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054 of 1982 - Closure of Alta Street with Reservation of 6 foot way STATE OF UTAH COUNTY OF SALT LAKE ss A-) Lynda Domino 3 Deputy I City Recorder of Salt Lake City,Utah, ................ do hereby certify that the attached..COPY.Of.Ordinance.No..54.of.1982.regarding.the.....fou" closure.of.Alta.Street.Aorth.of.Fairfax.Road.with.reservation.of.the.6-foot..... way............................................................................. was duly approved and accepted by City Council/6CyrdCgMMAction of Salt Lake City,Utah,thiN t$Otk........ day of...J U l y.........................A.D.19...82 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corpota%seal of Salt Lake City,Utah, x this....28th........day of.....Jul Y.................. A.D.19. 8 . Deput�Ccorder of Salt Lake City.Utah m tis �A V O� N V d.► tit SALT LAKE CITY ORDINANCE No. 54 of 1982 (Closure of Alta Street North of Fairfax Road with reservation of the 6-foot way) AN ORDINANCE CLOSING A PORTION OF ALTA STREET NORTH OF FAIRFAX ROAD, BUT RESERVING TO THE CITY A 6-FOOT WAY FOR ACCESS TO THE NORTH. WHEREAS, a request by Claudia Goates, et al, known as Petition No. 624 of 1979, requested the vacation of that portion of Alta Street lying north of Fairfax Road, which abuts petitioner's property and building lot on Alta Street; and WHEREAS, the City finds, after public hearing, that this portion of Alta Street north of Fairfax Road in the Federal Heights neighborhood is not and will not be needed for the use of the public as a vehicular thoroughfare, provided a 6-foot wide public way providing access over the parcel to be closed and petitioner's building lot is reserved or dedicated to the public; and the closure of said road with the appropriate reservations will not be adverse to the general public interest, nor will it have an effect to relinquish or terminate the City's interest in the underlying property, without separate documents of transfer; and WHEREAS, a portion of said street to be closed now separates land owned by the petitioner and Shriner's Hospital for Crippled Children, which the petitioner desires to enlarge and develop as part of its residential lot; and WHEREAS, it is the City's intention upon closure of said street to transfer to the petitioner, under separate document, the underlying property upon appropriate terms, including reser- vation of appropriate easements, provisions for construction of C1t modified street improvements, and payment of fair-market value. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: rT SECTION 1. Street Closure. That the portion of Alta Street beginning at the north line of Fairfax Road which runs more particularly described below, be, and the same hereby is closed and is declared no longer to be available for use as a street, avenue, alley or pedestrian way, but title shall be retained by Salt Lake City Corporation. Beginning North 0*01 '57" West 1042.78 feet and North 89*58103" East 66 feet from the Southeast Corner of Lot 48, Block 4, Popperton Place, Plat A; thence South 106.64 feet; thence Northwesterly 69.38 feet; thence North 85.24 feet; thence East 66 feet to the point of beginning. Contains 0.15 acres. Said closure is made expressly SUBJECT TO all existing rights of way 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 the purposes of maintaining, altering, repairing, replacing, removing, or rerouting said utilities and all of them. Said closure is also SUBJECT TO all existing rights of way and easements of third parties. SECTION 2. Conditions Subsequent. This ordinance, after passage, shall be published but shall not become effective until conditions subsequent, which form a portion of the consideration for this action, have been satisfied. Such consideration shall include the requirement that any transfer documentation: (1) Preserve a 6-foot wide public way along the west and north boundaries of the parcel, together with a similar easement across petitioner's lot to provide access to the school board property north of petitioner's property; (2) Provide that the expense of any rerouting or adjustment of existing utilities be borne by the petitioner; (3) Provide that before any existing public street improvements may be removed or altered, the petitioners, at their expense, will be responsible to design, construct and modify curb, gutter and street/sidewalk improvements, as shall be specified by the City Engineer to connect the public improvements on the east side of Alta Street to the north side of Fairfax Road V to tie in and establish a functioning surface drainage system; and f+ O) (4) Payment of fair-market value. -2- 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 that she shall not proceed with such recording until the Mayor of Salt Lake City, based upon the recommendations of the City Engineer and the City Attorney, verify that the conditions subsequent have been satis- fied or provided for in an executed agreement. Upon verification and satisfaction, the Mayor may transfer the property and instruct the ordinance to be recorded concurrently with the transfer documents. However, if the foregoing conditions are,not completed within twelve months from the date of 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 20th day of July , 1982. CHAIRMAN ATTEST: *!TJY—1 E C�OR D E R Transmitted to Mayor on July 21, 1982 Mayor's Action: <-- `MAYOR ATTEST: Mrn LP _ N s` UTY RECORDER W cm57 .�� �'-� _ A BILL 54 of 1982 Published N -3- P 82-197 ' `ROFiLMED SALT LAKE CITY ORDINANCE No. 54 of 1982 (Closure of Alta Street North of Fairfax Road with reservation of the 6-foot way) AN ORDINANCE CLOSING A PORTION OF ALTA STREET NORTH OF FAIRFAX ROAD, BUT RESERVING TO THE CITY A 6-FOOT WAY FOR ACCESS TO THE NORTH. WHEREAS, a request by Claudia Goates, et al, known as Petition No. 624 of 1979, requested the vacation of that portion of Alta Street lying north of Fairfax Road, which abuts petitioner's property and building lot on Alta Street; and WHEREAS, the City finds, after public hearing, that this portion of Alta Street north of Fairfax Road in the Federal Heights neighborhood is not and will not be needed for the use of the public as a vehicular thoroughfare, provided a 6-foot wide public way providing access over the parcel to be closed and petitioner's building lot is reserved or dedicated to the public; and the closure of said road with the appropriate reservations will not be adverse to the general public interest, nor will it have an effect to relinquish or terminate the City's interest in the underlying property, without separate documents of transfer; and WHEREAS, a portion of said street to be closed now separates land owned by the petitioner and Shriner's Hospital for Crippled Children, which the petitioner desires to enlarge and develop as part of its residential lot; and WHEREAS, it is the City's intention upon closure of said street to transfer to the petitioner, under separate document, the underlying property upon appropriate terms, including reser- vation of appropriate easements, provisions for construction of modified street improvements, and payment of fair-market value. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Street Closure. That the portion of Alta Street beginning at the north line of Fairfax Road which runs more particularly described below, be, and the same hereby is closed and is declared no longer to be available for use as a street, avenue, alley or pedestrian way, but title shall be retained by Salt Lake City Corporation. Beginning North 0°01 '57" West 1042.78 feet and North 89°58'03" East 66 feet from the Southeast Corner of Lot 48, Block 4, Popperton Place, Plat A; thence South 106.64 feet; thence Northwesterly 69.38 feet; thence North 85.24 feet; thence East 66 feet to the point of beginning. Contains 0.15 acres. Said closure is made expressly SUBJECT TO all existing rights of way 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 the purposes of maintaining, altering, repairing, replacing, removing, or rerouting said utilities and all of them. Said closure is also SUBJECT TO all existing rights of way and easements of third parties. SECTION 2. Conditions Subsequent. This ordinance, after passage, shall be published but shall not become effective until conditions subsequent, which form a portion of the consideration for this action, have been satisfied. Such consideration shall include the requirement that any transfer documentation: (1) Preserve a 6-foot wide public way along the west and north boundaries of the parcel, together with a similar easement across petitioner's lot to provide access to the school board property north of petitioner's property; (2) Provide that the expense of any rerouting or adjustment of existing utilities be borne by the petitioner; (3) Provide that before any existing public street improvements may be removed or altered, the petitioners, at their expense, will be responsible to design, construct and modify curb, gutter and street/sidewalk improvements, as shall be specified by the City Engineer to connect the public improvements on the east side of Alta Street to the north side of Fairfax Road to tie in and establish a functioning surface drainage system; and (4) Payment of fair-market value. -2- 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 that she shall not proceed with such recording until the Mayor of Salt Lake City, based upon the recommendations of the City Engineer and the City Attorney, verify that the conditions subsequent have been satis- fied or provided for in an executed agreement. Upon verification and satisfaction, the Mayor may transfer the property and instruct the ordinance to be recorded concurrently with the transfer documents. However, if the foregoing conditions are.not completed within twelve months from the date of 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 20th day of �]�Y_ , 1982. j. CHAIRMAN ATTEST: TY RE CORDER Transmitted to Mayor on July 21, 1982 Mayor's Action: MAYOR ATTEST: Aa YRECORDER cm57 (SEAL) BILL 54 of 1982 Published August 5, 1982 -3- 0.hM 350. Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake ---- Shana D. Conaty SALTr i Ct RDINANCE ............................................................................................................. (Closure of Alta St�f111 M "Ps )q m reaervatim AN OgqDIN..���J4Vi1..C,gg D pppRar1'ON OF ALTA STREET fARTIa•©P PA 'R D'BUT RESERVING T� NORTHE E1TY.A bFOOT V Olf ACCESS TO THE Being first duly sworn,deposes and says that he is legal WHEREAS,a request W C'1aIQ'aYa 11 et ate known as advertising clerk of the DESERET NEWS, a daily Peth,on No.aa4 of 19]9,req dkt varanon of mar porn.n g y f Alta$treat tylm norm of Isla%Ro� "whlch abuts mli- tiener•5 gr,tvandwDalfa Ior 'f X adear;and (except Sunday) newspaper printed in the English wHl�_-"Rs,the city nnaa: Ix,'n�P heanN,that this language with general circulation in Utah, and portion of Alt.Sireel nenh W ZrPaUfax Road In the Federal Heignr5 nalggmmbatl is ml a 4N,I not bit meeetl for me use published in Salt Lake City, Salt Lake County, in the of the lxrblic e.a hicurar RUgofgqrrd provided 6-foof wblic moor d_h,m access Oyer th portal to be closed State Of Utah. W.O.d petitioner's Widim Iof'is raSeYveO or tletlitaled to the PUblic;antl R,e Closure M' d rood Wim,r,e ePprorarlare Ye5- variore will not be ro M10 9aneral whllc late—' mod R nave n -nnautul pr rermawre me Cirvs mentso to not Q andYing Y0119rrY,w"hour separate dec.. That the legal notice of which a copy is attached hereto rtlenrs of transferr and WHEREAS,p.Nit of iI.1 street to be closed now—a- rates IarM by the mt Honer and Shriner's HosPltal for Crippled Chl�n,whit the AiaCl inner tlesirea ro enlarge am eevelovaseartofdar9s{dN,NaioL;and Pub notice of Ordinance #54 of 1982 WHEREAS it IS fIN Clfya Intention upon closure of said ............................................................................................................... tfreer to ityynskr to IF!pelf loner,under separate a°cumenl, he ur IYlN I*OP"inxa,auoroorlafe terms,Inclutling r[servatlon of apprOprlate eagaaamnY,aM's,provisions Mr cons/!uc- ibn M motllfietl ltreal Impro4ements,and payment of fair- Value. .. ............................................................................................................... NOW.THEREFORE,B.,it.ordained by the CnY Council of Sall Lake Cils'.Ufqh: SECTION 1.bTREET CLpaURE.That the portion of Alta Street bmi"'of the no Ilne°f Fairfax Road which runs .............................................................................•.•.............................. particularly dp9�rl Malow,be,and me'same Mreby Is closed and Is decralad m ofger to be available for use ty s street, V Sari, Irey of rlgn wart but Hite shall be re rained by Salt lake CItY Co�watlon. ............................................................................................................... 89 dee.g58RIX1"A Ee (d feet hom me!=th'1asfC artier of°f th Block 4, rton Piece,Plaf A;tfimce SOUm 106.64 feet; thence No feetlY she leer; mama Norm ntem".1t; ...........................•................................................................................... thence,East ed(eel 10 ilia point W beginnim.COntalna 0.15 acres. Said closure Is mad!exPresalY SUBJECT rG ail existing rights of way and easements of all Iwbtic.,,,,ties of'an,and was published in said newspaper on.....Augr...S...A9.$2,......... every description now located on,In,Under or over the con- p fines Of The aWypdescribae Propeny�if an,,sand.1.SUB- JECT TO die rahh of anhv thereon 'r the purposes of main famIN,site tgpalnN,reni0vilp,Or rerouhN said line ties and II WW Sad I011rre algp SUB.EET TO all exlshm rights of moor aM f And Parties: SECTION] NDITIONSSUBSEOUENT This ordinance, 11R Passage she I be Publl teed�bUr.pall mf become eHec .. .... nlil caditlgM 5u to t , Ich form a portion o+me "'' .. "'""" """'' "' ""' iorshah include e"iaemser'ma;'a',v"drSuce sId Lega]Advertis>n Clerk motion: (1)Preserve a afoot wido-blic W.Y.taxi the west and rtl¢r`itht=1da tot the I 1 r with a similar ease- s lot rn P v'Id Mcess to me 5chno -beano M41elty term M petitiOne!'s property; { (2)Provitle tltlr the expen,e of any rerouting or adjust.fore me this.......................ZA.th..................................................day of tine(3)existing that beforeoany a,isllre W`ba<sfre,n Improve a..pen5e,wit,be rr.=Ibls to desB,,cOmir`uc°t anEamodlly curb,gutter aid streeVsdewalk ImprovemenR,as.non be ........A.D.1982..... speclire0 by me Cifv ENIDBer ro Connect Me public Improve- faxnR E�tie lnr and esfablishse fUncrrsat lan"n wrfacedrainage sys I'); Payment of fair-market value. SECTION 3 BFFECTIVE DATE This ordinance,after the o's rdecord"It, aMe Recgcra r Sall Wks Counn'°frdwevei on 11 /Not Recorder of Ball Lake Cliv is msiructed Mat she shall tint ''• procH.d wim Such recortlI-until the Ma f Salt Lake City, �. any Public based.eon tie recammeneatip,s of the LT�ty E..'-'and'he Ciry Ahorrev,ver'11v net tie crontliti0ns subsequent Nava been naffed oY provided(or in an¢xecor-agramlant.Upon veri- fication antl satisfaction,tie MeyOY may Transfer 1M procerty ntl nstrucl the ordnance to ba recorded concurrently with d:e I.rsfer documents.However,it the foregoing renditions sage,t comelehd within twelve months from the date Of pas- hu nrUlna,trn shall be null,void,and of m effect,and ecpr In.fr... N r shall foe allowed. "01Passed by the Ci fy Cooncn of Sall Lake Ch"U,ah,this 2flfh day of July,19at. S.FoAIRMAN ATTEST: CHAIRMAN� Kathryn Marshall CI7Y RECORDER -rransmined to Mayor on July 71,1981 Mayor's Acticn: Ted Wilson ATTEST: MAYOR Kam,nMarshall CITY RECORDER (SEAL) BILL SAof rutr PV,,shed AVgUst 5,1987 O•t]