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Proposed Ordinance - 7/4/2021SALT LAKE CITY ORDINANCE No. ________ of 2021 (Vacating a city-owned alley situated adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue, pursuant to Petition No. PLNPCM2020-00572. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 2, 2020, to consider a request made by Jarod Hall of D’velept Design (“Applicant”) (Petition No. PLNPCM2020-00572) on behalf of the alley’s one adjacent property owner; and WHEREAS, at its December 2, 2020, hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and WHEREAS, the city council finds after holding a public hearing on this matter, that there is good cause to vacate the alleys and streets described below, and that vacating the city-owned alleys and streets described below will not materially injure the public interest or any person. 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 adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue, which is the subject of Petition No. PLNPCM2020-00572, 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 closure and 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 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 closure is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This proposed street closure and vacation is conditioned upon the following: 1) The proposed method of disposition of the alley property shall be consistent with the method of disposition set forth in Section 14.52.040 (“Method of Disposition”) and Chapter 2.58 (“City Owned Real Property”) of the Salt Lake City Code; and 2) The vacation is subject to payment to the city of the fair market value of the alley property, based upon the value added to the abutting properties. 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 city recorder is instructed not to publish or record this ordinance until the conditions identified above have been met as confirmed by the city’s real property manager. 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 ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021 Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney March 9, 2021 EXHIBIT “A” Legal description of the unnamed, city-owned alley to be vacated: A TRACT OF LAND BEING SITUATE IN BLOCK 56, PLAT C, SALT LAKE CITY SURVEY, HAVING A BASIS OF BEARINGS OF BEARINGS BEING NORTH 00°01'32" WEST BETWEEN THE MONUMENTS FOUND MARKING THE INTERSECTIONS OF LEARNED AVENUE AND SOUTH TEMPLE STREET ALONG 1000 WEST STREET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BOTHWELL AND MCCONAUGHY SUBDIVISION, ON FILE WITH THE OFFICE OF THE SALT LAKE COUNTY RECORDER, SAID POINT ALSO BEING NORTH 00°01'32" WEST ALONG THE CENTERLINE OF 1000 WEST STREET A DISTANCE OF 399.09 FEET TO THE STREET MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND LEARNED AVENUE AND NORTH 00°00'49" WEST ALONG THE CENTERLINE OF SAID 1000 WEST STREET A DISTANCE OF 173.35 FEET AND NORTH 89°59'47" WEST 212.59 FEET FROM THE MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND SOUTH TEMPLE STREET, AND RUNNING THENCE NORTH 89°59'47" WEST 181.62 FEET TO THE NORTHWEST CORNER OF LOT 15 OF SAID SUBDIVISION; THENCE NORTH 00°00'49" WEST 16.50 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF SAID SUBDIVISION; THENCE SOUTH 89°59'47" EAST 181.62 FEET TO THE SOUTHEAST CORNER OF LOT 10 OF SAID SUBDIVISION; THENCE SOUTH 00°00'49" EAST 16.50 FEET TO THE POINT OF BEGINNING. CONTAINS 2,997 SQUARE FEET OR 0.069 ACRES, MORE OR LESS.