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HomeMy WebLinkAboutUpdated Ordinance - 373 West American Ave - 10/7/20251 SALT LAKE CITY ORDINANCE No. _____ of 2025 (Vacating a city-owned alley situated adjacent to properties located at 373 W American Ave, 337 W American Ave, 389 W American Ave, 965 S 400 W, and 969 S 400 W) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 373 W American Ave, 337 W American Ave, 389 W American Ave, 965 S 400 W, and 969 S 400 W pursuant to Petition No. PLNPCM2023-00636. WHEREAS the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on September 11, 2024 to consider a request made by Jarod Hall (“Applicant”) to vacate an unnamed city-owned alley adjacent to properties located at 373 W American Ave, 337 W American Ave, 389 W American Ave, 965 S 400 W, and 969 S 400 W (collectively, the “Property”); and WHEREAS, at its September 11, 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. 2 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and 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: a) The owner of the Property shall establish a utility easement in place of the existing public alley right-of-way following the approval of the request or coordinate relocation of the existing power lines with Rocky Mountain Power. b) The owner of the Property shall enter into a use and easement agreement that: (1) Establishes a 10-foot-wide public access easement along the eastern boundary of 337 W American Ave approximately in the location shown on Exhibit B; (2) All building exteriors adjacent to such easement shall be occupied by and include entrance(s) to ground floor uses that draw the public to the east side of the building. Ground-floor entries along the east side must promote pedestrian access and activity. The activation may include residential uses. A parking or storage 3 uses are not allowed. Commercial or retail uses must have a minimum depth of 25 feet; and (3) Any building along the eastern boundary of 337 W American Ave must meet the building articulation and durable materials requirements outlined in Section 21A.37. For residential uses, the ground-floor glass must cover at least 30% of the façade to create visual interest for pedestrians. All other uses must meet the ground-floor glass requirements in 21A.37. c) The owner of the Property shall not purport to convey the Property encompassing any portion of the alley until at least 60 days after a final decision by the City Council on the petition; and d) The owner of the Property shall consolidate the parcels comprising the Property through a lot consolidation. 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 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 condition set forth in Section 3(c) is violated, or the conditions of Section 3(a), (b), and (d) above have not been met within one year after adoption, then this ordinance shall become null and void. Prior to such one year period, the City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. 4 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 373 W American_v3 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney September 30, 2025 5 EXHIBIT “A” Legal description of the unnamed, city-owned alley to be vacated: BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BLOCK 2, OF THE COATES & CORUMS SOUTHGALE ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK ‘B’, PAGE 104, AT THE SALT LAKE COUNTY RECORDERS OFFICE AND RUNNING THENCE EAST 11.45 FEET TO THE NORTHWEST CORNER OF LOT 13, SAID BLOCK 2; THENCE SOUTH 135 FEET TO THE WEST, SOUTHWEST CORNER OF SAID LOT 13; THENCE S 45° E 7.07 FEET TO THE SOUTH, SOUTHWEST CORNER OF SAID LOT 13; THENCE SOUTH 15 FEET; THENCE WEST 16.45 FEET TO THE SOUTHEAST CORNER OF LOT 14, SAID BLOCK 2; THENCE NORTH 155 FEET TO THE POINT OF BEGINNING. CONTAINS 1,863 SQUARE FEET OR 0.043 ACRES, MORE OR LESS. AND BEGINNING AT A POINT WHICH IS SOUTH 89°48'04" EAST ALONG THE CENTERLINE OF AMERICAN AVENUE A DISTANCE OF 164.86 FEET AND SOUTH 00°11'56" WEST 33.00 FEET FROM THE STREET MONUMENT AT THE INTERSECTION OF 400 WEST STREET AND AMERICAN AVENUE, SAID POINT ALSO BEING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID AMERICAN AVENUE AND THE CENTERLINE OF AN ALLEYWAY, AND RUNNING THENCE SOUTH 89°48'04" EAST ALONG THE SOUTHERLY LINE OF SAID AMERICAN AVENUE A DISTANCE OF 5.73 FEET TO THE EASTERLY LINE OF SAID ALLEYWAY; THENCE SOUTH 00°15'21" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 30.01 FEET; THENCE NORTH 89°48'03" WEST 5.73 FEET; THENCE NORTH 00°15'21" EAST ALONG SAID CENTERLINE A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. CONTAINS 172 SQUARE FEET OR 0.004 ACRES, MORE OR LESS. 6 EXHIBIT “B” Approximate location of easement to be established: