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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@ _ ' -