Proposed Ordinance - 9/21/2022SALT LAKE CITY ORDINANCE
No. ________ of 2022
(Vacating a portion of city-owned alley situated adjacent to properties located at 925 South 1200
West Street and 929 South Navajo Street)
An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties
located at 925 South 1200 West Street and 929 South Navajo Street, pursuant to Petition No.
PLNPCM2021-00806.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October
27, 2021 to consider a request made by Jordan and Elizabeth Frandsen (“Applicants”) (Petition
No. PLNPCM2021-00806) to vacate a portion of an unnamed, city-owned alley adjacent to
properties located at 925 South 1200 West Street and 929 South Navajo Street; and
WHEREAS, at its October 27, 2021 meeting, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the portion of alley that is the subject of this petition was dedicated to public
use in the Second Burlington Subdivision plat, recorded in 1909, and is situated on the perimeter
of that subdivision; and
WHEREAS, the general rule prescribed by Utah Code Section 72-5-105 is that abutting
owners on each side of a vacated right-of-way vest with title to half of the width of the vacated
right-of-way, however, as explained in Fries v. Martin, 154 P.3d 184 (Utah Ct. App. 2006), when
a vacated right-of-way is situated on the perimeter of a subdivision, title to the entire width of
that right-of-way vests only in the abutting property owners within the subdivision; 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 adjacent
to properties located at 925 South 1200 West Street and 929 South Navajo Street, which is the
subject of Petition No. PLNPCM2021-00806, 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 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 closure 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 _______________________.
EXHIBIT “A”
Legal description of the unnamed, city-owned
alley to be vacated:
THE FOLLOWING DESCRIPTION IS IN ACCORDANCE WITH THE OFFICIAL SALT
LAKE CITY ATLAS “PLAT 35” AND THE “SECOND BURLINGTON ADDITION”
SUBDIVISION PLAT RECORDED OCTOBER 11, 1909 AS ENTRY NO. 255916 IN BOOK
“F” OF PLATS, PAGE 22.
BEGINNING AT THE SOUTHWEST CORNER OF LOT 88, SECOND BURLINGTON
ADDITION, AS RECORDED AND ON FILE IN THE OFFICE OF THE SALT LAKE
COUNTY RECORDER, AND RUNNING THENCE EAST 148.0 FEET TO THE
SOUTHEAST CORNER OF LOT 88 OF SAID SUBDIVISION; THENCE SOUTH 16.0 FEET;
THENCE WEST 148.0 FEET; THENCE NORTH 16.0 FEET TO THE POINT OF
BEGINNING.
CONTAINS: 2,368 SQUARE FEET or 0.054 ACRES.