Proposed Ordinance - 7/4/2021SALT LAKE CITY ORDINANCE
No. of20 19
(Vacating a city-owned a ll ey a bu tting properties located at 1597 and 1615 South 1000 East
Street and between 1019 and 1053 East Logan Avenue)
An ordinan ce vacating a n unnamed city-owned a ll ey abutting properties located at 1597
and 1615 So uth 1000 East Street and between 1019 and 105 3 East Logan A venue, pursuant to
Petition No. PLNPCM20 18-00468.
WHEREAS, the Salt Lake City P lanning Commission held a public hearing on June 12 ,
20 19 to consider a request made by Kathleen Bratc her , who owns property at 1019 East Logan
A ve nue ("Applicant") (Petit ion No. PLNPCM20 18-00468) on behal f herself and other property
owners to vacate an unnamed city-owned a ll ey; and
WHEREAS , at its June 12 , 2019 hearing, the planning commission vo ted in favor of
forwar ding a positi ve recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the all ey in question appears on the Fern Subdivision plat recorded February
19, 1907 , but there is no evidence that the a lle y has ever been improved or used as an alley; and
WHEREAS, although several other lots ab ut the unnan1ed alle y, onl y those lots located at
1597 South 1000 East Street, 16 15 So uth 1000 East Street, 10 19 East Logan Avenue, 1025 East
Lo gan Avenue, 10 29 East Logan Avenue, 1033 East Logan Avenue, 1039 East Logan Avenue,
104 1 East Lo gan Avenue , 1049 East Logan Avenue, and 105 3 East Logan Avenue have
reversionary interests in the a ll ey i n the event that the c ity vacates the alley because those
abutt in g parcel s are in the Fern Subdivi sion and other abutting p arcel s are not. Thus, as
explain ed in Fries v . Martin, 154 P.3d 184 (Utah Ct. App. 2006), ownership ofthe alley would
re ve rt to only those abutt ing lots w ith in the s ubdi v is ion that created it upon vacation; and
WHEREAS , the city council finds after holding a public hearing on this matter, that the
city's interest in the city-owned alley described below is not presently necessary for use by the
public and that vacating that unnamed, city-owned a ll ey will not be adverse to the general
public's interest.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating a City-Owned Alley. That an unnamed, city-owned alley
abutting properties located at 1597 and 1615 South 1000 East Street and between 1019 and 1053
East Logan Avenue, which is the subject of Petition No. PLNPCM2018-00468, and 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 alley vacation is expressly made
subject to all existing rights-of-way and easements of all public utilities of any and every
description now loc ated 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 alley vacation is also
subject to any existing rights -of-way or easements of private third parties.
SECTION 3. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah this ___ day of
______ ,2019 .
CHAIRPERSON
ATTEST:
CITY RECORDER
2
Transmitted to Mayor on __________ _
Mayor's Action : ___ Approved. Vetoed. ----
MAYOR
CITY RECORDER
(SEAL)
B ill No. of20 19. ----
Publi shed: -------
Ordinance vacating alley I 019 to I 059 Logan Ave
3
APPROVED AS TO FORM
Salt Lake City Attorney 's Office
D•tt = l'f > 'M\f
By : Pau~emvro(Y Attorney