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Proposed Ordinance - 8/2/2022SALT LAKE CITY ORDINANCE No. of 2022 (Vacating a city-owned alley situated in the Marion Park Subdivision between 1300 South Street and Harrison Avenue and Green Street and 700 East Street) An ordinance vacating an unnamed city-owned alley situated in the Marion Park Subdivision between 1300 South Street and Harrison Avenue and Green Street and 700 East Street, pursuant to Petition No. PLNPCM2020-00903. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on February 23, 2022, to consider a request made by Nicholas Lumby (“Applicant”) (Petition No. PLNPCM2020-00903) to vacate an unnamed city-owned alley; and WHEREAS, the petition demonstrates that the alley has been materially blocked in a way that renders it unusable as a public right of way; and WHEREAS, at its February 23, 2022, hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council (“City Council”); and WHEREAS, the City Council finds after holding a public hearing on this matter, that there is good cause for the vacation of the alley and neither the public interest nor any person will be materially injured by the proposed vacation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley situated in the Marion Park Subdivision located between 1300 South Street and Harrison Avenue and Green Street and 700 East Street, which is the subject of Petition No. PLNPCM2020-00903, and which is more particularly described in Exhibit “A” attached hereto, is hereby vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The 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 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 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. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: __________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney August 1, 2022 EXHIBIT “A” GREEN ALLEY VACATION LEGAL DESCRIPTION BEGINNING AT THE SOUTHWEST CORNER OF LOT 29, BLOCK 1 OF THE MARION PARK SUBDIVISION OF BLOCK 14, 5 ACRE PLAT “A”, BIG FIELD SURVEY; AND RUNNING THENCE SOUTH 10 FEET TO THE NORTHWEST CORNER OF LOT 15, SAID BLOCK 1; THENCE EAST 109.8 FEET; THENCE SOUTH 45°00’00” EAST 7.07 FEET; THENCE SOUTH 366 FEET TO THE SOUTHEAST CORNER OF LOT 2, SAID BLOCK 1; THENCE EAST 10 FEET TO THE SOUTHWEST CORNER OF LOT 1, SAID BLOCK 1; THENCE NORTH 366 FEET; THENCE NORTH 45°00’00” WEST 7.07 FEET; THENCE EAST 109.8 FEET TO THE NORTHEAST CORNER OF 16, SAID BLOCK 1; THENCE NORTH 10 FEET TO THE SOUTHEAST CORNER OF LOT 37, SAID BLOCK 1; THENCE WEST 239.6 FEET TO THE POINT OF BEGINNING.