Proposed Ordinance - 5/9/20241
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