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081 of 1982 - Assistance by Clearing title to property for a housing authority project C 82-589 RESOLUTION NO. 81 OF 1982 RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH, RELATING TO PROVIDING ASSISTANCE TO THE HOUSING AUTHORITY OF SALT LAKE CITY IN CLEARING TITLE TO PROPERTY FOR A HOUSING AUTHORITY PROJECT WHEREAS, the Housing Authority of Salt Lake City has purchased certain parcels of real property located on the Northwest corner of Ninth South Street and Fifth East Street, Salt Lake City, Utah, in preparation for the construction of a 70 unit senior citizen housing project; and WHEREAS, a search of the record of title of the real property shows that approximately fifty years ago, or more, the fee interest beneath two rights-of-way became separated from the right-of-way interest and that one of the record owners of the property is now deceased, another is a dissolved corporation not in business more than thirty-five years, and another is a corporation disclaiming any interest in the property; and WHEREAS, Section 55-18-26 Utah Code Annotated 1953, as amended, authorizes Salt Lake City Corporation to exercise the power of eminent domain in behalf of the Housing Authority of Salt Lake City in acquiring property or an interest in property needed for a public housing project in Salt Lake City, Utah, and to sell such property to the Housing Authority without appraisal, public notice, advertisement, or public bidding; and WHEREAS, the property interest to be acquired has only nominal consideration because of the various right-of-way interests over the fee: NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah as follows: 1. That the Mayor and City Attorney should assist the Housing Authority of Salt Lake City to acquire all rights, title and interest to the following described property located in Salt Lake City, Salt Lake County, Utah, for a public housing project as authorized by state law: "Commencing at the Southeast corner of Lot 1, Block 6, Plat "B", Salt Lake City Survey and T . running thence West 231.0 feet; thence North 165 feet; thence West 49 feet; thence North 82.5 feet; thence East 280 feet, thence South 247.5 feet to the point of beginning. Subject to the interest of BEE HIVE DEVELOPMENT COMPANY in and to the following described property: Commencing 165 feet West from the Southeast corner of Lot 1, Block 6, Plat "B", Salt Lake City Survey, and running thence West 20 feet; thence North 247.5 feet; thence East 20 feet; thence South 247.50 feet to the point of beginning. Subject to the interest of METROPOLITAN LIFE INSURANCE COMPANY and ANDREW N. HUMPHRIES as to the following described property: Commencing 100 feet North of the Southeast corner of Lot 1, Block 6, Plat "B", Salt Lake City Survey, and running thence West 165 feet; thence North 30 feet; thence East 33 feet; thence South 22.0 feet; thence East 132 feet; thence South 8.0 feet to the point of beginning. 2. That, subject to the Housing Authority of Salt Lake City agreeing (in a form approved by the City Attorney) to indemnify and hold harmless Salt Lake City Corporation from all claims for injury and damage, including, but not limited to, amounts of just compensation as determined by a court of law, court costs, and reasonable attorneys' fees, the City Attorney is requested and authorized to undertake such action as necessary, including condemnation and in assisting the Housing Authority of Salt Lake City to acquire and clear title to the above described property. PASSED by the City Council of Salt Lake City, Utah, this 7th day of September , 1982. CHAIRMAN ATTEST: CITY/RECORDER j cc6l (S E A L) -2-