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HomeMy WebLinkAboutProposed Ordinance - 4/6/20261 SALT LAKE CITY ORDINANCE No. _____ of 2026 (Vacating a portion of Fortune Road between 2040 Fortune Road and Wallace Road) An ordinance vacating a portion of Fortune Road between 2040 Fortune Road and Wallace Road pursuant to Petition No. PLNPCM2025-00864. WHEREAS the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on January 14, 2026 to consider a request made by Thatcher Company Inc. (“Applicant”) to vacate a portion of Fortune Road between 2040 Fortune Road and Wallace Road; and WHEREAS, at its January 14, 2026 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 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 Right-of-Way. That a portion of Fortune Road located between 2040 Fortune Road and Wallace Road, which is the subject of Petition No. PLNPCM2025-00864, and which is more particularly described on Exhibit “A” attached hereto 2 (“Right-of-Way”), 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 the Right-of-Way, 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 vacation is conditioned upon the following: 1. The Applicant shall pay fair market value of the Right-of-Way to the City, based upon the value added to the abutting property. 2. The Applicant shall consolidate parcels 15-10-351-006-0000 (1942 W Fortune Rd), 15- 10-351-005-0000 (2040 W Fortune Rd), 15-10-352-012-0000 (1975 W Fortune Rd), 15- 10-352-008-0000 (1947 W Fortune Rd), and 15-10-353-001-0000 (1905 W Fortune Rd). 3. The Applicant shall grant an access easement to any private utility provider that has facilities installed within the Right-of-Way as required by the applicable franchise agreements. 4. The Applicant shall grant the City a fire access easement so that the Right-of-Way is maintained as a fire access, with a fire-approved gate, and the fire hydrant shall remain active and accessible. SECTION 4. Time. If the conditions set forth in Section 3 above have not been met within one year after adoption, then this ordinance shall become null and void. Within such one 3 year period the City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. SECTION 5. 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 conditions set forth in Section 3 are satisfied as certified by the Salt Lake City Planning Director or his designee. When the publication conditions have been met this ordinance shall likewise be recorded with the Salt Lake County Recorder. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2026. ______________________________ Alejandro Puy, Council Chair  ATTEST: ______________________________ Keith Reynolds, City Recorder Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ Erin Mendenhall, Mayor ______________________________ Keith Reynolds, City Recorder (SEAL) Bill No. ________ of 2026 Published: ______________. Ordinance Vacating Portion of Fortune Road APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___March 31, 2026__________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney 4 EXHIBIT “A” Legal description of Portion of Fortune Road to be vacated: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF FORTUNE ROAD WHICH IS NORTH 404.93 FEET, WEST 1371.08, N48°06'08"W 35.68 FEET AND N48°06'08"W 484.90 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 10, T1S, R1W, S.L.B.& M. THENCE N48°06'08"W 936.59 FEET; THENCE N41°53'52"E 50.00 FEET; THENCE S48°06'08"E 936.59 FEET; THENCE S41°53'52"W 50.00 FEET TO THE POINT OF BEGINNING. CONTAINS 46,827.7 SQUARE FEET OR 1.075 ACRES.