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052 of 1985 - Closing Alley Between Herbert Avenue and Williams Avenue and 200 East and 300 East - Petition No. 40 6) ��-- S -� P 85-57 SALT LAKE CITY ORDINANCE No. 52 of 1985 (Closing of an alley between Herbert Avenue and Williams Avenue and 200 East and 300 East, Salt Lake City, Utah, pursuant to Petition No. 400-260 of 1984 ) AN ORDINANCE CLOSING AN ALLEY SYSTEM LOCATED BETWEEN HERBERT AVENUE AND WILLIAMS AVENUE AND 200 EAST AND 300 EAST IN SALT LAKE CITY, UTAH, AND REQUIRING CERTAIN CONDITIONS. The City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alleys described below are no longer necessary for use by the public as alleys and that closure of said alleys with the reservation of the certain easements will not be adverse to the general public's interest nor will it relinquish or terminate the City' s interest in the underlying property without separate documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That that public alley which is the subject of Petition No. 400-260 of 1984, 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 right of way; and the title to the City' s interest therein shall be reserved and retained by Salt Lake City Corporation. Commencing at a point in the north line of Herbert Avenue, said point being 125. 0 feet east of the north- east corner of Herbert Avenue and 200 East Street, said point also being the southeast corner of Lot 27, Block 2, Harvard Place Subdivision, a subdivision of Block 21 , Five Acre Plat "A" , Big Field Survey, and running thence North 221 . 25 feet to the northeast corner Lot 34 ; thence East 13. 0 feet to the northwest corner Lot 35; thence South 100. 62 feet; thence S 45° � E 7.07 feet ; thence East 70. 0 feet to the southeast 0 corner Lot 37; thence South 10. 0 feet to the northeast corner Lot 24 ; thence West 70. 0 feet ; thence S 45° W 7. 07 feet; thence South 100. 63 Feet to the southwest corner Lot 26; thence West 13. 0 feet to the point of beginning . RESERVATIONS. Said 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 above described property and also subject to the rights of entry thereon for the purposes of maintaining , alter- ing , repairing , removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said closure is subject to any existing rights of way or easements of private third parties. SECTION 2. CONDITION SUBSEQUENT. This Ordinance, after passage, shall be published but shall not become effective until Petitioner pays to the City fair market value for the above described parcel of property, together with costs for appraising said property. 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 condition subsequent -2- has been satisfied or provided for by executed agreement. Upon verification or satisfaction the Mayor may instruct the Ordinance to be recorded. However, if the foregoing conditions are not completed within twelve (12 ) months from the effective date of the 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, Utah, this 9th day of Jill y , 1985. CHAIRMAN ATTEST: RECORDER Transmitted to Mayor on July 16, 1985 Mayor's Action: July 16, 1985 MAYOR ATTEST: CT RECORDER rc4 (y EAL) Bill_ 5._? 8 .r of 19 r. ,,.5.�.. Published: July 24, 1985 • APPROVED AS TO FORM Sat+ Lake Cit AfforneVz 010" —3- Date �15 Affidavit of Publication ADM-35A STATE OF UTAH, ss. County of Salt Lake . 1 1 LAKE�G•I ( E +., ��:te Yi..CI?:�r apff.......................................................... IDS llejr betty Avenue Salt ks Ciry d M E90t, 1 ; U"Q NA OSINGANIAW6NC !YSYSTEM4OO"ED. N HERB RT AVENUE.A ►LlIANW f9 V� E EAST AND 300 EAST 1 L�yyyLAKE CITE(,(� , Being first dui sworn, deposes and says that he/she is g UIRING.CERTAIN COND( b y P y h3 C" I t SqI(�L�p c�te public alleys legal advertising clerk of the DESERET NEWS a daily �' ng fh the, 's IIt1eI'est,tn:,the public alleys describe�° g g , ,e 11ecesarY Nse by the Public as`blley� eprebsN I weldausys r WVdlonofthecertolrV newspaper printed in the English language with general Will nb1 tq adv e',Hirai Public's interest Itr oil rxprI Worterm. �C yi ,, fnterestintheunder-' circulation in Utah, and published in Salt Lake City, Iv liod ntsby of he City er.Co Salt Lake County, in the State of Utah. E FO Ivied by the City Council of Soft L SECT N 1: fhWt•ih*A I C'alle which is the subject to . 400-260 o9 1 -which Ts more pp cpI r�y de. ` s be,and tn' s<r e:h%,.bV Is CLOSEd.rhd dex: That the legal notice of which a co is attached hereto Y cl .longer to be needed avptl.16 for use at'*PubilI�� PY rig Y;and the title to the,City's Interest therein sholl b'E.s .rounrVed and rAtpfr*4.b �,pg a City Corporalpn Gtommencinp.pt a �IfKtht north line of.,ti " Salt Lake City Ordinance NO. 52 of 1985 Avenue,saiq point tl1219A feet east of the sst} ;F Y........................................................... S' Su Her Of Herbert us nd 200 East Str old r pp�Mdlso Ina the Hereof Lot 27 Block 2 ( v nn(vardl•Plece Su pit , ubdfvislon of&lock 21f' ; 4 Closing of an alley between Herbert Avenue F1ge�Acr Plat"qq'e'BIpp�leld Survey, and running - ........ tftirrot Nlitlh 221.25�aat to the n"oost corner Lot 3 f East 13.0 feet northwest corner of Lot 3 • r �Ce South 100.0 thence S',45' E 7.07 fee r_t- 1sQe East 70p.0 to,th southeast corner Lot 37; and, Williams and 200 East and, 300 East lc 0!ICe;SotlRi'10.0 thenwtheastcornerL'ot24; -`: •..... •••• •••• •••• ••••.•••.•••.•••• thenoo VYest 70.0 ,4henee S IS'W1.07 feet;thence ' Oilfh;West t e southwest eo�er Lot 26; t i ferrdtc the point al bppipp�Nina. RVAT[ .S.Sold closvi a eX6r f, yJR ode9ub eatto ............................................................................................. all existing r191M�Ot wby'and easements of ll Public utll�es of anV and every dpb6#peripfipn now located sn and under or avt4rtho o gaboveQg, lbedporpertV,9 sub(ticttotbe eonrorfhepurpgses. ina,plerin ............................................................................................. r. irl, ,rA. oving or reroulnp:sai�y s;Includ(n0 fhe r se foe SaidelosU Is IV any, 1 rl wqy or ease of privob , a:. was published in said newspaper on.................................. OM 2.CONDITION SUBSEpUENT.Thts�O fdlrwnce, ,shall" publtshed but shall notbernmee}helve until the C fair market value fortht above said with costs for dOpmmno ........ Tuly„2 4 19 8 5 ........ daft of HS ON 3.EFFECTIVE DATE This Ordinance,anti the fldsf Publication,shall not became effective until re. corded with the Recorder of Sal Lake County.However the / ,( Recorder of Soft Lake City is instructed not to record this brdi• ......................................... f nonce until the Mayor verifies thatthe condition subsequent has been satisned or Provided for by executed agreement.Upon Le a1�AdV' lslri li verification or satisfaction the Ma or may Instruct the Ordi• I g g nance to be recorded.However 1 tXe foregoing conditions are noteomPlettdwlhinlWelve(12fmonthsfromtheefhclvedah G.` of the passage,this Ordinance shall be null void and of no efhd,and no recording thereaner shall be allowed. Passed by the CttY Council of Sal Lake City,Utah,this 9fh do,of JuiV,1985. S.Fonnesbeck ATTEST: CHAIRMAN Kathryn Marshall CITY RECORDER Transmuted to Mayor,on July 16,1985. Mayor's Action:July 16,1985 12th Primer DePoullsMAYOR ore me this day of ' '• MAYOR .................................................................... ATTEST: CITY RECORDER A.D.�SEAL' IIIIL 19..85..... 65_57j 1985 , ublished:July 24,1985 i.......................................................... Notary Public My Commission Expires March.1 t..1988........................ } .�..�ti;=, L J / 'A c{ti:' r ' S Proof of Pnhlicatian From DESERET NEWS -------------------------------------------------------------- -------------------------------------------------------------- ----------------------------------------------------------- -------------------------------------------------------------- Attorney s STATE OF UTAH COUNTY OF SALT LAKE ss , 01 622 Lynda Domino Chief Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the attached is a full, true, and correct copy of Ordinance 52 .......................... from m 1985 closing an alley between Herbert Avenue and Williams Avenue and 200 East ... .......................................................................................................... and 300 East; and CP ..................... ....................................................................................... was duly approved and accepted by City Council/ExacutivaAction of Salt Lake ah,'this...9.th.......... day of ......Tut.y........................... . A.D. 19 .85. . 1V IN WITNESS WHEREOF, I have hereunto set my hand and affixed the q'oV-10ratt,seat of SiaIt Labe City, Utah, this .................. day of .....July.............. .. ......... , A D 85� Chief Deput Recorder of Salt Lake City, Utah D 8-5- 1 r P 85-57 SALT LAKE CITY ORDINANCE No. 52 of 1985 (Closing of an alley between Herbert Avenue and Williams Avenue and 200 East and 300 East, Salt Lake City, Utah, pursuant to Petition No. 400-260 of 1984 ) AN ORDINANCE CLOSING AN ALLEY SYSTEM LOCATED BETWEEN HERBERT AVENUE AND WILLIAMS AVENUE AND 200 EAST AND 300 EAST IN SALT LAKE CITY, UTAH, AND REQUIRING CERTAIN CONDITIONS. The City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alleys described below are no longer necessary for use by the public as alleys and that closure of said alleys with the reservation of the certain easements will not be adverse to the general public' s interest nor will it relinquish or terminate the City' s interest in the underlying property without separate documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That that public alley which is the subject of Petition No. 400-260 of 1984, which is more particularly a described below, be, and the same hereby is CLOSED and declared no longer to be needed or available for use as a public right of r^i way; and the title to the City' s interest therein shall be reserved and retained by Salt Lake City Corporation. Commencing at a point in the north line of Herbert Avenue, said point being 125. 0 feet east of the north- east corner of Herbert Avenue and 200 East Street, said point also being the southeast corner of Lot 27, -(Block 2, Harvard Place Subdivision, a subdivision of Block 21 , Five Acre Plat "A" , Big Field Survey, and 1 1' (running thence North 221 . 25 feet to the northeast A ( corner Lot 34 ; thence East 13. 0 feet to the northwest ' corner Lot 35; thence South 100. 62 feet; thence S 45° E 7. 07 feet ; thence East 70. 0 feet to the southeast U' (�' ,1 corner Lot 37; thence South 10. 0 feet to the northeast .1� r corner Lot 24 ; thence West 70. 0 feet ; thence S 45° W N 7. 07 feet; thence South 100. 63 Feet to the southwest corner Lot 26; thence West 13. 0 feet to the point of beginning . RESERVATIONS. Said 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 above described property and also subject to the rights of entry thereon for the purposes of maintaining , alter- ing, repairing , removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said closure is subject to any existing rights of way or easements of private third parties. x SECTION 2. CONDITION SUBSEQUENT. This Ordinance, after 6.4 passage, shall be published but shall not become effective until _J c Petitioner pays to the City fair market value for the above N described parcel of property, together with costs for appraising 23 said property. 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 condition subsequent -2- has been satisfied or provided for by executed agreement. Upon verification or satisfaction the Mayor may instruct the Ordinance to be recorded . However, if the foregoing conditions are not completed within twelve ( 12 ) months from the effective date of the 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, Utah, this 9th day of July , 1985. CHAIRMAN ATTEST: v x - �- CTM RECORDER Transmitted to Mayor on July 16, 1985 OO Mayor 's Action: July 16, 1985 MAYOR ATTEST: ': ? t� oi i -- C RECORDER 'A rc4 Bill 52 of 19 85 Publisfjed: July 24, 1985 c APPROVED AS TO FORM \ Sal} Lake Cs Attorney'& , -3— pate