Proposed Ordinance - 4/27/2023SALT LAKE CITY ORDINANCE
No. ________ of 2023
(Vacating a portion of city-owned alley situated adjacent to properties located at 801 East, 809
East, 815 East, and 825 East Wilmington Avenue)
An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties
located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue, pursuant to Petition
No. PLNPCM2022-00802.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on February
8, 2023 to consider a request made by Denise Vance (“Applicants”) (Petition No.
PLNPCM2022-00802) to vacate a portion of an unnamed, city-owned alley adjacent to
properties located at 801 East, 809 East, 815 East, and 825 East Wilmington Avenue; and
WHEREAS, at its February 8, 2023 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 Forest Dale Addition Blocks 19 & 20 Subdivision plat, recorded in 1907, and is
situated on the northern 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 801 East, 809 East, 815 East, and 825 East Wilmington Avenue, which is
the subject of Petition No. PLNPCM2022-00802, 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
______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023
Published: ______________.
Ordinance vacating alley adjacent to 2167 S 800 E
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
April 7, 2023
EXHIBIT “A”
Legal description of the portion of unnamed, city-owned
alley to be vacated:
Beginning at the NW corner of Lot 28, Block 20, Forest Dale
subdivision and running thence North 7.3 ft. to the north line
of an alleyway; thence East 156.75 ft.; thence South 7.3 ft.;
thence West 156.75 ft. to the point of the beginning.