Transmittal - 5/9/2024ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: _________________ ________________________
Jill Love, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: 05/08/24
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2023-00482 Request to vacate a portion of 700 South
STAFF CONTACT: Cassie Younger, Senior Planner,
cassie.younger@slcgov.com, 801-535-6211; or
Wayne Mills, Planning Manager
wayne.mills@slcgov.com, 801-535-7282
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council adopt the proposed ordinance
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:
Brent Bateman, representing the property owner, is petitioning to vacate the portion of 700 South
in front of their property at 717 South 5600 West. The applicant intends to use this property for
private use for his business, a truck rental facility.
The applicant’s property is located on the corner of 5600 West and 700 South. 5600 West was
reconstructed from a two to five-lane highway in 2020, and UDOT abandoned the old portion of
5600 West that lies adjacent to the applicant’s property. The City now owns the portion of 5600
Jill Love (May 9, 2024 09:16 MDT)
Jill Love 05/09/2024
05/09/2024
West that was abandoned, but it is a city-owned
parcel and not maintained as a road. This has
resulted in the subject portion of 700 South
becoming a dead-end roadway that provides access
to three properties. Please refer to the Staff Report
linked below for further details.
In July of 2023, the petition was routed for
comments among city departments. The Department
of Public Utilities opposed the vacation petition due
to a 12” and 24” public water main and a 36” sewer
main located within this section of 700 South. They
stated that an easement would not provide enough protection for Public Utilities in this area. The
other city departments were not opposed to the request if certain conditions were met. The Fire
Department stated that there must be access to the fire hydrant at the end of the road and that any
gate installed would need to provide Fire Department access. The Transportation Division would
require a sign placed along the portion of 700 South that would remain open providing notice
that the street is a dead-end. The Engineering Division recommended approval of the request as
long as there is an easement given to Public Utilities.
The applicant had offered a broad easement to Public Utilities, and provided a sample easement
in their submittal. Public Utilities remained firm in their position that “easements are not a
replacement of property ownership when it comes to working on, replacing or accessing our
infrastructure.” Planning staff recommended denying this petition based on these comments from
Public Utilities.
On February 28th 2024, the Planning Commission held a public hearing and discussed this
petition. After discussing the issues with staff and the applicant, the Commission voted to
recommend approval of the vacation to the City Council with the condition “that an easement at
least equally as broad in purpose and scope as the easement contained the Staff Report” would be
recorded against the property.
PUBLIC PROCESS:
•The Planning Division provided a 45-day comment period notice the Poplar Grove
Recognized Community Organization on July 7, 2023.
•Notice was sent to property owners within 300’ of the applicant’s property informing
them of the petition.
•An online open house has been on the Planning Division’s website since July 12, 2023.
•Public noticing of the Planning Commission hearing was completed on February 15,
2024.
•A public hearing was held for this item at the February 28, 2024 meeting. The Planning
Commission voted to recommend the City Council approve the vacation request with the
condition they give Public Utilities an easement as presented in their submittal in the
Staff Report.
Planning Commission (PC) Records
a)PC Agenda of February 28, 2024
b)PC Minutes of February 28, 2024
c)Video recording of PC Meeting February 28, 2024 (Minute 1:13:35)
d)Planning Commission Staff Report from February 28, 2024
EXHIBITS:
1.Chronology
2.Notice of City Council Hearing
3.Applicant’s Materials
4.Mailing List
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SALT LAKE CITY ORDINANCE
No. ________ of 2024
(Vacating a portion of 700 South situated adjacent to property located at 717 S 5600 W)
An ordinance vacating a portion of 700 South adjacent to property located at 717 S 5600
W, pursuant to Petition No. PLNPCM2023-00482.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on February 28, 2024 to consider a request made by Brent Bateman, representing
the property owner, to vacate a portion of 700 South adjacent to property located at 717 S 5600
W, which right-of-way portion is as legally described on Exhibit A (“Right-of-Way”); and
WHEREAS, at its February 28, 2024, 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 Right-of-Way, 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 Right-of-Way. That the portion of 700 South adjacent to
property located at 717 S 5600 W, which right-of-way portion is as legally described on Exhibit
A, is hereby vacated and declared not presently necessary or available for public use. Pursuant to
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Utah Code 72-5-103, the north half of the right-of-way shall pass to Parcel 14-01-351-002-0000
and the south half shall pass to Parcel 14-12-101-001-0000.
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 vacation is also
subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Condition of Vacation. The vacation set forth herein is conditioned upon
the owner of Parcel 14-01-351-002-0000 and Parcel 14-12-101-001-0000 executing and
delivering to the city, within 90 days of adoption of this Ordinance, an easement, in a form
approved by the city attorney, for any existing public utilities within the Right-of-Way.
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 condition set forth in Section 3 is
satisfied as certified by the Salt Lake City Planning Director or his designee.
SECTION 5. Time. If the condition set forth in Section 3 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 condition in Section 3 by resolution.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2024.
______________________________
CHAIRPERSON
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ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024
Published: ______________.
Ordinance vacating 700 S adjacent to 717 S 5600 W
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine Pasker, Senior City Attorney
May 2, 2024
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EXHIBIT “A”
Legal description of Portion of 700 S to be vacated:
A PORTION OF 700 SOUTH STREET RIGHT-OF-WAY LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 1, AND THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 1 SOUTH, RANGE 2 WEST, SALT LAKE BASE AND MERIDIAN. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 700 SOUTH
STREET, SAID POINT BEING SOUTH 00°01’17” WEST 33.00 FEET ALONG THE
SECTION LINE AND SOUTH 89°53’22” EAST (PARALLEL WITH THE NORTH LINE OF
SAID SECTION 12) 40.00 FEET; THENCE SOUTH 89°53’22” EAST (PARALLEL WITH
AND 33.00 FEET PERPENDICULARLY DISTANT FROM THE NORTH LINE OF SAID
SECTION 12) 471.45 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE; THENCE
NORTH 00°01’17” EAST 66.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 700
SOUTH STREET; THENCE NORTH 89°53’22” WEST (PARALLEL WITH AND 33.00 FEET
PERPENDICULARLY DISTANT FROM THE SOUTH LINE OF SAID SECTION 1) 471.60
FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 00°06’16” EAST
66.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.71 ACRES OR 31,121 SQFT. MORE OR LESS
1)CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00482
June 26, 2023 Application for Street Vacation was received.
July 3, 2023 Petition PLNPCM2023-00482 was assigned to Cassie
Younger, Senior Planner, for staff analysis and processing.
July 7, 2023 Notice was sent to the Poplar Grove Recognized
Community Organization informing them of the petition.
Notice was sent to property owners within 300’ of the
applicant’s property.
July 12, 2023 The proposal was posted for an online open house.
The proposal can still be viewed online.
August 21, 2023 The 45-day public comment period for Recognized
Organizations ended.
October 27, 2023 Meeting with applicant, Planning, Public Utilities, and
Engineering staff to discuss the petition. Public Utilities
stated their opposition but said they would check with
city’s maintenance crew to see if an easement would be
acceptable.
January 19, 2024 Public Utilities confirmed that an easement would not be
sufficient and restated their opposition to the vacation.
February 15, 2024 Agenda posted to the Planning Commission website and
the State of Utah Public Notice webpage.
Property owners within 300’ of the applicant’s property
were notified of the public hearing.
The applicant posted signs on the property of the public
hearing.
February 23, 2024 Planning Commission Staff Report was posted.
February 28, 2024 Planning Commission held a public hearing and made a
recommendation to the City Council to approve the
proposed street vacation.
March 14, 2024 Staff requested Ordinance from the Attorney’s Office
May 2, 2024 Ordinance received from Attorney’s Office
2)NOTICE OF CITY COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00482, a request by
Brent Bateman, representing the property owner at 717 South 5600 West to vacate a
portion of 700 South. The subject portion of 700 South abuts the north side of the
applicant’s property. If the street is vacated, it will be sold to the applicant at fair market
value and converted to private use.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petitions. During the hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may
consider adopting the ordinance the same night of the public hearing. The hearing will be
held:
DATE:
TIME: 7:00 pm
PLACE: 451 South State Street, Room 326, Salt Lake City, Utah
** This meeting will be held in-person, to attend or participate in the hearing at the
City and County Building, located at 451 South State Street, Room 326, Salt Lake
City, Utah. For more information, please visit www.slc.gov/council. Comments may
also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending
an email to council.comments@slcgov.com. All comments received through any
source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Wayne Mills at 801-535-7282 between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, or via e-mail at wayne.mills@slcgov.com,
The application details can be accessed at https://citizenportal.slcgov.com/, by selecting
the “Planning” tab and entering the petition number PLNPCM2023-00482
People with disabilities may make requests for reasonable accommodation, which may
include alternate formats, interpreters, and other auxiliary aids and services. Please make
requests at least two make a request, please contact the City Council Office at
council.comments@slcgov.com, (801)535-7600, or relay service 711.
3)APPLICANT'S MATERIALS
Street Closure
OFFICE USE ONLY
Received By: Date Received: Project #:
Project Name:
PLEASE PROVIDE THE FOLLOWING INFORMATION
Name/Location of the Street:
Name of Applicant: Phone:
Address of Applicant:
E-mail of Applicant:Cell/Fax:
Applicant’s Interest in Subject Property:
Owner Contractor Architect Other:
Name of Property Owner abutting the street (if different from applicant):
E-mail of Property Owner:Phone:
Please note that additional information may be required by the project planner to ensure adequate
information is provided for staff analysis. All information required for staff analysis will be copied and
made public, including professional architectural or engineering drawings, for the purposes of public
review by any interested party.
AVAILABLE CONSULTATION
Planners are available for consultation prior to submitting this application. Please email
zoning@slcgov.com if you have any questions regarding the requirements of this application.
WHERE TO FILE THE COMPLETE APPLICATION
Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit
online.
REQUIRED FEE
Filing fee of $428
Plus, additional fee for required public notices. Noticing fees will be assessed after application is submitted.
SIGNATURE
If applicable, a notarized statement of consent authorizing applicant to act as an agent will be required.
Signature of Owner or Agent: Date:
SA
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UPDATED 6/28/22
West 700 South
Bott Properties, LLC 801-375-6600
brent.bateman@dentons.com n/a
brent.bateman@dentons.com 801-375-6600
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717 S 5600 W Salt Lake City, UT 84104
KB 700 South, LLC
Updated 9/14/22
ACKNOWLEDGEMENT OF RESPONSIBILITY
This is to certify that I am making an application for the described action by the City and that I am responsible for
complying with all City requirements with regard to this request. This application will be processed under the name
provided below. By signing the application, I am acknowledging that I have read and understood the instructions
provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true
and correct to the best of my knowledge. I understand that the documents provided are considered public records and
may be made available to the public. I understand that my application will not be processed until the application is
deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application
includes all of the required submittal requirements and provided documents comply with all applicable requirements for
the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must
be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or
corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this
application. I understand that a staff report will be made available for my review prior to any public hearings or public
meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has
been finalized.
AFFIRMATION OF SUFFICIENT INTEREST
I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from
the owner to pursue the described action.
The following shall be provided if the name of the applicant is different than the name of the property owner:
1.If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner.
2.If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action.
3.If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of
the joint venture or partnership
4.If a Home Owner’s Association is the applicant than the representative/president must attach a notarized letter
stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal
and a statement of the outcome provided to the City along with the statement that the vote meets the
requirements set forth in the CC&Rs.
Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code
Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to
the applicant’s interest in the property that i s the subject of this application.
APPLICANT SIGNATURE
Name of Applicant: Application Type:
Mailing Address:
Email: Phone:
Signature: Date:
FEE TITLE OWNER SIGNATURE
Legal Description of Subject Property:
Name of Owner:
Mailing Address Street Address:
Signature: Date:
Bott Properties, LLC
801-375-6600
Street Closure
brent.bateman@dentons.com
/s/ Brent Bateman
Bott Properties, LLC and KB 700 South, LLC
717 S 5600 W Salt Lake City, UT 84104
717 S 5600 W Salt Lake City, UT 84104
/s/ Brent Bateman 6/20/23
n/a
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SUBMITTAL REQUIREMENTS
Please include with the application: (please electronically attach additional sheets)
1.A letter explaining why you are requesting this Street Closure.
2.A Sidwell map showing the area of the proposed Street Closure. On the map please:
a.Highlight the area of the proposed Street Closure.
b.Indicate the property owners abutting the proposed Street Closure.
c.Submit a digital (PDF) copy of the map.
3.A written description with the width and length measurements of the proposed Street Closure.
•A final legal description prepared by a licensed engineer will be required later.
4.The name, address and signatures of all abutting property owners who support the petition.
•You may use the form attached to this application or provide your own form with signatures.
•Signatures should be from the property owners and not from the property renters.
Please be aware that once the City closes the street it will then sell the property at fair market value to the abutting
property owners.
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
______ I acknowledge that Salt Lake City requires the items above to be submitted before my application can be
processed. I understand that Planning will not accept my application unless all of the following items are
included in the submittal package.
UPDATED 6/28/22
BB
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PETITION TO CLOSE A STREET
Name of Applicant:
Address of Applicant:
Date:
As an owner of property adjacent to the street, I agree to the proposed street closure. I also understand that I have
the option to purchase the portion of the street adjacent to my property at fair market value.
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
Print Name Address Signature Date
UPDATED 6/28/22
Bott Properties, LLC
717 S 5600 W Salt Lake City, UT 84104
/s/ Brent Bateman
/s/ Brent Bateman
6/20/23
Kevin Bott
Manager
Kevin BottManager
Brent Bateman
Shareholder
Brent.bateman@dentons.com
O 1+ (801) 415-3000
Dentons Durham Jones Pinegar P.C.
111 South Main Street, Suite 2400
Salt Lake City, Utah 84111
United States
dentons.com
June 20, 2023
Salt Lake City Planning Commission
To whom it may concern:
I am writing this letter on behalf of my client in compliance with the directions provided in the Salt Lake
City Planning Commission street closure application.
My client is requesting the closure of the street located at West 700 South (the “Street”) which intersects
with 5600 West. Allow me to provide a bit of background on the requested closure.
The Utah Department of Transportation (“UDOT”) recently completed a project known as SR-172, 5600
W. Railroad Crossing (PIN 14413) (the “Project”) which, among other things, created a bridge or overpass
above the railroad tracks, which tracks now cross under the newly developed SR-172, 5600 West, and
rendered the former 5600 West in that location impassible. As such, the Street also saw a drastic lack of
use after completion of the Project, as the now replaced 5600 West no longer connected to any street
and other larger roads were available for traveling south.
Due in part to this lack of use, on September 16, 2021, UDOT signed a settlement agreement (the
“Agreement”) with my client to abandon 5600 West. UDOT presented the Agreement to the transportation
commission where it was accepted.
With the completion of the Project and the abandonment of 5600 West by UDOT, the Street lack of use
has drastically increased.
As such, my client is requesting the closure of the Street as the lack of use of the Street is readily
apparent. Closure of the Street would permit my client to maintain and care for the Street as well as
would officially relieve Salt Lake City of any responsibility for its upkeep.
Very truly yours,
DENTONS DURHAM JONES PINEGAR P.C.
Brent Bateman
:DDJPP
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Department Review Comments
PLNPCM 2023- 00482
This proposal was reviewed by the following departments. Any requirement identified by a City
Department is required to be complied with.
Building: Comments provided by Bryan Romney
There are no building code issues with this proposal.
Engineering: Comments provided by Scott Weiler
SLC Engineering supports the proposed street closure application for a portion of 700 South adjacent
to the Barco property. Engineering’s comments are:
• The parcel owner on the corner of 700 South/5500 West (752 S. 5500 West) might want the
City to continue to maintain 700 South along its frontage of 700 South. In fact, on June 27th,
Great Basin Cabinetry had a DRT to discuss its proposed development on that vacant lot,
including access directly onto 700 South. Engineering recommends that the street vacation
not extend past the east property line of the applicant’s (Barco) property.
• A utility easement will be required for Public Utilities.
The next two comments are related to the property description and came from Chris Donoghue:
• current ties call for 32.94’ and 39.87’. The offsets to the public r/w are 33’ and 40’. So those
ties need to change.
• I do not like the east boundary of the vacation they are requesting. It creates 2 weird public
r/w boundaries with the 2 radiuses of 5500 West. I would prefer them to cut the vacation
back to the property boundary between the 2 parcels on the south.
Fire: Comments provided by Seth Hutchinson
Access to the fire hydrant, on this section of road, must be maintained for fire department
use. Any gates that may be installed must have an FD Knox Lock, or if it is an electric gate
an EKnox, for fire department access. Other than these things, I see no issues with this
proposal.
Reviewed by Seth Hutchinson, phone (801) 535-7164. If you have any questions email is the
preferred method of contact: seth.hutchinson@slcgov.com
Sustainability:
Sustainability does not have comments for PLNPCM2023-00482.
Transportation: Comments provided by Jena Carver
I would not support closing this without more information on the “abandonment” of 5600 W and some
sort of shared access easement for the property to the north to use the private road. Does the property
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to the north have to be involved in the closure. My understanding of street vacation law is that property
owners on each side of the street get first right of refusal to buy the right-of-way.
Applicant will need [neighboring property’s] signatures and will need to show how the properties are
going to be accessed. They will still need a cross access easement unless they combine the properties. I
also need some assurance from UDOT that they don’t need the access to the old 5600 West.
The property to the north [ 5552 W 700 S ] cannot have access to 700 S to the north, this property
must be accessed from the south side of the parcel onto 700 S. A cross access or lot consolidation would
be necessary to move forward with the application .
Public Utilities: Comments provided by Kristeen Beitel
Public Utilities opposes the street vacation. There is a 12” public water main, 24” public water
main, and 36” public sewer main that run through this roadway. This roadway needs to remain a
public right of way for access to these facilities. An easement will not provide enough protection for
SLCDPU access in this area.
-Kristeen Beitel
When we install and maintain facilities in the public ROW, which is standard practice, it is with the
intent that we will have the access needed to access and maintain the infrastructure. It is not in the
best interest of PU to agree to release the Public ROW ownership. We have found that easements are
not a replacement of property ownership when it come to working on, replacing or accessing our
infrastructure.
The UDOT project that closed this access was not favorable to PU and has caused a loss of access to our
critical facilities in this area. It was intended that this section of ROW would remain as such to allow
for our access to the facilities in not only the 700 South but also the 5600 West section that has been
closed off.
I agree with Kristeen that no closure of the street should be allowed and sold to the adjacent
properties. I am happy to visit when I return to the office in a few weeks.
- Karryn Greenleaf
Urban Forestry: Comments provided by Rick Nelson
No Comments.
Zoning: Comments provided by Cassie Younger
The Council does not allow street closure when it would deny all access to another property.
Transportation is not allowing 5552 W 700 S access from the north, only to the south on 700 S, so a
cross access would be needed, or modification of the request. 720 S 5500 W also is in the development
process and planned on having access off 700 S.
Real Estate Services is working on a valuation for the street property. The applicant will need to pay
fair-market value for the land.
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Brent N. Bateman
Attorney at Law
brent.bateman@dentons.com
D 1+ (801) 375-6600
Dentons Durham Jones Pinegar P.C.
3301 N. Thanksgiving Way, Suite 400
Lehi, Utah 84043
United States
dentons.com
_6443250
Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.
September 29, 2023
Via – cassie.younger@slcgov.com
Cassie Younger
Salt Lake Public Utilities
1530 S. West Temple St.
Salt Lake City, UT 84115
Dear Cassie:
This letter is in response to the Department Review Comments that we received from you with respect to
my client’s street closure application for a portion of 700 South adjacent to the Barco property. I will
respond to each of the items on the Department Review Comments sheet, attached hereto. I have added
numbers to the Department Review Comments sheet for clarity.
Building
1. No response needed.
Engineering
2. Applicant agrees to the street vacation not extending past the applicant’s east property line.
3. Applicant agrees to enter into such a utility easement. Please see the proposed easement,
attached.
4. Applicant agrees to such change.
5. Same as #2, above.
Fire
6. Applicant agrees to these requirements. If applicant places a fence at the end of the abandoned
area, applicant will install and maintain and fire department-approved lock, as stated.
Sustainability
7. No response needed.
Transportation
8. Attached please find the UDOT abandonment of 5600 West. If any further information about that
abandonment is needed, please let me know. Regarding the property to the North, that property
is also owned by the Applicant. Applicant owns both sides of this section of the old 700 South,
although in different entities. If a shared access agreement, an authorization letter, or anything
else is needed for the property to the North of the proposed abandonment that can be easily
obtained. The properties are expected to be consolidated following abandonment.
Cassie Younger
September 29, 2023
Page 2
dentons.com
_6443250
9. Same as above. The neighboring property is also owned by the applicant. Both properties will be
accessed by the stubbed off 700 S. UDOT has maintained ownership of the portions of 5600
West that they need in their abandonment resolution.
10. The property to the north is owned by Applicant, and will be accessed by the stub of old 700 S. If
the road is abandoned, a lot consolidation is intended.
Public Utilities
11. Please see the proposed attached very broad easement that will maintain the current right of way
as an unobstructed drivable surface, and will permit Salt Lake City to access the area and its
utilities beneath the surface as needed. It is the intent of the applicant that the drivable surface
remain in better condition than it is now, so that customers may use it to access the applicant’s
business. It is the intent that Salt Lake City have no impediments to the use and access of its
underground utilities, and the easement for those utilities remain public.
12. Applicant will also extend its easement to the 5600 West property, allowing SLPU full access to
the facilities in 5600 West. The attached form can be used or any form that the City prefers.
Urban Forestry
13. No response needed.
Zoning
14. The street closure will not deny or impair or reduce access to another property. As stated above,
the property to the North is owned by applicant, who intends to continue to access its land
through the remaining stub of 700 South. The applicant will provide a full and unimpeded
easement to the City to access its utilities on both 700 South and 5600 West. 720 South 5500
West will also be able to maintain access off of 700 South because the applicant agrees to end
the abandonment at applicant’s East boundary.
DENTONS DURHAM JONES PINEGAR P.C.
Brent N. Bateman
ROAD CLOSURE
Parcels_SaltLake_LIR
LEGEND
Page 1 of 3
SLC_1118718
WHEN RECORDED, MAIL TO:
Salt Lake City Corporation
451 S State St.
Salt Lake City, UT 84111
Affecting a portion of Tax Parcel No: 14121010070000
PUBLIC UTILITY EASEMENT
For Mutual Consideration, the receipt of which is hereby acknowledged:
BOTT PROPERTIES, LLC, a Utah limited liability, as Grantor, of 707 S 5600 W, Salt Lake
City, Utah 84104, hereby grants unto SALT LAKE CITY CORPORATION, as Grantee, of 451
S State St, Salt Lake City, Utah 84111, a non-exclusive public utility easement along the entire length
and width of former 700 South and former 5600 West (prior to abandonment), as shown on the
attached map and description attached hereto as Exhibit A. The purpose of this easement is to allow
Salt Lake City to use, access, uncover, maintain, and update the public utility facilities and other
utilities presently within the easement area, and to allow Grantee to exercise all the rights, obligations
and limitations to which public utility easements are subject.
Grantee is authorized the right to dig up the public utility easement area, access the easement
area at any hour of any day, and any other right needed to service, maintain, and access the 12”
public water main, 24” public water main, and 36” public sewer main, including any future
improvements or additions, found in the public utility easement area.
Grantor reserves the right to use the public utility easement area for any purpose that does not obstruct
or interfere with the easement rights granted herein.
WITNESS, the hand of said Grantor, this _____day of _______________, 2023.
BOTT PROPERTIES, LLC:
_____________________________________
[●], Manager
Page 2 of 3
SLC_1118718
STATE OF )
)ss.
COUNTY OF )
On the _____ day of _______________, 2023, personally appeared before me _________, the signer
of the within and foregoing instrument, whose identity is personally known to me or proved to me on the
basis of satisfactory evidence, and who, by me duly sworn (or affirmed) that he executed the same as the
Manager of Bott Properties, LLC
Notary Public
My Commission Expires:
ACCEPTANCE OF PUBLIC UTILITY EASEMENT
The Salt Lake City Corporation, a municipal corporation of the State of Utah, hereby accepts the
above Public Utility Easement, and in consideration thereof agrees that it will utilize and maintain
the same for purposes consistence therewith.
Dated this _____ day of _______________, 2023.
SALT LAKE CITY CORPORATION:
By: _____________________________
Its: Mayor
ATTEST:
By: _____________________________
Its: City Recorder
Page 3 of 3
SLC_1118718
Exhibit A
Easement Area
4)MAILING LIST
OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STAT OWN_ZIP
PROPERTY RESERVE, INC 50 S MAIN ST SALT LAKE CITY UT 84101
KB 700 SOUTH, LLC 111 S MAIN ST SALT LAKE CITY UT 84111
OEMETA, INC 5655 W 610 S SALT LAKE CITY UT 84104
UTAH DEPARTMENT OFTRANSPORTATION PO BOX 148420 SALT LAKE CITY UT 84114
Current Owner 875 E 2ND ST RENO NV 89502
Current Owner PO BOX 148420 SALT LAKE CITY UT 84114
WARRCO LLC 4908 HEIDI WY ERDA UT 84074
UNION PACIFIC RAILROADCOMPANY 1400 DOUGALS ST STOP 1640 OMAHA NE 68179
UNION PACIFIC RAILROADCOMPANY 1400 DOUGLAS ST MAIL STOP OMAHA NE 68179
Current Owner 4990 S FAIRBROOK LN HOLLADAY UT 84117
Current Owner PO BOX 148420 SALT LAKE CITY UT 84114
Current Owner PO BOX 145460 SALT LAKE CITY UT 84114
BOTT PROPERTIES LLC 717 S 5600 W SALT LAKE CITY UT 84104
BERTOCH & ASSOCIATES LC 9471 S MCVEA CT SOUTH JORDAN UT 84009
ABRACADABRA, LLC 5495 W SHEA DR SALT LAKE CITY UT 84104
BOTT PROPERTIES, LLC 717 S 5600 W SALT LAKE CITY UT 84104
OQUIRRH INVESTMENT COMPANY 752 S 5500 W SALT LAKE CITY UT 84104
THOMAS, DENNIS W 752 S 5500 W SALT LAKE CITY UT 84104
ABRACADABRA, LLC 5495 W SHEA DR SALT LAKE CITY UT 84104
MCI TELECOMMUNICATIONSCORPORATIO 500 CLINTON CENTER DR CLINTON MS 39056
GYGI PROPERTIES LLC 721 S 5500 W SALT LAKE CITY UT 84104
MLP ANDERSON FAMILYPROPERTIES LLC 368 W 2725 S BOUNTIFUL UT 84010
UNION PACIFIC RAILROAD CO 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179
Current Occupant 5448 W 700 S Salt Lake City UT 84104
Current Occupant 5552 W 700 S Salt Lake City UT 84104
Current Occupant 5653 W 610 S Salt Lake City UT 84104
Current Occupant 5633 W 700 S Salt Lake City UT 84104
Current Occupant 850 S 5600 W Salt Lake City UT 84104
Current Occupant 862 S 5600 W Salt Lake City UT 84104
Current Occupant 5521 W SHEA DR Salt Lake City UT 84104
Current Occupant 725 S 5600 W Salt Lake City UT 84104
Current Occupant 720 S 5500 W Salt Lake City UT 84104
Current Occupant 5463 W SHEA DR Salt Lake City UT 84104
Current Occupant 5545 W SHEA DR Salt Lake City UT 84104
Current Occupant 751 S 5500 W Salt Lake City UT 84104
Current Occupant 886 S 4800 W Salt Lake City UT 84104
Cassie Younger 1168 N Colorado St SALT LAKE CITY UT 84116