Proposed Ordinance - 8/24/20211
SALT LAKE CITY ORDINANCE
No. ________ of 2021
(Vacating a city-owned alley abutting property located at 740 South Goshen Street)
An ordinance vacating an unnamed, city-owned alley abutting property located at 740
South Goshen Street pursuant to Petition No. 400-06-05.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on June 28,
2006 to consider a request made by Maylaykhone Kiphibane, who owns property at 740 South
Goshen Street (“Applicant”) (Petition No. 400-06-05) to vacate an unnamed city-owned alley;
and
WHEREAS, at its June 28, 2006 hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council, subject to
the conditions that 1) the alley be disposed of consistent with requirements set forth in Chapter
14.52, and 2) that the Applicant combine the vacated alley property with Applicant’s property
within the Seventh South Subdivision prior to any building permit being issued; and
WHEREAS, the planning commission’s proposed condition that the alley property be
combined with Applicant’s property is invalid because it is a condition precedent that cannot be
satisfied prior to publication of this ordinance; and
WHEREAS, the alley in question appears on the Seventh South Subdivision plat
recorded September 27, 1893; and
WHEREAS, when the Seventh South Subdivision plat was recorded in 1893, the Jordan
River was configured in such a way that it abutted the southern boundary of the subject alley,
and the southern boundary of the subject alley was part of the boundary of the Seventh South
Subdivision; and
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WHEREAS, although the Jordan River was reconfigured such that a parcel located at 750
South Goshen Street now abuts the subject alley to the south, that parcel was not part of the
Seventh South Subdivision and was not added to that subdivision and, therefore, does not have
any reversionary interest in the alley. Thus, as explained in Fries v. Martin, 154 P.3d 184 (Utah
Ct. App. 2006), upon vacation, ownership of the alley would revert to only those abutting lots
within the subdivision that created it; and
WHEREAS, the city council finds after holding a public hearing on this matter, that the
city’s interest in the city-owned alley described below is not presently necessary for use by the
public and that vacating that unnamed, city-owned alley will not be adverse to the general
public’s interest.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating a City-Owned Alley. That an unnamed, city-owned alley
abutting property located at 740 South Goshen, which is the subject of Petition No. 400-06-05,
and which is more particularly described on Exhibit “A” attached hereto, hereby is vacated and
declared not presently necessary or available for public use.
SECTION 2. Reservations and Disclaimers. The above alley 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 alley vacation is also
subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder.
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Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
Ordinance vacating alley adjacent to 740 S Goshen St
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
August 24, 2021
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EXHIBIT “A”
Legal Description of City-Owned Alley to be Vacated:
A public alleyway to be vacated in Block 3, Seventh South Subdivision, as recorded in Book ‘E’,
Page 19, at the Salt Lake County Recorders Office. Said alleyway described as follows:
Beginning at the Southeast Corner of Lot 1, said Block 3, Seventh South Subdivision and
running thence South 15 feet; thence S83°10’W 139 feet; thence North 15 feet to the Southwest
Corner of said Lot 1; thence N83°10’E 139 feet to the point of beginning.