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Updated Ordinance - 12/5/20231 SALT LAKE CITY ORDINANCE No. ________ of 2023 (Vacating city-owned alleys situated adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue) An ordinance vacating two unnamed, city-owned alleys adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue, pursuant to Petition No. PLNPCM2023-00408. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on August 23, 2023 to consider a request made by Jarod Hall (“Applicant”) to vacate two unnamed, city-owned alleys adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue (collectively, the “Property”); and WHEREAS, at its August 23, 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 City Council finds after holding a public hearing on this matter, that there is good cause for the vacation of the alleys and neither the public interest nor any person will be materially injured by the proposed vacation. 2 WHEREAS, pursuant to Chapter 2.58 of the Salt Lake City Code, the City Council hereby authorizes an exchange of real property pursuant to the terms identified herein. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alleys. That two unnamed, city-owned alleys adjacent to the Property, which are the subject of Petition No. PLNPCM2023-00408, and which are more particularly described on Exhibit “A” attached hereto, hereby are, 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. Conditions of Exchange. The alley vacation set forth herein is conditioned upon: a) Within 60 days of the date of adoption of this ordinance the owner of the Property shall execute an easement for a publicly accessible mid-block walkway that meets the requirements in City ordinance through the block between Andrew Avenue and Van Buren Avenue, where buildings constructed by the owner are located on each side of the walkway. The walkway shall be open to the public at all times and the easement shall run with the land. b) Within 60 days of date of adoption of this ordinance the owner of the Property shall execute an easement for a publicly accessible private drive connecting Andrew Avenue 3 and Van Buren Avenue mid-block through a parking garage or other similar location on the Property. This drive shall be open to the public seven days a week at least between the hours of 7:00 a.m. and 8:00 p.m. and shall include signage noting such hours of public use. The drive shall remain open to the public until a future public road connecting Andrew Avenue and Van Buren Avenue between 300 West and I-15 is constructed. c) The owner of the Property refraining from conveying the Property, including the alleys, until the aforementioned easements are recorded with the Salt Lake County Recorder. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The Salt Lake City Recorder is instructed to not publish this ordinance until the conditions set forth in Section 3(a) and (b) are satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 5. Time. If the condition set forth in Section 3(c) is violated then this ordinance shall become null and void. The City Council may, for good cause shown, extend the time period for satisfying the conditions in Section 3(a) and (b) by resolution. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. 4 Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023 Published: ______________. Ordinance vacating alley adjacent 1515-1550 S 300 W APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Katherine Pasker, Senior City Attorney December 5, 2023 5 EXHIBIT “A” Legal description of two unnamed, city-owned alleys to be vacated: BEGINNING AT THE NORTHWEST CORNER OF LOT 37, STEWART’S ADDITION, ON FILE WITH THE OFFICE OF THE SALT LAKE COUNTY RECORDER IN BOOK C, PAGE 51 OF PLATS, AND RUNNING THENCE SOUTH 00°01’00” WEST 148.57 FEET TO THE SOUTHWEST CORNER OF LOT 39 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26” EAST 133.59 FEET TO THE WEST RIGHT-OF-WAY LINE OF 300 WEST STREET; THENCE SOUTH 00°01’02” WEST ALONG THE WEST RIGHT-OF-WAY LINE OF 300 WEST STREET A DISTANCE OF 16.50 FEET; THENCE NORTH 89°53’26” WEST ALONG THE NORTH LINE OF LOT 1 OF SAID SUBDIVISION A DISTANCE OF 298.68 FEET; THENCE NORTH 00°00’54” EAST 16.50 FEET TO THE SOUTH LINE OF LOT 34 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26” EAST 148.59 FEET TO THE SOUTHEAST CORNER OF LOT 36 OF SAID SUBDIVISION; THENCE NORTH 00°01’00” EAST 148.57 FEET TO THE NORTHEAST CORNER OF SAID LOT 36; THENCE SOUTH 89°53’29” EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF ANDREW AVENUE A DISTANCE OF 16.50 FEET TO THE POINT OF BEGINNING. CONTAINS 7,380 SQUARE FEET, MORE OR LESS.