Proposed Ordinance - 8/8/2023SALT LAKE CITY ORDINANCE
No. ________ of 2023
(Vacating a portion of city-owned alley situated adjacent to properties located at 825 East, 827
East, and 829 East Wilmington Avenue, and 820 East, 826 East, and 830 East Elm Avenue)
An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties
located at 825 East, 827 East, and 829 East Wilmington Avenue and 820 East, 826 East, and 830
East Elm Avenue, pursuant to Petition No. PLNPCM2023-00225.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on June 28, 2023 to consider a request made by Russell Bollow (“Applicant”)
(Petition No. PLNPCM2023-00225) to vacate a portion of an unnamed, city-owned alley
adjacent to properties located at 825 East, 827 East, and 829 East Wilmington Avenue, and 820
East, 826 East, and 830 East Elm Avenue; and
WHEREAS, at its June 28, 2023 meeting, 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 subject portion of alley consists of a 7.3-foot width that 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 (constituting the southern width of the
subject alley), and a 7.5-foot private dedication of land to public use from Isaac and Katherine
Brockbank (1911) by quitclaim deed (Book 7C Page 327) to the Town of Forest Dale (later
absorbed into Salt Lake City), which partitioned the 7.5-foot width from the southern boundary
of the Brockbanks’ property (constituting the northern width of the subject alley); 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,
therefore, upon vacation the southern 7.3 feet of the alley’s width shall revert to the abutting
owners in the
Forest Dale Addition Blocks 19 & 20 subdivision; and
WHEREAS, it appears the intent of the Brockbanks’ deed was to add width to the subject
alley in order to serve their property, and, therefore, upon vacation the northern 7.5 feet of the
alley’s width shall revert to the Brockbanks’ successors-in-interest; 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 825 East, 827 East, and 829 East Wilmington Avenue, and 820 East, 826
East, and 830 East Elm Avenue, which is the subject of Petition No. PLNPCM2023-00225, 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 827 E. Wilmington Ave
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
July 18, 2023
EXHIBIT “A”
Legal description of the portion of unnamed, city-owned
alley to be vacated:
Beginning at the NE corner of Lot 18, Block 20, Forest Dale
Subdivision and running thence North 14.8 ft. to the north line
of an alleyway; thence West 119.25 ft. along said north line to
the Northwest Corner of a 7.5 ft alley deeded to Forest Dale
City in Book 7C, Page 327, in the Salt Lake County Recorder’s
Office; thence South 14.8 ft. to the south line of said
alleyway; thence East 119.25 ft. along said south line to the
point of the beginning.