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HomeMy WebLinkAboutProposed Ordinance - 1/14/2025SALT LAKE CITY ORDINANCE No. _____ of 2025 (Vacating a city-owned alley situated adjacent to properties located at 1161 S 300 West, 268 W Paxton Avenue, 250 W Paxton Ave, 260 W Paxton Avenue, 254 W Paxton Avenue, 240 W Paxton Avenue, 218 W Paxton Avenue, 216 W Paxton Avenue, 1125 S 300 West, and 1095 S 300 West) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 1161 S 300 West,268 W Paxton Avenue, 250 W Paxton Ave, 260 W Paxton Avenue, 254 W Paxton Avenue, 240 W Paxton Avenue, 218 W Paxton Avenue, 216 W Paxton Avenue, 1125 S 300 West, and 1095 S 300 West (collectively “Property”) pursuant to Petition No. PLNPCM2022-01128. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on September 25, 2024 to consider a request made by Ryan Merriman, Esq. to vacate an unnamed city-owned alley adjacent to the Property on behalf of two owners of property abutting the alley, Therald Bushman and RCB Rental Properties, LLC; and WHEREAS, at its September 25, 2024 hearing, 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 alley 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 City-Owned Alley. That an unnamed, city-owned alley, which is more particularly described on Exhibit “A” attached hereto, hereby is 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 alley, 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. Conditions. This alley vacation is conditioned upon the following: 1) The applicant shall cause the proposed Access Easement Agreement, submitted in connection with its Amended Petition to Vacate Alleyway on May 30, 2024, to be executed by all of the property owners abutting the alley and recorded in the Office of the Salt Lake County Recorder; and 2) The proposed method of disposition of the alley shall be consistent with the method of disposition set forth in Salt Lake City Code Section 14.52.040. 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 not to publish this ordinance until the conditions set forth in Section 3 are satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this ___ day of _______________, 2025. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2025 Published: ______________. Ordinance Vacating Alley Near Paxton Ave_v1 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney January 3, 2025 EXHIBIT “A” Legal description of the unnamed, city-owned alley to be vacated: Commencing at the brass cap well monument in the center line of 300 West Street and Lucy Avenue; Thence North 00°01'06" West 408.70 feet coincident with the centerline of said 300 West Street; Thence North 89°58'18" East 48.00 feet to the southwest corner of Block 2, Harrington, Donnelly and Newell’s Subdivision (Book C, Page 54 of the Salt Lake County Records); Thence North 89°56'40" East 112.00 feet coincident with the south line of said Block 2 to the southeast corner of Lot 24 which is the southwest corner of a twelve foot (12.00’) wide alley way, and the True Point of Beginning; Thence North 00°01’06” West 165.70 feet coincident with the west line of said 12.00 foot wide alley to the northwest corner of a 25.7 foot wide alley and a point on the north line of Block 25, Five Acre Plat A; Thence North 89°56'40" East 485.61 feet coincident with said north line to a point on the Utah Transit Authority right of way; Thence South 20°05'14" East 27.35 feet to a point on the north line of said Block 2, Harrington, Donnelly and Newell's Subdivision; Thence South 89°56'40" West 483.00 feet coincident with said north line to the northwest corner of Lot 23 thereof; Thence South 00°01’06” East 140.00 feet coincident with the east line of the aforesaid 12.00 foot alleyway to the southwest corner of said Lot 23 and a point on the north right of way line of Paxton Avenue; Thence South 89°56’40” West 12.00 feet coincident with said right of way to the point of beginning.