Loading...
013 of 2008 - Closing & abandoning a portion of Everett Avenue from approximately halfway between 800 West & Hot S 0 08-1 P 08-2 SALT LAKE CITY ORDINANCE No. 13 of 2008 (Phase II(A) Closure -- Closing and abandoning a portion of Everett Avenue as a public street, with conditions and time limitation) AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT AVENUE FROM A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND HOT SPRINGS STREET EASTWARD TO HOT SPRINGS STREET AS A PUBLIC STREET, PURSUANT TO PETITION NO. 400-06-50. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portion of the street described below is not necessary for use by the public as a street and that closure and abandonment of the portion of the street will not be adverse to the general public's interest; and WHEREAS, the title to the closed portion of the street shall remain with the City until sale for fair market value or its equivalent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and Abandoning Street. A portion of Everett Avenue from a point approximately halfway between 800 West and Hot Springs Street eastward to Hot Springs Street, which is the subject of Petition No. 400-06-50, and which is more particularly described on Exhibit"A" attached hereto, and the same hereby is, closed and abandoned and declared no longer needed or available for use as a street. 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, 107174673 'oL CITY RECORDER 06/0112009 03:13 PM $0- 00 451 S STATE ST ill 415 Book - 9730 PS - 3322-3328 SALT LAKE CITY UT 84111 GARY W- 0T T BY: gal DEPUTY - kWI 7 P. PET:Mr:FP. RAl T i Ak:F INT'V, IITAH . 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. These street closures are conditioned upon the following: a. Payment to the City of fair market value of those portions of the streets, or their equivalent, and title to those portions of these streets shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; b. Execution and recording of an avigation easement acceptable to the City's Airport and Planning Division; c. Execution and recording of a private utility easement between petitioner and Chevron for the gas line that runs beneath Everett Avenue; and d. Execution and recording of a development agreement that specifically and adequately addresses the following points: i. Installation of gates at Everett Avenue and Hot Springs, and at Everett Avenue and Dexter Street, which will allow for unimpeded, free, and workable access at all times by Fire and emergency services. Any plans concerning or otherwise impacting fire suppression and/or safety shall be submitted to the Salt Lake City Fire Department for review and approval. As part of its review,the City's Fire Department may make recommendations, including but not limited to requiring additional fire hydrants to service the property, which must be adhered to before approval will be granted. Further, if Phase 2(b) of the development is later 2 approved by the City for development, a fence must be installed enclosing the north end of the property at 800 West. ii. Utah Metal Works,the site operating on the north and south of Everett Avenue and on the east and west of 800 West, which are the subject locations for the street closure at issue in this petition (Petition No. 400-06-50), must and will come into compliance with Section 21A.28.010(B)(3)(b) (Outdoor Sales, Display or Storage in Manufacturing Districts) and Section 21A.28.030(E) (Landscape Yard Requirements for M-2 Heavy Manufacturing District)before development approval is granted. With respect to Section 21A.28.010(B)(3)(b), a solid wall or fence not less than seven feet(7') but not greater than ten feet (10') in height shall be installed, and any outdoor storage shall be stacked lower than the enclosing wall or fence. Said fence shall include the entrance and exit gates and shall not encroach into any sight distance triangle. Said fence shall also run along 1500 North and Dexter Street. With respect to Section 21A.28.030(E),the first twenty five feet (25') of the front yard and the first fifteen feet (15') of corner side yards shall be landscaped. Said landscaping shall be conformance with the requirements of Chapter 21A.48, including Section 21A.48.110. Structures in existence as of the date this ordinance is passed will not be subject to the landscaping requirements. iii. Execution and recording of a public utilities easement in favor of Salt Lake City. The easement shall cover the water and storm drains that serve the properties along 800 West and Everett Avenue, and shall be the width of the current right-of-way along Everett Avenue. No trees, fences,buildings, or structures of any kind shall be allowed and nothing shall 3 • be stored in the easement area. A drainage impact fee to be specified by the City's Public Utilities Department shall be paid for any new impervious surface(s) to the Utah Metal Works property. iv. Public way improvements must be made along all remaining Utah Metal Works frontage, including Hot Springs Street and 1500 North. Said improvements shall be at petitioner's sole expense. v. The public rights-of-way along Hot Springs Street, 1500 North Street, and the remaining portions of Everett Avenue must remain open for public use. No trucks or trailers shall be parked or staged along these streets. vi. Utah Metal Works shall file for an amendment to the Empire Addition subdivision with the Planning Division. All parcels impacted the proposed street closure must have at least eight (8) feet of street frontage. In addition, the plat must be noted that there is no sewage system on Utah Metal Works site. vii. Documentation shall be provided to the Planning Division certifying that the proposed location is not a Brownfield site. 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 certified by the Salt Lake City Property Manager, Salt Lake City Airport Director, Salt Lake City Planning Director, and Salt Lake City Public Utilities Director. 4 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 1 day of April 2008. \IAL CHAIRPERSON EST: HIEF P CITY CORDER Transmitted to Mayor on April 2, 2008 Mayor's Action: x Approved. Vetoed. MA "OR CHIEF DEPU Y Y C ER NO.C �;,?:,. - APPROVED AS TO FORM St lee City Attor ey's 200 Q Dale 61' (SEAL) _ 44, ,.,;t s BY Bill No. 3 of 2008. ;' Fz � Published: May 23, 2009 HB ATTY-#2290-v1-Closing_aportion_of Everett_Ave_andportion_of 800_West -- Phase_1.DOC 5 r, , EXHIBIT"A" Phase II(A) From a Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition,thence East 269.87 feet to the Hot Springs Street Right of Way at the Southeast corner of Lot 1, Block 5 of the Empire Addition,thence bearing S 44 degrees 01' E 91.78 feet along the Hot Springs Street Right of Way to the Northeast corner of Lot 12, Block 1 of the Empire Addition,thence running West 333.54 feet along the South edge of the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of the Empire Addition,thence North 66 feet across the Everett Avenue Right of Way to the Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition. • s! l ., h,1�c iii moan � RALPH BECKER LYN CRESWELL "�1p� DIRECTOR MAYOR DEPARTMENT OF MANAGEMENT SERVICES CITY RECORDER STATE OF UTAH, City and County of Salt Lake, I, Christine Meeker, City Recorder of Salt Lake City, Utah, do hereby certify that the attached document, Ordinance 13 of 2008, closing and abandoning portions of Everett Avenue as a public street is a true and correct copy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 1st day of June, 2009 _-,:ty. .9...r..vt;'.. , ity Recorder, Sa La e C ty, to orip%1 .,. RpOR A' LOCATION: 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 841 1 1 MAILING ADDRESS: PO BOX 14551 5, SALT LAKE CITY, UTAH 841 1 4-551 5 TELEPHONE: 801-535-7671 FAX: 801-535-7681 t -41 0 08-1 P 08-2 SALT LAKE CITY ORDINANCE No. 13 of 2008 (Phase II(A) Closure -- Closing and abandoning a portion of Everett Avenue as a public street, with conditions and time limitation) AN ORDINANCE CLOSING AND ABANDONING A PORTION OF EVERETT AVENUE FROM A POINT APPROXIMATELY HALFWAY BETWEEN 800 WEST AND HOT SPRINGS STREET EASTWARD TO HOT SPRINGS STREET AS A PUBLIC STREET, PURSUANT TO PETITION NO. 400-06-50. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City's interest in the portion of the street described below is not necessary for use by the public as a street and that closure and abandonment of the portion of the street will not be adverse to the general public's interest; and WHEREAS, the title to the closed portion of the street shall remain with the City until sale for fair market value or its equivalent. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closing and Abandoning Street. A portion of Everett Avenue from a point approximately halfway between 800 West and Hot Springs Street eastward to Hot Springs Street, which is the subject of Petition No. 400-06-50, and which is more particularly described on Exhibit "A" attached hereto, and the same hereby is, closed and abandoned and declared no longer needed or available for use as a street. 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, • • • approved by the City for development, a fence must be installed enclosing the north end of the property at 800 West. ii. Utah Metal Works, the site operating on the north and south of Everett Avenue and on the east and west of 800 West, which are the subject locations for the street closure at issue in this petition (Petition No. 400-06-50), must and will come into compliance with Section 21A.28.010(B)(3)(b) (Outdoor Sales, Display or Storage in Manufacturing Districts) and Section 21A.28.030(E) (Landscape Yard Requirements for M-2 Heavy Manufacturing District) before development approval is granted. With respect to Section 21A.28.010(B)(3)(b), a solid wall or fence not less than seven feet(7') but not greater than ten feet (10') in height shall be installed, and any outdoor storage shall be stacked lower than the enclosing wall or fence. Said fence shall include the entrance and exit gates and shall not encroach into any sight distance triangle. Said fence shall also run along 1500 North and Dexter Street. With respect to Section 21A.28.030(E), the first twenty five feet (25') of the front yard and the first fifteen feet (15') of corner side yards shall be landscaped. Said landscaping shall be conformance with the requirements of Chapter 21A.48, including Section 21A.48.110. Structures in existence as of the date this ordinance is passed will not be subject to the landscaping requirements. iii. Execution and recording of a public utilities easement in favor of Salt Lake City. The easement shall cover the water and storm drains that serve the properties along 800 West and Everett Avenue, and shall be the width of the current right-of-way along Everett Avenue. No trees, fences, buildings, or structures of any kind shall be allowed and nothing shall 3 be stored in the easement area. A drainage impact fee to be specified by the City's Public Utilities Department shall be paid for any new impervious surface(s) to the Utah Metal Works property. iv. Public way improvements must be made along all remaining Utah Metal Works frontage, including Hot Springs Street and 1500 North. Said improvements shall be at petitioner's sole expense. v. The public rights-of-way along Hot Springs Street, 1500 North Street, and the remaining portions of Everett Avenue must remain open for public use. No trucks or trailers shall be parked or staged along these streets. vi. Utah Metal Works shall file for an amendment to the Empire Addition subdivision with the Planning Division. All parcels impacted the proposed street closure must have at least eight (8) feet of street frontage. In addition, the plat must be noted that there is no sewage system on Utah Metal Works site. vii. Documentation shall be provided to the Planning Division certifying that the proposed location is not a Brownfield site. 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 certified by the Salt Lake City Property Manager, Salt Lake City Airport Director, Salt Lake City Planning Director, and Salt Lake City Public Utilities Director. 4 • 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. These street closures are conditioned upon the following: a. Payment to the City of fair market value of those portions of the streets, or their equivalent, and title to those portions of these streets shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; b. Execution and recording of an avigation easement acceptable to the City's Airport and Planning Division; c. Execution and recording of a private utility easement between petitioner and Chevron for the gas line that runs beneath Everett Avenue; and d. Execution and recording of a development agreement that specifically and adequately addresses the following points: i. Installation of gates at Everett Avenue and Hot Springs, and at Everett Avenue and Dexter Street, which will allow for unimpeded, free, and workable access at all times by Fire and emergency services. Any plans concerning or otherwise impacting fire suppression and/or safety shall be submitted to the Salt Lake City Fire Department for review and approval. As part of its review, the City's Fire Department may make recommendations, including but not limited to requiring additional fire hydrants to service the property, which must be adhered to before approval will be granted. Further, if Phase 2(b) of the development is later 2 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 1 day of April 2008. \ DIL ()0 CHAIRPERSON EST: HIEF P CITY CORDER Transmitted to Mayor on April 2, 2008 Mayor's Action: x Approved. Vetoed. -794/1 - MA 'OR CHIEF DEPU Y Y EC ER �'{� - APPROVED AS TO FORM � V c. Salte City Attor eys 2 - Dale 108 (SEAL) �� . i { By Bill No. t 3 of 2008. Published: May 23, 2009 • H13 ATTY-rt2290-vl-Closing_a_portion_of Everett_Ave_andportion_of800_West_--_Phase_11.DOC 5 • EXHIBIT "A" Phase II(A) From a Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition,thence East 269.87 feet to the Hot Springs Street Right of Way at the Southeast corner of Lot 1, Block 5 of the Empire Addition,thence bearing S 44 degrees 01' E 91.78 feet along the Hot Springs Street Right of Way to the Northeast corner of Lot 12, Block 1 of the Empire Addition, thence running West 333.54 feet along the South edge of the Everett Avenue Right of Way to the Northeast corner of Lot 12, Block 2 of the Empire Addition,thence North 66 feet across the Everett Avenue Right of Way to the Point of Beginning at the Southwest corner of Lot 5, Block 5 of the Empire Addition.