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Proposed Ordinance - 8/1/20241 SALT LAKE CITY ORDINANCE No. ________ of 2024 (Authorizing the amendment of the Brooklyn and Dolan subdivisions in order to vacate a portion of Brooklyn Avenue and an adjacent city-owned alley) An ordinance authorizing the amendment of the Brooklyn and Dolan subdivisions to vacate the portion of Brooklyn Avenue located within and adjacent to those subdivisions and to vacate an unnamed city-owned alley located within the Brooklyn subdivision, pursuant to Petition Nos. PLNSUB 2023-00493, PLNPCM2022-00068, and PLNPCM2022-00349. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on December 13, 2023, to consider a request made by Jonah Hornsby and Jody Jones, of Jodah One, LLC, (“Applicants”) (Petition Nos. PLNSUB 2023-00493, PLNPCM2022- 00068, and PLNPCM2022-00349) to amend the Brooklyn and Dolan Subdivisions in order to vacate a portion of Brooklyn Avenue Street between 500 West and the West Temple Viaduct right of way and to vacate an adjacent unnamed alley, as set forth in that certain Brooklyn Subdivision Amended, attached hereto as Exhibit “A”; and WHEREAS, at its December 13, 2023, hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petitions to the Salt Lake City Council (“City Council”); and WHEREAS, the City Council finds after holding a public hearing on this matter, that good cause exists for the vacation of the public rights-of-way identified in the proposed Brooklyn Subdivision Amended and neither the public interest nor any person will be materially injured by the vacations; and NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Authorizing the Subdivision Amendment. Subject to obtaining all of the additional approvals required by Utah Code 10-9a-604, the City Council hereby authorizes the amendment of the Dolan and Brooklyn subdivision plats concerning the proposed vacation of a portion of Brooklyn Avenue and the adjacent unnamed alley, all as set forth in the proposed Brooklyn Subdivision Amended, attached hereto as Exhibit “A”, which is the subject of Petition No. PLNSUB2023-00493. SECTION 2. Vacating a Section of Brooklyn Avenue. Upon recording the final plat of Brooklyn Subdivision Amended the portion of Brooklyn Avenue located between 500 West and the West Temple Viaduct Right of Way, which is the subject of Petition No. PLNPCM2022- 00068, is hereby vacated. SECTION 3. Vacating a City-Owned Alley. Upon recording the final plat of Brooklyn Subdivision Amended that certain unnamed, city-owned alley, located within the Brooklyn Subdivision running between Brooklyn Avenue and the West Temple Viaduct Right of Way, which is the subject of Petition No. PLNPCM2022-00349, is hereby vacated. SECTION 4. Reservations and Disclaimers. Vacating the rights-of-way as approved herein shall not be construed to impair the right-of-way or easement of any parcel or lot owner, the rights of any public utility, or the rights of any culinary water authority or sanitary sewer authority. SECTION 5. Conditions. The final plat of the Brooklyn Subdivision Amended shall be submitted to the Salt Lake City Planning Division within 18 months and recorded with the Salt Lake County Recorder within 24 months of the date of adoption by the City Council. SECTION 6. Effective Date. This Ordinance shall become effective on the date of its first publication. The Salt Lake City Recorder is instructed to not publish this Ordinance until the 3 conditions set forth in Section 5 pertaining to delivering and recording the final plat of Brooklyn Subdivision Amended is satisfied as certified by the Salt Lake City Planning Director or his designee. The City Council may, for good cause shown, extend the time period set forth in this section by resolution. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2024. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2024. Published: ______________. Ordinance Vacating Brooklyn Ave & Alley_v1 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney May 4, 2024 LOT 1 91,545 SQ FT 2.102 ACRES LOT 2 33,767 SQ FT 0.775 ACRES N 89°56'40" E 332.17' S 0 0 ° 0 1 ' 0 1 " E 2 3 3 . 3 0 ' S 38°49'11" W 63.51' S 34°19'47" W 48.47' S 3 0 ° 4 0 ' 0 7 " W 1 2 7 . 7 3 ' N 4 3 ° 1 7 ' 2 6 " W 1 3 1 . 0 3 ' N 0 0 ° 0 1 ' 0 1 " W 3 3 7 . 0 8 ' 23 3 . 3 0 ' 14 . 3 4 ' 6.06' N 89°56'40" E 296.15' 10 . 0 ' P . U . E . 10.0' P.U.E. 33 . 0 0 ' N 89°56'40" E 35.00' 57.4 4 ' BROOKLYN AVENUE RIGHT OF WAY VACATED BY THIS PLAT. 4.72' 40 . 0 0 ' 44 . 7 2 ' S 89°56'40" W 110.00' 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 10 NORTH 7240531 BRIAN A. LINAM SURVEYOR'S CERTIFICATE I, BRIAN A. LINAM DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR, AND THAT I HOLD LICENSE NO. 7240531, IN ACCORDANCE WITH TITLE 58, CHAPTER 22, OF THE PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT; I FURTHER CERTIFY THAT BY AUTHORITY OF THE OWNERS I HAVE COMPLETED A SURVEY OF THE PROPERTY DESCRIBED ON THIS SUBDIVISION PLAT AND FILED SURVEY AS S 2022-05-0266 IN THE OFFICE OF THE SALT LAKE COUNTY SURVEYOR. IN ACCORDANCE WITH SECTION 17-23-17, HAVE VERIFIED ALL MEASUREMENTS, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS, TOGETHER WITH EASEMENTS, HEREAFTER TO BE KNOWN AS: AND THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. SHEET 1 OF 1 BENCHMARK ENGINEERING & LAND SURVEYING NUMBER ACCOUNT SHEET OF SHEETS BROOKLYN SUBDIVISION AMENDED BROOKLYN SUBDIVISION AMENDED BOUNDARY DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 30, BLOCK I, BROOKLYN SUBDIVISION, RECORDED AS ENTRY NO. 13456 IN BOOK C AT PAGE 2 IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER, SAID POINT BEING SOUTH 00°01'01” EAST 33.00 FEET AND NORTH 89°56'40” EAST 35.00 FEET FROM THE STREET MONUMENT LOCATED AT THE INTERSECTION OF 500 WEST STREET AND FAYETTE AVENUE, AND RUNNING THENCE NORTH 89°56'40” EAST 332.17 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF FAYETTE AVENUE; THENCE SOUTH 00°01'01” EAST 233.30 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE INTERSTATE - 15 OFF RAMP; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 38°49'11” WEST 63.51 FEET; 2) SOUTH 34°19'47” WEST 48.47 FEET; 3) SOUTH 30°40'07” WEST 127.73 FEET; 4) SOUTH 89°56'40” WEST 110.00 FEET; 5) NORTH 43°17'26” WEST 131.03 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 500 WEST STREET; THENCE NORTH 00°01'01” WEST 337.08 FEET TO THE POINT OF BEGINNING. CONTAINS: 125,312 SQ. FT. OR 2.877 DATE CITY ENGINEER DATE CITY SURVEYOR I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT EXAMINED BY THIS OFFICE AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE. CITY ENGINEERING DIVISION DATE FEE $________ PLANNING DIRECTOR APPROVED THIS ________________DAY OF ________A.D., 20_____, BY THE SALT LAKE CITY PLANNING COMMISSION. CITY PLANNING DIRECTOR SALT LAKE CITY PUBLIC UTILITIES DIRECTOR CITY PUBLIC UTILITIES DEPT. DETAILS THIS _____ DAY OF___________, A.D., 20__ APPROVED AS TO SEWER AND WATER SALT LAKE CITY ATTORNEY CITY ATTORNEY APPROVED AS TO FORM THIS_____ DAY OF___________, A.D., 20__ CITY APPROVAL THIS SUBDIVISION WAS APPROVED AND ACCEPTED SALT LAKE CITY MAYOR _______DAY OF______, A.D.,20__ AT WHICH TIME PRESENTED TO SALT LAKE CITY THIS RECORDED #__________ STATE OF UTAH, COUNTY OF SALT LAKE, RECORDED AND DATE______________TIME_________BOOK____PAGE____ DEPUTY SALT LAKE COUNTY RECORDER _____________________________ FILED AT THE REQUEST OF________________________ SALT LAKE COUNTY RECORDER NUMBER ACCOUNT SHEET OF SHEETSSALT LAKE COUNTY HEALTH DEPARTMENT APPROVED THIS____________________DAY OF_______________________A.D., 20___ LEGEND BOUNDARY LINE ADJACENT PROPERTY STREET MONUMENT LINE (EXISTING) LOT LINE ORIGINAL LOT LINES EX. BRASS CAP MONUMENT (RING & LID) STREET MONUMENT (NOT FOUND) BOUNDARY CORNER (SET 58 REBAR AND CAP OR AS NOTED ON PLAT) "STAMPED BENCHMARK ENG." LOCATED IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN. VICINITY MAP STATEMENT OF ACCURACY, MINIMUM LINEAR CLOSURE OF 1:15,000. AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE SALT LAKE COUNTY HEALTH DEPARTMENT BENCHMARK ENGINEERING & LAND SURVEYING 2111349.dwg AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE BROOKLYN SUBDIVISION AMENDED AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN TAX ID #S: 15-12-327-001 15-12-326-001 15-12-326-002 15-12-326-003 15-12-326-004 15-12-326-005 SALT LAKE CITY RECORDER NTS SITE I- 1 5 900 SOUTH50 0 W E S T 40 0 W E S T 30 0 W E S T 20 0 W E S T 70 0 W E S T UN I O N P A C I F I C RA I L R O A D I- 1 5 I- 1 5 FAYETTE AVE P.O.B. NW CORNER OF LOT 30, BLOCK I, BROOKLYN SUBDIVISION UTAH D E P A R T M E N T O F TRANS P O R T A T I O N UTAH D E P A R T M E N T O F TRAN S P O R T A T I O N UTAH D E P A R T M E N T O F TRANS P O R T A T I O N BA S I S O F B E A R I N G S NO R T H 0 0 ° 0 1 ' 0 1 " W E S T 6 7 7 . 3 7 ' STREET MONUMENT 500 W. ST. & FAYETTE AVE. (FOUND BRASS CAP) FAYETTE AVENUE (PUBLIC ROAD) SLC R E A L E S T A T E I N V E S T M E N T S , L L C PARCE L # 1 5 - 1 2 - 3 2 6 - 0 0 7 STREET MONUMENT (500 W. ST.) (NOT FOUND) 15' STORM DRAIN EASEMENT ENTRY NO. __________ BOOK/PAGE: ______/______ 15' STORM DRAIN EASEMENT ENTRY NO. __________ BOOK/PAGE: ______/______ UTILITY EASEMENT SEE NOTE 2. KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED ARE THE OWNER(S) OF THE ABOVE DESCRIBED TRACT OF LAND, AND HEREBY CAUSE THE SAME TO BE DIVIDED INTO LOTS, PARCELS AND STREETS, TOGETHER WITH EASEMENTS AS SET FORTH TO BE HEREAFTER KNOWN AS AND DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL ROADS AND OTHER AREAS SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. THE UNDERSIGNED OWNER(S) HEREBY CONVEYS TO ANY AND ALL PUBLIC UTILITY COMPANIES A PERPETUAL, NON EXCLUSIVE EASEMENT OVER THE PUBLIC UTILITY EASEMENTS SHOWN ON THIS PLAT, THE SAME TO BE USED FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF UTILITY LINES AND FACILITIES. THE UNDERSIGNED OWNER(S) ALSO HEREBY CONVEY ANY OTHER EASEMENT AS SHOWN AND/OR NOTED ON THIS PLAT TO THE PARTIES INDICATED AND FOR THE PURPOSES SHOWN AND/OR NOTED HEREON. THIS ______DAY OF_______________, A.D. 20_____. OWNER'S DEDICATION BROOKLYN SUBDIVISION AMENDED SIGNATURE SIGNATURE KESSIMAKIS PROPERTIES, L.L.C. SLC REAL ESTATE INVESTMENTS, LLC SIGNATURE JODAH ONE, LLC, LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME _________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE IS A ______________________ OF KESSIMAKIS PROPERTIES, L.L.C., A UTAH LIMITED LIABILITY COMPANY, AND THAT THE OWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC, AND SAID ____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAH County of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN ______________ COUNTY PRINT NAME (DATE) COMMISSION NUMBER:_________________ LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME _________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE IS A ______________________ OF SLC REAL ESTATE INVESTMENTS, LLC, A DELEWARE LIMITED LIABILITY COMPANY, AND THAT THE OWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC, AND SAID ____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAH County of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN ______________ COUNTYPRINT NAME (DATE) COMMISSION NUMBER:_________________ LLC ACKNOWLEDGMENT ON THE ______ DAY OF ____________ A.D., 2023, PERSONALLY APPEARED BEFORE ME _________________________, WHOSE IDENTITY IS PERSONALLY KNOWN TO ME (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) AND WHO, BY ME DULY SWORN/AFFIRMED, DID SAY THAT HE/SHE IS A ______________________ OF JODAH ONE, LLC, A UTAH LIMITED LIABILITY COMPANY, AND THAT THE OWNER'S DEDICATION WAS SIGNED BY HIM/HER ON BEHALF OF SAID LLC, AND SAID ____________________________, ACKNOWLEDGED TO ME THAT SAID LLC EXECUTED THE SAME. STATE OF UTAH County of Salt Lake S.S. MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC RESIDING IN ______________ COUNTYPRINT NAME (DATE) COMMISSION NUMBER:_________________ NOTES: 1. THIS PLAT IS SUBJECT TO ANY EASEMENTS OR NOTES SHOWN ON BROOKLYN SUBDIVISION, RECORDED AS ENTRY NO. 13456 IN BOOK C AT PAGE 2 IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER. 2. THIS PLAT IS SUBJECT TO ANY EASEMENTS OR NOTES SHOWN ON DOLANS SUBDIVISION, RECORDED AS ENTRY NO. 40995 IN BOOK C AT PAGE 120 IN THE OFFICE OF THE SALT LAKE COUNTY RECORDER. STREET MONUMENT 500 W. ST. & 900 S. ST. (FOUND BRASS CAP) RIGHT OF WAY EASEMENT ENTRY NO. 2093107 BOOK /PAGE: 2346/107 RIGHT OF WAY EASEMENT ENTRY NO. 2096174 BOOK /PAGE: 2351/432 UTILITY EASEMENT SEE NOTE 1. NO R T H 0 0 ° 0 1 ' 0 1 " W E S T 3 4 9 . 9 0 ' AMENDING LOTS 30-38 DOLANS SUBDIVISION, LOTS 14-38 OF BROOKLYN SUBDIVISION, AND VACATING BROOKLYN AVENUE BRIAN A... LINAMINAMNAMNAMNAMNAMNNAMNAMNAMNAMM 4-28-23 Alley Vacation Request EX H I B I T A