appropriate
permits associated with the work.
2. That attached to the documentation shall be drawings
reflecting the conceptual master plan viewed by this
Council of the Project on Blocks 79, 84 and 85 of Plat
Ctr
"A", Salt Lake City Survey to guide the City in ensuring co
that sub:equent construction and development activitie
I�
substar:tiall.y conform to the der;ign, use, pedestrian, pi
Open space and other concepts reflected in said master
O�
-3--
nl Win, To ensnrn tha impinmonfatinn of said ma;tr•r plan.
developer or future owners or builders will suhmit all
construction plans to the Planning Department for review
and evaluation for conformity to the conceptual. master
plan in addition to any applicable ordinances, prior to
application for building permits. The plans will be
reviewed for conformity within fourteen (14) days and if
the proposed construction plans are found not to be in
keeping with ordinances and said master plan, the City
shall notify the applicant and may request modifications
to bring the plans into conformity. Developer shall
agree that Planning Department shall withhold zoning
approval and the City shall not issue permits to plans
I
unless they substantially conform to the master plan and
f
comply with applicable ordinances. Any disputes over
the Planning Department's judgment of the issue of
conformity shall be appealable to and decided by the
Mayor after providing an administrative hearing after
five days written notice to the interested parties.
3. That subsequent documentation transferring title of the
Property described above shall require economic consi-
deration equivalent to the fair market value of the
City's underlying property.
SECTION 5. Effective Date. This ordinance shall be effec-
tive as provided in its terms as of the date of its first publi-
cation.
Passed by the City Council of Salt Lake City, Utah,
this 20th day of April_ , 1982.
0
C 117I RM AN
2V
ATTEST.
rda,
)
7
-4-
to Mayor_ on /�o lil 1
Mayor's Action:
MAYOR
ATTEST:
c RECO R
r3
(S E A L)
BILL 29 of 1982
Published:
CA)
—5—
P 82-28
EMJl �'91..�,4ED
f7
SALT LAKE CITY ORDINANCE
No. 11
of 1982
(Closure of Learned and Deseret Avenues
between 300 and 400 West Streets)
AN ORDINANCE CLOSING LEARNED AVENUE, BLOCK 84, AND DESERET
AVENUE IN BLOCK 79 OF PLAT "A" OF SALT LAKE CITY SURVEY BETWEEN
300 AND 400 WEST STREETS.
WHEREAS, there are currently plotted as part of the public
streets of Salt Lake City two streets, more particularly
described as Learned Avenue, (#50 North), and Deseret Avenue,
(#40 - #50 South), between 300 and 400 West Streets; and
WHEREAS, the closure of said streets has been proposed by
the abutting landowners, who desire to amass their land and
develop it as part of a large mixed-use project known as the
Triad Center, hereinafter "Project", in conjunction with the
State's restoration of the Devereaux Mansion; and
WHEREAS, it is the City's intention to encourage the
development of the Project in conformity with the conceptual
master plan which has been presented to it; and
WHEREAS, the City finds that if the proposed Project is
developed, that said streets would no longer be needed for use of
the public as vehicular thoroughfares; and in light of the
proposed Project that the closures of said roads would not be
adverse to the general public's interest, nor would the closure
have any effect independently to relinquish or terminate the
City's interest in the underlying property; and
WHEREAS, it is the City's intention upon closure of said
streets to retain the City's interest in said land until it is
appropriately transferred to the owners and developers of the
Project under separate document, upon appropriate terms
(including payment of the fair market value) for uses associated
with implementing the conceptual master plan for the Project and
applicable City master plans to encourage revitalization and
development of that portion of the community.
Therefore, be it ordained by the City Council of Salt Lake
City, Utah:
SECTION 1. Closure of Learned Avenue. That the portion of
Learned Avenue, as it lies at approximately #50 South between 300
and 400 West Streets, more particularly described below, be, and
the same hereby is, CLOSED and declared no longer to be available
for use as a street, avenue, alley or pedestrian way.
Beginning at the northeast corner of Lot 1, Block 84,
Plat "A", Salt Lake City Survey, said corner being 330
feet North, along the West line of 300 West Street,
from the northwest corner of the intersection of South
Temple and 300 West Streets; thence West along the
North line of Lots 1, 2, 3 and 4, said Block 660.0
feet to the East line of 400 West Street, thence North
along the East line of 400 West Street 33.0 feet to
the North line of Learned Avenue; thence East along
said North line 660.0 feet to the West line of 300
West Street; thence South 33.0 feet along the West
line of 300 West Street to the point of beginning.
Contains 0.50 acres.
SECTION 2. Closure of Deseret Avenue. That the portion of
Deseret Avenue, located at approximately #40- #50 North between
300 and 400 West Streets, more particularly described below, be,
and the same hereby is, CLOSED and declared no longer to be
available for use as a street, avenue, alley or pedestrian way.
Beginning at the southeast corner of Lot 7, Block 79,
Plat "A", Salt Lake City Survey, said corner being 330
feet South along the West line of 300 West Street,
from the southwest corner of the intersection of South
Temple and 300 West Streets; thence West along the
South line of Lots 4 and 7, said Block, 660 feet to
the East line of 400 West Street; thence South along
the East line of 400 West Street 30.0± feet to the
southwest corner of the intersection of Deseret Avenue
and 400 West Street; thence East along the South line
of Deseret Avenue 660 feet to the West line of 300
West Street; thence North along the West line of 300
West Street, 30.0 feet to the point of beginning.
Contains 0.4545 acres.
SECTION 3. Reservations. The closures of the streets
described in Sections 1 and 2 are made expressly SUBJECT TO the
following reservations:
1. Said closures are expressly made SUBJECT TO all existing
rights of ways and easements of all public utilities of
any and every description now located on, in, under or
over the confines of the above-described property, if
any; and also SUBJECT TO the rights of entry thereon for
-2-
the purposes of maintaining, altering, repairing,
replacing, removing, or rerouting said utilities and all
of them.
2. Said closure is also expressly SUBJECT TO any existing
rights of ways or easements of private third parties.
3. Said closures expressly RESERVE the public's interests
in said streets and underlying property. Said legisla-
tive act of closing said streets is not intended to be
an abandonment of the public's interest in said roads or
streets, but is merely a closure of the area for use as
public thoroughfares. Said Property shall be retained
as public property that may be available for acquisition
at its fair market value subject to conditions
subsequent set forth below by transfer under independent
document.
SECTION 4. Consideration-Conditions Subsequent. Certain
conditions and representations have provided the consideration
for this legislative act fostering the Project. Any documenta-
tion transferring the public's interest in the land described in
Sections 1 and 2 above must reflect the following conditions:
1. That said Project's developers and any other abutting
property owner(s) bear all expense of abandoning and/or
relocating any existing utilities or drainage facilities
presently located upon the property. Developers of the
Project will be responsible to prepare and submit neces-
sary plans and fees to obtain approval and appropriate
permits associated with the work.
2. That attached to the documentation shall be drawings
reflecting the conceptual master plan viewed by this
Council of the Project on Blocks 79, 84 and 85 of Plat
"A", Salt Lake City Survey to guide the City in ensuring
that subsequent construction and development activities
substantially conform to the design, use, pedestrian,
open space and other concepts reflected in said master
-3-
plan. To ensure the implementation of said master plan,
developer or future owners or builders will submit all
construction plans to the Planning Department for review
and evaluation for conformity to the conceptual master
plan in addition to any applicable ordinances, prior to
application for building permits. The plans will be
reviewed for conformity within fourteen (14) days and if
the proposed construction plans are found not to be in
keeping with ordinances and said master plan, the City
shall notify the applicant and may request modifications
to bring the plans into conformity. Developer shall
agree that Planning Department shall withhold zoning
approval and the City shall not issue permits to plans
unless they substantially conform to the master plan and
comply with applicable ordinances. Any disputes over
the Planning Department's judgment of the issue of
conformity shall be appealable to and decided by the
Mayor after providing an administrative hearing after
five days written notice to the interested parties.
3. That subsequent documentation transferring title of the
Property described above shall require economic consi-
deration equivalent to the fair market value of the
City's underlying property.
SECTION 5. Effective Date. This ordinance shall be effec-
tive as provided in its terms as of the date of its first publi-
cation.
Passed by the City Council of Salt Lake City, Utah,
this 20th day of April , 1982.
A �
CHAIRMAN\
ATTEST:
CITY RE R R
-4-
Transmitted to Mayor on April 28, 1982
Mayor's Action:
i
MAYOR
ATTEST:
CI Y RECO ITY
R
r3
(SEAL)
BILL 29 of 1982
Published: May 10, 1982
—5—
.PDM-35A
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
--- - ghana D. Conaty
LegalNotices Lpol,. lF,ef .....................................................................................................
SALTLAKE zI a 1sB2I r
(Cbwrm of Leemed and OM6MrA-ItVB Yes
Mwle1120D arddW lNMt t Being first dui sworn,deposes and says that he is legal
AN ORDINANCE CLOSIN�r LggA i�'AXENVE, g Y P g
B4 K Ba;AND DEfERET gVENUE N i W 1PLAT
oFSAI-TLAK6 GTY SURVEY�e ITw3o. NDdm advertising clerk of the DESERET NEWS, a daily
wT ST EETs. - _ (except Sunday) newspaper printed in the English
HHREAS,ithalm ere curcMitY DbNetl eetart'of the
1 streets o/SeH.Leke rl-two ores
ihi more pertldularlr
DIY aLeemedAYanD.�tsoyD :andoew.rArG language with general circulation in Utah, an
lMb 1 SOUIh);between and Yoowe.t StIMts;one
w so
EAS,iMcbwtoofsaldstmos.hasbwnDroPowd published in Salt Lake City, Salt Lake County, in the
lIN n,the CIO m who es1ro fo e sa aNlf IeM1
'y}ryb d.01de It$s pert of a larfp mixedun Pro act ktawn State of Utah.
iK triad ZMINr,MralnaNar ProleCYr,.In Oglauncfksl wNh
aa•Sfafa;y0f10retlmn of the l3evereaux Manslen; ntl '
WHEIREAS It Is the Clty's InKrdidr to Mx'nu.. the
t the Prelect m canbrrnNY wiM tlhe cprrce0lml
e10"qq %,A h Cl I' „Gm.dto.lt;e� That the legal notice of which a copy is attached hereto
HEI�IaAS the CIW binds Nret if Me proposed P.W"is
4 p'Ittef`,iNd NrvNts vroWd no bnoar,be Mr.uw
(- phrerb .va7hlspraY thoQuohf an In II bMTTha
xMn Me�r..Dr wfa".loam wowdaotDe Pub notice of Ordinance M29 0£ 1982
w tdtlls ral'pub I aPuberM.mw would the pyhre
•'he ar1Y ItxNpanden eo rellfgulsa or terminea tIN
�i 6l itre hN'"I 'jr=rJ arxt ,
I:4 It H I It CI In I m upon olomgro It���aw
r 6 f anmfelhrrrM~to'.i1 oN+1rlrmfa kdevN ortiq"oh/fo
_wperata Cecum4a uoom faoraprtar«•rrorma ...............................................................................................................
(' paYtiNftt of fair this velum)far Vaes aesOti-
at rwltk impterr�ntlrfq 9Yw I masmr•,alanr for the
,P a GN maser', em to etlmlrap0mn.ravN fill. .... ... ... .......................................... ................................
I Owe at that P6rf of the CHmm U11UUyy
Ne,to R a tad by Rle CIW CWIKNad Belt bake
Cltr ah: of Lmm 17�rlp'x-"Ma
fTIO A,1Cbsalre it.11allrf aPPlozirtbtr111f•1KO. M .....•......... .. .................. .......•.•..........• ..........•...••.••..
bt' .
IM rhorihe ant CLOSErlwYl�ayaesct%
tr voe Is,CLOSED aM deckrad�m
my
�`ouwlld Ihe' f11e rose as a itYeeiilavtxhum alley or
st cerner n ..... ... ............. ... ........
1 r to ne a tIN W ast t0l'rNr `l.iBloda
tt Lake CIW Survav 330
_ o.1. of f m' was published in said newspaper on.....May 10, 1982
re to
oonr of dOpWMY, Nerlh .. ••......
ed Avenue: eeW Morth \
INM etd.D feet ro the WUY:I wSireef; 1 ,.
ifhptq SouM 37.0 feet='* '3U0'West 1.
Sffae 7 e Polmofbeelanim. I \(t \ �- ` \ ..
,.cq�rlr.rlre.tmecrw. �J.......... .. ..... .. . . .... ....... ... .....
S cT ON 2.cbwre of Deseral q °That the Port on Legal Advertisinglerk
}Deseret AvMue,basted er mDrox lwi# N50 North ,\
between 30D end d00 West Streetq par cularly descrlMtl
.below,Ice,antl the tutus herGW Is,CLOSED mtl oeclared no
longer I.
be ova)able for uw es a SNeel,austere,alley or �•,
petle9tran war.
Beglnninp at the seuthe9st turner of lAt],Block A•
Peeer$p 1 Sa I'.tn.ethhe Weft Pine of 330l0 West S reIr',I fran re me this..........................20th...................
..............,.............day of
iM sou1lMRst corner of Iha Infmrseclbn of South
South)lire al Loh ds ntl 1reelsas(d BIlodc,660lfeeeP fa the
East one of 40D West Slreeh thence sa,M alone Me .....A.D.19...$2..
East 4Ire of d00 Wesl Street 30A+-feet to Me wufhwesf
comer of Me Imerwcllon of Dawref Aveoue and d00
West Slreef;1tNnce East W.rq1 the South Ilne of Dese-
ret Avenue 660 feet to rm West Ilse of 3W West Street;
thence North along the West Ilre o/300 West Street,
3oA roes roim pglnf of beglrmNlp.
COmalm D.dSdS acres.
SECTION 3. Reservations.The cbsures of the streets — ,
-ppppscrlbed In SectbrN 1 and 2.are made expressly SUBJECT .... '............................................. ........................
70 table
rewrraNDns: Notary Public
1.Said cbsrxes are expressly made SUBJECT Tpp all ex-
fim debts of ways and eewnNnts of all public urlllIN, of
LnY and Avery descriPtton row bated on,In rider or over
the confines of ale abovedeacribetl property.if aM;and alw
SUBJECT µTO ttN�Iprns of,Gnfry thereon for ihG PurPowe 01
ryll1dultir1g81saltl utlllfle4 end allot �Plhq,removing,or re-
3.Sold cIomurii Is alw ezPressh,SUBJECT TO any exist-
In,rights of wan or easemwtls e!yrivaa Mind I 1P.1.
7.Sob clolures expressly RESERVE Me Wblic's Interests
in said streets aM untlerlylrq properW.Sald Ipppplslative ad of
desire mid streets Is not InteMetl b be an abendollnnenl of
the Public's Interest In mid ropauds or streets,but is rrpe yoga .._...._. wps�1�
ertIreYlNshall the
retalrh 0 m pybllcbli lNarouablame.rnav be avail- Pry devor mom nt 11ifieiilshe"a—.1manshrrinpcflckIXhmol�id
able for awulalflon at IN fair market vaI tuehesublect to cpdI, ellon eauivaienf a the fair market vabe of Na C9's unapt,
no m subseeusht wI forth below by trarehr alder Irdepentlenf S gg Dell.This ordinance shall be-effec.
document. five as Provded In t1srer as of Na dale W IN first Pubtlr
SECTION d.f sentations, avePr lded tent.Cmrfeln
ationfar end relaIN-atfom haven the Pad the Ider-
aMon for tran genrrinve act ublIClngi the st in f.Ant'sow- Passed by the GW Cavnc�ll W Sall Lake CIW,Utah,this
mentati 1 Sect es I iM publlCs nt mN in Mq lard do- 301n dev of April.19a3.
)bed In Sect s i and 2 above must reflect the folbwmp S.FHAIRM N
itions' CHAIRMAN
1.thew tub Pmk t I expens eof and any other abuNkq ATTEST:
CroPertY Owner(s)bear a I GxPwfm of abandonirw and/Pr relo- Kethrvn Marshall
catlra any exlsflrq uNllties or drainaoe facilities fly CITY RECORDER
lP sled upon Me Property.DevebFers of Me Proletir will be TransmiNetl to Mayor m APrll Pe•198Y.
mePorhsible b Prepare and su—It scenery dens and Zees to Mara's Man:
Obtain approval end appropriate Permits associated with Me Tee Wilson
wort4.That affacheedd to the documentation stall be drawbas ATTEST: MAYOR
rEA
C,tefl
on BIadI11ets 79•a irhE 8!of AI dt bYq MIS If lake 1fnIg to {CIeTY REhC EIR
YYtt—flolrin sedd Pedmct Idrn clops� IGIIO Sa 8 ef: Y 10.19BT
reNectee b mid maser vian.To emote the ImplemMaflon of _e-71 isned
sad riu under Plan,develwmr or future owners or WIl s III
`N t all cautrucrlon PIMs ro Illy Panning DeDarfinentwfor
evbw and eyaluatlen for comormHY to ihm cagalual neater
plan In addiU.to ens'appllCAblm ordIhe.as.Prier b applica-
tfoo tV within building
(i)The
e leant if t 0 roviewed Wsed for
on Piam are tours not,to re Pn keePltro wPM oralnances one
d master pan,Me G1yp hall rdtlry the applicant and mar
to oer shalt agree that Pimmil.DDPart nr eno f shall wIt=ldld
sonira agprroval Md the CItY shelf not Issue permits to Plans
cuniess ply MAIM apppleicalbleYordl--form�o the Arl tllwuas pan
ver the
qq����Mirhp Department's iudyyement of the Issue of;
H7ill tr eppaalable band Pleaded fha Mara after Wovld-
hN1iY n adminlelrafivm hearing eNat flYe deri wrtr notice b
Inieroyad Panes.