061 of 2023 - Alley Vacation North of 827 S Wilmington AveSALT LAKE CITY ORDINANCE
N0. 61 of2023
(Vacating a portion of city-owned alley situated adjacent to propeities located at 825 East, 827
East, and 829 East Wilmington Avenue, and 820 East, 826 East, and 830 East Elm Avenue)
(Vacating a portion of city-owned alley situated adjacent to propeities located at 825 East, 827 89 8
East,and829EastWilmingtonAvenue,and820East,826East,and830EastElmAvenue) E:§aH=m,'
An ordinancc vacating a portion of an unnamcd, city-owncd alley adjaccnt to properties !:$oQ
located at 825 East, 827 East, and 829 East Wilmington Avenue and 820 East, 826 East, and 830 ;=,"'i
IVHERF,AS,theSaltLakeCityPlanningCommission("PlanningCommission")helda :==J', 5.,;4
public liearing on Junc 28, 2023 to considcr a rcqricst madc by Russcll Bollow ("Applicant ,tri
m lTh 0
Petition No. PLNPCM2023-00225) to vacate a portion of an unnamed, city-owned alley Z o8 -nao
:tdjacent to properties locatcd at 825 East, 827 East, and 829 East Wilmington Avenuc, and 820 2a- , ,N
IVHERF,AS, the Salt Lake City Planning Commission ("Planning Commission") held a
public liearing on Junc 28, 2023 to considcr a rcqricst madc by Russcll Bollow ("Applicant")
(Petition No. PLNPCM2023-00225) to vacate a portion of an unnamed, city-owned alley
adjacent to properties locatcd at 825 East, 827 East, and 829 East Wilmington Avenuc, and 820
East, 826 East, and 830 East Elm Avenue; and
s
WHEREAS, at its June 28, 2023 mcctiiig, thc Planning Commission votcd in favor of
forwarding a positive recommendation on said petition to tlie Salt Lake City Council ("City
Council"); and
WHEREAS, the subject portion of alley consists of a 7.3-foot widtli tliat was dedicated to
public rise in t}ic Forcst Dalc Addition Blocks 19 & 20 Subdivision plat rccordcd in 1907 and is
situated on tlie nortlien'i perimeter of tliat subdivision (constituting the soutl'iem width of t}ie
subject allcy), and a 7.5-foot private dcdication of land to priblic usc from Isaac and Katlierine
Brockbank (1911) by quitclaim deed (Book 7C Page 327) to the Tosvn of Forest Dale (later
absorbed into Salt Lakc City), which paititioncd tlic 7.5-foot width froin thc southern boundary
of tl'ie Brockbanks' propeity (constituting tlie nortliern width of the subject alley); and
WHEREAS, thc gcncra) rulc prcsciibcd by Utah Codc Scction 72-5-105 is that abutting
owners 011 eacli side of a vacated riglit-of-way vest witli title to half of tlie widtli of the vacated
right-of-way, howcvcr, as cxplaincd in Fries v. Martin, 154 P.3d 184 (Utah Ct. App. 2006), whcn
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 -----------
Vetoed. Mayor's Action: ---Approved. ---
CITY RECORDER
(SEAL)
Bill No. of 2023 ----Published: -------
Ordinance vacating alley adjacent 827 E. Wilmington Ave
MAYOR
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Paul C. Nielson, Senior City Attorney 61
7th
November
Paul Nielson (Nov 9, 2023 17:24 MST)
Nov 9, 2023
Darin Mano (Nov 14, 2023 14:03 MST)
Nov 14, 2023
Erin Mendenhall (Nov 14, 2023 15:01 MST)
4
Nov 14, 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.
Ordinance 61 of 2023 Alley Vacation at
Approximately 827 East Wilmington Ave
Final Audit Report 2023-11-14
Created:2023-11-10
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAfkI0Sa_Vz0ibAIfybrI2bFQHwi-0QuIe
"Ordinance 61 of 2023 Alley Vacation at Approximately 827 East
Wilmington Ave" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2023-11-10 - 0:21:00 AM GMT
Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature
2023-11-10 - 0:23:47 AM GMT
Email viewed by Paul Nielson (paul.nielson@slcgov.com)
2023-11-10 - 0:24:08 AM GMT
Document e-signed by Paul Nielson (paul.nielson@slcgov.com)
Signature Date: 2023-11-10 - 0:24:23 AM GMT - Time Source: server
Document emailed to Darin Mano (darin.mano@slcgov.com) for signature
2023-11-10 - 0:24:25 AM GMT
Email viewed by Darin Mano (darin.mano@slcgov.com)
2023-11-10 - 1:14:19 AM GMT
Document e-signed by Darin Mano (darin.mano@slcgov.com)
Signature Date: 2023-11-14 - 9:03:19 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2023-11-14 - 9:03:21 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2023-11-14 - 10:01:19 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2023-11-14 - 10:01:41 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2023-11-14 - 10:01:43 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2023-11-14 - 11:31:47 PM GMT - Time Source: server
Agreement completed.
2023-11-14 - 11:31:47 PM GMT