005 of 1984 - Alley Closure - Avondale Park Subdivision, between 1700 South and Blaine Avenue from 400 to 500 East P 83-171
SALT LAKE CITY ORDINANCE
No. 5 of 1984
(Closing the northern leg of a "T" shaped
alley at approximately 475 Fast from 1700 to
approximately 1714 South in Salt Lake City)
AN ORDINANCE CLOSING THE NORTHERN LEG OF A 14 ' "T" SHAPED
ALLEY AS IT LIES AT APPROXIMATELY 475 FAST FOR 120 FEET FROM 1700
SOUTH TO APPROXIMATELY 1714 SOUTH IN SALT LAKE CITY, UTAH, WITH
CONDITIONS SUBSEQUENT.
RECITALS :
A. The City has received a request by Patric McGarvey , et
al. , known as Petition No . 324 of 1982 requesting the vacation of
a "T" shaped alley located in the AVONDALE PARK SUBDIVISION,
which lies between 1700 South and Blaine Avenue from 400-500 Fast
Streets.
B . The City finds after public hearing , that portions of
the subject alley are not needed for use by the public for
vehicular thoroughfares, and that in lieu of vacation, closure of
the north leg of said alley lying at approximately 475 East and
1700 South Street as it runs south to approximately 1714 South
may be an appropriate procedure in this instance with the
reservation of certain easements and conditions subsequent. The
closure of said northern leg of this alley will not be adverse to
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the general public 's interest in thorouqhfares, nor will it
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relinquish or terminate the City's interest in the underlying
property without separate documents of transfer.
M
STATE OF UTAH y958196
COUNTY OF SALT LAKE ss
Lynda Domino Deputy
I..................................... City Recorder of Salt Lake City,Utah,
do hereby certify that the attached.l S.a.full,.true,.dod.G4rreet.eopy,of.Drdi nance.5..,,from
.1984.closing.the.northern.leg.of.a.'.'T'.'.5hdped.dlleY.dt.dbotat,47�,East.from.1700
to approximately 1714 South. Said ordinance was
..................................................................II.,,.............
MM>duly approved and accepted by City Council/LX;M66 e'�Action of Salt Lake City,UVK.,, �.4'.:�...........
� �.•1,,' z•: r
day of..Febru@rY......................A.D.1994.. .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporete'seal of Salk Lake-City,Utah,
this...14th.........day of....FOrorY................
Deputy it, corder of Salt Lake City,Utah
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C. It is the City' s intention, upon closure of this portion
of this alley, to make available for transfer to abutting
property owners under separate document the City ' s underlying
property interest subject to certain terms, reservations for
appropriate easements, and conditions subsequent.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City , Utah:
SECTION 1 . That the north leg of a 14 ' "T" shaped alley
located in the AVONDALE PARK SUBDIVISION, as it runs south at
approximately 475 East from 1700 South Street for 120 feet to
approximately 1714 ,South, is a portion of the subject of Petition
324 of 1982 and is more particularly described below. Said
portion of the alley, be, and the same is hereby closed and
declared no longer to be needed or available for use as a public
street, and the title to the City 's interest therein shall be
reserved and retained by Salt Lake City Corporation:
Street closure of the northern 120 feet of a 14 ' alley
running south at approximately 475 Fast from 1700-1714 South.
Beginning at a point being the northeast corner of
Lot 11, AVONDALE PARK SUBDIVISION, a subdivision
of Lot 12, Block 4 , 5 Acre Plat "A" ; thence
running south along the east line of said Lot 11 , w
also being the west line of a 14 ' alley, 1201 , ±,
to the southeast corner of Lot 11; thence east Clt
141 , ±, to the south line of said alley; thence Cn
north along the south line of said alley 120 ' , ±
to the northwest corner of Lot 1 of said ,
subdivision; thence west 141 , ±, to the point of Y
beginning.
RESERVATIONS. Said closure is expressly made SUBJECT TO all
-2-
existing rights of ways and easements of all public utilities of
any and every description located on, in, under or over the
confines of the above described property; and also SUBJECT TO the
rights of entry thereon for the purpose of maintaining, altering ,
repairing , removing , or rerouting said utilities, and all of
them.
Said closure is also made SUBJECT TO existing rights of way
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. Before any transfer may occur, the City must receive
payment of the fair market value of the property within the east
one-half of the alley which abuts commercially zoned private
property plus reimbursement of out-of-pocket appraisal fees.
(A) The owners of commercial property abutting the east side of
the closed alley shall have an option for 120 days from date of
passage to contact the City' s Finance Department to arrange for
an appraisal to be made and to pay the appraised price plus the
appraisal fee for the east half of the alley described above
abutting their land . If said eastern abutting property owners '
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fail to exercise the option and purchase the entire east half of
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the alley abutting their land as provided within said 120 days, Q
the option shall terminate. If the option under (A) is �
F-+
exercised , then the Mayor shall concurrently transfer the west C)
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half of the alley to the then abutting landowner of residentially
zoned Lot 11 without compensation.
However if the option under (A) terminates without purchase,
(B) thereafter the property owner of Lot 11 may purchase the west
half of this alley abutting his land , together with any portions
of the east half of the alley not purchased under (A) for the
purchase price of the land in the east half of the alley,
provided this second option is exercised within 120 days after
the City gives written notice of the option under (B) .
Notwithstanding the above options, it is the Council ' s
intention that the City ' s interest in this leg of the alley not
be relinquished unless and until the entire leg is transferred as
provided. If the options are not exercised then the entire 14 '
will remain under the City's control.
2. Before any purchasing abutting property owner may take
possession of the land to the exclusion of others they must
demonstrate that service connections for public utilities have
been connected to 1700 South, 500 East or Blaine Avenue and that
existing utility lines in the alley , if any, have been abandoned .
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 County
C77
Recorder not to record this Ordinance until the Mayor verifies j
that the conditions subsequent have been satisfied or provided
for by executed agreement. Upon verification and satisfaction as
-4-
shall be represented by the Finance and Public Utilities
Departments and the City Attorney, the Mayor may transfer the
property to the abutting property owners pursuant to the terms
herein and instruct the Recorder to record the 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 be null, void , of no effect
and no recording thereafter shall occur.
Passed by the City Council of Salt Lake City, Utah,
this 7th day Of FphruarV , 1984 .
VICE- CHAIRMAN
ATTEST:
L
CAI TY 'RE - RDER
Transmitted to the Mayor on 2/7/84
Mayor 's action: 2/7/84
-MAYOR
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ATTEST: �� rs n►
cn
CITY RE CQRnER
c c8 5
(S E A L) -5- \
BILL 5 of 1984
Published: February 21 , 1984 \
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
.SALT W(N.sal B°RwDINANCIe Cheryl Gierl.. ....o.ff ..................................................
((CT1wlw 1M Isbrlhlrw lea x e•'r^BMea
'eMYx %YrseNN 1BS[ex Aarrl l7fAb
IIH 6siak N fat Lap CRY)
AN R INANCE CLOSING THE NORTHERN LEG OF A Ir
"T"SHHAPED ALLEY AS IT LIES AT APpRpXIMATELA a15
EA3T'FOR 1p FEET PROM I.
SOUTH TO APPRO%IMATE-
TIONS, Ep1 N SALT LAKE CITY,UTAH,WITH CONDI Being first dilly sworn, deposes and says that he/she is
A.The s It recely 4.1 lrwNew by Patrk MCGervey,M legal advertising clerk of the DESERET NEWS,a daily
k oWn N Paftlen No Jtd a Hg!eq Ball p I e vote ion a a
T"aledM a11"holed"the AVONDALE Pp RK SUBDiv6
s10N,.Wtlkdllles le=UW So^and Blaine ACanuafmm mo- newspaper printed in the English language with genera
S00 8;They ow finds after P"k neente,Inset Partla„a d Its, circulation In Utah, and published in Salt Lake City,
sublM elley ere wf needed for use W Re punk'hrr vehicular
maawMaMs cold ilal N IbU a Yaceflan,Meese a the wdh Salt Lake County,in the State of Utah.
ee a1 wN lien,Nlrq of aPp'oeknalet,05 East am 7M Soum
Sweet As It r1Xl.DaUlh f0",Pre%I We Innce withd SoIAH-Reny OB do
certain a�«en ,and conditions subsea Tie I of said
lerinem'Np amballarwnlrorDeaewrxromeaneraloulr That the legal notice of which a copy is attached hereto
IIPs 194t"RwapMarw,nor Will it rairekleh ar terminate
Ile CRY's Inrorast In Re ud.,Mne sracarty without separate
dwwywft a transfer. Salt Lak a•,Ci,ty,„-Ord,irtanc e•,•No. ,5-•oE•.198,--
C.II i6Rl1We CINsIMenibn,uwn dlxure of thb poMlenathis --•• ••"'•-""""
.alter,s:make a ocurn b Idr frClf ea b ivass Pro art,nt rest
umw.aMwarodowim lteCI 'sufMeflvitq lateesInterest w .. 3hd Cd
�spr,Nr.red:,rxarYx�Onararapp.aprNreaa�mwra, Closincj.,the„northern leg„•of a,•,,,T•,•„•••...p.
NOW,TH-_�W E:be If ordained M RIB CRY Couricll or •• -
Salt Lake CIN,Ural:
SECTION I.TIel th6 rorih be a a lr"T",I..Wlev to ells at--al5,prox.,-4.75•.East„from,.l..�.......3.
cated in ff.AVONDALE PARK SVIS....1ppN,es It rune sous ...Y.....
aatt aaft".1'neMY as East fromp I no SA ni,Str"t'for 1p lest b ...........
'••'•-
aid of 19 yamq irhaMY is�mons oowrfikuler)v b 110a Of ftQ Qaslow Sold lion
a Reap%be,am Heswneb hereby VV,= n—d appoox.,„1714,,,South,.in,.Sa1t,.Lake-,City,,.,..
the tit ro ha needed s i evr9W;for uw x a pudk ehean and •.•..••••..• .
the fairest
1 ro its CI1Ys kderesl n wbll W rewrved as re
ratrSat N1.
ry �At
— N
swaax 19s fFx1 1.7ea1 1 11'allev rrawNe
..............................
...............................
BeaNNnnlAI I s pakp RIB wrRnmw comer a Loy I1.
AVONO P RK SUBDIVISION,a wmivlebn a Lot
lY,B 5.Acr PNf"A";fteloae n:ailnp south abed
tie yawl afield Lot I),also being tie west Ilro a a was published In said newspaper on..................................
11'Alter,1p',♦—,to the saulllexl cwrwr of LW I,;
.woe ea Id',+-,to the south lino o1 said alley;
lhance north alone Re awth ilnad sale allay 1p',�—t, 19 8 4 .
lM nst"w"tmi her aL 1 aselit wmlvlalgl;manta FebY,1},aYJ(,-Z,�,a.............. .
wwnr,>_.ro` lappppl.nrabeemnlrro. '
.RESERVATIONS.Saq-cl,=b expressly netle SUBJECT
Tall eitbrkq rkMe d WeY9 emaewnems"all wMk u,i nias
of ant am evary d—dX111 IIKaIed on,In umer ar over iM /-t..�t,,:(h... ...`:��t. ....••••.
mnWea a Me atwve described ProMr1YJ one alw SUBJECT 70 ..............................................
the riehls a.exry maroon rot me pyrwas a nesI&MIng,alter- Legal✓Adv�ftisi ng 6rk
Ina,relxslrkle,removing,a rerwrlM tl utitlfes,am all a
ee n
Said sonesse of also made SUBJECT TO exlatlna dash a
rSECTIa SECTION 2�sThls orditna thirdance a Ian vassaffe,shall 1.wbl is W
but afwll not boom*effMive until the mllo sins;conditions wbse
.anthestbeensatlsfbd:
1.Before am,transfer my o[Ur,the City nlllst reCei
Pe—sn't a the fair market value of Me ProPern ss the east
ore-IbR a me Nley which abuts Inrnmercle",coned private
(A)�r'h.Muownersre b tat ponsts�-rPly abuillneaMiereasstt stria of
the closed alley shall have an.pried br Il days from dale or
casesse to correct the CINs Pilence Deparhtenf t0 erreree far
an awalsal it,be aPPra1.tee rot the e�let half and a Me allay described ebusM•e Wa
tins;their land.If"id eaarom"Noe omlx+rn'owners fall to 3,efore me this.............................2 the1�xi...............................day O
aenrclsa trio oetim and porch""rM Wire east half f the alley
aWRlrq Rlelr lath a5 ProvNed wllllln eeltl ISS dal s,the optlm
MMaasor sshall mrl[uii�rmil�rrtnsfa ihe(""tln.If
fcmee�,llety olhe nn
Men ahlmim iasowver a reebwniI.allY-red Lot 11 wlneout A.D.19.Fe.4.....
mmoen.atbn.
Howeswr,If rytlpp oMlon user owner
of Lot 11 ssdtreet
wr Wr- .••..
chew,r)lif of er Ile properfv pwrer Oi I.o1 it they WrGase
ee aebt haIf d Mia alley abuttitq his law,toeelter with env .,, •` %' GA.(�,
pprrens a me east roR a me auev not Purcnaead under(A)rot ....: u............F.'::.... .....................
tf la wrausa prbaa rre lam In me east nafame alNv,wavld ,
ed mia"send-Ion 1.axe Isad within 1p days agar the CIN Notary Public
giveswrittennul"ofRe option u W(a).
NUtwimstasl.the above Potions,It Is Its,C-11's irnen-
I-thx the Ciry'6 irdereat In this lee d file alley let be relln-
wl.hed unless am until ilia entire lee 19 trenabrrN as provided.
If the-t,—are not exercised tten die BMIre Ir will remain —--
umler»eclrv'.mnfra. s�d
Y.Before am purchaalre.no or—lY owner may take P br me CNY Cwncil of 5att lake City,Utah,this t
wswssim of Ne lam b Re"'Pall of odes they must demon day a ehUMY,19ad. S.Fanreshark
straw that Service connedloro for WMic uti11Nn hove been con- VICE{HAIRMAN
necled to I Mo SPUN,5oe Easy or Blaine Avenue am that etistim
utility lines In the alley,it env,have been enandaled. ATTEST: {y�
SECTION d Tuts OminwXe,agar Redale of Itafirsf publics- Kathryn Marsrall
tlon shall nod bemne~lee uotll recorded with the Remser ,,,,,,,CITY RECORDER
f Salt lak County'However rle Seen Lake Cpunry Recorder rot Transmitted to me MaYM en 1/T/ea .1
b record this OranwKe until iM Mavar verlfi.ttet Rw corcll- savor's action:S/i/94 Ted Wllswl
r-a cobs U t have been satisfied or provided axeculed MAYOR
aore"'a VPon veriflcaflen and setlefadlon-rho
be revue- N -5
senI br Re Finance am PMic Utilities Deparimallf.an file Ka�ihErmTMarahall
City Attorney,ie Mayor may transfer the PaPerN M the abut- CITY RECORDER
me IxowrtY ownere Wrwanf to the I.- tereln wen..tract (SEAL)
lies Retarder to resod ire Ortllrarxx mncUrreM1Y with IFe trerK- BILL 5 a 1.
ter documents.However,"it.roreooirro mntlifklm ere not min- t
Meted within 12.alms/ran the dery a p""'this Ordlnenm Published:Febuary 21,19a1
eau be hug,void,a no erred am w recordirs,Rereamer mob
C
P 83-471
SALT LAKE CITY ORDINANCE
No. 5 of 1984
(Closing the northern leg of a "T" shaped
alley at approximately 475 Fast from 1700 to
approximately 1714 South in Salt Lake City)
AN ORDINANCE CLOSING THE NORTHERN LEG OF A 14 ' "T" SHAPED
ALLEY AS IT LIPS AT APPROXIMATELY 475 FAST FOR 120 FEFT FROM 1700
SOUTH TO APPROXIMATELY 1714 SOUTH IN SALT LAKE CITE_', UTAH, WITH
CONDITIONS SUBSEQUENT.
RECITALS :
A. The City has received a request by Patric McGarvey, et
al. , known as Petition No. 324 of 1982 r_equestinq the vacation of.
a "T" shaped alley located in the AVONDALE PARK SUBDIVISION,
which lies between 1700 South and Blaine Avenue from 400-500 Fast
Streets.
B . The City finds after public hearing , that portions of
the subject alley are not needed for use by the public for
vehicular thoroughfares, and that in lieu of vacation, closure of
the north leg of said alley lying at approximately 475 East and
1700 South Street as it runs south to approximately 1714 South
may be an appropriate procedure in this instance with the
reservation of certain easements and conditions subsequent. The
closure of said northern leg of this alley will 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.
i
C. It is the City' s intention, upon closure of this portion
of this alley, to make available for transfer to abutting
property owners under separate document the City ' s underlying,
property interest subject to certain terms, reservations for
appropriate easements, and conditions subsequent.
NOW, THEREFORE, be it ordained by the City Council of .Salt
Lake City , Utah:
SECTION 1 . That the north leg of a 14 ' "T" shaped alley
located in the AVONDALE PARK SUBDIVISION, as it runs south at
approximately 475 East from 1700 South Street for 120 feet to
approximately 1714 ,South, is a portion of the subject of Petition
324 of 1982 and is more particularly described below. Said
portion of the alley, be, and the same is hereby closed and
declared no longer to be needed or available for use as a public
street, and the title to the City's interest therein shall be
reserved and retained by Salt Lake City Corporation:
Street closure of the northern 120 feet of a 14 ' alley
running south at approximately 475 Fast from 1700-1714 South.
Beginning at a point being the northeast corner of
Lot 11, AVONDALE PARK SUBDIVISION, a subdivision
of Lot 12, Block 4 , 5 Acre Plat "A"; thence
running south along the east line of said Lot 11,
also being the west line of a 14 ' alley, 1201 , ±,
to the southeast corner of Lot 11; thence east
141 , ±, to the south line of said alley; thence
north along the south line of said alley 120 ' , ±
to the northwest corner of Lot 1 of said
subdivision; thence west 141 , ±, to the point of
beginning.
RESERVATIONS. Said closure is expressly made SUBJECT TO all
-2-
existing rights of ways and easements of all public utilities of
any and every description located on, in, under or over the
confines of the above described property; and also SUBJECT TO the
rights of entry thereon for the purpose of maintaining, altering ,
repairing , removing , or rerouting said utilities, and all of.
them.
Said closure is also made SUBJECT TO existing rights of way
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. Before any transfer may occur, the City must receive
payment of the fair market value of the property within the east
one-half of the alley which abuts commercially zoned private
property plus reimbursement of out-of-pocket appraisal fees.
(A) The owners of commercial property abutting the east side of
the closed alley shall have an option for 120 days from date of
passage to contact the City's Finance Department to arrange for
an appraisal to be made and to pay the appraised price plus the
appraisal fee for the east half of the alley described above
abutting their land . If. said eastern abutting property owners
fail to exercise the option and purchase the entire east half of
the. alley abutting their land as provided within said 120 days,
the option shall terminate. If_ the option under (A) is
exercised , then the Mayor shall concurrently transfer the west
-3-
half of the alley to the then abutting landowner of residentially
zoned Lot 11 without compensation.
However if the option under (A) terminates without purchase,
(B) thereafter the property owner of Lot 11 may purchase the west
half of this alley abutting his land , together with any portions
of the east half of the alley not purchased under (A) for the
purchase price of the land in the east half of the alley,
provided this second option is exercised within 120 days after
the City gives written notice of the option under (R) .
Motwithst.anding the above options, it is the Council ' s
intention that the City ' s interest in this leg of the alley not
be relinquished unless and until the entire leg is transferred as
provided. If the options are not exercised then the entire 14 '
will remain under the City's control.
2. Before any purchasing abutting property owner may take
possession of the land to the exclusion of others they must
demonstrate that service connections for public utilities have
been connected to 1700 South, 500 East or Blaine Avenue and that
existing utility lines in the alley , if any, have been abandoned .
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 County
Recorder 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 as
-4-
shall be represented by the Finance and Public Utilities
Departments and the City Attorney, the Mayor may transfer the
property to the abutting property owners pursuant to the terms
herein and instruct the Recorder to record the 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 be null, void , of no effect
and no recording thereafter skull occur.
Passed by the City Council of Salt Lake City, Utah,
this 7th day of FPbruarV , 1984 .
VICE- CHAIRMAN
ATTEST:
I 7/1ORDER.
Transmitted to the Mayor on 2/7/84
Mayor 's action: 2/7/84
1
MAYOR
ATTEST:
7 /
CTTY RTC ER
cc85
(S E A L) —5—
BILL 5 of 1984
Published: February 21 , 1984