001 of 2013 - Closing City-Owned Right of Way adjacent to Pierpont Avenue 0 13-1
P 12-21
SALT LAKE COY ORDINANCE
No. 1 of 2013
(Closing and abandoning a portion of city-owned right-of-way adjacent to
Pierpont Avenue at approximately 1010, 1020 and 1046 Pierpont Avenue)
An ordinance closing and abandoning a portion of city-owned right-of-way adjacent to
Pierpont Avenue at approximately 1010, 1020 and 1046 Pierpont Avenue,pursuant to Petition
No.PLNPCM2011-00438.
WHEREAS,the Salt Lake City Planning Commission('planning commission")held a
public hearing on May 23,2012 to consider a request made by Rodney Newby("Applicant")to
close and abandon a portion of city-owned right-of-way adjacent to Pierpont Avenue at
approximately 1010. 1020 and 1046 Pierpont Avenue(Petition No.PLNPCM20 1 1-0043 8)for
relocation of the sidewalk adjacent to said properties to increase the size of those parcels;and
WHEREAS,at its May 23,2012 hearing,the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council("city
council")with certain conditions;and
WHEREAS,the city council finds after public hearings that the city's interest in the
portion of the right-of-way described below is not necessary for use by the public as a public
right-of-way and that closing the portion of the city-owned right-of-way will not be adverse to
the general public's interest:and
WHEREAS,after a hearing before the city council,the city council has determined that
adopting this ordinance is in the city's best interests.
NOW THE.RITORE,be it ordained by the City Council of Salt bake City,Utah:
SECTION I. Closing and abandoning a portion of city-owned right-of-way. That a
portion of city-owned right-of-way adjacent to Pierpont Avenue at approximately 1010,1020
and 1046 Pierpont Avenue, which is the subject of Petition No. PI,NPCM2011-00438, and which
is more particularly described on Exhibit "A" attached hereto, hereby is, closed and abandoned
and declared no longer needed or available for use as a street, subject to the conditions set forth
in section 3 herein.
SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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
and abandonment is also subject to any existing rights-of-way or easements of private third
parties.
SECTION 3. Conditions. The right-of-way closure and abandonment approved by this
ordinance is conditioned upon the following:
I . The proposed method of disposition of the street property shall be consistent with the
method for disposition expressed in Chapter 2.58 —City Owned Real Property, including
payment to the city of fair market value of those portions of the right-of-way, or its
equivalent, and title to those portions of this street shall remain with the city until sale for
fair market value, or the receipt of equivalent value; and
2. The area that is proposed to be closed and abandoned shall retain a "public water
easement to Salt I ake City" to be able to access and maintain the existing water main.
3. The sidewalk shall be a minimum of five feet wide where is abuts the back of the existing
curb and gutter in compliance with ADA regulations. There shall also be a one foot
buffer from the back of walk to the new right-of-way line location.
4. The sidewalk and ADA ramp shall be upgraded at the 1000 West intersection and the
new sidewalk needs to transition back into alignment with the existing sidewalk to the
west at approximately 1050 West Pierpont Avenue.
5. Additional public utility easements as identified by city departments to address utilities
such as street lights, fire hydrants, etc., subject to the discretion of the city's planning
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director and public utilities department.
6. A Permit to Work in the Public Way must be obtained prior to installing any public way
improvements.
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 to not publish or record this ordinance until the conditions identified above have been
met as certified by the city's planning director and 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 fA) day of
, 2013.
C AIRPER ON
ATTES
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CITY RECORDER ��
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January 8, 2013 �\�,��,`1
Transmitted to Mayor on
3
Mayor's Action: I Approved. Vetoed.
tid It/
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..."'..:/- _ MAYO
`el RECORDER
APPROVED AS TO FORM
Salt Lake City Attorney's Office
(SEAL) 11 • �
Date:�Mt� /26
1
Bill No. of 2013. By:
Published: Par&e.,,e
Nielso , et torCity Attorney
FIB. ATTY-#23087-0-Ordinance_closing portion_of ROW_adjacent_to_Pierpont_Ave.DOC
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EXHIBIT 'A'
1010. 1020 and 1046 Pierpont Avenue
Legal Descriptions
1010 Pierpont
COM 1 FT N FR SE COR LOT 2, BLK 2, KELSEY & GILLESPIE SUB OFBLK 41, PLAT
"C", SLC SUR., S 1 FT; W 120 FT;N 23.25 FT; SE'LY 122.04 FT TO BEG.
1020 Pierpont
COM 25.1 FT N FR SE COR LOT 5, BLK 2, KELSEY & GILLESPIE SUBOF BLK 41, PLAT
"C", SLC SUR., S 25.1 FT; W 160 FT; N 54.76 FT; SE'LY 162.72 FT TO BEG. 5578-1767
5600-1201 7152-1078 9416-2116
1046 Pierpont
BEG AT SE COR LOT 9, BLK 2, KELSEY & GILLESPIE SUB OF BLK 41, PLAT "C", SLC
SUR, W 80 FT;N 69.59 FT; E'LY 81.36 FT S 54.76 FT TO BEG. 4718-0293 6693-2887 7248-
393,395 9700-5690