006 of 2024 - Avenues Restrictive CovenantSALT LAKE CITY ORDINANCE
No. 06 of 2024
(Relinquishing Salt Lake City's interests in restrictive covenants on certain real property)
An ordinance relinquishing Salt Lake City's interests as a beneficiary of restrictive
covenants on certain real property related to Ordinance 40 of 1981.
WHEREAS, in January 1980, the Salt Lake City Council ("City Council") heard a
petition by Intermountain Health Care, Inc. ("IHC") to close a portion of 8t1' Avenue between C
and D Streets to for iHC to acquire that portion of right-of-way to accommodate expansion of its
LDS Hospital property; and
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WHEREAS, at the time, IHC owned 18 residential parcels adjacent to the hospital
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property (the "Affected Properties"); and
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WHEREAS, concerns were raised by property owners in the nearby community as well"
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as by the Greater Avenues Community Council concerning IHC's expansion efforts that
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residential dwellings had already been lost to prior LDS Hospital expansion and that further
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expansion could result In additional loss of dwellings; and
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WHEREAS, on May 19, 1981, the City Council passed Ordinance 40 of 1981, which
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closed a portion of 8"' Avenue between C and D Streets, but retained ownership thereof until
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terms of a deed conveying the portion of right-of-way could be agreed upon; and
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WHEREAS, the City Council made Ordinance 40 of 1981 effective 30 days following
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publication of that ordinance; and
WHEREAS, to satisfy the requirements of the City Council and the wishes of the Greater
Avenues Community Council, iHC recorded a restrictive covenant (the "Restrictive Covenant")
against the Affected Properties on September 18, 1981 (Salt Lake County Recorder Entry No.
3608995) in favor of Salt Lake City and the Greater Avenues Community COLn7Cil, which
Affected Properties in the Salt Lake County Recorder's Office shall be evidence of the city's
forfeiture of rights in the Restrictive Covenants.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this ___ day of _____ _
2024.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on -----------
Mayor's Action: ___ Approved. Vetoed. ---
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2024. ----Published: -------Ordinance removing restrictive covenant related to Ord 40 of 1981 v2
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date:
By:
Katherine D. Pasker, Senior City Attorney
20th February
06
Katherine Pasker
Feb 26, 2024
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Exhibit A
Greater Avenues Community Council
December 6, 2023
To Whom lt May Concern:
Chair: Merrilee Morgan
768 E Wh Avenue,
Salt Lake City, Utah 84103
merrilee.morgan@southbysrealty.com
M 801.913.4046
This letter serves as formal notification that The Greater Avenues Community Council (GACC)
relinquishes its interests in the restrictive covenant on 18 properties in the vicinity of LOS Hospital.
To satisfy the requirements of the City Council and the wishes of the Greater Avenues
Community Council IHC recorded a restrictive covenant against the Affected Properties on
September 18, 1981 (Salt Lake County Recorder Entry No. 3608995). This restrictive covenant
limited the use of the Affected Properties to only single-family dwellings, two-family dwellings,
and any other uses allowed in the R-2 zoning district at that time.
In 1995, the City Council adopted a comprehensive amendment of the city's land use
regulations, which effort also rezoned the Affected Properties from R-2 Single-and Two-Family
Residential District to SR-1 A Special Development Pattern Residential District. At the time the
Restrictive Covenant was recorded, the R-2 Single-and Two-Family Residential District
prohibited accessory dwelling structures that could be used as a dwelling.
In recent years the City Council has amended Title 21A of the Salt Lake City Code to allow
accessory dwelling units in residential districts, including both the R-2 Single-and Two-Family
Residential District and SR-IA Special Development Pattern Residential District. These
properties fall into the R-2 zoning district. IHC no longer owns any of the Affected Properties.
After a presentation and discussion on this matter at our October 4, 2023 GACC Community
Meeting and a vote held at the November 1, 2023 GACC Community Meeting the Greater
A venues Community Council has determined that this restrictive covenant is no longer
necessary. We therefore release our interest in this restrictive covenant and urge the City Council
to do the san1e.
The vote to release the Greater A venues Community Council interest in the Restrictive Covenant
passed by with a vote of 46 in favor, 7 opposed and 1 abstention.
Sincerely,
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Merrilee Morgan, Chair .. -- /)y -
Greater Avenues Community Council represents these Salt Lake City neighborhoods:
Arlington Hills, Canyon Road, Eastern Avenues, Ensign-LOS Hospital, Federal Heights,
Lindsey Gardens, Mid-East Avenues, Mid-West Avenues, Northcrest
Ordinance 06 of 2024 Avenues Restrictive
Covenants
Final Audit Report 2024-03-04
Created:2024-02-23
By:Michelle Barney (michelle.barney@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAizmlNNp0ap2_MFs0f5ptX_HewUdq_UQw
"Ordinance 06 of 2024 Avenues Restrictive Covenants" History
Document created by Michelle Barney (michelle.barney@slcgov.com)
2024-02-23 - 4:17:34 PM GMT
Document emailed to katherine.pasker@slcgov.com for signature
2024-02-23 - 4:20:17 PM GMT
Email viewed by katherine.pasker@slcgov.com
2024-02-23 - 8:02:39 PM GMT
Signer katherine.pasker@slcgov.com entered name at signing as Katherine Pasker
2024-02-26 - 10:55:29 PM GMT
Document e-signed by Katherine Pasker (katherine.pasker@slcgov.com)
Signature Date: 2024-02-26 - 10:55:31 PM GMT - Time Source: server
Document emailed to victoria.petro@slcgov.com for signature
2024-02-26 - 10:55:32 PM GMT
Email viewed by victoria.petro@slcgov.com
2024-02-27 - 4:15:22 AM GMT
Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro
2024-02-28 - 7:12:44 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slcgov.com)
Signature Date: 2024-02-28 - 7:12:46 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2024-02-28 - 7:12:48 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2024-02-29 - 4:24:57 AM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2024-03-01 - 9:14:57 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2024-03-01 - 9:14:59 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2024-03-04 - 4:58:05 PM GMT - Time Source: server
Agreement completed.
2024-03-04 - 4:58:05 PM GMT