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088 of 2004 - closing & abandoning a portion of Hawthorne Avenue extending west from 200 East between 500 & 600 So 0 04-1 P 04-30 • • 9 E: 645 02/02 2005 O o32 AM s1 i= 0i 1 Book - 9090 P - 342 3-„42; GARY W. OTT RECORDER, SALT LAKE COUNTY, UTAH SL C I T'i RECORDER BY`_ LAC DEPUTY - EMI 5 P. SALT LAKE CITY ORDINANCE No. 88 of 2004 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF HAWTHORNE AVENUE EXTENDING WEST FROM 200 EAST BETWEEN 500 AND 600 SOUTH, PURSUANT TO PETITION NO. 400-04-15. WHEREAS,the City Council of Salt Lake City,Utah, finds after public hearings that the City's interest in the portion of the street described below is not necessary for use by the public as a street and the closure and abandonment of this portion of the street will not be adverse to the general public's interest; WHEREAS, the title to the closed and abandoned portion of the street shall remain with the City until sale for fair market value; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Pursuant to Utah Code Annotated Section 72-5-105, a portion of Hawthorne Avenue extending west from 200 East between 500 and 600 South, which is the subject of Petition No. 400-04-15, and which is more particularly described on Exhibit A attached hereto, be, and the same hereby is, closed and abandoned and declared no longer to be needed or available for use as a street. SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 1 i . . City's water and sewer facilities. Said closure and abandonment is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This street closure and abandonment is conditioned upon the following: A. Payment to the City of the fair market value of that portion of the street, or its equivalent, and title to the street 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. B. Emergency access lanes for the existing buildings must be maintained and any existing fire hydrants must be maintained and remain accessible to fire apparatus. C. Execution and recording of an easement to Salt Lake City Corporation for the operation,maintenance, repair, and inspection of the existing sewer mains. D. All future developments on this block will be required to comply with Salt Lake City codes and ordinances. In addition, any future lot consolidation or subdivision must also comply with the requirements of Conditional Use Permit No. 410-644. SECTION 4. Effective Date. This ordinance shall become effective upon 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 Salt Lake City Property Manager and the Salt Lake City Planning Director. 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 2 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 7th day of December , 2004. k k CHAIRPERSON ATTEST: H I K DP TY Y RE RD R Transmitted to the Mayor on December 7, 2004 Mayor's Action: Approved. Vetoed. MAYOR ATTEST: /il-e_k/ Salt APPROVI:-.D AS TO FORM tyke City Attorney's Ott ei CHI i F EPU ITY RECORDER Date ©� -04` BY XIAA'-\:'74. (SEAL) e izz • it Bill No. 88 of 2004. 'L—l.'j --UGC : � .' Published • ,_ g:\ordinance 04\closing and abandoning a portion of Hawthore Avenue.doc 3 EXHIBIT "A" Hawthorne Ave. Commencing at a point 1-1/4 rods North of the Southeast corner of Lot 7, Block 35, Plat"A,"Salt Lake City Survey;and running thence West 10 rods;thence South 2-1/2 rods;thence East 10 rods;thence North 2-1/2 rods to the point of commencement. SAE` g § g GIT -GORORA 'I01 f ROCKY J. FLUHART :. _ _ ---�.,- - - ROSS C. "ROCKY" ANDERSON CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF MANAGEMENT SERVICES MAYOR CITY RECORDER STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, Chief Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the attached document, Ordinance 88, closing and abandoning a portion of Hawthorne Avenue extending West from 200 East Between 500 and 600 South, Petition 400-04-15. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 1st day of February, 2005. Deputy Cie. ecor er, fr- Chieke ity, Utah elpl41 I . 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: B01-535-7671 FAX: B01-535-7681 0 C« aE'.'`Eo PaPEa 0 04-1 P 04-30 SALT LAKE CITY ORDINANCE No. 88 of 2004 AN ORDINANCE CLOSING AND ABANDONING A PORTION OF HAWTHORNE AVENUE EXTENDING WEST FROM 200 EAST BETWEEN 500 AND 600 SOUTH, PURSUANT TO PETITION NO. 400-04-15. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portion of the street described below is not necessary for use by the public as a street and the closure and abandonment of this portion of the street will not be adverse to the general public's interest; WHEREAS, the title to the closed and abandoned portion of the street shall remain with the City until sale for fair market value; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Pursuant to Utah Code Annotated Section 72-5-105, a portion of Hawthorne Avenue extending west from 200 East between 500 and 600 South, which is the subject of Petition No. 400-04-15, and which is more particularly described on Exhibit A attached hereto, be, and the same hereby is, closed and abandoned and declared no longer to be needed or available for use as a street. SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 1 City's water and sewer facilities. Said closure and abandonment is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This street closure and abandonment is conditioned upon the following: A. Payment to the City of the fair market value of that portion of the street, or its equivalent, and title to the street 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. B. Emergency access lanes for the existing buildings must be maintained and any existing fire hydrants must be maintained and remain accessible to fire apparatus. C. Execution and recording of an easement to Salt Lake City Corporation for the operation, maintenance, repair, and inspection of the existing sewer mains. D. All future developments on this block will be required to comply with Salt Lake City codes and ordinances. In addition, any future lot consolidation or subdivision must also comply with the requirements of Conditional Use Permit No. 410-644. SECTION 4. Effective Date. This ordinance shall become effective upon 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 Salt Lake City Property Manager and the Salt Lake City Planning Director. 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 2 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 7th day of December , 2004. \1/4gLQA54-AR) CHAIRPERSON ATTEST: HIE D P TY Y RE RD R Transmitted to the Mayor on December 7, 2004 Mayor's Action: ic Approved. Vetoed. MAYOR ATTEST: APPROVED AS TO FORM Salt Lake City Attorney's °ffsra CHIEF EPU ITY IRECORs Date 49- 6 -y BY(SEAL) Bill No. 88 of 2004. ,. Published: 2.-cj g:\ordinance 04\closing and abandoning a portion of Hawthore Avenue.doc 3 EXHIBIT"A" Hawthorne Ave. Commencing at a point 1-1/4 rods North of the Southeast corner of Lot 7, Block 35, Plat"A,"Salt Lake City Survey;and running thence West 10 rods;thence South 2-1/2 rods;thence East 10 rods;thence North 2-1/2 rods to the point of commencement.