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052 of 2011 - Closing & vacating an alley as a public right-of-way adjacent to property at 1575 South State Street 0 11-1 P 11-6 SALT LAKE CITY ORDINANCE No. 52 of 2011 (Closing and vacating an alley adjacent to property located at 1575 S. State Street) An ordinance closing and vacating an alley as a public right-of-way adjacent to property located at 1575 S. State Street, pursuant to Petition No. PLNSUB2011-00004. WHEREAS, the Salt Lake City Planning Commission("Planning Commission") held a public hearing on March 23, 2011 to consider a request made by Salt Lake Community College (Petition No. PLNSUB2011-00004)to close and vacate an unnamed City-owned alley adjacent to property located at 1575 S. State Street and to declare same as surplus property; and WHEREAS, at its March 23, 2011 hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council ("City Council"); and WHEREAS, the City Council finds after public hearings that the City's interest in the alley described below is not necessary for use by the public as a street and that closing and vacating that City-owned right-of-way will not be adverse to the general public's interest; and NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and Vacating Street. An unnamed City-owned alley adjacent to property located at 1575 S. State Street,which is the subject of Petition No. PLNSUB2011- 00004, and which is more particularly described on Exhibit "A" attached hereto, hereby is, closed and vacated and declared no longer needed or available for use as a public right-of-way. SECTION 2. Reservations and Disclaimers. The above closure and vacation 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 this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City's water and sewer facilities. Said closure and vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This alley closure and vacation is conditioned upon the following: 1. Payment to the City of fair market value of those portions of the alley, or its equivalent, and title to those portions of this alley shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and 2. The alley closure and vacation is subject to all existing rights-of-way and easements of all public utilities now located on, under or over the subject property. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the conditions identified above have been met. SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this 23 day of August , 2011. 2 Rife CHA E ON ATTEST: ITY RE ORD ke--,........,_ Transmitted to Mayor on August 23. 2011 • Mayor's Action: X Approved. Vetoed. MAYOR T �/� Ci:tr APPROVED AS TO FORM "" -e , Salt Lake City Attomey's Office ('�f• '5�4 :te : 14 ,•V• '3,IP!:•:!I I *i : (SEAL) %\Ci ,, 1 • P 1 C.Nielso ,Se ry or City Attorney Bill No. 52 of 2011. t-1,,z- � Published: . HB_ATTY-#17771-v l-Ordinance_Vacating_Alley_at_1575_South_State_S LCC.DOC 3 Exhibit A JOHN W. FRANCOM &ASSOCIATES LAND SURVEYORS 505 SOUTH MNN STREET BOUNTIFUL,UTAH 84010 BUS.(801)295-7500 FAX (801)295 7524 DECEMBER 8, 2009 SALT LAKE COMMUNITY COLLEGE 15' ALLEY CLOSURE DESCRIPTION A 15.0 FOOT WIDE ALLEY RUNNING NORTH FROM 1700 SOUTH STREET AND LYING WITHIN BLOCK 2, SOUTH CAPITOL AVENUE ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF SAID BLOCK 2 AND RUNNING THENCE NORTH 00'02'11" WEST 285.40 FEET TO THE NORTHEAST CORNER OF LOT 16 OF SAID BLOCK 2; THENCE NORTH 89'59'39" EAST 15.00 FEET TO THE NORTHWEST CORNER OF LOT 17 OF SAID BLOCK 2; THENCE SOUTH OD'02'11' EAST 288.40 FEET TO THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE SOUTH 89'59'39" WEST 15.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 0.099 ACRES (4326 SQUARE FEET) et rr? 14.4 n Y t