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060 of 1983 - Closing a portion of 200 North Street from approximately 500 West for 495 feet to 400 West STATE OF UTAH ss ! COUNTY OF SALT LAKE 1, Lynda. Domino. . . . . . • . . • . . . _ . . • . • • • • . . . . • . • . PenUt"City Recorder of Salt Lake City, Utah, do hereby certify that the attached. i S. a. .f1J 1., troe, and. cprrect• copy. of• Ordinance. 60. • • from 1983. closing. a. certain. portion. of. 200. North. Street, boNeen• 400• and. 500. West. . • . in. Salt. We. City.,. Utah.,. and. that. said. ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was duly approved and accepted by City Council/@4*MM Action of Salt Lake City, Utah,this day of. . September. . . . . . . . . . . . . . . . . . . . .A.D. 1983. . . C� IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake d , Otah, this. . . . 14th. . . . . . . .day of. . . September. . . . . . . . kt . . . . , A. 83. . Depy Recorder of Salt Lake City, Utah av f:.> c_y :K CA M C) N C.7 1-+ �3 9 4 f SALT LAKE CITY ORDINANCE z No. C0 of 1983 (Closing Certain Portion of 200 North Street Between 400 and 500 West in Salt Lake City, Utah) Y' AN ORDINANCE CLOSING A PORTION OF 200 NORTH STREET FROM APPROXIMATELY 500 WEST, PROCEEDING EASTWARD ALONG THE SOUTHERN BOUNDARY OF SAID STREET FOR APPROXIMATELY 495 FEET; SAID POINT BEING APPROXIMATELY 165 FEET WEST OF 400 WEST IN SALT LAKE CITY, UTAH. WHEREAS, the City has received a request by the Union Pacific Railroad, known as Petition 313 of 1982, requesting the closure of a certain portion of 200 North Street, located between 400 and 500 West in Salt Lake City, Utah; and WHEREAS, the City finds, after a public hearing, that the subject portion of 200 North Street proposed for closure is not and will not be needed for use by the public as a vehicular thoroughfare; that with the reservation of certain easements and conditions subsequent, the closure of said street will not be adverse to the general public 's interest, nor will it relinquish CP �z and terminate the City' s interest in the underlying property, cft CO without separate documents of transfer; and rta WHEREAS, it is the City ' s intention upon closure of said street to transfer to the petitioner, under separate document, Ci F-� the underlying property interest currently held by the City QD subject to certain terms and conditions, including the reservation of appropriate easements, conditions subsequent, and a right of reverter. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . A certain portion of 200 North Street located between 400 and 500 West, which is the subject of Petition No. 313 of 1982, which is more particularly described below, be, and the same is hereby CLOSED and declared no longer to be needed or available for public use as a public street, but title to City's interest therein shall be reserved and retained by Salt Lake City Corporation: COMMENCING at the Southwest Corner of Block 101 , Plat A, Salt Lake City Survey; thence running East along the north line of 200 North Street 402. 5 feet; thence South 34*51123" East 161 .85 feet to a point on the south line of 200 North Street, said point being 165 feet West of the Northeast Corner of Block 98, Plat A, Salt Lake City Survey; thence West along the south line of 200 J / 1 North Street 4. 95 feet to the northwest corner of said Block 98; thence North 131 .87 feet, more or less, to the point of beginning. RESERVATIONS. Said closure is expressly made SUBJECT TO all existing rights of way and easements of all public utilities of any and every description including the City's water and sewer c� facilities now located on, in, under or over the confines of the UY above-described property, if any; and ALSO SUBJECT TO the rights �G• of entry thereon for the purposes of maintaining, altering , =n N t repairing , removing or rerouting said utilities and all of them. to Said closure is SUBJECT TO any existing rights of way or. -2- easements of private third parties. Said closure is ALSO SUBJECT TO the City retaining a right of reverter to said property. Said property shall automatically revert to Salt Lake City Corporation if and when Union Pacific no longer uses said property solely and exclusively for railroad tracks. SECTION 2. CONDITIONS SUBSEQUENT. This ordinance, after passage, shall be published but shall not become effective until the following conditions subsequent have been satisfied: 1 . The retirement by Union Pacific of 14 tracks which currently cross 300 North Street, thereby reducing the number of Union Pacific tracks crossing 300 North from 21 to 7. The most westerly track owned by D&RGW will also remain. 2. Certain street improvements are anticipated by the City for 300 North Street. Ninety percent ( 90%) of the funding for said project will be provided by the federal government through a L ederal Railroad SaL 2ty L rojecE . n 1-en percent � i vv J -A.vcai rl"atcas is required for the project. In partial consideration of the closure of and transfer of title to, the above described portion C`J of 200 North Street, Union Pacific shall be responsible for and , M pay said 10% local match for said 300 North project. C 3. The refurbishing by Union Pacific of the 400 North right h7► of way, following the removal of the tracks, in order to match the existing elevation of 400 North, according to the minimum standards of City ordinance. -3- 4 . Barricades shall be installed by Union Pacific to preclude vehicular passage over the closed portion of 200 North Street at the locations and with in accordance with the specifications, previously provided by the City Transportation Engineer to Union Pacific. 5 . Upon installation and notification of the above- referenced barricades by Union Pacific, the City will then require Utah Power & Light Company to remove the two street lights on 200 North Street between 400 and 500 West Streets, and adjacent to the Union Pacific tracks. The street lights, however, at the intersection of 200 North and 400 West and 200 North and 500 West shall remain. 6. Union Pacific agrees to honor all easements for utilities which are now located in or under 200 North Street, and agrees not to disturb said easements without prior approval and authorization of the easement owner. 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 a, 3 Cy Salt Lake City Recorder is instructed not to record this CO Ordinance until the Mayor verifies that the conditions subsequent have been satisfied or provided for by executed agreement. Upon N verification and satisfaction the Mayor may transfer the property N h� to the petitioner and instruct the Recorder to record the ordinance concurrently with the transfer documents. However, if -4- 1 the foregoing conditions are not completed within 12 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 6th day of September 1983. CHAIRMAN ATTEST: 6SIVY RECORDER Tran mi tted to Mayor on September 6, 1983 i Mayor's Action: September 6, 1983 v R ' C7 ATTEST: C� alr=RAJ C"J r`:,• 1U iJ r(CdI `J SA Lake G'rtp (9, �d 57 Deter EC DER �r _.._.._..__.._.._... c) cm7 6 (S EAL) BILL 60 of 1983 Published,, September 22, 1983 M to C,3 ni m i r n yr -5- : - - -*—*� BILL 55 OF 1984** P 82-358 MICROFILNED SALT LAKE CITY ORDINANCE No. 60 of 1983 (Closing Certain Portion of 200 North Street Between 400 and 500 West in Salt Lake City, Utah) AN ORDINANCE CLOSING A PORTION OF 200 NORTH STREET FROM APPROXIMATELY 500 WEST, PROCEEDING EASTWARD ALONG THE SOUTHERN BOUNDARY OF SAID STREET FOR APPROXIMATELY 495 FEET; SAID POINT BEING APPROXIMATELY 165 FEET WEST OF 400 WEST IN SALT LAKE CITY, UTAH. WHEREAS, the City has received a request by the Union Pacific Railroad, known as Petition 313 of 1982, requesting the closure of a certain portion of 200 North Street, located between 400 and 500 West in Salt Lake City, Utah; and WHEREAS, the City finds, after a public hearing, that the subject portion of 200 North Street proposed for closure is not and will not be needed for use by the public as a vehicular thoroughfare; that with the reservation of certain easements and conditions subsequent, the closure of said street will not be adverse to the general public 's interest, nor will it relinquish and terminate the City' s interest in the underlying property, without separate documents of transfer; and WHEREAS, it is the City 's intention upon closure of said street to transfer to the petitioner, under separate document, the underlying property interest currently held by the City subject to certain terms and conditions, including the reservation of appropriate easements, conditions subsequent, and a right of reverter. NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . A certain portion of 200 North Street located between 400 and 500 West, which is the subject of Petition No. 313 of 1982 , which is more particularly described below, be, and the same is hereby CLOSED and declared no longer to be needed or available for public use as a public street, but title to City's interest therein shall be reserved and retained by Salt Lake City Corporation: COMMENCING at the Southwest Corner of Block 101 , Plat A, Salt Lake City Survey; thence running East along the north line of 200 North Street 402. 5 feet; thence South 34051123" East 161 .85 feet to a point on the south line of 200 North Street, said point being 165 feet West of the Northeast Corner of Block 98, Plat A, Salt Lake City Survey; thence West along the south line of 200 North Street 4. 95 feet to the northwest corner of said I Block 98; thence North 131 .87 feet, more or less, to the point of beginning. RESERVATIONS. Said closure is expressly made SUBJECT TO all existing rights of way and easements of all public utilities of any and every description including the City's water and sewer facilities 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 , removing or rerouting said utilities and all of them. Said closure is SUBJECT TO any existing rights of way or. -2- easements of private third parties. Said closure is ALSO SUBJECT TO the City retaining a right of reverter to said property. Said property shall automatically revert to Salt Lake City Corporation if and when Union Pacific no longer uses said property solely and exclusively for railroad tracks. SECTION 2. CONDITIONS SUBSEQUENT. This ordinance, after passage, shall be published but shall not become effective until the following conditions subsequent have been satisfied: 1 . The retirement by Union Pacific of 14 tracks which currently cross 300 North Street, thereby reducing the number of Union Pacific tracks crossing 300 North from 21 to 7. The most westerly track owned by D&RGW will also remain. 2. Certain street improvements are anticipated by the City for 300 North Street. Ninety percent ( 90% ) of the funding for said project will be provided by the federal government through a Federal Railroad Safety Project. A ten percent ( 100 ) local match is required for the project. In partial consideration of the closure of and transfer of title to, the above described portion of 200 North Street, Union Pacific shall be responsible for and pay said 10% local match for said 300 North project. 3. The refurbishing by Union Pacific of the 400 North right of way , following the removal of the tracks, in order to match the existing elevation of 400 North, according to the minimum standards of City ordinance. -3- 4. Barricades shall be installed by Union Pacific to preclude vehicular passage over the closed portion of 200 North Street at the locations and with in accordance with the specifications, previously provided by the City Transportation Engineer to Union Pacific. 5 . Upon installation and notification of the above- referenced barricades by Union Pacific, the City will then require Utah Power & Light Company to remove the two street lights on 200 North Street between 400 and 500 West Streets, and adjacent to the Union Pacific tracks. The street lights, however, at the intersection of 200 North and 400 West and 200 North and 500 West shall remain. 6. Union Pacific agrees to honor all easements for utilities which are now located in or under 200 North Street, and agrees not to disturb said easements without prior approval and authorization of the easement owner. 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 Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor verifies that the conditions subsequent have been satisfied or provided for by executed agreement. Upon verification and satisfaction the Mayor may transfer the property to the petitioner and instruct the Recorder to record the ordinance concurrently with the transfer documents. However, if -4- a; the foregoing conditions are not completed within 12 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 6th day of September , 1983. CHAIRMAN ATTEST: I Y RECORDER Transmitted to Mayor on September 6, 1983 Mayor' s Action: September 6, 1983 000 Y R ATTEST: APPRovrn A5 TO FORM Sab lake Ci9-y Affc oy's 11wo Dale EC D ER gy _.._.._..__......_... cm76 (S EAL) BILL 60 of 1983 Published,, September 22,d 1983 —5— uC'lti ity r �:� Affidavit of Publication STATE OF UTAH, County Of Salt Lake ss. - .�TYAKE NTYO UINANC! ` Ne.wd1+� Cher.l Gerloff SirNt Between M0 �'. '., �. .... ...... ICwafm Cerfaln Perflead Narfh s0irikt kt qN ORDINANC CL pC �NpRTH STREET'PROM AP O TEIY T PR EEDING TEAARR F�EEEO ARcA$l rLX�OrtI N qauaA.7CTTA R�HYtL,h uas r TF`HEI vEedTW a Er T tOM�f tqoYYo tW'OhaFE SUSnI 1N1NDBeln g first duly sworn deposes es and says that he is legal lent advertising clerk of ,the DESERET NEWS, a daily wnni6e k ew a.Pa7tgp n 31a d°$ei'ewesflrq he (except Sunday) newspaper printed in the °'hbsCBf°SaIDfOukeCW. 1ot°�atl-Datwth language with English fines,enter s publk f� mfN� general circulation III m eddep2w North sneer wPPwae.a for we r Is her a d Utah, and `° iWlhwlrq,U.bythembiI aeeVN Iart PaNm published in Salt Lake City, a.it Ma State of Utah. . Salt Lake County, in the 1 the closu a of seltl street will n Ifl sheered to f al Pbd( I latest,rid III If rellrgnleN lane tAminate 1 yltereN m and un rIvIm waPeAY,.1#"~A% a d harderi sw 'unGeny�O'pr� rM l aI" ra �Y n.lw,a..�; That the legal notice of which a copy is attached hereto :ilertpIn terms arw ranrlINpr,MI Ino, e.Nphs swro 'Prlal�ap°yyt.R�cpMINI-°,°=a`uM'equ°'d„�`�v'+Mti•` ". •a ..............Sa1t.Lake Cit_ Ord�nance,.No,..60 of 1983 _ IC Ll,'al�aa•CNY,Uf IiP.O,R' aV , ........r........'.. S•SECTION 1.A. sin oat d 2w Norm'S koated .... ........... ofmY,h00mN°1.Lmor�°`rD;'r1 UidercOY"man9tllI biliow}pam am d13 Closin cextain portion of 200 North St. avairage he wbikOi sea°°a puWliaef00freant°,6d° Hertoq i °• .........g........`M.t` ............................ est therein shell ba meeI is retained by Salt Lake Iry Cot• ofk 1111. .............. ., ,.. ri ,.,.0.0... West...7ri..S.al.terAA. o - he 'Al.raI�SLInmMNorthIafEdoth fit go 402.5 Fear franc. ..�,a7te..t<ity......west a tits North NL skald�MtBhshwiit 11y Nweym,emaen Os /1 ............................................................................................................... !N CSfr°SVetrvNS teal to N al t soli of�paa44 Block.1 mane North 131.87 fad;rlbM or loss,te'.Me ,,,,.„.....................................................,e1Md p@py��Myypp. �vEaERvbnTIIM'8. wclP ra 1{ekpMaN mede$UEJF-C7 "'���•�����•��................................... TO all eYla"m rghta waY ar eppantxnN d all.Wblk dlllfiee cl any ant every sfescrbtlon lMlVtllm the Ckr'f waMr and.sawer was pabllShed In said newspaper facilities now located on,In,urwer or over the anfiros�d the on......................................... -abwedescribod property,If any;and ALSO SUED CT TO the Aghta d Bmry thereon for the Wrown d melMaln mHnp, new titer,removlm or reryyotlno sold 011ltles, all tuft m. September 22 1983 slaw closure IS sUBJECT TD any eYlstim rights d wet a ....................7.......................... amemeMs of Private mirtl ppaarties. ........................................... Sew cIp4,Xe Is ALSO SV BJEC7 TO the CI1fys•retelNm a rlaM d reverter to aw proper Saw Properh dull BUfema11lcelly fevart to Salt lake City C°roarld n.if and When Union PaeHle rse ........................................................ lorwer e.ec told Procerhy solely and ekcWewelY far railroad hack.. �galdve--.7j . .. SECTION 2.CONDITIONS SUBSEQUENT.This ordinance, ' aHer Passage,shell b,ppuudlelNO buret i ,,ba onk effetlfw Lisin ern ,, until BMtellOw{nl coedlliona subseauanlhave been caattlefled: 1.The reIf _rat by UMg1 PMiflc d le tacks cur- renflY cress 3w North Sfreei,IMreM red°clnp NN n r of Union Pacific hacks croaa{rg 4 Norm from 21 to 7. rnorf westerl�a°iksireal lm1.1ADLsme fh 11 aimrkPaitn.by the Cih br re me this................................5th 3w Norm Street.Nlneh poeyranI(1B%1 opfolVpMr tundlny ror said ...........-..................................day of Fe I-,Will rbe°ed$ifah Protect.Af PercMt 110%1)o a anal C*h Ic reached(or Rte woletl.In larfl.1 arIldo an d Ins own ....A•D. 19.$3.... Sf and transfer of title to,me above da.cri-poriI a W Norm heet Union Pad}I`emit he regronsl 1.iw erw M se d 10% local mekh for geld 300 Norm Protect. 3.The rel",him by Union Pe illic d tte 400 Norm right of waY,followlm,the removal of the track.,In order to match the / dated-elevation d 400 NWM,ac"P"I"to the m(rdMm start ardsof Cltyordln°nnacq, . l Eerrla0ee stall be Installed by Unkn Peclfic to weclude ��`_�, vehkular aeaeaga over the closed rortwn of 3s7r0�allorM pS1%."t et ................ :..... ,l�L ..�::� :.:.L�.................. Iwlsol Provided bY#�IIY NMIm EMInReB°tr It°UMM PPacifk. Notary Public S.NDOn inalallali0n and mtificatlon d 1M move refarenad herrlCaQe6 by Union Paciflb EM Clir w711 lino r w Ul ATTEST --- Power L,%COmPinY 10 rgnmy MO Iwe Nroet I ghfa on 1(TTEST MAR9HALL North Street between 40 rat S70 NWf Straela and edlacarrf CITY RECORDER the Union Paclik tacks:Tile great lights,'N.1r,d%ryaS IMIr- Trolttm{Hed te MaYoron SeDiMaar 6,19w se .of w0 Nor-and aog West and 200 NarM end!00 yVeet shelf remain. MayerB Action:Sedam11er 6,19a3 7E0 WIL�N 6.Unior.on Padflcnew aRe.B ro Ilorlor all eetemHm ter VaIIpIRaIMy R i an to dist°rbsiddeetalMnMM6 Wbhpd Wl MTrlhwoVVai W.antl aolllq'1•- VTHNYN MARSHALL O °t SECTION 7. E"ME DATE.This Ortllmnae,after M° CITY RECORDER date of Ifs Brst pablkdian shell ant beCOnle efNmve utltit re• (SEAL) anted with the Ratpder tl�Beb�W CWMY.Hwever,ins SeR BILL w d IM Lake CUr Reco r is Instruct ant te 1—al Mle or01nena Published:Sedemmr 27,im Mil the Mayer verlHes thet ins aMRlans sube.WpM have been a.al - _ titlsfled Pr provided kr by esauted eg .upon vON/ins• -�"-'— ;1; ns and Nfitlatl(on the YOr AIs4 IrNnfer woPerry to Ihe l l Pefilloner land Inalnwi Me Rarnrder to record the oral genes cm- wrentty with Me transfer a§However.If the foragdng carwHlons n not amPl9�ed.ate n 1 Mihe Irom ttry1tee tit". eh d Pa.ease,m4e Or0lnanc0 atlell m null volE era d no eHetl ana m f 8C V AZ"bMIN. Ibal dayofbd",C13 ut Lake City,Utah hlH am }. . } GRA[MAIRM�N ADM 35A