056 of 1984 - Closure of a Portion of a Prescriptive Easement in a dirt road running North from Tomahawk Drive atr
P 84-39
s �
SALT LAKF CITY ORDINANCE
No. 56 of 1984
(Closure of a portion of a prescriptive easement
in a dirt road running north from Tomahawk Drive at 1398 East) ,
AN ORDINANCE CLOSING A PORTION OF THE CITY 'S PRESCRIPTIVE
EASEMENT IN A DIRT ROAD RUNNING NORTH FROM TOMAHAWK DRIVE ( 590
NORTH) AT APPROXIMATELY 1393 EAST IN SALT LAKE CITY , UTAH.
The City Council of Salt Lake City, Utah finds after their
public hearing regarding the City ' s interest in the prescriptive
easement over the portion of the dirt road described below which
shall be incorporated into Plat "L" of. the Arlington Hills
Subdivision : that said road is no longer necessary for use by the
public as a public way; that the closure of said prescriptive
easement with the reservation of certain easements and conditions
will not be adverse to the general public 's interest; nor will
closure relinquish or terminate the City' s interest in the
underlying property without separate documents or transfer.
Now, therefore, be it ordained by the City Council of Salt
v�
Lake City, Utah:
SECTION 1 . The southern portion of a prescriptive easement
over a dirt road, which runs north from Tomahawk Drive (590
00
North) at approximately 1393 East for approximately 1635 ' across Qa
the northwest quarter of Section 33 (T. 1 N. , R. 1 E. ) is the
subject of Petition No. 400-181 submitted by Donald A. Mackey as
part of the development of the proposed Arlington Hills Plat "L"
Subdivision. Said portion of the dirt road, more particularly
DAT /�l
described below, be, and the same hereby is closed and declared
no longer to be needed or available for use by the public as a
public thoroughfare subject to the conditions set forth below in
Section 2. Title to the City's interests therein shall be
reserved and retained by Salt Lake City Corporation.
Said existing dirt road of varying widths follows a
centerline more particularly described as:
Beginning at a point which is South 135 .0 feet
from a point which is North 89°43 ' 25" East 1193 .45
feet along the Section line from the Northwest
corner of Section 33, Township 1 North, Range 1
East, Salt Lake Base and Meridian; thence running ��
North 20 °24 ' 51" West 191.52 feet; thence North
23°20138" East 40 .74 feet; thence North 29°03 ' 17 " $
S J �(J
East 50. 67 feet; thence North 7 °40 ' 49" West 95.74
feet; thence North 6° 29 '42" East 297 .58 feet; `1
thence North 50 °11 ' 40" West 26. 14 feet; thence
North 86 ° 29 ' 00" West 35 .30 feet; thence South
37° 42 '51" West 61 .46 feet; thence South 45024133"
+ >> West 38 .98 feet; thence North 72*01151" West 22 .97
} 4) feet; thence North 13036 ' 27" hest 51 . 04 feet;
thence North 19054 '11" East 240 .55 feet; thence
North 1028 ' 50" East 99. 05 feet; thence North
18041 ' 05" East 171 .44 feet; thence North 39013 ' 32" o
East 37 .35 feet; thence North 25022 ' 59" East 7<
177 .72 feet to a point on the Easterly proposed
Arlington Hills Plat "L" Subdivision boundary.
v
RESERVATIONS. Said closure is expressly made subject to any
and all existing right-of-ways and easements of all public Z\D
00
CJz
utilities of any and every description now located in, on, under
or over the confines of the above described property; and also
SUBJECT TO the rights of entries thereon for the purposes of
maintaining , altering , repairing , removing , or rerouting said
utilities and all of them without any obligation of the Grantor
to restore slopes, landscaping or improvements thereon. Said
-2-
vacation is also SUBJECT TO the existing rights-of-ways or
easements of private third parties.
SECTION 2 . Conditions subsequent. This ordinance, after
passage shall be published, but shall not be recorded nor shall
it become effective until the following conditions have been
satisfied according to the procedure set forth in Section 3 .
1 . The petitioner shall be responsible to dedicate and
convey clear title to the City the following property interests
which shall be accepted as comparable value ( in lieu of monetary
compensation) for the City 's interest in the easement:
/ (1 ) An unrestricted 30 foot easement to the City over
the existing roads located on petitioner's property which
lay outside of the proposed boundary for the proposed
subdivision (Arlington Hills Plat "L" ) . The exact location
of said easement shall be described in a deed of easement
that shall be submitted prior to or concurrent with said
plat.
k�(2 ) A restricted 20 foot wide easement to the City for o
0
the benefit of the City ' s Public Utility Department, Fire CITA
1�
Department, other City agents and other public agencies ►tom
-v
z�
providing emergency care including the U.S. Forest Service ~'
IV
over the north and south portions of the subject road which 00
will remain in the field after the construction of a
homesite on Lot 4 of said subdivision. The easement is
restricted for use by public agencies for purposes of
-3-
firefiqhting and providing emergency vehicle access into the
surrounding hillside areas. The exact location of the
easement will be identified and platted as part of the
proposed subdivision plat.
(3 ) A restricted 20 foot wide easement to the City for
the use of its parks and recreations programs. It shall
allow ingress and egress from Tomahawk for construction and
maintenance vehicles and equipment, etc. , to be used if and
when the City proceeds with development of any park or
recreation related facilities on the City' s property east of
Lot 4. Said easement, the exact location of which will be
platted on subdivision map, will generally be located on the
southern portion of said lot and may follow along a portion
of the petitioner 's private driveway.
(4 ) Petitioner shall deed an acceptable specific
easement to Mountain Fuel Supply to reflect any portion of
the existing pipeline which traverses petitioner ' s property
within and without of the subdivision, unless the same is Q,
0
0
already reflected on a deeded easement. UZ
O�
(5 ) A 10 foot wide strip of property in fee between
Lots 1 and 2 of the proposed subdivision to be utilized and
improved as a pedestrian walkway at approximately 1405 East
on Tomahawk Drive for ingress and egress to the City ' s
parcel north of Tomahawk Drive. Said walkway shall be
improved by the petitioner at his expense as part of the
-4-
bonded subdivision improvements of the proposed Plat "L° .
The walkway improvements contemplate a 6 foot high chainlink
fence or masonry wall to be constructed on each side
providing a common boundary and fence for with the abutting
lots. The walkway shall be designed with steel post
bollards and in an acceptable design to prevent vehicle or
motorcycle use of the pedestrian walkway that shall include
barriers at the street entrance.
SECTION 3. Effective date. After the date of its first
publication, this ordinance 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 City Attorney and the Planning Director
verify to the Mayor that the conditions subsequent have been
satisfied or provided for by executed agreement. Upon
verification of compliance, the Mayor may instruct the ordinance
to be recorded in conjunction with the platting of the proposed
Arlington Hills Subdivision final plat. However if the foregoing
conditions are not completed within 12 months from the date of o
0
passage of this ordinance, this ordinance shall be null , void ,
eF
and of no effect; and thereafter no recording shall be allowed . "?
Passed by the City Council of Salt Lake City, Utah r
this 4th day of September , 1984 . 89
CHAIRMAN (I
-5-
C
ATTEST:
iRy�a3R D R
ry,
Transmitted to the Mayor on September 4, 1984
Mayor 's action: 9/4/84
�MA�OR
ATTEST :
C 'T r
'AOER
c c 8 0 e.,_
Cn
A NNN
(S E A L)
Bill 56 of 1984
Published: September 12, 1984
_ w
(P 84-39) '� � -F � � � CIA
�F
i�
OO
CD
-6-
P 84-39
•
SALT LAKF CITY ORDINANCE
No. 56 of 1984
(Closure of a portion of a prescriptive easement
in a dirt road running north from Tomahawk Drive at 1398 East) .
AN ORDINANCE CLOSING A PORTION OF THE CITY 'S PRESCRIPTIVE
EASEMENT IN A DIRT ROAD RUNNING NORTH FROM TOMAHAWK DRIVE (590
NORTH) AT APPROXIMATELY 1393 EAST IN SALT LAKE CITY, UTAH.
The City Council of Salt Lake City, Utah finds after their
public hearing regarding the City' s interest in the prescriptive
easement over the portion of the dirt road described below which
shall be incorporated into Plat "L" of. the Arlington Hills
Subdivision: that said road is no longer necessary for use by the
• public as a public way; that the closure of said prescriptive
easement with the reservation of certain easements and conditions
will not be adverse to the general public 's interest; nor will
closure relinquish or terminate the City's interest in the
underlying property without separate documents or transfer.
Now, therefore, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . The southern portion of a prescriptive easement
over a dirt road, which runs north from Tomahawk Drive (590
North) at approximately 1393 East for approximately 1635 ' across
the northwest quarter of Section 33 (T. 1 N. , R.1 E. ) is the
subject of Petition No. 400-181 submitted by Donald A. Mackey as
part of the development of the proposed Arlington Hills Plat "L"
• Subdivision. Said portion of the dirt road, more particularly
8 P!
DAz ///
•
described below, be, and the same hereby is closed and declared
no longer to be needed or available for use by the public as a
public thoroughfare subject to the conditions set forth below in
Section 2. Title to the City's interests therein shall be
reserved and retained by Salt Lake City Corporation.
Said existing dirt road of varying widths follows a
centerline more particularly described as:
Beginning at a point which is South 135.0 feet
from a point which is North 89°43' 25" East 1193.45
feet along the Section line from the Northwest
corner of Section 33, Township 1 North, Range 1
East, Salt Lake Base and Meridian; thence running j,-J�Ced
North 20°2451" West 191.52 feet; thence North ?Az
23°20 '38" East 40 .74 feet; thence North 29°03 ' 17"
East 50. 67 feet; thence North 7°40'49" West 95.74j`��
feet; thence North 6°29 '42" East 297 .58 feet;
• thence North 50011 '40" West 26. 14 feet; thence
North 86°29 ' 00" West 35.30 feet; thence South
37°42 '51" West 61 .46 feet; thence South 45°24 '33"
West 38 .98 feet; thence North 72*01 '51" West 22.97
feet; thence North 13°36 ' 27" West 51. 04 feet;
thence North 19054 '11" East 240.55 feet; thence
North 1°28' 50" East 99. 05 feet; thence North
18*41105" East 171 .44 feet; thence North 39°13 ' 32"
East 37.35 feet; thence North 25022 '59" East
177 .72 feet to a point on the Easterly proposed
Arlington Hills Plat "L" Subdivision boundary.
RESERVATIONS. Said closure is expressly made subject to any
and all existing right-of-ways and easements of all public
utilities of any and every description now located in, on, under
or over the confines of the above described property; and also
SUBJECT TO the rights of entries thereon for the purposes of
maintaining , altering, repairing , removing, or rerouting said
utilities and all of them without any obligation of the Grantor
• to restore slopes, landscaping or improvements thereon. Said
-2-
•
vacation is also SUBJECT TO the existing rights-of-ways or
easements of private third parties.
SECTION 2. Conditions subsequent. This ordinance, after
passage shall be published, but shall not be recorded nor shall
it become effective until the following conditions have been
satisfied according to the procedure set forth in Section 3 .
1. The petitioner shall be responsible to dedicate and
convey clear title to the City the following property interests
which shall be accepted as comparable value ( in lieu of monetary
compensation) for the City's interest in the easement:
(1 ) An unrestricted 30 foot easement to the City over
the existing roads located on petitioner's property which
• lay outside of the proposed boundary for the proposed
subdivision (Arlington Hills Plat "L" ) . The exact location
of said easement shall be described in a deed of easement
that shall be submitted prior to or concurrent with said
plat.
(2 ) A restricted 20 foot wide easement to the City for
the benefit of the City' s Public Utility Department, Fire
Department, other City agents and other public agencies
providing emergency care including the U.S. Forest Service
over the north and south portions of the subject road which
will remain in the field after the construction of a
homesite on Lot 4 of said subdivision. The easement is
• restricted for use by public agencies for purposes of
-3-
•
firefighting and providing emergency vehicle access into the
surrounding hillside areas. The exact location of the
easement will be identified and platted as part of the
proposed subdivision plat.
(3 ) A restricted 20 foot wide easement to the City for
the use of its parks and recreations programs. It shall
allow ingress and egress from Tomahawk for construction and
maintenance vehicles and equipment, etc. , to be used if and
when the City proceeds with development of any park or
recreation related facilities on the City' s property east of
Lot 4. Said easement, the exact location of which will be
platted on subdivision map, will generally be located on the
• southern portion of said lot and may follow along a portion
of the petitioner 's private driveway.
(4 ) Petitioner shall deed an acceptable specific
easement to Mountain Fuel Supply to reflect any portion of
the existing pipeline which traverses petitioner' s property
within and without of the subdivision, unless the same is
already reflected on a deeded easement.
(5 ) A 10 foot wide strip of property in fee between
Lots 1 and 2 of the proposed subdivision to be utilized and
improved as a pedestrian walkway at approximately 1405 East
on Tomahawk Drive for ingress and egress to the City' s
parcel north of Tomahawk Drive. Said walkway shall be
improved by the petitioner at his expense as part of the
-4-
•
bonded subdivision improvements of the proposed Plat "L" .
The walkway improvements contemplate a 6 foot high chainlink
fence or masonry wall to be constructed on each side
providing a common boundary and fence for with the abutting
lots. The walkway shall be designed with steel post
bollards and in an acceptable design to prevent vehicle or
motorcycle use of the pedestrian walkway that shall include
barriers at the street entrance.
SECTION 3. Effective date. After the date of its first
publication, this ordinance 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 City Attorney and the Planning Director
verify to the Mayor that the conditions subsequent have been
satisfied or provided for by executed agreement. Upon
verification of compliance, the Mayor may instruct the ordinance
to be recorded in conjunction with the platting of the proposed
Arlington Hills Subdivision final plat. However if the foregoing
conditions are not completed within 12 months from the date of
passage of this ordinance, this ordinance shall be null , void,
and of no effect; and thereafter no recording shall be allowed.
Passed by the City Council of Salt Lake City, Utah
this 4th day of September , 1984 .
CHAIRMAN
-5-
•
ATTEST:
n2jZZL::�
4YI RD R
Transmitted to the Mayor on September 4, 1984
Mayor 's action: 9/4/84
t
oR
ATTEST :
•
C T r'RI5ER
cc80
(SEAL)
Bill 56 of 1984
Published: September 12, 1984
(P 84-39)
i
-6-
� r
y 1
y - Affidavit of Publication ADM-35A
STATE OF UTAH,
SS.
County of Salt Lake
LT•LAKo CITY pp��p1N�M( E
.(Cl porfi not No.5llof19 .q y ,.j.ie....•.•...................................
p yAr@ScrII rnentin a dirt road Cher 1 Gierloff
ru Tdmahtlrq�1�Drive a►13eyp3 EEpgt)
SqDI NN�CLOSING A PORTION OF THE CITy'S
IPTI 'EASEMENT,IN A DIRT ROAD RUNNING
p XiFRpp c Q 'AWK pRIVE,590 NORTH)AT..AP-
A 1 Eic. 395S. ST 114 SALT L�K�CITY,UTAH.
fie C Cob cal: Safe lake CMyInte;Utah Hrlds attsr their
Or',
dirtrood,d scribe below' Being first duly sworn, deposes and says that he/she is
- ptive
o'•pf the dirt rood,described below,�
Into Plat L of fhe Arlington Hills
•-Subdivlslo:)istnot•` ' IsnatonpernecessarYforusebythe legal advertising clerk of the DESERET NEWS, a daily
public as u II way;that fhe closure of sold prescriptive
easempm itllthgeseryollonofcertainVsem"Onocondt. newspaper printed in the English language with general
Nons1�IIi tie dtivgrse t9 theaenero pub k's triterest;nor will,
ctost¢@re ifduish'�rterNtinafetheCy?;t�,rerest;ih'>h�under. circulation in Utah and published in Salt Lake City,lYlrg ope w ;epara)e bo�umems`or trppnfer. P
Ldip C of e R'o Weed pY City C aelf of Salt
S`ECIIbN 1'°� - �- Salt Lake County, in the State of Utah.
�4rs-aufhe�n po'tlofi of a isresct''Ptive ebse
�MOven irfr, WhjF,,tr4n5northfrg[{I`*o0oh;ft kDrive.
( Nwih apprp (m¢fely�3q t=astforp�proximCfty 1635
ro 4hen westquarterbf.�=1 33iT•1.N.R.IE.)istite That the legal notice of which a copy is attached hereto
suti(ecto'f petitibh ffp,400.181Tsubm d bv.DiQd A.Rick
as Parf:bf the gave jopnriem of,%6 Proposed Arlington Hilts Plat
"L";Subdivtslon.So�dportionOfthe'dihrte•rood;moreportfcuiary Salt Lake Cit Ordinance No. 56 of 1984
rweWlobe-p f i ;lose _a0d de-
d no 6eheeded 'a alabi8?bF�tfse(bY a bOc a ... tv.. .. ............
as. Pukb1#cl tfltl o�ahfare;sup tathpcottd forfhube--
IOKrd G ^2.Title .the,'�vitV 1d !~.sftplt be
re retaThad y Ldk'.41-!
eklsttnlf r�lrf r " a vdeV hQ wl s IoWs a center.
On particulary cribed as:
�jlna at a col which 15 135.0 from a
po2nt,,irhich is North 8R'43'25"1119
elS€ttionnne
from theNorthwest ••••,,,••,ment,in..a•dirt road xun1jing„r}or;' h..q.f,.p>Ahgytk
To nship 1 North,Rpnge 1 East Salt Ba§Cei,
Mr dtarr,.thenae rijt�n�iny North 26'24'511% estence Nerth:23'2038"East 40.7'4 t i.Norih'29'03'1T".Ea 0.67 feet thence North'7�40'49" ......Axe:ve.at..1.3��..fast..................................................I(Wegt 95.74 feef�iheh�e Norh�6�29'42"East 297•Sg feet•
North SO'fP:4pr West 26.14-fegf;fhences(foHti'
i. <$6129'00"West 35.3�feet fhe�ce South 37`42'S1E'°West
1:46 ff�e'egft;thence.SoiH�i 45 24'33" WWest'38.91;
}°.. Jtae.Nerth 7ro'51,1 est 22.97 feef-the '
1 T!"West S1.1 f W
tf4 eet thence North'19'54"�lti'Ea 1
440. feeh th6nce Nor{h 1.28'S0' East 99.05 feet
the te•Nor)h 18'41'OS"East 171.44 feet;thence North
39.13'3'R4EE 37.35 feet•thence North 2S'2$1591'East was published in said newspaper on..................................
T77.72 feef• o 4nolnt on4he Easterly Proposed Acting•
f' ton Hills plat""L'SubdIvisibn'boundary
p�y RESERVATIONS.SaidciosUreisexpresstymadesub(ecfto September 12 1984
Gtll d ail exlsHnp,rlbMrof-way and.eagehleritg Of qII public p
fill of any and�Yery descrlpn now locatetl in,on,under
or ov 'the confines of the above described properly and also
SUBJEZT TO the riahts.of entries thereon for the Pur-oses.of
maintaining,altering,reppaairtna,removtnpA,or rero rerouting said
utilities and all of them without any obllgd on of the Grantor to ............................................. T g
restore slopes landscaping or Improvements,thereon.-Sold va-- Lea A ASin lerk
taNan.ls__aplrsa� iUBJECT TO MepAstina rights=of,waYS or ease.
me Sgtpc�TtON 2.Conditions Subsheoquent.This ordlnonce,,after
fled0Mes oli vepunttilthhee olioWWai�.nQ cIl onditionshavveet�nsooft
fled,pceorIng�to1111, dcedur:2 forth in Section,3
1.the peflt�Oner shall be r nslbie to dedlcate and`c4c�
veY clear tmmee t8 ft�e City HSe following pr0Perty Interests which
s(wII be ocge as c able value(In Ileu Of monetary
cpmpensahon for-the Gty s infer�e5t In the easement
�?1(1)An unresh'Icfed 30 foot eusemeM to the t*fty over the
61�tQE Ofgealpt3�toc9ted-On npy ' Pt OPOSed i4 afVlSton
(Arllnafon HI)(s:Pi ))�The exod location f sold�W�bdS�ment
shall be described deed of egsemenf th*t sV1ajl bl su l feti 2 8 th
Prior to or toncdrrent'whh sold PI bre me this day of
(2)A reshiEted 20 foot wideeosemerif-to the Cltyfpr the
....................................................................
bengftf of the CMy s Pu IC IIMY Depdrhnebt,Fire oti ihrtm� nt
otherCMvpgeMs jd.' rPublic nclpsProvidinaemergen.
cv xare fl1lialudi fhe 4.5.Forestrvtce over the n ' and 84
south'Pdrflor?s'of a sub(edroad whlch will remain in thc'Ilela A.D. 19.8 ......
t Her the,conslruttl(ni of a tignresife on Lot 4 M sold subdlylsibn.
The eg3eme�N Is restricted"for use by Rubiic aa9nC�for t?ur.
poses b.flreftatrttnp d proVldlhg atneraency vehkle access
I�rto tlae surrountltng NIII' a Oreas;The exact ibcofjgn gf the.,
su
sObdiv S On Plat as pgrf of fhe propose, �
'� .. ....................................................
Notary Public
My Commission Expires -
..........March .... .................... J KI �
0.T. M
q p t
of
tt3)A restricted 20 . wide ih4 C}N for the
use of 4Parksand=o:%opta S H"3 lalia?NIn'�ress
and eyl e55 from To or con 1�and, Kane
vehlcles'q Ip. to,be.0 If.and,w aaCfeMdV
at ct'INeo Swtri+e City,
s r�gas ooparkt,p4,said a Meat,tfie
pe�kdctfloC£mon ot. Icn I be latted.on Hsu Ivi;dlon 610,'will
fo I I a oI"I �N� so oner�s p�iv�afte drtttvewnd may-
fRetlti 'hall gripto�ale sRo9ths+�itterd
to Mou In•1 QapiflV fl any on k sNnp
plpellnF which ges o)ierr8 41►aP4Y'w, in wJ1h-
6�F the Wild )�iUAIEs,'thosome Is a'reatlV r on q
do easeeni� {te,,g�}�r�P txpper�y In �}�ye�Lolls 1
�nd 2 gY ISdi"I r}tabeUNli ondimbfoVett(15
8 pedebirlan•�y''q Y at oximate)V S Fagt�n Toi1w -
hawk pave fotl In -Opda e�'s�s t�op fhe '3 pp�qrcel pf
Tomahawk Drive. dw Ikw ;ShblibgtrilprovgtitiV�:
tionerathlsexpe? e lhgbonde�5upa1Iy§IOFiI?�prdve-
AIeM;of the IN taf� The walkwaV.�mprovemeMs
tp- tppiafe0-6 cfalnli*�fenceor.rt sopry,yytalitobe
cons.'uC e-d on eac Arovidinp a commgn boundary and
fe for with the ob 1".The.walkwav shall be,destpned
vy t 4teel t Wolf In an dasipn to prevent
vehicle or msWoFCWC1, of the ion wglkwaV that shall
Include barriers at fhe eel enfi'ance.'
SECTION 9.Effectly@ After the date of Its firstpUblica�
tion,this ordipoce shall not b44ome effectlyguntitrecorded w th
Recorder of Salt Lake'Cou However e R older of ggppl�tt
Lake City Is Instructed npt fo record thin`a ce uAl City
AMomeY,andth-Plgnnitn%ts4torvgrNVtothe qav artMlfihe
Conditions subsegmuerA have been'safisfled or prgry co ibnitfor e,the
ytf�m i u,*,,Upon.
ItC dlnGncA bcb�aetl pHit s ubtllvlslonfilnalal
plat However If ry111feeRr�d ^ connditloonns are nakcompleted
WMI112momh5fromfother dafepfpg 0.eoifJ?fsordfnance,thls
ordingncg.sholl be null,void qnd o of no eftechr thleaNer no
reca'dina shall be allowed.; q '
Passed by the City Countil of Salt Lake City,Utph this 4th
doV of September,1984. Ronald J.Whitehead
CHAIRMAN
ATTEST:
Kathvrn Mors�jall
CITY RECORDER
trasmiffed to the"Mayor on September 4,1984 "!
Mayor's action:9/4/84 Te0 W llson
ATTEST:
11 AYOR
- -
Kathyrd Marshall -
CITY RECORDER
is�56 6f 1984
.P fished:September 12,1984
QV
A9@ _ ' -