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066 of 1984 - Closure of Dresden Place - Running East from 900 East at approximately 525 South to approximately 97 P 84-44 SALT LAKE CITY ORDINANCE No. Cr, of 1984 (Closure of Dresden Place ) AN ORDINANCE CLOSING DRESDEN PLACE AS IT RUNS EAST FROM 900 EAST AT APPROXIMATELY 525 SOUTH TO APPROXIMATELY 975 EAST IN SA1,T LAKE CITY, AND AUTHORIZING THE RELOCATION OF THE SALT LAKE JOPDAN CANAL IN SALT LAKE CITY , UTAH, WITH CONDITIONS SUBSEQUENT. RECITALS A. The City has received a request by Lancom, Inc. , as the agent .for Vantage Corporation, known as Petition No. 400-191 of 1984 , requesting the vacation of Dresden Place, the relocation of the Salt Lake and Jordan Canal , the redesign of a substitute street system, and the transfer of any portions of City property not within the street system or canal easement to Vantage. B . The City finds, after public hearing , that Dresden Place is not be needed for use by the public for vehicular_ thoroughfares if the project is redesigned with a substitute street system as proposed. Conseauently, approval of closure in lieu of vacation of Dresden Place, as ( it lies between 900 to 975 East at approximately 525 South, together with allowing (a) street redesign as a private street; (b) use under revocable permit of the Salt Lake and Jordan Canal for landscaping purposes under revocable permit, and transfer of surplus land not within the streets and canal easements for market value may be appropriate procedures in this instant with reservations of By .�. DAT `�� certain easements and conditions subsequent. The closure of said street will not be adverse to _general public 's interest in thoroughfares, nor will it relinquish and terminate the City' s interest in the underlying property, without separate documents of transfer. C . It is the City ' s intention upon closure of Dresden Place to make available , under separate document, the City's underlying property interest to the petitioner, subject to certain terms, conditions subsequent and reservations of appropriate easements. NOW, TUEREFORE, Be it ordained by the City Council of Salt Lake City, _Utah: SECTION 1 . Dresden Place, as it begins at approximately 525 South at 900 East and runs east and northeast to approximately 975 East, the subject of Petition No. 400-191 of 1984, is more particularly described below. Said street is hereby CLOSED and declared no longer to be needed or available for use as a public street, but the title to the City's interest therein shall be reserved and retained by Salt Lake City Corporation until a formal conveyance under separate document contemplated hereunder: Street closure of Dresden Place running east at approxi- mately 525 South from 900 East: PARCEL NO. 1 . (Western leg of Dresden--16.5 feet by 210 feet. ) Beginning at a point which is 82 .5 feet north of , 4 the southwest corner of Lot 3, block 28, Plat B, Salt Lake City Survey; and running thence East 214 .5 feet; ►� thence North 19° 30 ' West 17 .504 feet; thence West 208 .657 feet; thence South 16 .5 feet to the point of beginning. -2- Together with the following parcel: (Northeastern leg of Dresden--25 feet by approximately 360 feet. ) L Beginning at a point which is 82 .5 feet North and 214 .5 '?a� feet East of the southwest corner of Lot 3, Block 28, Plat B, Salt Lake City Survey; and running thence North 62°51 '02" East 48 .65 feet; thence North 50° 12 ' 05" East 351 .80 feet; thence West 43.82 feet; thence South 50 °12 '05" West 359.212 feet; thence South 19*30 ' East 18.641 feet to the point of beginning . RESERVATIONS. Said closure is expressly made: SUBJECT TO all existing rights of ways and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-described property; and ALSO SUBJECT TO the rights of entry thereon for the purpose of maintaining, altering , repairing , removing , or rerouting said utilities and all of them without any obligation to restore landscaping to the prior condition. Said closure is also made SUBJECT TO existing rights of ways or entries of private third parties. SECTION 2. This ordinance, after passage, shall be published but shall not become effective until the following conditions have been satisfied : ( 1 ) Before any transfer may occur, the City must receive payment of the fair-market value of the property within the street, and arrange for the acquisition of the City' s abutting parcel through which the Salt Lake and Jordan Canal traverses, plus reimbursement of out-of-pocket appraisal fees born by the City. -3- (2 ) The petitioner at its expense must design and construct to City engineering 's specifications, a substitute road system to replace the existing right of way. Said road improvements shall be bonded and constructed in the field at petitioner' s expense. If the street is to remain a private cul-de-sac at the engineer's recommendation, the petitioner will be obligated to remove, at its expense, any signage and street lighting presently owned by the City. Easements shall be retained to provide access and services to any homes that are not removed by the petitioner, as part of its development project. (3 ) The existing Salt Lake and Jordan Canal is presently used for storm water, but Dresden Place contains existinq services that will be needed to be used for sewer, water and other utilities. An easement over Dresden Place will be retained for the existing services. However, petitioner is authorized to propose the relocation of such services, but it will be required to bear the costs therefore. Such easement shall be preserved as long as there are any existing homes on the street that are not demolished . (4 ) The petitioner shall be responsible to install all necessary watermains and hydrants, as approved by the Department of Public Utilities, as required for construction of such utilities in a private or public street. (5 ) The City shall reserve, along the length of the Salt Lake and Jordan Canal, an easement to provide continued use and -4- access to be respected throughout the proposed project. Said canal must be located in the field by the petitioner and charted for identification purposes. No structures or work shall be approved within the reserved easement. 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 submit this ordinance for recording until the Mayor verifies that the conditions subsequent have been satisfied or provided for by executed agreement. Upon verification of satisfaction of terms by the Finance, Public Utilities, and Engineering Departments, and the City Attorney , the Mayor may transfer the property to the petitioner pursuant to the terms herein and instruct the City Recorder to record the ordinance concurrently with the transfer documents. However, if the foregoing conditions are not completed within twelve ( 12 ) months from the date of passage, this ordinance shall be null , void , of no effect, and no recording thereafter shall occur. Passed by the City Council of Salt Lake City, Utah, this 6th day of November , 1984. C MAN -5- ATTEST: r Titted REC RDER Tr to Mayor on November 6, 1984 Mayor's Action: November 6, 1984 MAYOR ATTEST: "3 I RECORDER cm9 7 (SEtL) 84 Bill-- — of 19 Published: November 21 , 1984 —6— J d Affidavit of Publication ADM 35A STATE OF UTAH, SS. County of Salt Lake �E6TY W A yt�.. , °R a NCE �t `"`" ' Chervl Gierloff 11�pf 10 - QROIFtCL OSIPG:Osj 1NI I LY 4�5 EAST �K� ND A7U#QUE REL Co, O1E F�- ,4 IQJi¢AN IN�LAK CiTY,'IJT4jd,,MTH O)OF pt�V1 SUB p I+Yhasfeceiyed9rdg estpylaricotny9rit:`a¢�"r Being first duly sworn, deposes and says that he/she is "; �"' ,e�+' o► Yq . "'a;o°asdqaP 'g�t"�pt��r° a legal advertising clerk of the DESERET NEWS, a daily Nth baB Lake and' I;.,e r destgtj o+�ti�d *ft 5ftrr@gwgysf�m;bnnns and on_ 1, ARgor,cm��ope0v newspaper printed in the English language with general ndt within fhe ee+ev9tpm qn�y�;eo'seq�en+ro v , published i ri Salt Lake City, -&TtmCIH pds,9ff4(p ci5@Yx'lhp�ttol*egden c�eJs circulation in Utah and A���e�dei, S@RY;IIISPa Sf�f �a�I� his. 'il a prolect`ik�iin �a su �streetivsptgm-s Salt Lake Count in the State of Utah. pY sedi Cons�qque V! rSvat.Qf clas I 'p y I y, Dresden Place>as(I'M etw n oQI y,523Sput►+�fp�gether,w"'alow[ r, nbsXa etre@t(p5 use un rev le" 1f @ erda�1+anal far " `Il lhp riot That the legal notice of which a copy is attached hereto R; dd*ansflr'd :�c@s�}lts for y-1�ie• Abe. rateace•. 151tnf W !N. ons 4 n,egsemelfls and , Condltionk ppp;eatuf . el¢sMre;of ,e�-wA4 nol.be ..........Salt.Lake.-City.Ordi;nante.X.0-6.6..of.1984........ wMerseto,geoerolpup csint @stto.. ugh, as,nor will it rellrigulsh and terminate the If1!S-hi+e�@s+;,tn Uie,und@rlying I property wlfg �lJMenfs.ol out'separa7edo ,transf :;=u .,-G«lf(s` Pclty,'s.hltgationLparrfld�uce:ofD, ns @?o mdke-v I t pflderseporate d9.cutne2t�fh� v- C�S� t �..P. .A��`wC��Tl..��s�>vS;................................... Ing' re41 tb the pettiiBrieF aPPr ms, plis ubsequenf and reserJi>�fq p. ease- t= t1iPPEFOREit�e It ordaito bythe.t"'It"ile i af ............................................................................................. SRIf 4d[e kl� Htoht • SECTIO Or�'sdeft Place,a5'IfJ7@pi0s+7tydproklmateiv s ? t1sr; nd eUns t and• to'approx �t $�, :180 � ............................................................................................. Y 97ufpr�iv� .'Sutbea bPe �"sa `F.str tf hlrtlY an -I Ab longer.to bviledd or-v le'foc'use• ubiic street,butthett leto the Citlt'.S'I therelh'shdli ved ottd retalned.bV Salt Loke'CltyF, do Until d, iaoove under separate docume ,,Oo ............................................................... tr cl�osur Q`Ores East lace rUi q�hT' J".*4dt3prW . 9900 ,�w ,��' f ofb was published in said newspaper on.................................. iyest corn -f I ot.3;':816c 28,!P.iat.$,• M e Survey and running thence East 214,5 felt thence North 19�30' west 171504-feet;then ,wes{ November 21, 1984 .......................................................................... 4e208.657feehthenceSouth=16SfeettothepolrH.o begin• � 'ning. / Together with the following'parcel:(North@- of fZresden--25 feet by approxlmateiv 360 feet 1p=. nln9 al a pohft which is 82.5 feet North and 214.5eet, East of the southwest-corner of LoY3,Block 29,,Plat 13, T Salt Lpke City Survey, and running thencel North" Legal I dv ising CI 62'51'02"East 48.65 fee',thence North 50'12'05"East 335110.teef, thence West 43.8? feet; thence Sg 50'UTS"West 359.212 feet;thence South 19'30 East , .10.641 feet to th@'poli#of begl11'ning.- + '! , ' 'RESERVATIONS. Sold closur8 is expressly mdo,-SUB- JECT.TQ all exlsting'rights of whdyys and easements of—f(pubirc. utilities of any.and every deserlptlon now to4ated on,tn,.under or over the confines of the above-described property;and ALSO SUBJECT TO the rights of entry thereon,for the purpose malMa nln%,altering,repoleing,removing or rerquting 5a d utilities and all of them w out any obilgat�on to restore land- Stapin to t@.p[tor Coe on. ways or eMrt@4 of priv�tertl��Ird parfles. � S1rCT10N 2:Thisdie of ectiaV�e uMli fotilbwtf'coed ire me this .............................12th,............................... day of NSh'ed but sZ1I not. ,;.H-! hpivo bflernl__SaNSfled (1)Beforl'cTli 11ad$� -m0I Occur the+City must Yetlive pavmellt,of the.f of y-ue 1e pr w I A.D. 19..$9.... sireef and art �o@,aeppis, pT parcelthrough wit tit 111e S-R Lpko tag01 eel sses, Ci�reimbursementofout-of•pocket:p dl6alfeespntiv+he L..... ..... ....................................................... ................................................. Notary Public My Commission Expires „ March 1, 1988 ............................................. ,d S sum "^ti3Sy�,f vey (2)The pretM0 0 at its expeanl�se must design and.to City cangfirucf. I- replage tthhe existing r�of Way.Safor uobads I rovem oad Ms shall bb��b0""ed and constructed In thgfleld at petitioner's expellee.if the sfregt 15 I remblif o private, t�(I-de-sac at the engineer's recomryr(�tOndaNan,the pettioner I•.be obligated to remove at I%exp6n3e,pnyAIQr%W and a II{tMing presetltiv owned by rEase OMs s aJI,be�etgl, to pr vldo acc, d vc nv m �+l are „oruu$�y.m 'r, Q 1tsAdev�ap prol.ag S 7tib bx na chit lakke don is` v " dt6Pi tiYrtPFe,,10 mate)�b{ e dto 0 sewef.w. an ufl1.71eA:44 (n��lew Presdon N�II b4 retpined for 14.dX1sJUlA SePv��OsPry�;ttiQWev@r,petititJ/ldi"Is.i(utilorized fN�'plro to , se tthhB Ceogts thrtl efore Stiuch a Isame6rrMf sha llbe pre" frtl.as TO gre;6r :apy gxlsq homes ah me 4lreet tliSjf Qre not (4).T(1e petltbder shalt be r ns{pie to lristdll aal,' ,S9s sarY w mains a d trvdrants, is ov��dd by the D rrt ofP' UHlitlg�Vgrequlredfor. ettonofsuD- IiefIn 4'P. or tsftai pTt a fiv shall reserve,alorKj flhe'tr{nylts`of'ttie Sak Ct6i� cniJordo,Cana1,mn.ep some rM to provide con"Nod?ug9+. access 10 tie respOcted ttlroughou,}.itAe,prQpos*0 Prolect..! d ca I'm st be IoCahed In the field bY�.th0 petitioner and oarfed, `f0Y lSls cpryon fiUrpQses.No:strueture4,'a work'shall'be prAV.' d In.fhg_r r�(Ell e49emeM. ,,. -. ,.. rIVE DATE.,T,I115,arflInance,;pfler1 e. daft)df Ns'fldst publlcdtton shall not become effe IVVb ur life- oorded with the recorder of Solt LQKe County.Howver,Mro Halt kakeiCttv,Recarder is Instructed not to submRthls ordlnpnccge for recording•urM i the Mayor verifies th- 1h0 Condiflons subse- quent have been.satlsfled or provided.for by executed'dprep'- merM.Upon verification of satisfaction of forms by the'rfnahce, Public UtIlkies,.and Englneering Departmerft and the City At- tornev,the Mayor may transfer the prDRQI the getFtloner . purusant to the terms herein ond-Instrucf i}eG -&ecorder to record the.ordlnahceconcurrerM with ttle'tron0irdacuments. However,If the foregoing conditions are not completed.within, twelve"(12)months from the date of passage,this ordlndrice shaft be null,..void;of no effect,and no recording thereafter shall occur. Passed by the Ctty:Council of Salt Lake City,Utah,this 6M day Of November,1984.• . + z Ronald CHAhead IRMAN ATTEST: ' /s/Kathryn Marshaft CITY RECORDER' Tronsmlffed to Mayor on November,6,198,4 Mayor's Action:November 6,1984 Ted Wilson MAYOR ATTEST: /s/Kathryn Marshall CITY RECORDER (SIIr66o B f 1984 Published:November 21,19114 .P84.44 _ B-24 ,