057 of 2017 - Vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue adjacent t 0 17-1 i38/16:/2018 „9,05 AM . =0 00
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RECORDER, SALT
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_L vI?'Y RECORDER
PO BOX 45 5
i4LT AKE CI TY UT 34114
BY: BRH? DEPUTY - 16 P.
SALT LAKE CITY ORDINANCE
No. 57 of 2017
(Vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue
adjacent to property located at 408 West Dalton Avenue)
An ordinance vacating two unnamed city-owned alleys and closing an unimproved
portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue,pursuant to
Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on April 12,
2017 to consider a request made by Justin Kimball on behalf of 1030 Salt Lake City, LLC
("Applicant") (Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088) to vacate two
unnamed, city-owned alleys located adjacent to 408 West Dalton Avenue and to close an
unimproved portion of Dalton Avenue adjacent to 408 West Dalton Avenue; and
WHEREAS, at its April 12, 2017 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petitions 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 city-owned alleys and portion of Dalton Avenue described below are not
presently necessary for use by the public and that vacating the alleys described below and
closing the portion of Dalton Avenue described below 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. Vacating City-Owned Alleys. That two unnamed, city-owned alleys
located adjacent to 408 West Dalton Avenue, which is the subject of Petition No.
PLNPCM2017-00087, 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. Closing City-Owned Right-of-Way. That a portion of Dalton Avenue
adjacent to 408 Dalton Avenue, which is the subject of Petition No. PLNPCM2017-00088, and
which is more particularly described on Exhibit "B" attached hereto, hereby is, closed as a public
street and declared not presently necessary or available for use as a public right-of-way.
SECTION 3. Reservations and Disclaimers. The above closure and vacations are
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 these rights-of-way, 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 vacations are also subject to any existing rights-of-way or easements of private third parties.
SECTION 4. Condition. These proposed alley vacations and partial street closure are
conditioned upon the following:
1) All abutting parcels must be consolidated in such a way that none are left land locked
due to the alley vacations and street closure. No building permits can be issued until
the parcels are consolidated.
SECTION 5. 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 director of the Salt Lake City Planning Division.
SECTION 6. 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 17 day of
October , 2017.
CHAIRP
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CITY RECORDER
Transmitted to Mayor on October 18, 2017
f Mayor's Action: Vo Approved. Vetoed.
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MAYOR Ati_aes. ern
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CITY RECORDER !ric 4 G�,y'�'+,
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(SEAL) �NvPAo Pv;' Date: / /
Bill No. 57 of 2017. P I C.Nielson or City Attorney
Published: August 15, 2018.
HB_ATTY-#61 I 92-v I-Ordinance_vacating_alleys_and_closing_street_408_W_Dalton.docx
EXHIBIT "A"
COMBINED LEGAL DESCRIPTION OF THE SUBJECT ALLEYS
That portion of the 12.9 foot(north/south) alley way which lies South of the south right of way
and no access line of Interstate 15 (UDOT Project No. 1 01-7(3)), and that portion of the 12.6
foot (east/west) alley way which lies east of said right of way as created by Dolan's Subdivision,
being a part of Block 24, Five Acre Plat A, Big Field Survey, recorded in the office of the Salt
Lake County Recorder as Entry No. 40995, in Book C of Plats, at Page 120 of official records,
being more particularly described as follows:
Beginning at the southwest corner of Lot 3, Dolan's Subdivision and running thence south along
the west lines of Lots 3 through 9 conclusive, of said subdivision 159.8 feet to the southwest
corner of Lot 9; thence West 12.9' to the west line of said alley way and the southeast corner of
Lot 10; thence North along said west line 116.0 feet to the northeast corner of said Lot 10; thence
West along the north line of said Lot 10 and Lot 11 40.0 feet more or less to the easterly right of
way and no access line of said Interstate 15; thence northeasterly along said line 17.0 feet to the
south line of Lot 47 said subdivision; thence east along the south line of said Lot 47 and Lot 48,
28.6 feet to the southeast corner of said Lot 48; thence north along the east line of Lot 48, 31.7
feet more or less to the south right of way, no access line of said Interstate 15, thence
northeasterly along said line 19.3 feet more or less to the west line of said Lot 3; thence South
along said west line 14.8 feet to the point of beginning.
Contains 2,593 sq. ft. or 0.0595 acres.
EXHIBIT "B"
DALTON AVENUE CLOSURE DESCRIPTION
That portion of Dalton Avenue (Also known as Fitzgerald Street per the 1891 dedication plat)
being a thirty three foot (33') public right of way, which lies west of 400 West Street and east of
the east right-of-way and no access line of Interstate I-15 (UDOT Project Number 1 01-7(3)), as
created by Dolan's Subdivision, being a Part of Block 24, Five Acre Plat A, Big Field Survey,
recorded in the office of the Salt Lake County Recorder as Entry No. 40995, in Book C of Plats,
at Page 120 of official records, being more particularly described as follows:
Beginning at the Southeast corner of Lot 9, Dolan's Subdivision and running thence South 33.00
feet; thence West 240.10 feet more or less to the east right of way line of Interstate 15, thence
North 5°46'29" East along said line 33.17 feet; thence East 236.76 feet more or less to the point
of beginning.
Contains 7,872 sq. ft. or 0.180 acres.
CINDI L. MANSELL JACQUELINE M. BISKUPSKI
CITY RECORDER ?•\. \'\ I// MAYOR
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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 57 of 2017
vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton
Avenue adjacent to property located at 408 West Dalton Avenue, pursuant to Petition
Nos. PLNPCM2017-00087 and PLNPCM2017-00088.
Passed by City Council action of Salt Lake City, Utah on October 17, 2017.
IN WITNESS WHEREOF, I have hereunto set my and affixed the cor orate seal of
said City, this 13th day of August, 2018.
....., .------..•..N cer,6-
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0 D City Recorder, Salt Lake City, Utah
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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 17-1
P 17-28
SALT LAKE CITY ORDINANCE
No. 57 of 2017
(Vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue
adjacent to property located at 408 West Dalton Avenue)
An ordinance vacating two unnamed city-owned alleys and closing an unimproved
portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue, pursuant to
Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on April 12,
2017 to consider a request made by Justin Kimball on behalf of 1030 Salt Lake City, LLC
("Applicant") (Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088)to vacate two
unnamed, city-owned alleys located adjacent to 408 West Dalton Avenue and to close an
unimproved portion of Dalton Avenue adjacent to 408 West Dalton Avenue; and
WHEREAS, at its April 12,2017 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petitions 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 city-owned alleys and portion of Dalton Avenue described below are not
presently necessary for use by the public and that vacating the alleys described below and
closing the portion of Dalton Avenue described below 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. Vacating City-Owned Alleys. That two unnamed, city-owned alleys
located adjacent to 408 West Dalton Avenue, which is the subject of Petition No.
PLNPCM2017-00087, 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. Closing City-Owned Right-of-Way. That a portion of Dalton Avenue
adjacent to 408 Dalton Avenue, which is the subject of Petition No. PLNPCM2017-00088, and
which is more particularly described on Exhibit"B" attached hereto, hereby is, closed as a public
street and declared not presently necessary or available for use as a public right-of-way.
SECTION 3. Reservations and Disclaimers. The above closure and vacations are
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 these rights-of-way, 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 vacations are also subject to any existing rights-of-way or easements of private third parties.
SECTION 4. Condition. These proposed alley vacations and partial street closure are
conditioned upon the following:
1) All abutting parcels must be consolidated in such a way that none are left land locked
due to the alley vacations and street closure. No building permits can be issued until
the parcels are consolidated.
SECTION 5. 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 director of the Salt Lake City Planning Division.
SECTION 6. 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 17 day of
October , 2017.
CHAIRP
TES
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CITY RECORDER
Transmitted to Mayor on October 18, 2017
Mayor's Action: V Approved. Vetoed.
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MAYOR 'Lair Ti
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CITY RECORDER �� ,
APPROVED AS TO FORM
Salt Lake City Attorney's Office
(SEAL) nA it
.�� t,V Date:
By:
Bill No. 5 7 of 2017. P I C.Nielson or City Attorney
Published:
HB_ATTY-#6 1 192-v I-Ordinance_vacating_alleys_and_closing_street_408_W_Dalton.docx
EXHIBIT "A"
COMBINED LEGAL DESCRIPTION OF THE SUBJECT ALLEYS
That portion of the 12.9 foot(north/south) alley way which lies South of the south right of way
and no access line of Interstate 15 (UDOT Project No. 1 01-7(3)), and that portion of the 12.6
foot (east/west) alley way which lies east of said right of way as created by Dolan's Subdivision,
being a part of Block 24, Five Acre Plat A, Big Field Survey, recorded in the office of the Salt
Lake County Recorder as Entry No. 40995, in Book C of Plats, at Page 120 of official records,
being more particularly described as follows:
Beginning at the southwest corner of Lot 3, Dolan's Subdivision and running thence south along
the west lines of Lots 3 through 9 conclusive, of said subdivision 159.8 feet to the southwest
corner of Lot 9; thence West 12.9' to the west line of said alley way and the southeast corner of
Lot 10; thence North along said west line 116.0 feet to the northeast corner of said Lot 10; thence
West along the north line of said Lot 10 and Lot 11 40.0 feet more or less to the easterly right of
way and no access line of said Interstate 15; thence northeasterly along said line 17.0 feet to the
south line of Lot 47 said subdivision; thence east along the south line of said Lot 47 and Lot 48,
28.6 feet to the southeast corner of said Lot 48; thence north along the east line of Lot 48, 31.7
feet more or less to the south right of way, no access line of said Interstate 15, thence
northeasterly along said line 19.3 feet more or less to the west line of said Lot 3; thence South
along said west line 14.8 feet to the point of beginning.
Contains 2,593 sq. ft. or 0.0595 acres.
EXHIBIT "B"
DALTON AVENUE CLOSURE DESCRIPTION
That portion of Dalton Avenue (Also known as Fitzgerald Street per the 1891 dedication plat)
being a thirty three foot (33') public right of way, which lies west of 400 West Street and east of
the east right-of-way and no access line of Interstate I-15 (UDOT Project Number 1 01-7(3)), as
created by Dolan's Subdivision, being a Part of Block 24, Five Acre Plat A, Big Field Survey,
recorded in the office of the Salt Lake County Recorder as Entry No. 40995, in Book C of Plats,
at Page 120 of official records, being more particularly described as follows:
Beginning at the Southeast corner of Lot 9, Dolan's Subdivision and running thence South 33.00
feet; thence West 240.10 feet more or less to the east right of way line of Interstate 15, thence
North 5°46'29"East along said line 33.17 feet; thence East 236.76 feet more or less to the point
of beginning.
Contains 7,872 sq. ft. or 0.180 acres.