056 of 2016 - Closing and vacating a portion of West Capitol Street adjacent to properties located at approximatel 3 19 44..2 A.
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S' - ;085 P ' 'D 52-9256
P"16-15 - = HELi -
00RDER _AI T LAKE COMM iItA
Si CITY RECORDER
SALT LAKE CITY ORDINANCE
No. 56 of 2016 _Fii.i LAP CITY
Y UT 84114
iCE:H; DEPUTY - WI . P.
(Closing and vacating a portion of West Capitol Street adjacent to
properties located at approximately 686 and 690 North West Capitol Street)
An ordinance closing and vacating a portion of West Capitol Street adjacent to properties
located at approximately 686 and 690 North West Capitol Street, pursuant to Petition No.
PLNPCM20 1 5-0043 8.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on December
9,2015 to consider a request made by Bruce Baird and Uterra Corp. Real Estate ("Applicants")
(Petition No. PLNPCM2015-00438)on behalf of the owner, 641 Victory, LLC, to close a portion
of West Capitol Street adjacent to properties located at approximately 686 and 690 North West
Capitol Street in order to accommodate a development project; and
WHEREAS, at its December 9, 2015 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS,the city council finds after holding a public hearing on this matter, that the
city's interest in the portion of city-owned public right-of-way described below is not presently
necessary for use by the public and that closing and vacating a portion of 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 City-Owned Right-of-Way. That a portion of West
Capitol Street adjacent to properties located at approximately 686 and 690 North West Capitol
Street, which is the subject of Petition No. PLNPCM2015-00438, and which is more particularly
described on Exhibit"A" attached hereto,hereby is, closed and vacated and declared not
presently necessary or available for public use.
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 is also subject
to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This proposed street closure and vacation is conditioned upon
the following:
1) The proposed method of disposition of the street property shall be consistent with
the method of disposition expressed in Chapter 2.58 — City Owned Real Property of
the Salt Lake City Code; and
2) Applicants shall comply with all city departmental comments concerning street
closure provided in the planning division staff report on this matter dated December
9, 2015.
3) Any retaining wall constructed along the east side of West Capitol Street in
conjunction with the proposed subdivision called Victory Road Twinhomes shall be
setback a minimum of two feet from the edge of the public right-of-way. The two foot
area between the right of way and the retaining wall shall be landscaped, maintained
and water for plantings provided by the property owners of the land in which the
landscaping is planted.
4) The subdivider of Victory Road Twinhomes shall ensure that plantings are provided
along the top of all retaining walls along the east side of West Capitol Street. The
subdivider shall ensure that water is provided to the plantings and the property
owners of the land on which the plantings are located maintain the landscaping.
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 as certified by the city's real property manager as to conditions 1 and 2 set forth in Section 3
herein.
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 16th day of
August , 2016. ___-------.7
C IRPERSON
ATT )
( •,
Y RECORDER
Transmitted to Mayor on August 30, 2016
Mayor's Action: Approved. Vetoed.
/ - 7 AYOR
Y RECORDER v'��racE cl��6�,+
i .• f,� APPROVED AS TO FORM
Salt Lake .ity Attorney's Office
• J
(SEAL) frr
Date:
s
Bill No. 56 of 2016. a,
h,,, A'['E �.��7 Pa C.Nielso , of rCity ttorney
-Alma
Published: FPhruary 12, 2020.
HB ATTY-#50964-v3-Ordinance_vacation.portion_of_W_Capitol_Street.DOCX
•
EXHIBIT "A"
Legal description of the portion of
West Capitol Street to be closed:
West Capitol Street Vacation (11.5' width)
Beginning at the Southwest Corner of Lot 6, CAPITOL VIEW, a subdivision of Lots 1,2, 3, 4, 5 and 6, Block
33 Plat "E", Salt Lake City Survey and running thence South 89°59'13" West 13.48 feet to a point 11.50
feet perpendicular to the Westerly Boundary Line of said Capitol View Subdivision; thence North
31°29'29" West 435.00 feet parallel to said Westerly Boundary Line of said Capitol View Subdivision;
thence North 89°59'13" East 13.48 feet to the Northwest Corner of Lot 22 of said Capitol View
Subdivision; thence South 31°29'29" East 435.00 feet along said Westerly Boundary Line of said Capitol
View Subdivision to the point of beginning. Contains 5,002 Square Feet or 0.115 Acres.
West Capitol Street Vacation—North (11.5'width)
Beginning at the Southwest Corner of Lot 23, CAPITOL VIEW, a subdivision of Lots 1,2, 3,4, 5 and 6,
Block 33 Plat "E", Salt Lake City Survey and running thence South 89°59'13" West 13.48 feet to a point
11.50 feet perpendicular to the Westerly Boundary Line of said Capitol View Subdivision; thence North
31°29'29" West 60.00 feet parallel to said Westerly Boundary Line of said Capitol View Subdivision;
thence North 89°59'13" East 13.48 feet to the Northwest Corner of said Capitol View Subdivision;
thence South 31°29'29" East 60.00 feet along said Westerly Boundary Line of said Capitol View
Subdivision to the point of beginning. Contains 690 Square Feet.
NICOLE SMEDLEY ,"' ""� ERIN MENDENHALL
CITY RECORDER'S OFFICE eN _- //. r% MAYOR
7 i r--n-
ilk:__-.F--.N
,.III........,,
CERTIFICATION
STATE OF UTAH,
City and County of Salt Lake,
I, Scott C. Crandall, Deputy City Recorder of Salt Lake City, Utah, do hereby
certify that this document is a full, true and correct copy of Ordinance 56 of 2016
closing and vacating a portion of West Capitol Street adjacent to properties located at
approximately 686 and 690 North West Capitol Street, pursuant to Petition No.
PLNPCM2015-00438.
Passed by City Council action of Salt Lake City, Utah on August 16, 2016.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
said City, this 11th day of February, 2020.
44*
``� '' r �'� De ty City Recorder, Salt Lake City, Utah
'':: a- .S�P<i
LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:801-535-7671 FAX:801-535-7681
0 16-1
P 16-15
SALT LAKE CITY ORDINANCE
No. 56 of 2016
(Closing and vacating a portion of West Capitol Street adjacent to
properties located at approximately 686 and 690 North West Capitol Street)
An ordinance closing and vacating a portion of West Capitol Street adjacent to properties
located at approximately 686 and 690 North West Capitol Street, pursuant to Petition No.
PLNPCM2015-00438.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on December
9, 2015 to consider a request made by Bruce Baird and Uterra Corp. Real Estate ("Applicants")
(Petition No. PLNPCM2015-00438) on behalf of the owner, 641 Victory, LLC,to close a portion
of West Capitol Street adjacent to properties located at approximately 686 and 690 North West
Capitol Street in order to accommodate a development project; and
WHEREAS, at its December 9, 2015 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the city council finds after holding a public hearing on this matter, that the
city's interest in the portion of city-owned public right-of-way described below is not presently
necessary for use by the public and that closing and vacating a portion of 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 City-Owned Right-of-Way. That a portion of West
Capitol Street adjacent to properties located at approximately 686 and 690 North West Capitol
Street, which is the subject of Petition No. PLNPCM2015-00438, and which is more particularly
described on Exhibit"A" attached hereto, hereby is, closed and vacated and declared not
presently necessary or available for public use.
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 is also subject
to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This proposed street closure and vacation is conditioned upon
the following:
1) The proposed method of disposition of the street property shall be consistent with
the method of disposition expressed in Chapter 2.58 — City Owned Real Property of
the Salt Lake City Code; and
2) Applicants shall comply with all city departmental comments concerning street
closure provided in the planning division staff report on this matter dated December
9, 2015.
3) Any retaining wall constructed along the east side of West Capitol Street in
conjunction with the proposed subdivision called Victory Road Twinhomes shall be
setback a minimum of two feet from the edge of the public right-of-way. The two foot
area between the right of way and the retaining wall shall be landscaped, maintained
and water for plantings provided by the property owners of the land in which the
landscaping is planted.
4) The subdivider of Victory Road Twinhomes shall ensure that plantings are provided
along the top of all retaining walls along the east side of West Capitol Street. The
subdivider shall ensure that water is provided to the plantings and the property
owners of the land on which the plantings are located maintain the landscaping.
•
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 as certified by the city's real property manager as to conditions 1 and 2 set forth in Section 3
herein.
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 16th day of
August , 2016.
C IRPERSON
ATT - r,/
id4 ( c'CY
Y RECORDER
Transmitted to Mayor on August 30, 2016 •
Mayor's Action: Approved. Vetoed.
AYOR
Y RECORDER ti '''' "
APPROVED AS TO FORM
';'',t,1 Salt Lake ity Attomey's Office
f lisarY - OCJ
e,s •
(SEAL) � :;. »,il„- „.: Dace:
O4V .' By
Bill No. 56 of 2016. �Rivre, �.r
k Pa C.Nielso r city Lorney
Published: February 12, 2020.
HB_ATTY-#50964-v3-Ordinance_vacation portion_of W_Capitol_Street.DOCX
EXHIBIT "A"
Legal description of the portion of
West Capitol Street to be closed:
West Capitol Street Vacation (11.5' width)
Beginning at the Southwest Corner of Lot 6, CAPITOL VIEW, a subdivision of Lots 1,2, 3, 4, 5 and 6, Block
33 Plat "E", Salt Lake City Survey and running thence South 89°59'13" West 13.48 feet to a point 11.50
feet perpendicular to the Westerly Boundary Line of said Capitol View Subdivision; thence North
31°29'29" West 435.00 feet parallel to said Westerly Boundary Line of said Capitol View Subdivision;
thence North 89°59'13" East 13.48 feet to the Northwest Corner of Lot 22 of said Capitol View
Subdivision; thence South 31°29'29" East 435.00 feet along said Westerly Boundary Line of said Capitol
View Subdivision to the point of beginning. Contains 5,002 Square Feet or 0.115 Acres.
West Capitol Street Vacation— North (11.5' width)
Beginning at the Southwest Corner of Lot 23, CAPITOL VIEW, a subdivision of Lots 1,2, 3, 4, 5 and 6,
Block 33 Plat "E", Salt Lake City Survey and running thence South 89°59'13" West 13.48 feet to a point
11.50 feet perpendicular to the Westerly Boundary Line of said Capitol View Subdivision; thence North
31°29'29" West 60.00 feet parallel to said Westerly Boundary Line of said Capitol View Subdivision;
thence North 89°59'13" East 13.48 feet to the Northwest Corner of said Capitol View Subdivision;
thence South 31°29'29" East 60.00 feet along said Westerly Boundary Line of said Capitol View
Subdivision to the point of beginning. Contains 690 Square Feet.