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008 of 2011 - Closing & vacating an alley at 1575 S. State Street, 1631 S. State Street & 127-135 East 1700 South 5 SALT LAKE CITY ORDINANCE No. 8 of'2011 (Closing and vacating an alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street and 127-135 E. 1700 South) An ordinance closing and vacating an alley as a public right-of-way adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South, pursuant to Petition No. PLNSUB2010-00013. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on July 28, 2010 to consider a request made by Salt Lake Community College (Petition No. PLNSUB2010-00013) to close and vacate an unnamed City-owned alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South and to declare same as surplus property; and WHEREAS, at its July 28, 2010 hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council ("City Council") with certain conditions; and WHEREAS, the City Council finds after public hearings that the City's interest in the alley described below is not necessary for use by the public as a street and that closing and vacating 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 Street. An unnamed City-owned alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South, which is the subject of Petition No. PLNSUB2010-00013, and which is more particularly described on Exhibit "A" attached hereto, hereby is, closed and vacated and declared no longer 1 1--.-5 412 needed or available for use as a public right-of-way. 0,2;70 `1 sit c o0 ---R!)ER 8P.LT _..KE CCiiiNTY, UT ,_,Y UT 84114 =re :'D,_, °RpUTY - III 5 P. • 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 and vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This alley closure and vacation is conditioned upon the following: 1. Payment to the City of fair market value of those portions of the alley, or its equivalent, and title to those portions of this alley shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and 2. The alley closure and vacation is subject to all existing rights-of-way and easements of all public utilities now located on, under or over the subject property; and 3. That all requirements of the relevant City departments/divisions, as identified in the July 28, 2010 Planning Division Staff Report concerning the above-referenced application, be met by the applicant prior to, or concurrent with, the purchase of the subject portion of the alley described herein. 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. 2 • 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 1st day of March 2011 CHAIRPERSON ATTEST: f,", G>''4,ti TY RECO '' s , � , vvy fir.k i Pv J Transmitted to Mayor on /8 / 20/( . Mayor's Action: / Approved. Vetoed. *,ZZ MAYOR ITY RECORDER APPROVED AS TO FORM Salt Lake City Attorney's Office = CIT1`�?'\`' '6f Date: r (SEAL) a'''`''` r,M P ul C.Nielson, en' r City Attnrne) Bill No. 8 of.2011 �,''ksti�` Published: 3-a3 -.70/a . �R`� i HB_ATTY-#15189-v l-Ordinance_cacattng_alley_SLCC.DOC 3 JOHN W. FRANCOM . ASS-rz.IAT ES ' LAND SURVEYORS 11:1 ,•_._ SOUS I NM4 STREET ROUNiUUL, UTi-! EA.D10 BUS. 001i 205-75O0 �1't FAX (a01) 203-7524 DECEMBER B, 2009 SALT LAKE COMMUNITY COLLEGE 10.1' ALLEY CLOSURE DESCRIPTION A 10.1 FOOT WIDE ALLEY RUNNING WEST FROM EDISON STREET AND LYING WITHIN BLOCK 2, SOUTH CAPITOL AVENUE ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK 2 AND RUNNING THENCE SOUTH 89°59'39" WEST 142.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE NORTH 00°02'1 1 WEST 10.10 FED TO THE SOUTHWEST CORNER OF LOT 22 OF SAID BLOCK 2; THENCE NORTH B9 59'39" EAST 142.00 FEET TO THE SOUTHEAST CORNER OF LOT 22 OF SAID BLOCK 2; THENCE SOUTH 00°02'1 1" EAST 10.10 FEET TO THE POINT OF BEGINNING. CONTAINS: 0.033 ACRES (1434 SQUARE FEET) A tire 4 *-405,1/4 , 24- CHRISTINE R.MEEKER "^` `WE O MEWI ` RALPH BECKER CITY RECORDER MAYOR City Recorder STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, City Recorder of Salt Lake City, Utah, do hereby certify that the attached, Ordinance 8 of 2011, Closing and vacating an alley adjacent to property located at 1575 South State Street, 1631 South State Street and 127 — 135 East 1700 South is a true and correct copy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 19th day of March, 2012. 44/ 47'y ecorder,Salt Lake City, to 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 11-1 Name "woe P 11-1 SALT LAKE CITY ORDINANCE No. 8 of:2011 (Closing and vacating an alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street and 127-135 E. 1700 South) An ordinance closing and vacating an alley as a public right-of-way adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South, pursuant to Petition No. PLNSUB2010-00013. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on July 28, 2010 to consider a request made by Salt Lake Community College (Petition No. PLNSUB2010-00013) to close and vacate an unnamed City-owned alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South and to declare same as surplus property; and WHEREAS, at its July 28, 2010 hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council ("City Council") with certain conditions; and WHEREAS, the City Council finds after public hearings that the City's interest in the alley described below is not necessary for use by the public as a street and that closing and vacating 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 Street. An unnamed City-owned alley adjacent to properties located at 1575 S. State Street, 1631 S. State Street, and 127-135 E. 1700 South, which is the subject of Petition No. PLNSUB2010-00013, and which is more particularly described on Exhibit "A" attached hereto, hereby is, closed and vacated and declared no longer needed or available for use as a public right-of-way. 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 and vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This alley closure and vacation is conditioned upon the following: 1. Payment to the City of fair market value of those portions of the alley, or its equivalent, and title to those portions of this alley shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and 2. The alley closure and vacation is subject to all existing rights-of-way and easements of all public utilities now located on, under or over the subject property; and 3. That all requirements of the relevant City departments/divisions, as identified in the July 28, 2010 Planning Division Staff Report concerning the above-referenced application, be met by the applicant prior to, or concurrent with, the purchase of the subject portion of the alley described herein. 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. 2 "f JOHN W. FRANCOM & ASSOCIATES — /: LAND SURVEYORS BOUPJi[FUL, UtAH B4010 BUS. (O01) 255-7500 FAX (001) 203-7524 DECEMBER S, 2000 SALT LAKE COMMUNITY' COLLEGE 10.1' ALLE'1( CLOSURE DESCRIPTION A 10.1 FOOT WIDE ALLEY RUNNING WEST FROM EDISON STREET AND LYING WITHIN BLOCK 2, SOUTH CAPITOL AVENUE ADDITION, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK 2 AND RUNNING THENCE SOUTH 89°59'39" WEST 142.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE NORTH 00°02'1 1 WEST 10.10 FEET TO THE SOUTHWEST CORNER OF LOT 22 OF SAID BLOCK -2; THENCE NORTH B9`59°39" EAST 142.00 FEET TO THE SOUTHEAST CORNER OF LOT 22 OF SAID BLOCK 2; THENCE SOUTH 00°02'1 1" EAST 10.10 FEET TO THE POINT OF BEGINNING. CONTAINS: 0.033 ACRES (1434 SQUARE FEET) ie ji,JSIM.4....41t4t:\ :4.0,r11- -__ A- - 41116111‘ r,-30 t „ . - 42- - - 144.5621. 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 1st day of March 2011 CHAIRPERSON ATTEST: ti � 9i. TYRECO j,r � ;;' p�n�R��gcp Transmitted to Mayor on ! f 8 / 2O/f . Mayor's Action: Approved. Vetoed. MAYOR ITY RECORDER APPROVED AS TO FORM �� .... Salt Lake City Attorney's Office \T e>, Date: By: (SEAL) 11 Y P ul C.Nielson, en. r City Attorney Bill No. 8 of.2011 cfv 3-23-2012 ,PORA Published: HB ATTY-#15189-v1-Ordinance_vacating_alley_SLCC.DOC 3