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098 of 1999 - Rezoning property located at 1 120 East Kensington Avenue(j5 (of e 0 99-1 P 99-38 Affects Sidwell No.: 16-17-210-022-0000 75561.04 01/19/2000 08:26 AM NO FEE N+ NCY WORKMAN RECORDER, SALT LAME COUNTY, UTAH SL CITY -MANAGEMENT SERVICES 8Y: RDJ, DEPUTY - WI 10 P SALT LAKE CITY ORDINANCE No. 98 of 1999 (Rezoning property located at 1 120 East Kennsington Avenue) AN ORDINANCE REZONING PROPERTY LOCATED AT 1 120 EAST KENNSINGTON AVENUE FROM RESIDENTIAL (R-1-5000) TO RESIDENTIAL BUSINESS (RB), PURSUANT TO PETITION NO. 400-99-32. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area, the long- range general plans of the City, and any local master plan as part of its deliberations. Pursuant to these deliberations, the City Council has concluded that the proposed change of zoning for the property located at 1 120 East Kennsington Avenue is appropriate for the development of the community in that area; and WHEREAS, the property owner has voluntarily offered to execute a restrictive covenant on the property in favor of the City, in order to protect and preserve the character of the surrounding residential areas from any adverse consequences resulting from the rezoning; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the property located at 1 120 East Kennsington Avenue, shall be and hereby is rezoned from Residential (R-1-5000) to Business Residential (RB). The property is more particularly described as follows: All of lot 26, Block 4, Norwood Place together with 1/2 of vacated alley abutting on the north 5769-1358. SECTION 2. Amendment of Zoning Map. The Salt Lake City Zoning Map, as adopted to the Salt Lake City Code, relating to the fixing of boundaries in zoning districts, shall be, and hereby is amended consistent with the rezoning identified above. SECTION 3. Amendment of Master Plan. To the extent it may be necessary, the Central Community Development Plan shall be and hereby is amended consistent with the rezoning set forth herein. SECTION 4. Conditions. This rezoning is subject to the property owner's execution and recording of a restrictive covenant against the property in favor of the City, for the purpose of protecting the neighboring residential properties from any adverse impact as a consequence of this rezoning. 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 record or publish this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Planning Director. If the conditions identified above have not been met within 2 CD -74 G) Cil one year from the date of this ordinance, the City Recorder is instructed not to record or publish this ordinance which shall become null, void and have no effect. Passed by the City Council of Salt Lake City, Utah, this 7th day of December , 1999. ATTEST AND COUNTERSIGN: CHIEF DEPUTY CI Y RE ORDER CHAIRPERSON Transmitted to Mayor on December 7, 1999 Mayor's Action: xxx Approved Vetoed. 404 \''A-Lut,4--0-- 3 ATTEST AND COUNTERSIGN: zoo Mee F DEPUTYCO CHE DE (SEAL) Bill No. 98 of 1999. Published: (- 2J) - Zoe() . G:\ordina99\rezoning 1120 east Kennsington.doc 4 WHEN RECORDED RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 South State Street Salt Lake City, UT 84111 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR THE REAVELEY ENGINEERS AND ASSOCIATES PROPERTIES LOCATED AT 1515 SOUTH 1100 EAST KENSINGTON AVENUE SALT LAKE CITY, UTAH This Declaration is made this 2.4- day of iV0 V. , 1999, by Reaveley Engineers and Associates, hereinafter referred to as Declarant, in favor of Salt Lake City Corporation. RECITALS A. Declarant is the owner of the real properties more particularly described on Exhibit "A" attached hereto (referred to as the "Primary Property" and the "Accessory Property") located in Salt Lake City, Salt Lake County, Utah. B. Declarant is desirous to obtain greater flexibility in the use of the Accessory Property than is allowed under current zoning, but is also desirous to do so in a manner that will protect and preserve the character of the neighboring residential properties and in a manner that will not adversely impact neighboring residential properties. C. Declarant hereby declares that the Accessory Property shall be improved, maintained, occupied, held, sold, conveyed, leased and used subject to the covenants and restrictions set forth in this Declaration, which are deemed to be covenants running with the land benefiting and burdening each parcel of the Primary and Accessory Properties. D. It is the Declarant's intention in imposing these covenants and restrictions to limit the use of the Accessory Property, and to limit the expansion of any commercial activities onto adjacent residential properties, for its own benefit and for the greater good of all residents of Salt Lake City, and to promote and preserve the compatibility of the use of the Primary and Accessory Properties with the existing uses of other properties in that neighborhood. To further that intent, the covenants and restrictions shall be binding upon the Declarant, its successors, assigns, heirs and lien holders, and may be enforced by the Declarant, any subsequent owner of the Properties and Salt Lake City Corporation. duress. E. Declarant has executed this Declaration voluntarily and without coercion or ARTICLE I USE RESTRICTIONS Declarant covenants that, regardless of what uses may be allowed under applicable zoning, the Accessory Property shall not be used for any commercial purpose other than as an accessory use to the Primary Property. Subject to this general restriction, and any other restrictions imposed by applicable zoning, the following are permitted uses of the Accessory Property: 1. Compatible residential uses; 2. Five stall parking lot; 3. Accessory storage structure not to exceed 500 square feet; and/or 4. Landscaping. No retail commercial activity will be conducted on the Accessory Property. Any proposed use of the Accessory Property is subject to review and approval by the Salt Lake City Planning Director. No activity of any kind shall be conducted on the Primary or Accessory Properties which is offensive, noxious, or detrimental to the use of the land in the vicinity of the Properties for private residences, nor shall the Properties be used for any purposes that, as a matter of common experience, tend to create a nuisance. Regardless of what other uses are conducted on the Accessory Property, Declarant agrees that it will install and maintain landscaping on the Accessory Property as approved by the Salt Lake City Planning Director. ARTICLE II GENERAL PROVISIONS Condition Precedent to Validity. Declarant has or will petition Salt Lake City to amend the zoning map for the Accessory Property from a Residential (R-1-5000) to a Residential Business (RB) classification (the "Petition"). The validity and enforceability of this Declaration are expressly conditioned on approval of the Petition by Salt Lake City. Declarant understands that approval of the Petition will be conditioned upon the recording of this Declaration and upon tl'e compliance with the obligations described herein. If the Petition is denied, this Declaration shall be of no force or effect. 2 Enforcement. Declarant, any subsequent owner and Salt Lake City Corporation shall have the right to enforce, by any proceeding in law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. If Declarant or its successors or assigns violates the terms of this Declaration, which violation is not promptly cured, Salt Lake City shall be entitled to rezone the Accessory Property. In the event of such a rezoning, Declarant, and its successors or assigns, agrees that it will not contest or oppose the proposed rezoning, and agrees that it will not be entitled to claim any damages or non -conforming use rights with respect to the Accessory Property. Notwithstanding the foregoing, Declarant shall retain the right to contest the existence of any alleged violation of this Declaration which shall be determined by the Salt Lake City Planning Commission. Failure to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so at a later date. Amendments. The covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by the owners of the Primary and Accessory Properties and Salt Lake City Corporation. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, any subsequent owner and Salt Lake City Corporation for a period of fifty (50) years from the date of this Declaration. At the end of the fifty-year period, all owners of the Primary and Accessory Properties and Salt Lake City Corporation shall review the covenants and restrictions in light of conditions existing at that time, and determine whether and for how long the covenants and restrictions shall remain in effect. Zoning. Declarant acknowledges that Salt Lake City retains sole authority as to the zoning of property within the City. Nothing in this Agreement shall be construed to obligate the City to rezone the Accessory Property. Regardless of whether or not the Accessory Property is rezoned, nothing in this Agreement shall be construed to prohibit the City from rezoning the Primary or Accessory Properties at any time. DATED: 24- N bV/_ , 1999. i/- zy- 99 OWNER: REAVELEY ENGINEERS AND ASSOCIATES 3 STATE OF UTAH ) . ss. County of Salt Lake ) On the 2/ day of B2�ifi , 1999, personally appeared before me &xi" , the dzj,- -- of Reaveley Engineers and Associates, who duly acknowledged to me t at he is authorized to execute the same on behalf of Reaveley Engineers and Associates. My Commission Expires: Ji /z, 206/ G \PL9984\DOCS\Reaveley Engineers and Associates doc Residing in Salt Lake County, Utah 4 G LEE WHITE Notcry Public "yCom:V.�. , 12._cOI 1: , L.. t 04_C UT 84105 Exhibit A Primary Property. The combination of the three parcels serve as the primary property. Parcel 16-17-210-003 11/17/1999 Property Description for taxation purposes only S %2 OF LOT 54 & ALL LOT 55 BLK 1 LINCOLN PARK 5725-0630. Parcel 16-17-210-006 11/17/1999 Property Description for taxation purposes only S 9 FT OF LOT 29, ALL LOT 30, BLK 4, NORWOOD PLACE 4540- 1445. Parcel 16-17-210-036 11/17/1999 Property Description for taxation purposes only ALL OF LOT 27 & 28, & THE N 16 FT OF LOT 29, BLK 4, NORWOOD PLACE. TOGETHER WITH ALL VACATED ALLEY ABUTTING ON THE N. Accessory Property Parcel 16-17-210-022 11/17/99 Property Description for taxation purposes only LOT 26 BLK 4 NORWOOD PLACE TOGETHER WITH % VACATED ALLEY ABUTTING ON N 5769-1258. STATE OF UTAH, City and County of Salt Lake, 1, Christine Meeker, Chief Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, and correct and true copy of Ordinance 98 of 1999, Rezoning property located at 1120 Kennsington Avenue. Passed by City Council December 14, 1999 Published 1-20-2000 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, thi `* f January, 2000. Chief Deputy ity Recor. er, Salt L. ke City, Utah s 0 99-1 P 99-38 Affects Sidwell No.: 16-17-210-022-0000 SALT LAKE CITY ORDINANCE No. 98 of 1999 (Rezoning property located at 1 120 East Kennsington Avenue) AN ORDINANCE REZONING PROPERTY LOCATED AT 1 120 EAST KENNSINGTON AVENUE FROM RESIDENTIAL (R-1-5000) TO RESIDENTIAL BUSINESS (RB), PURSUANT TO PETITION NO. 400-99-32. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area, the long- range general plans of the City, and any local master plan as part of its deliberations. Pursuant to these deliberations, the City Council has concluded that the proposed change of zoning for the property located at 1 120 East Kennsington Avenue is appropriate for the development of the community in that area; and WHEREAS, the property owner has voluntarily offered to execute a restrictive covenant on the property in favor of the City, in order to protect and preserve the character of the surrounding residential areas from any adverse consequences resulting from the rezoning; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the property located at 1 120 East Kennsington Avenue, shall be and hereby is rezoned from Residential (R-1-5000) to Business Residential (RB). The property is more particularly described as follows: All of lot 26, Block 4, Norwood Place together with 1/2 of vacated alley abutting on the north 5769-1358. SECTION 2. Amendment of Zoning Map. The Salt Lake City Zoning Map, as adopted to the Salt Lake City Code, relating to the fixing of boundaries in zoning districts, shall be, and hereby is amended consistent with the rezoning identified above. SECTION 3. Amendment of Master Plan. To the extent it may be necessary, the Central Community Development Plan shall be and hereby is amended consistent with the rezoning set forth herein. SECTION 4. Conditions. This rezoning is subject to the property owner's execution and recording of a restrictive covenant against the property in favor of the City, for the purpose of protecting the neighboring residential properties from any adverse impact as a consequence of this rezoning. 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 record or publish this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Planning Director. If the conditions identified above have not been met within 2 one year from the date of this ordinance, the City Recorder is instructed not to record or publish this ordinance which shall become null, void and have no effect. Passed by the City Council of Salt Lake City, Utah, this 7th day of December , 1999. ATTEST AND COUNTERSIGN: CHIEF DEPUTY CI Y RE ORDER Transmitted to Mayor on December 7, 1999 Mayor's Action: xxx Approved Vetoed. A ADO � C Gt_ d) 3 ATTEST AND COUNTERSIGN: CHIEF DEPUTYCITY CORDE (SEAL) Bill No. 98 of 1999. Published: 1- ZAO-2.cfnc) G:\ordina99\rezoning 1120 east Kennsington.doc 4 WHEN RECORDED RETURN TO: Salt Lake City Corporation Attn: Planning Director 451 South State Street Salt Lake City, UT 84111 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR THE REAVELEY ENGINEERS AND ASSOCIATES PROPERTIES LOCATED AT 1515 SOUTH 1100 EAST KENSINGTON AVENUE SALT LAKE CITY, UTAH This Declaration is made this 2.4— day of i4D V . , 1999, by Reaveley Engineers and Associates, hereinafter referred to as Declarant, in favor of Salt Lake City Corporation. RECITALS A. Declarant is the owner of the real properties more particularly described on Exhibit "A" attached hereto (referred to as the "Primary Property" and the "Accessory Property") located in Salt Lake City, Salt Lake County, Utah. B. Declarant is desirous to obtain greater flexibility in the use of the Accessory Property than is allowed under current zoning, but is also desirous to do so in a manner that will protect and preserve the character of the neighboring residential properties and in a manner that will not adversely impact neighboring residential properties. C. Declarant hereby declares that the Accessory Property shall be improved, maintained, occupied, held, sold, conveyed, leased and used subject to the covenants and restrictions set forth in this Declaration, which are deemed to be covenants running with the land benefiting and burdening each parcel of the Primary and Accessory Properties. D. It is the Declarant's intention in imposing these covenants and restrictions to limit the use of the Accessory Property, and to limit the expansion of any commercial activities onto adjacent residential properties, for its own benefit and for the greater good of all residents of Salt Lake City, and to promote and preserve the compatibility of the use of the Primary and Accessory Properties with the existing uses of other properties in that neighborhood. To further that intent, the covenants and restrictions shall be binding upon the Declarant, its successors, assigns, heirs and lien holders, and may be enforced by the Declarant, any subsequent owner of the Properties and Salt Lake City Corporation. duress. E. Declarant has executed this Declaration voluntarily and without coercion or ARTICLE I USE RESTRICTIONS Declarant covenants that, regardless of what uses may be allowed under applicable zoning, the Accessory Property shall not be used for any commercial purpose other than as an accessory use to the Primary Property. Subject to this general restriction, and any other restrictions imposed by applicable zoning, the following are permitted uses of the Accessory Property: 1. Compatible residential uses; 2. Five stall parking lot; 3. Accessory storage structure not to exceed 500 square feet; and/or 4. Landscaping. No retail commercial activity will be conducted on the Accessory Property. Any proposed use of the Accessory Property is subject to review and approval by the Salt Lake City Planning Director. No activity of any kind shall be conducted on the Primary or Accessory Properties which is offensive, noxious, or detrimental to the use of the land in the vicinity of the Properties for private residences, nor shall the Properties be used for any purposes that, as a matter of common experience, tend to create a nuisance. Regardless of what other uses are conducted on the Accessory Property, Declarant agrees that it will install and maintain landscaping on the Accessory Property as approved by the Salt Lake City Planning Director. ARTICLE II GENERAL PROVISIONS Condition Precedent to Validity. Declarant has or will petition Salt Lake City to amend the zoning map for the Accessory Property from a Residential (R-1-5000) to a Residential Business (RB) classification (the "Petition"). The validity and enforceability of this Declaration are expressly conditioned on approval of the Petition by Salt Lake City. Declarant understands that approval of the Petition will be conditioned upon the recording of this Declaration and upon the compliance with the obligations described herein. If the Petition is denied, this Declaration shall be of no force or effect. 2 Enforcement. Declarant, any subsequent owner and Salt Lake City Corporation shall have the right to enforce, by any proceeding in law or in equity, all covenants and restrictions now or hereafter imposed by the provisions of this Declaration. If Declarant or its successors or assigns violates the terms of this Declaration, which violation is not promptly cured, Salt Lake City shall be entitled to rezone the Accessory Property. In the event of such a rezoning, Declarant, and its successors or assigns, agrees that it will not contest or oppose the proposed rezoning, and agrees that it will not be entitled to claim any damages or non -conforming use rights with respect to the Accessory Property. Notwithstanding the foregoing, Declarant shall retain the right to contest the existence of any alleged violation of this Declaration which shall be determined by the Salt Lake City Planning Commission. Failure to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so at a later date. Amendments. The covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by the owners of the Primary and Accessory Properties and Salt Lake City Corporation. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, any subsequent owner and Salt Lake City Corporation for a period of fifty (50) years from the date of this Declaration. At the end of the fifty-year period, all owners of the Primary and Accessory Properties and Salt Lake City Corporation shall review the covenants and restrictions in light of conditions existing at that time, and determine whether and for how long the covenants and restrictions shall remain in effect. Zoning. Declarant acknowledges that Salt Lake City retains sole authority as to the zoning of property within the City. Nothing in this Agreement shall be construed to obligate the City to rezone the Accessory Property. Regardless of whether or not the Accessory Property is rezoned, nothing in this Agreement shall be construed to prohibit the City from rezoning the Primary or Accessory Properties at any time. DATED: 2 4-- hi Oki.. , 1999. OWNER: REAVELEY ENGINEERS AND ASSOCIATES By: Title: 3 ,,,,,i i ife_„ -)_ --- STATE OF UTAH ) : ss. County of Salt Lake ) On the aI day of B2tii�r-�i�'i� , 1999, personally appeared before me exall J. , the 6 r,ze, — of Reaveley Engineers and Associates, who duly acknowledged to me t at he is authorized to execute the same on behalf of ReaveleY Engineers and Associates. My Commission Expires: G\PL9984\DOCS\Reaveley Engineers and Associates doe NOTARY PUBLIC Residing in Salt Lake County, Utah 4 G LEE WHITE Notcry Public Sic:':; z : �.:,�,:.•1 P "y Comm, L.° .Lc. Jan 12, 2u2,1 1,�.5 3x'% 1 i �5 L� t &LC LIT 84105 Exhibit A Primary Property. The combination of the three parcels serve as the primary property. Parcel 16-17-210-003 11/17/1999 Property Description for taxation purposes only S % OF LOT 54 & ALL LOT 55 BLK 1 LINCOLN PARK 5725-0630. Parcel 16-17-210-006 11/17/1999 Property Description for taxation purposes only S 9 FT OF LOT 29, ALL LOT 30, BLK 4, NORWOOD PLACE 4540- 1445. Parcel 16-17-210-036 11/17/1999 Property Description for taxation purposes only ALL OF LOT 27 & 28, & THEN 16 FT OF LOT 29, BLK 4, NORWOOD PLACE. TOGETHER WITH ALL VACATED ALLEY ABUTTING ON THE N. Accessory Property Parcel 16-17-210-022 11/17/99 Property Description for taxation purposes only LOT 26 BLK 4 NORWOOD PLACE TOGETHER WITH '/z VACATED ALLEY ABUTTING ON N 5769-1258.