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020 of 1985 - Closure of Winifred Street, Lorenzo Street, Buckeye Avenue, 300 North Street and an Associated Alley Y-S— t -' P 85-1 SALT LAKE CITY ORDINANCE No. —0 of 1985 (Closure of Winifred Street, Lorenzo Street, Buckeye Avenue, 300 North Street and an associated alley) AN ORDINANCE PROVIDING FOR THE CLOSURE AND TRANSFER OF CERTAIN PUBLIC STREETS, TO WIT: WINIFRED STREET, LORENZO STREET, BUCKEYE AVENUE, 300 NORTH STREET AND AN ASSOCIATED ALLEY ALL LOCATED WITHIN CHAS S. DESKY'S FIFTH ADDITION, A SUBDIVISION OF SOUTHEAST 1/4 - SOUTHWEST 1/4, SECTION 34, T. 1 N. , R. 1 W. , S. L. B.& M. FURTHER PROVIDING FOR THE PAYMENT OF APPROXIMATELY $25,000 FOR THE TRANSFER OF SAID STREETS, WHICH, IN ADDITION TO AN AGREEMENT TO DEDICATE CERTAIN IMPROVED ROADS TO SALT LAKE CITY AND GRANT AN EASEMENT FOR A SEWER LINE TO SALT LAKE CITY, REPRESENTS THE FAIR MARKET VALUE OF SAID PUBLIC STREETS. Be it ordained by the City Council of Salt Lake City, Utah: WHEREAS, Salt Lake City is the owner of certain streets and an alley located within property owned by Petitioner WHEREAS, Petitioner has requested that said streets and alley be closed and transferred to Petitioner WHEREAS, Petitioner intends to develop said property and as part of said development, construct certain streets which streets shall be dedicated to Salt Lake City WHEREAS, Salt Lake City presently maintains a sewer line under one of the streets to be closed and the City requires an easement greater than its present interest and WHEREAS, the public interest would be served by closing said streets, acquiring an additional interest for purposes of maintaining said sewer line and in accepting the dedication of certain improved streets and WHEREAS, the Petitioner and Salt Lake City desire to accommodate said closure, in part, by an exchange of property. SECTION 1 . The following streets and alley located in Salt Lake City, Utah, are hereby CLOSED and declared no longer necessary or available for use as public streets, but title to the City' s interest therein shall be reserved and retained by Salt Lake City Corporation: A. Winifred Street as more particularly described as follows: Commencing at the southwest corner of Lot 8 Block 1, Chas S. Desky's Fifth Addition, a subdivision of the Southeast 1/4 - Southwest 1/4, Section 34, T1N R1W SLB & M said point also being the northeast corner of Winifred and North Temple Street ; and running thence north 0*08136" west 1526. 73 thence south 89°58' 38" west 33. 0 feet; thence south 0°08 '36" east 1526. 73 feet to the north line of North Temple street; thence north 89°58 ' 38" east 33. 0 feet to the point of beginning . B. Gertie Avenue as more particularly described as follows : Commencing at the northwest corner of Lot 9 Block 1, Chas S. Desky' s Fifth Addition, a subdivision -2- of the Southeast 1/4 Southwest 1/4, Section 34, T1N R1W SLB & M and running thence North 89*58138" East 210. 375 feet; thence north 0*08136" west 66 feet ; thence South 89*58138" west 210. 375 feet; thence South 0*08136" east 66 feet to the point of beginning. C. Lorenzo Street as more particularly described as follows: Commencing at the northwest corner of Lot 14 Block 2, Chas S. Desky's Fifth Addition, a subdivision of the Southeast 1/4 Southwest 1/4, Section 34 T1N R1W SLB & M and running thence North 89058138" east 210. 375; thence north 0°08' 36" west 33 feet; thence west 111.54 feet ; thence north 0 °04 '20" east 33 feet; thence south 89*58138" west 98. 835 feet ; thence south 0 °08 '36" east 66 feet to the point of beginning . D. Buckeye Avenue as more particularly described as follows: Commencing at the northwest corner of Lot 8 Block 3, Chas S. Desky's Fifth Addition, a subdivision of the Southeast 1/4 Southwest 1/4, Section 34, T1N R1W SLB & M and running thence north 0008136" west 66 feet; thence north 89058138" 98. 835 feet; thence south 0°04 '20" west 66 feet ; thence south 89058138" 98. 835 feet to the point of beginning . E. 300 North Street as more particularly described as follows: Commencing at the northwest corner of Lot 8 Block 4, Chas S. Desky's Fifth Addition, a subdivision of the Southeast 1/4 - Southwest 1/4, Section 34, T1N, R1W, SLB & M and running thence east along the north line of said Lot 8 98. 835 feet; thence north 0 °04 '20" east along the west boundary of Morton Meadows Plat "B" , subdivision 41.63 feet; thence north 89051 '50" west 484.06 feet ; thence south 0011108" east 33 feet; thence south 89*51150" east 385.225; thence south 0 °08 '36" east 8. 63 feet to the point of beginning . F. That alley more particularly described as follows : -3- Commencing at the northeast corner of Lot 8 Block 2, Chas S. Desky's Fifth Addition, a subdivision of Southeast 1/4 Southwest 1/4, Section 34 T1N R1W SLB & M and running thence north 89°58 '38" east 210 . 375 feet; thence north 0008136" west 272 feet; thence south 89°58 '38" west 15 feet to the northeast corner of Lot 20 said Block 2; thence south 0*08136" east 125 feet ; thence south 89*58138" west 195. 375 feet; thence south 0°08' 36" east 10 feet ; thence north 89°58 '38" east 195. 375 feet; thence south 0°08' 36" east 125 feet; thence south 89*58138" west 195. 375 feet ; thence south 0* 08136" east 12 feet to the point of beginning . SECTION 2. RESERVATIONS. Said closure is expressly made: SUBJECT TO all existing rights of way and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-described real property. Said closures and vacation are also SUBJECT TO existing rights of ways or entries of private third parties. SECTION 3. CONDITIONS. It is the City' s intention upon the aforesaid closures, to make available, under separate document, the City's underlying property interest to the Petitioner, subject to certain terms, conditions and reservations of appropriate easements. Before any transfer may occur , the City shall receive the sum of $25,200, representing the fair-market value of the property within the street plus the reimbursement of the City' s cost of transfer including the cost of appraising such property. Further, as a condition of transfer, Petitioner shall execute and deliver to the City documents granting to the City a 40-foot easement more particularly described as follows : -4- Beginning on the North line of North Temple Street at a point South 0* 11108" East along the section line 1827. 25 feet, more or less, and North 89*58138" East 1287. 195 feet from the West Quarter Corner of Section 34, Township 1 North, Range 1 West, Salt Lake Base and Meridian, said point of beginning being also North 89*58138" East 1287. 148 feet and North 0°08 '36" West 65.40 feet from the Salt Lake City Survey Monument at North Temple and the West line of said Section 34; and running thence South 89°58' 38" West 21.66 feet to the west line of the 40-foot wide easement ; thence North 0°06' 30" West 1534. 48 feet; thence North 55*09119 " East 44.03 feet to the south line of Morton Meadows Plat C; thence South 89051 ' 50" East along said line 69. 77 feet ; thence South 55*09119" West 80. 25 feet; thence South 0°06' 30" East 1,513. 60 feet; thence South 89°58 '38" West 18.34 feet to the point of beginning . Contains 1.457 Acres. Further, such easement shall grant to the City the right of entry thereon for the purpose of maintaining , altering , repairing, removing, or rerouting said line and each may be done without any obligation to restore landscaping , structures or other improvements to their prior condition. Further, as a condition of transfer, petitioner shall execute and deliver to the City an agreement, approved by the City Attorney, whereby Petitioner, or its successor in interests, agrees to dedicate to the City not less than 1 . 152 acres in improved streets within said development, said streets to be built in accordance with all pertinent City approvals, plans and specifications. -5- SECTION 4. This ordinance shall become effective upon publication. Passed by the City Council of Salt Lake City, Utah, this 26th day of March, 1985. CHAI ATTEST: DEPUTY CI TI RDER Transmitted to the Mayor on March 27, 1985 Mayor's action: March 27, 1985 YOR ATTEST: f DEPUTY C ECORDER cc106 ( SEAL) Bio— 0 of 19...85 .-.. Published: Synopsis published March 28, 1985 -6- • Affidavit of Publication ADM-35A STATE OF UTAH, ss. County of Salt Lake ............ Cheryl Gierloff..................................................... fsACT`"�?f19 """` Being first duly sworn, deposes and says that he/she is e" � (e1,osUi��win' S +4 4*61bsir"t legal advertising clerk of the DESERET NEWS, a daily � .;4 Avtl1iU@ 908 i� AN ° newspaper printed in the English language with general + R- s 'Fvi' �" circulation in Utah and } � `HR OF Published in Salt Lake City, R 5 >.yv�` Salt Lake County, in the State of Utah. AT "o i` 'o��+yAsf s: That the legal notice of which a copy is attached hereto +< • z+a¢sEC. 5 7, ,fake,Ci�t�,0 d�,na}�ce No. 20 of 1985 FU OR HE P Rom- THE ............. Qlp �„Q „ }i ed,Street, „T�orenzo,Street, TRt EFTS t� OAD$ ..............J3uakeye..Avenue,..FAO.AQxth.5treet..aad.=........ R ,+ TO S L, AN.D FOR iNEMB r0R^A wE To -ssaci.aced.alley.................................................. ............................................................................................. Rr was published in said newspaper on.................................. 985 128; D-9 Marc 28 1985 ................................................ .......... ..... . ........ . . ...... Legal tising Subscribed and sworn to before me this ........................6th...................................... day of ....May`...................................... A.D. 19..�.5..... .. .. .... ...... ........................ otary Public My Commission Expires October 1, 1986 ........................................... 4098104 { STATE OF UTAH, f.Xy� � --7 "` �' _ 0 ss. =— City and County of Salt Lake, o ; I� Lynda Domino . . . . . . , Chief Deputy. City Recorder of Salt Lake 1Ci , Utah, hereby certify that the attached document is a full, true and correct copy of. , ordinance, 20. of. 1985, , , , , , , , , closing . . . .Winifred. . . . . . .Streets. . . . .Lorenzo, .Street,, Buckeye, Avenue,,, 300, North, Street, aud, , , , , , . . . . an. associated, alley. all,within, Chas, S;, Desky's, Fifth, Addition.,,, a, j3ubjlivipioj, of, , , , , . . . . . . . . . . . . . . . . . Southeast. 1/4, Southwest, 1�4 Section, 34,, 7,1, W, .,. 12,i, W.•.,. S.•L.•J3.•t�. M.• . . . . . . . . . . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . passed by City Council/Executive4Wtl of Salt Lake City, Utah,. . .Msqrf-�h. 26. . . . . . . . . . . . . . . 19.85 . as appears of record in my office. IN WITNESS WHEREOF, I-have hereunto set my hand and affixed the corporate seal of said City, a 28th � � this . . . . . . . . . . �`: . . . . : .1„ :rday of . . . . .March. . . . . . . . . . . . . . . . . . . . . . . . . 19. $5. Qj b,d+1• �, A', d7 Chief Deputy City Recorder Published.synopsis .March•28, . • . 19 85 r P 85-1 SALT LAKE CITY ORDINANCE No. - 20 _ of 1985 (Closure of Winifred Street, Lorenzo Street, Buckeye Avenue, 300 North Street and an associated alley) AN ORDINANCE PROVIDING FOR THE CLOSURE AND TRANSFER OF CERTAIN PUBLIC STREETS, TO WIT: WINIFRED STREET, LORENZO STREET, BUCKEYE AVENUE, 300 NORTH STREET AND AN ASSOCIATED ALLEY ALL LOCATED WITHIN CHAS S. DESKY'S FIFTH ADDITION, A SUBDIVISION OF SOUTHEAST 1/4 - SOUTHWEST 1/4, SECTION 34, T. 1 N. , R. 1 W. , S. L. B.& M. FURTHER PROVIDING FOR THE PAYMENT OF APPROXIMATELY $25,000 FOR THE TRANSFER OF SAID STREETS, WHICH, IN ADDITION TO AN AGREEMENT TO DEDICATE CERTAIN IMPROVED ROADS TO SALT LAKE CITY AND GRANT AN EASEMENT FOR A SEWER LINE TO SALT LAKE CITY, REPRESENTS THE FAIR MARKET VALUE OF SAID PUBLIC STREETS. Be it ordained by the City Council of Salt Lake City, Utah: WHEREAS, Salt Lake City is the owner of certain streets and an alley located within property owned by Petitioner WHEREAS, Petitioner has requested that said streets and alley be closed and transferred to Petitioner o WHEREAS, Petitioner intends to develop said property and as v` t7� part of said development, construct certain streets which streets 1 tuu�1 , shall be dedicated to Salt Lake City WHEREAS, Salt Lake City presently maintains a sewer line under one of the streets to be closed and the City requires an easement greater than its present interest and WHEREAS, the public interest would be served by closing said streets, *acquiring an additional interest for purposes of maintaining said sewer line and in accepting the dedication of certain improved streets and WHEREAS, the Petitioner and Salt Lake City desire to accommodate said closure, in part, by an exchange of property. SECTION 1 . The following streets and alley located in Salt Lake City, Utah, are hereby CLOSED and declared no longer necessary or available for use as public streets, but title to the City's interest therein shall be reserved and retained by - Al , Salt Lake City Corporation: -- vt A. Winifred Street as more particularly described as lows Commencing at the southwest corner of Lot 8 Block oi-y � 1, Chas S. Desky's Fifth Addition, a subdivision of the Southeast 1/4 - Southwest 1/4 , Section 34, `f- - T1N R1W SLB & M said point also being the northeast corner of Winifred and North Temple > _ Street ; and running thence north 0*08136" west ~` -� 1526. 73 thence south 89*58138" west 33. 0 feet; ` — thence south 0°08 '36" east 1526. 73 feet to theCM t north line of North Temple street; thence north _ 9058138" east 33. 0 feet to the point of beginning . 10 Gertie Avenue as more particularly described as follows : Commencing at the northwest corner of Lot 9 Block 1, Chas S. Desky' s Fifth Addition, a subdivision iV -2- -``� of the Southeast 1/4 Southwest 1/4, Section 34, + TIN R1W SLB & M and running thence North 89058138" East 210. 375 feet; thence north 0*08136" west 66 feet; thence South 89°58 '38" west 210. 375 feet; thence South 0°08' 36" east 66 feet to the point of beginning. C. Lorenzo Street as more particularly described as follow Z' / ommencing at the northwest corner of Lot 14 Block ✓ 2, Chas S. Desky s Fifth Addition, a subdivision of the Southeast 1/4 Southwest 1/4, Section 34 TIN 1, R1W SLB & M and running thence North 89058 '38" � 01 east 210 . 375; thence north 0°08' 36" west 33 feet; a , thence west 111.54 feet ; thence north 0 °04 '20" east 33 feet; thence south 890 58' 38" west 98, 835 feet ; thence south 0008 '36" east 66 feet to the v oint of beginning . D. Buckeye Avenue as more particularly described as follows Commencing at the northwest corner of Lot 8 Block �. Chas S. Desky's Fifth Addition, a subdivision of the Southeast . 1/4 Southwest 1/4, Section 34, TIN R1W SLB & M and running thence north 0 08 36" _lam west 66 feet; thence north 89058 ' 38" 98. 835 feet; d wtbence south 0 °04 '20" west 66 feet ; thence south 85058138" 98. 835 feet to the point of beginning . .{ ��� � E.J 300 North Street as more particularly described as follows: 0 Commencing at the northwest corner of Lot 8 Block 4, Chas S. Desky's Fifth Addition, a subdivision v` of the Southeast 1/4 - Southwest 1/4, Section 34, TIN, R1W, SLB & M and running thence east along the north line of said Lot 8 98. 835 feet; thence �5 north 0 °04 '20" east along the west boundary of Morton Meadows Plat "B" , subdivision 41.63 feet; OO thence north 89°51 50 west, 484.,06 feet ; thence _ W T south 0°11' 08' east 33 feet; -thence south 89*51150" east 385.225; thence south 0 °08 '36" east °J 8. 63 feet to the point of beginning . 2r) 0�� ;t� ,_'t F. That alley more particularly described as follows: �� � S ` ± -3- � Co mencing at the northeast corner of Lot 8 Block �f 2, it S. Desky' s Fifth Addition, a subdivision 5 '\of Southeast 1/4 Southwest 1/4, Section 34 T1N R1W l SLB & M and running thence north 89°58 '38" east ti' 14� 210. 375 feet; thence north 0°08' 36" west 272 feet; thence south 89*58138" west 15 feet to the northeast corner of Lot 20 said Block 2; thence south 0*08136" east 125 feet ; thence south 89*58138" west 195. 375 feet; thence south 0*08136" east 10 feet ; thence north 89*58138" east 195. 375 feet; thence south 0°08' 36" east 125 feet; thence south 89*58138" west 195. 375 feet ; thence south 0° 08' 36" east 12 feet to the point of beginning . SECTION 2. RESERVATIONS. Said closure is expressly made: SUBJECT TO all existing rights of way and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-described real property. Said closures and vacation are also SUBJECT TO existing rights of ways or entries of private third parties. SECTION 3. CONDITIONS. It is the City's intention upon the aforesaid closures, to' make available, under separate document, the City's underlying property interest to the Petitioner, subject to certain terms, conditions and reservations of appropriate easements. Before any transfer may occur , the City shall receive the sum of $25,200, representing the fair-market value of the o property within the street plus the reimbursement of the City' s U� CM 05 cost of transfer including the cost of appraising such property. Further, as a condition of transfer , Petitioner shall execute and deliver to the City documents granting to the City a 40-foot easement more particularly described as follows : -4- i Beginning on the North line of North Temple Street at a point South 0011108" East along the section line 1827. 25 feet, more or less, and North 89*58138" East 1287. 195 feet from the West Quarter Corner of Section 34, Township 1 North, Range 1 �\ West, Salt Lake Base and Meridian, said point of beginning being also North 89058138" East 1287. 148 feet and North 0°08 '36" West 65. 40 feet from the �\ \ Salt Lake City Survey Monument at North Temple and the West line of said Section 34 ; and running v' dthence South 89°58 ' 38" West 21 . 66 feet to the west ine of the 40-foot wide easement ; thence North 0a06' 30" West 1534. 48 feet; thence North 55009119 " East 44.03 feet to the south line of Morton d ( Meadows Plat C; thence South 89051 ' 50" East along said line 69. 77 feet ; thence South 55°09 ' 19" West 80. 25 feet; thence South 0*06130" East 1,513. 60 feet; thence South 89058 '38" West 18. 34 feet to the point of beginning . Contains 1.457 Acres. Further, such easement shall grant to the City the right of entry thereon for the purpose of maintaining , altering , repairing, removing, or rerouting said line and each may be done without any obligation to restore landscaping , structures or other improvements to their prior condition. Further, as a condition of transfer, petitioner shall execute and deliver to the City an agreement, approved by the City Attorney, whereby Petitioner, or its successor in interests, agrees to dedicate to the City not less than 1 . 152 acres in o 0 z improved streets within said development, said streets to be built in accordance with all pertinent City approvals, plans and specifications. 3. -5- SECTION 4. This ordinance shall become effective upon publication. * Passed by the City Council of Salt Lake City, Utah, this 26th day of March, 1985. CHAIRMAN I ATTEST: DEPUTY CITY RECORDER Transmitted to the Mayor on March 27, 1985 Mayor's action: March 27, 1985 �—MAYOR ATTEST: t DEPUTY C ITY/-RRECORDER cc106 ( SEAL) a Silt 20 of 19 ..85.... o 0 Nbfished: Synopsis published March 28, 1985 O� I\7 -Q y i•+ -6-