014 of 2010 - closing and vacating a portion of city-owned right-of-way adjacent to South Temple STreet from 866 W • • 0 10-1
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irt A.
SALT LAKE CITY ORDINANCE ''` " '
No. 14 of 2010 '' "_
(Closing and vacating a portion of City-owned right-of-way) '' CO
d "Y'f i �r1
An ordinance closing and vacating a portion of City-owned right-of-way adjacent to 'i
:. _.
South Temple Street from 866 West South Temple to 858 West South Temple pursuant to "`� i
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cp
Petition No. PLNPCM2009-01132. - .•
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WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a f _, ; CD r
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public hearing on October 28, 2009 to consider a request made by Bill Coker on behalf of Four-
rn4.•
Ten, LLC (Petition No. PLNPCM2009-01132)to close aportion of City-owned right-of-way ` " '"n
Y g y rr-+ r +-+-+
approximately three to four feet wide and 107 feet long, totaling 484 square feet, adjacent to
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properties located at 866 West South Temple and 858 South Temple and to declare same as
surplus property; and
WHEREAS, at its October 28, 2009 hearing, 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 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
closing and vacating the portion of the City-owned right-of-way will not be adverse to the
general public's interest; and
WHEREAS, the title tQ the closed portion of the right-of-way 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 Vacating City-Owned Right-of-Way. A portion of City-
owned right-of-way adjacent to South Temple Street at 866 West South Temple to 858 West
I
South Temple, which is the subject of Petition No. PLNPCM2009-01132, and which is more
particularly described on Exhibit "A" attached hereto, and the same hereby is, closed and
vacated, and declared no longer needed or available for use as a public right-of-way.
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 and vacation
is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This street closure and vacation is conditioned upon the
following:
a. Payment to the City of fair market value of those portions of the street, 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, in accordance with Salt Lake City
Code Chapter 2.58; and
b. The applicant shall finalize the land acquisition with the Property Management
Division.
c. The applicant shall process a Lot Line Adjustment through the Planning Division
to appropriately consolidate his parcel with the surplus property.
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.
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 9th day of
March , 2010.
"-CHAIRPERSON
ATTEST:
Gam\
A.
C RDER a` M
Transmitted to Mayor on 3-15-10 JpORAt
4/�jv
Mayor's Action: A Approved. Vetoed.
44(
-
MA OR
C Y RECORDER
CI y� APPROVED AS TO FORM
iv?"'
Crj, Salt Lake City Attorney's Office
Abet
Date: V-wcy i 0
SEAL III C.Nie so ,Senior City Attorney
\RpORtiI��
Bill No. 14 of 2010.
Published: 4-28-10
HB_ATTY-#10768-vl-Ordinance_closing_ajortion_of ROW -_Red_Iguana_2.DOC
3
EXHIBIT A
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LSET LEAD & TACK
SOO'01'36'E 79.00' P/L L P❑BD
0.32' -- 5,90 —
872 RIGHT OF WAY DESCRIPTION:
t� W.
BEGINNING AT A P INT N89'59'09"E 99.36 FEET ALONG
THE NORTH RIGHT OF WAY LINE OF SOUTH TEMPLE
STREET FROM THE SOUTHWEST CORNER OF LOT 2, BLOCK
58, PLAT C, SALT LAKE CITY SURVEY; THENCE N89'59'09"E
106.96 FEET ALON SAID RIGHT OF WAY LINE; THENCE
SOUTH 2.86 FEET 0 THE PROPERTY EDGE OF WALK;
THENCE THE NEXT 4 CALLS ALONG SAID PROPERTY EDGE
OF WALK S89'32'02"W 20.83 FEET; THENCE S88'12'34"W
23.40 FEET; THENCE S86'10'41"W 30.14 FEET; THENCE
S89'43'56"W 32.6/I FEET; THENCE NORTH 5.90 FEET TO
THE POINT OF BEGINNING. CONTAINS 474 SOFT (0.011
CO I ACRES).
O
RIGHT OF WAY DESCRIPTION :
BEGINNING AT A POINT N89° 59 '09"E 99. 36 FEET ALONG THE NORTH RIGHT OF
WAY LINE OF SOUTH TEMPLE STREET FROM THE SOUTHWEST CORNER OF LOT 2 ,
BLOCK 58 , PLAT C, SALT LAKE CITY SURVEY; THENCE N89° 59'09"E 106. 96
FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 2 . 86 FEET TO THE
PROPERTY EDGE OF WALK; THENCE THE NEXT 4 CALLS ALONG SAID PROPERTY
EDGE OF WALK 589° 32 '02"W 20. 83 FEET; THENCE 588°12 ' 34"W 23 .40 FEET;
THENCE S86°10'41"W 30 . 14 FEET; THENCE S89°43 ' 56"W 32 . 67 FEET; THENCE
NORTH 5 .90 FEET TO THE POINT OF BEGINNING. CONTAINS 474 SQFT (0.011
ACRES) .
$ 1 WI et `� I!�VI t RALPH BECKER
DEPARTMENT OF ADMINISTRATIVE SERVICES MAYOR
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 Ordinance 14 of 2010, Closing and vacating a portion of City-owned
right-of-way adjacent to South Temple Street from 866 West South Temple to
858 West South Temple is a true and correct copy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 21st day of April, 2010.
rT� Recorder, a k Ci , Utah->;)
LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:801-535-7671 FAX:801-535-7681
1
•
0 10-1
P 10-5
SALT LAKE CITY ORDINANCE
No. 14 of 2010
(Closing and vacating a portion of City-owned right-of-way)
An ordinance closing and vacating a portion of City-owned right-of-way adjacent to
South Temple Street from 866 West South Temple to 858 West South Temple pursuant to
Petition No. PLNPCM2009-01132.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on October 28, 2009 to consider a request made by Bill Coker on behalf of Four-
Ten, LLC (Petition No. PLNPCM2009-01132) to close a portion of City-owned right-of-way
approximately three to four feet wide and 107 feet long, totaling 484 square feet, adjacent to
properties located at 866 West South Temple and 858 South Temple and to declare same as
surplus property; and
WHEREAS, at its October 28, 2009 hearing, 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 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
closing and vacating the portion of the City-owned right-of-way will not be adverse to the
general public's interest; and
WHEREAS, the title to the closed portion of the right-of-way 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 Vacating City-Owned Right-of-Way. A portion of City-
owned right-of-way adjacent to South Temple Street at 866 West South Temple to 858 West
South Temple, which is the subject of Petition No. PLNPCM2009-01132, and which is more
particularly described on Exhibit "A" attached hereto, and the same hereby is, closed and
vacated, and declared no longer needed or available for use as a public right-of-way.
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 and vacation
is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This street closure and vacation is conditioned upon the
following:
a. Payment to the City of fair market value of those portions of the street, 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, in accordance with Salt Lake City
Code Chapter 2.58; and
b. The applicant shall finalize the land acquisition with the Property Management
Division.
c. The applicant shall process a Lot Line Adjustment through the Planning Division
to appropriately consolidate his parcel with the surplus property.
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.
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 9th day of
March , 2010.
CHAIRPE ON
ATTEST:
`�8 CITY G 71.1
EC RDER
Transmitted to Mayor on 3-15-10 oRAl" ."
Mayor's Action: ,( Approved. Vetoed.
MA OR�
CI Y RECORDER
C1 y� APPROVED AS TO FORM
!i)„ Salt Lake City Attorney's Office
} Date: le-LA- ( 20
(SEAL) r`sr ?- ul C.Nie so ,Senior City Attorney
Bill No. 14 of 2010.
Published: 4-28-10
HB_ATTY-#10768-v1-Ordinance_closing_a_portion_of ROW - Red_Iguana_2.DOC
3
EXHIBIT A
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300'01'36'E 79.00' P/L
f-0.32' P❑B 5,90 --
872 W. RIGHT OF WAY DESCRIPTION:
BEGINNING AT A P INT N89'59'09"E 99.36 FEET ALONG
THE NORTH RIGHT OF WAY LINE OF SOUTH TEMPLE
STREET FROM THE SOUTHWEST CORNER OF LOT 2, BLOCK
58, PLAT C, SALT LAKE CITY SURVEY; THENCE N89'59'09"E
106.96 FEET ALON SAID RIGHT OF WAY LINE; THENCE
SOUTH 2.86 FEET 0 THE PROPERTY EDGE OF WALK;
THENCE THE NEXT 4 CALLS ALONG SAID PROPERTY EDGE
OF WALK S89'32'02"W 20.83 FEET; THENCE S88'12'34"W
23.40 FEET; THEN E S86'10'41"W 30.14 FEET; THENCE
S89'43'56"W 32.6 FEET; THENCE NORTH 5.90 FEET TO
VD THE POINT OF BE INNING. CONTAINS 474 SQFT (0.011
ACRES).
1
RIGHT OF WAY DESCRIPTION:
BEGINNING AT A POINT N89° 59 '09"E 99 . 36 FEET ALONG THE NORTH RIGHT OF
WAY LINE OF SOUTH TEMPLE STREET FROM THE SOUTHWEST CORNER OF LOT 2 ,
BLOCK 58, PLAT C, SALT LAKE CITY SURVEY; THENCE N89° 59' 09"E 106. 96
FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 2 . 86 FEET TO THE
PROPERTY EDGE OF WALK; THENCE THE NEXT 4 CALLS ALONG SAID PROPERTY
EDGE OF WALK 589° 32 '02"W 20.83 FEET; THENCE S88°12 ' 34"W 23 .40 FEET;
THENCE 586°10'41"W 30. 14 FEET; THENCE 589°43 ' 56"W 32 . 67 FEET; THENCE
NORTH 5 .90 FEET TO THE POINT OF BEGINNING. CONTAINS 474 SQFT (0.011
ACRES) .