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004 of 1985 - Alley Closure - Approximately 920 South from 800 to 900 West Streets THIS ORDINANCE WAS RESCINDED ON MARCH 12, 1985, BY BILL 16, 1985. P 84-19 THIS ORDINANCE WAS NOT PUBLISHED. SALT LAKE CITY ORDINANC F No. 4 of 1985 (Closure of a 15 ' alley at approximately 920 South from 800 to 900 West Streets) F?HERF.AS, the City Council of Salt Lake City, Utah, finds after a public hearing, that the City's interest in the alley described below which was platted within Block 3 of the Albert Place Subdivision is no longer necessary for use as a public way and that the closure of said alley as described below will not be adverse to the interest of the general public. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Alley closure. That certain 10 foot wide alley located within Block 3 of the Albert Place Subdivision, running east/west at approximately 920 South between and parallel to Montague Avenue and 900 South Street, from 800 to 900 West Streets, which is the subject of petition No. 400-144 of 1983 , submitted by JoAnn Milner, and more particularly described below, be, and the same herebv is CLOSED and declared no longer to be needed or available for use as a public alley or public way: Beginning at the northeast corner of Lot 1, Block 3 , ALBERT PLACE SUBDIVISION, a subdivision of Block 8, Five Acre Plat "B", Big Field Survey; and running thence west 730 feet more or less to the q `�' '� northwest corner of Lot 29; thence north 15 feet to the southwest corner of Lot 30; thence east 730 feet to the southeast corner of Lot 58; thence south 15 feet to the point of beginning. RESERVATIONS. Said vacation is 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; 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 without any obligation of the City or the public utility to restore landscaping or improvement thereon. Said vacation is also SUBJECT TO any existing rights of ways 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 subsequent have been satisfied: 1 . It is the intent of the Council to provide a transfer without compensation to the abutting residential properties, unless the abutting commercial property owner to the north, the Union Pacific Railroad, is interested in paying the fair market value for the northern one-half of the alley and reimbursing the City for any out-of-pocket appraisal fee. Said Railroad shall have an option for 120 days from the date of passage to contact the City's Finance Department to arrange for an appraisal to be made and to pay one-half of the appraised value of the alley together with the appraisal fee . If said Railroad fails to exercise this option and complete the purchase as indicated, the option shall terminate. However if the Railroad exercises the option, then at the time of transfer, the Mayor shall -2- concurrently transfer the south side of the alley to the then owners of abutting residentially zoned lots 1 through 29 without compensation upon payment of $290 by the owners for the preparation of quitclaim deeds. 2 . However if. the Railroad 's option terminates without purchase, thereafter the City shall transfer all of its interest within the closed alley to the owners of the abutting residential lots upon receipt of the sum of $290 to reimburse the City for preparation of appropriate transfer documents. 3. It is the Council 's intention that the City interest in the alley not be relinquished unless and until the entire alley is transfered as provided above. If the option is not exercised or the fees are not paid , then the entire alley shall remain under the City's control. SECTION 3. This Ordinance, after the date of its first publication, shall not become effective until recorded with the Recorder of Salt Lake County. The Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor verifies that the conditions subsequent have been satisfied and are ready for concurrent filing with the documents of transfer. Upon verification, the Mayor may transfer the property to the abutting property owners pursuant to the terms herein and instruct the Recorder to record this Ordinance concurrently with the transfer documents. However if the foregoing conditions are not completed within 12 months from the date of passage, this Ordinance shall -3- i- A become null , void , of no effect and no recording shall occur. Passed by the City Council of Salt Lake City, Utah, this 5th day of February , 1985. CH IRMAN ATTEST: �—V/ 4 cA CI REC ER Transmitted to the Mayor on 2/5/85 Mayor' s Action: 2/5/85 ♦� .,ail �././ MAYOR ATTEST: 7 0 CITY RECOR ER cc60 ( SEAL) 6111 4 of �5 PtiWished: NOT PUBLISHED -4- (NID2