021 of 2006 - amending the East Bench Master Plan and rezoning property generally located at 1443 East Sunnyside A I T T
SALT LAKE CITY ORDINANCE Pe __.. 145455
No. 21 of 2006 =.,_, _PKE CITY UT ;34114
DEPUTY _... '-r P.
(Amending the East Bench Master Plan and Rezoning property generally located at 1443 East
Sunnyside Avenue)
AMENDING THE EAST BENCH MASTER PLAN AND REZONING PROPERTY
GENERALLY LOCATED AT 1443 EAST SUNNYSIDE AVENUE FROM OPEN SPACE
(OS) TO INSTITUTIONAL (I), PURSUANT TO PETITION NOS. 400-05-08 AND 400-05-09.
WHEREAS, the Planning Commission and the City Council of Salt Lake City, Utah,
have held public hearings and have taken into consideration citizen testimony, filing, and
demographic details of the area, the long range general plans of the City, and any local master
plan as part of their deliberations. Pursuant to these deliberations, the City Council has
concluded that the proposed amendments to the East Bench Master Plan and change of zoning
for the property generally located at 1443 East Sunnyside Avenue is appropriate for the
development of the community in that area and in the best interest of the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. AMENDMENT OF MASTER PLAN. The East Bench Master Plan, as
previously adopted by the Salt Lake City Council, shall be, and hereby is amended consistent
with the rezoning set forth herein.
SECTION 2. REZONING OF PROPERTY. The property generally located at 1443 East
Sunnyside Avenue, which is more particularly described on Exhibit "A" attached hereto, shall be
and hereby is rezoned from open space (OS) to institutional (I).
SECTION 3. AMENDMENT TO ZONING MAP. The Salt Lake City Zoning Map,
adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts,
shall be, and hereby is amended consistent with the rezoning of property identified above.
SECTION 4. CONDITIONS. This Ordinance is conditioned upon the following:
(a) Removal of the reversionary clause on the property by the United States
Congress;
(b) Sale of the property from Mount Olivet Cemetery to Rowland Hall-St. Mark's
School and recording documentation of such sale with the Salt Lake County Recorder; and
(c) Execution and recordation of a Development Agreement between the City and
Rowland Hall-St. Mark's School substantially in the form of the draft Agreement attached hereto
as Exhibit B.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on the date of
its first publication. The City Recorder is instructed not to record or publish this Ordinance until
the conditions identified herein have been satisfied, as certified by the Salt Lake City Attorney.
If the conditions identified herein have not been satisfied within two years from the date of
adoption, this Ordinance shall become null and void.
SECTION 6. TIME. The City Council may,by resolution, for good cause shown, extend
the time period for satisfying the conditions identified herein.
Passed by the City Council of Salt Lake City, Utah this /F. day of itrl
2006.
CHAIRPERSON
A T:
71
CHIEF DEPUTY CITY RE RDER
2
•
Transmitted to Mayor on April 21, 2006
Mayor's Action: Approved. Vetoed.
MAYOR
rJ � �
CHIEF DEPUTY 'Y RE ORDER
(SEAL) __i�- -.
Bill No. 21 of 2006.
Published: 2-1 - 261 t •
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Exhibit "A"
A Parcel of land being in the Northwest Quarter of Section 9, Township 1 South, Range 1
East, Salt Lake Base and Meridian and described as follows:
Beginning at the Southwest corner of the Armory 4 Lot Minor Subdivision, said corner
being located South 89° 59' 50" West 775.746 feet from the First Veterans
Administration Monument and said corner is also located North 89° 59' 50" East 10.60
feet from the U.S.A. Monument No. 3 and said corner is also located North 89° 59' 50"
East 89.21 feet and North 0° 02' 01" West 58.20 feet from the Salt Lake City Survey
Monument in the intersection of Amanda Avenue and Sunnyside Avenue and running
thence South 89° 59' 50" West along the North right of way line of Sunnyside Avenue
543.35 feet; thence North 0° 00' 10" West 1049.71 feet; thence North 89° 59' 50" East
542.78 feet to the Northwest corner of said Armory 4 Lot Minor Subdivision, (said corner
is also the Northeast corner of the amended plat of Parcels 2 & 3 of the Armory 4 Lot
Minor Subdivision); thence South 0° 02' 01" East along the West line of said
Subdivisions 1049.71 feet to the point of beginning.
Less and' excluding the following:
Beginning at a point on the North line of Sunnyside Avenue, said point being South 89°
59' 50" West along said North line 32.00 feet from the Southwest Corner of the Armory
4 Lot Minor Subdivision, said corner being located South 89° 59' 50" West 775.746 feet
from the First Veterans Administration Monument and said corner is also located North
89° 59' 50" East 10.60 feet from the U.S.A. Monument No. 3 and said corner is also
located North 89° 59' 50"East 89.21 feet and North 0° 02' 01" West 58.20 feet from the
Salt Lake City Survey Monument in the intersection of Amanda Avenue and Sunnyside
Avenue and running thence South 89° 59' 50" West along said North line, 511.35 feet;
thence North 0° 00' 10" West 370.50 feet; thence North 89° 59' 50" East 511.15 feet;
thence South 0° 02' 01" East 370.50 feet to the point of beginning.
Contains approximately 8.7383 Acres.
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1 I °
artCHRISTINE R.MEEKER " Er 1 MXW RALPH BECKER
CITY RECORDER 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 21 of 2006, Amending the East bench Master Plan and
Rezoning property generally located at 1443 East Sunnyside Avenue is a true
and correct copy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 9th day of May, 2011.
CI_ Recorde , alt Lak City, Utah
0.4
4-1
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
0 06-1
, P 06-7
SALT LAKE CITY ORDINANCE
No. 21 of 2006
(Amending the East Bench Master Plan and Rezoning property generally located at 1443 East
Sunnyside Avenue)
AMENDING THE EAST BENCH MASTER PLAN AND REZONING PROPERTY
GENERALLY LOCATED AT 1443 EAST SUNNYSIDE AVENUE FROM OPEN SPACE
(OS)TO INSTITUTIONAL(I), PURSUANT TO PETITION NOS. 400-05-08 AND 400-05-09.
WHEREAS, the Planning Commission and the City Council of Salt Lake City,Utah,
have held public hearings and have taken into consideration citizen testimony, filing,and
demographic details of the area, the long range general plans of the City, and any local master
plan as part of their deliberations. Pursuant to these deliberations,the City Council has
concluded that the proposed amendments to the East Bench Master Plan and change of zoning
for the property generally located at 1443 East Sunnyside Avenue is appropriate for the
development of the community in that area and in the best interest of the City.
NOW, THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. AMENDMENT OF MASTER PLAN. The East Bench Master Plan, as
previously adopted by the Salt Lake City Council, shall be, and hereby is amended consistent
with the rezoning set forth herein.
SECTION 2. REZONING OF PROPERTY. The property generally located at 1443 East
Sunnyside Avenue, which is more particularly described on Exhibit"A"attached hereto, shall be
and hereby is rezoned from open space(OS)to institutional (I).
SECTION 3. AMENDMENT TO ZONING MAP. The Salt Lake City Zoning Map,
adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts,
shall be, and hereby is amended consistent with the rezoning of property identified above.
SECTION 4. CONDITIONS. This Ordinance is conditioned upon the following:
(a) Removal of the reversionary clause on the property by the United States
Congress;
(b) Sale of the property from Mount Olivet Cemetery to Rowland Hall-St. Mark's
School and recording documentation of such sale with the Salt Lake County Recorder; and
(c) Execution and recordation of a Development Agreement between the City and
Rowland Hall-St. Mark's School substantially in the form of the draft Agreement attached hereto
as Exhibit B.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on the date of
its first publication. The City Recorder is instructed not to record or publish this Ordinance until
the conditions identified herein have been satisfied, as certified by the Salt Lake City Attorney.
If the conditions identified herein have not been satisfied within two years from the date of
adoption, this Ordinance shall become null and void.
SECTION 6. TIME. The City Council may,by resolution, for good cause shown, extend
the time period for satisfying the conditions identified herein.
Passed by the City Council of Salt Lake City, Utah this / day of 4/2ti I ,
2006.
CHAIRPERSON
A T:
Litha-
CHIEF DEPUTY CITY REORDER
2
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•
•
Transmitted to Mayor on April 21, 2006
Mayor's Action: ir Approved. Vetoed.
MAYOR =' .
1( )4 ,
CHIEF DEPUTY Y RE ORDER �; •
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Bill No. 21 of 2006.
Published: .
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Exhibit"A"
A Parcel of land being in the Northwest Quarter of Section 9,Township 1 South,Range 1
East, Salt Lake Base and Meridian and described as follows:
Beginning at the Southwest corner of the Armory 4 Lot Minor Subdivision, said corner
being located South 89° 59' 50" West 775.746 feet from the First Veterans
Administration Monument and said corner is also located North 89° 59' 50"East 10.60
feet from the U.S.A. Monument No. 3 and said corner is also located North 89° 59' 50"
East 89.21 feet and North 0° 02' 01"West 58.20 feet from the Salt Lake City Survey
Monument in the intersection of Amanda Avenue and Sunnyside Avenue and running
thence South 89° 59' 50" West along the North right of way line of Sunnyside Avenue
543.35 feet;thence North 0° 00' 10"West 1049.71 feet;thence North 89° 59' 50"East
542.78 feet to the Northwest corner of said Armory 4 Lot Minor Subdivision, (said corner
is also the Northeast corner of the amended plat of Parcels 2 &3 of the Armory 4 Lot
Minor Subdivision);thence South 0° 02' 01"East along the West line of said
Subdivisions 1049.71 feet to the point of beginning.
Less and excluding the following:
Beginning at a point on the North line of Sunnyside Avenue, said point being South 89°
59' 50" West along said North line 32.00 feet from the Southwest Corner of the Armory
4 Lot Minor Subdivision, said corner being located South 89° 59' 50" West 775.746 feet
from the First Veterans Administration Monument and said corner is also located North
89° 59' 50"East 10.60 feet from the U.S.A. Monument No. 3 and said corner is also
located North 89° 59' 50"East 89.21 feet and North 0° 02' 01" West 58.20 feet from the
Salt Lake City Survey Monument in the intersection of Amanda Avenue and Sunnyside
Avenue and running thence South 89° 59' 50"West along said North line, 511.35 feet;
thence North 0° 00' 10"West 370.50 feet;thence North 89° 59' 50"East 511.15 feet;
thence South 0°02' 01"East 370.50 feet to the point of beginning.
Contains approximately 8.7383 Acres.
°42
DRAFT--4/18/06A.
When Recorded Return to:
Salt Lake City Corporation
Attn: Planning Director
451 South State Street
Salt Lake City, UT 84111
DEVELOPMENT AGREEMENT
AND
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ROWLAND HALL—ST. MARK'S SCHOOL PROPERTY LOCATED
AT
1443 EAST SUNNYSIDE AVENUE, SALT LAKE CITY, UTAH
THIS DEVELOPMENT AGREEMENT AND DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS ("AGREEMENT")FOR ROWLAND HALL—ST.
MARK'S SCHOOL PROPERTY LOCATED AT 1443 EAST SUNNYSIDE AVENUE, SALT
LAKE CITY,UTAH is made as of ,200_(the"Effective Date")between
Rowland Hall-St. Mark's School, a Utah non-profit corporation(the"Declarant") and Salt Lake
City Corporation(the"City").
RECITALS:
A. The Declarant is the owner of real property located at 1443 East Sunnyside
Avenue, Salt Lake City, Utah, more particularly described on Exhibit A attached hereto (the
"Property").
B. The Declarant desires to restrict use of the portion of the Property described on
Exhibit B attached hereto (the "Restricted Portion") so that at least 25% of the Restricted
Portion will be free of buildings, paved parking areas and paved driveways, independent of any
zoning requirement.
C. The Declarant desires to develop and use a portion of the property described on
Exhibit C hereto (the "Open Space Portion") as a recreation area.
D. The Declarant desires that the Property is to be held, conveyed, encumbered,
leased, used, occupied and improved subject to the restrictions, rights, conditions and covenants
in this Agreement.
E. This Agreement is executed voluntarily by both parties hereto for the mutual
benefits set forth herein.
•
NOW, THEREFORE, the Declarant hereby covenants and declares the Property and
every portion or interest therein, is now held and shall hereafter be held, conveyed, encumbered,
leased, used, occupied and improved subject to the restrictions, rights, conditions, and covenants
herein set forth, each and all of which is and are for, and shall inure to the benefit of and pass
with the Property and every portion of or interest in the Property, and shall apply to every owner
and occupant thereof, and their successors and assigns. All restrictions, rights, conditions and
covenants in this Agreement shall run with and burden the Property and shall be binding on and
for the benefit of the Property and all other persons having or acquiring any interest in the
Property.
ARTICLE 1
RESTRICTED PORTION
USE RESTRICTIONS
1.1 Prohibited Uses. Independent of any zoning requirement, at least twenty-five
percent (25%) of the Restricted Portion (the "25% Portion") shall be at all times free of
buildings, paved parking areas and paved driveways; provided that the Declarant shall have
the right to relocate, move, reposition or adjust from time to time, subject to appropriate City
regulation and approval, the 25% Portion within the Restricted Portion. City acknowledges
that the 25%Portion shall be included and counted toward the forty percent(40%)open space
requirement applicable to the Institutional zone and will not decrease the developable building
square footage under the City ordinances for the Restricted Portion. If City reduces the forty
percent (40%) open space requirement for properties in Institutional zones prior to the time
that Declarant files for a building permit on the Restricted Portion, then such reduced open
space requirement shall be applicable to the Restricted Portion, provided that any such
reduction shall not affect the requirement to establish the 25%Portion as provided above.
1.2 Permitted Uses. Except as otherwise prohibited in Section 1.1 of this
Agreement, the 25% Portion may be used for any uses allowed in the Institutional zoning
classification, which may include the following uses (it being understood that the following
uses are not exclusive permitted uses):
(a) Recreational uses, including, without limitation, playing fields, tennis
courts, outdoor basketball,track,baseball, soccer, and field facilities;
(b) Park-like uses including, without limitation, picnic facilities, outdoor
stages and amphitheaters, gazebos, and playground equipment;
(c) Pedestrian landscaped amenities including, without limitation, pathways,
sidewalks, walkways, patios, courtyard areas, trails, terraces, benches, water features,
decorative walls, and other ornamental features;
(d) Landscaping, including, without limitation, trees, bushes, water sprinkler
systems and other utility systems, water features, light poles, and other ornamental
features.
2
(e) Uncovered and unenclosed decks and patios;
(f) Uses necessary to secure the stability, safety, and practical use of the
ground, such as earth retaining wall terracing or similar improvements which support
ground leveling, subject to appropriate City regulation and approval; and
(g) Fencing, subject to applicable City processes
1.3 View Corridor from Transvalley Corridor Trail. At such time as Declarant
applies for a building permit for buildings on the Restricted Portion, Declarant shall cooperate
in good faith with the City Planning Director to locate such buildings in a manner that
reasonably preserves the northwest view corridor from the "Transvalley Corridor Trail" and
the"Cemetery Trail"(both defined later).
ARTICLE 2
OPEN SPACE PORTION RESTRICTIONS
2.1 Restriction on Buildings. Declarant agrees to construct, improve and maintain
the Open Space Portion for one or more recreation fields and for related improvements. No
permanent buildings may be constructed upon the Open Space Portion.
2.2 Access. Declarant agrees to allow public access to and use of the Open Space
Portion during daylight hours at times when the Open Space Portion is not used for
Declarant's own activities, subject to reasonable and customary scheduling control,
maintenance and upkeep, management and safety regulations of Declarant. Subject to adverse
weather conditions and closure of the Open Space Portion during periods of repair and
maintenance, such public access shall be made available at least five(5)hours per week.
2.3 Sunnyside Lease. Declarant agrees that upon completion of the recreation
field(s) upon the Open Space Portion, Declarant shall relinquish its lease (right to exclusive
use) of the City owned recreation field located at the corner of Sunnyside Avenue and
Guardsman Way.
2.4 Lighting. Declarant shall not construct or install any lighting for the recreation
field(s) on the Open Space Portion. Declarant may install such lighting as may be appropriate
for security and to prevent crime.
ARTICLE 3
TRAILS
3.1 Cemetery Trail. Declarant agrees to designate, develop, dedicate and maintain
a public trail easement (the "Cemetery Trail"), at least twenty (20) feet in width, to provide
3
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public access and passage between Sunnyside Avenue and the Mount Olivet Cemetery across
the western portion of the Property. The Cemetery Trail shall be open and available for use
by the public during all times that the Mount Olivet Cemetery is open to the public. At
Declarant's option, all or a portion of the Cemetery Trail may be located within the setback
applicable to the western boundary of the Property.
3.2 Transvalley Corridor Trail. Declarant also agrees to designate, develop,
dedicate and maintain a public trail easement(the "Transvalley Corridor Trail"), at least ten
(10) feet in width, to provide public access and passage along Sunnyside Avenue across the
southern portion of the Property. At the Declarant's option, all or a portion of the Transvalley
Corridor Trail may be located within the setback applicable to the southern boundary of the
Property.
ARTICLE 4
GENERAL PROVISIONS
4.1 Maintenance. The Declarant shall be solely responsible for the maintenance of
the Property.
4.2 Traffic Mitigation. Declarant acknowledges that its development of the
Property will create an impact upon the vehicle traffic in the area. Accordingly, upon
Declarant's application for a building permit for buildings on the Restricted Portion,Declarant
shall contribute $100,000 to the City to be used for traffic calming/pedestrian safety on
Sunnyside Avenue.
4.3 Site Plan Approval. Declarant's site plan for the development of the Property
shall be approved through the appropriate City process, as determined by the City Planning
Director prior to the issuance of any permits, which approval shall not be unreasonably
withheld or delayed. Declarant also expressly acknowledges and agrees that nothing in this
Agreement shall be deemed to relieve Declarant from the obligation to comply with all
applicable ordinances, resolutions, regulations, policies and procedures of the City in
connection with the development of the Property.
4.4 Duration. This Agreement shall continue in full force for a period of one
hundred (100) years from the Effective Date (the "Term"). Within the last year of the Term,
the owner of the Property and Salt Lake City Corporation (the "City") shall review the
covenants and restrictions of this Agreement in light of conditions existing at that time, and
determine whether and for how long the covenants and restrictions shall remain in effect. If no
agreement is reached and recorded within the last year of the Term, then the Term shall
extend for another one hundred(100) years.
4.5 Enforcement. Each of Declarant and the City shall have the right to enforce,by
any proceeding in law or in equity, all covenants and restrictions now or hereafter imposed by
the provisions of this Agreement. Declarant and the City shall retain the right to contest the
existence of any alleged violation of this Agreement.
4
4.6 Amendments. This Agreement may be amended by duly recording an
instrument executed and acknowledged by the owner of the Property; provided that this
Agreement cannot be amended without the prior written consent of the City, which consent
shall not be unreasonably withheld or delayed. Declarant and City agree that they will
cooperate in good faith in making reasonable amendments to this Agreement, subject at all
times to City ordinances, in the event such amendments are necessary based on Declarant's
eventual development plan for the Property.
4.7 Covenants Run With the Land. This Agreement shall be recorded against the
Property with the Salt Lake County Recorder, and all restrictions, rights, conditions and
covenants in this Agreement shall run with and bind the Property as covenants running with
the land and shall inure with and burden the Property and shall be binding on and for the
benefit of the Property and the Declarant and other persons having or acquiring any interest in
the Property.
4.8 Persons Bound. This Agreement and the restrictions created hereby shall inure
to the benefit of and be binding upon the Declarant, its successors and assigns; all occupants,
tenants, licensees and invitees of the Property; and upon any person acquiring the Property, or
any portion thereof, or any interest therein, whether by operation of law or otherwise. The
new owner of the Property, including, without limitation, any owner or lien holder, who
acquires its interest by foreclosure, trustee's sale or otherwise, shall be liable for all
obligations arising under this Agreement with respect to the Property after the date of sale and
conveyance of title.
4.9 No Public Right or Dedication. Except for the anticipated public use of the
trails and the Open Space Portion, nothing in this Agreement is a gift or dedication of all or
any part of the Property to the public, or for any public use.
4.10 Attorney's Fees. In the event the Declarant or the City initiates or defends any
legal action or proceeding in any way connected with this Agreement, the prevailing party in
any such action or proceeding (in addition to any other relief which may be granted, whether
legal or equitable), shall be entitled to recover from the losing party in any such action or
proceeding its reasonable costs and attorney's fees (including, without limitation, its
reasonable costs and attorney's fees on any appeal). All such costs and attorney's fees shall
be deemed to have accrued on commencement of any legal action or proceeding and shall be
enforceable whether or not such legal action or proceeding is prosecuted to judgment.
4.11 No Waiver. Failure to enforce any provision of this Agreement does not waive
the right to enforce that provision, or any other provision of this Agreement.
4.12 Articles, Sections and Exhibits. The Article and Section headings have been
inserted for convenience only and may not be considered in resolving questions of
interpretation or construction. Unless otherwise indicated, any references in this Agreement
to articles, sections or exhibits are to Articles, Sections and Exhibits of this Agreement.
Exhibits A, B and C attached to this Agreement are each incorporated herein by this
reference.
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4.13 Notices. All notices given pursuant to this Agreement shall be in writing and
shall be given by personal service, by United States mail or by United States express mail or
other established express delivery service (such as Federal Express), postage or delivery
charge prepaid, return receipt requested, addressed to the Declarant or the City at the address
set forth below:
Rowland Hall—St. Mark's School
720 Guardsman Way
Salt Lake City, Utah 84108
ATTN: Headmaster
Salt Lake City Corporation
451 South State Street
Salt Lake City,Utah 84111
ATTN: Planning Director
4.14 Severability. If any term, condition, or provision of this instrument is held by a
court of competent jurisdiction to be invalid, illegal or unenforceable to any reason, all other
terms, conditions and provisions of this instrument shall nevertheless remain in full force and
effect so long as the primary purposes of the instrument are not thereby affected in any
manner materially adverse to any party. Upon such determination that any term, condition or
other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good
faith to modify this instrument so as to effect as closely as possible the original intent of the
Parties in a mutually acceptable manner to the fullest extent permitted by applicable law.
EXECUTED as of the date first set forth above.
Rowland Hall—St. Marks School,
a Utah non-profit corporation
By
Name
Title
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me on , 2006, by
as of Rowland Hall — St. Mark's School, a Utah non-
profit corporation.
6
My Commission Expires: NOTARY PUBLIC
Salt Lake City Corporation,
a municipal corporation
Ross C. Anderson,Mayor
Attest:
Christine Meeker
Deputy Salt Lake City Recorder
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me on , 2006, by Ross C.
Anderson, Mayor of Salt Lake City Corporation.
My Commission Expires: NOTARY PUBLIC
STATE OF )
) ss.
COUNTY OF )
This instrument was acknowledged before me on , 2006, by Christine
Meeker, Deputy City Record for Salt Lake City Corporation.
My Commission Expires: NOTARY PUBLIC
1\Agreements 06\Dev Agreement-Sunnyside Ave-Clean-April 17,2006.DOC
7
Exhibit A
Property Legal Description
A Parcel of land being in the Northwest Quarter of Section 9, Township 1 South, Range 1 East,
Salt Lake Base and Meridian and described as follows:
Beginning at the Southwest corner of the Armory 4 Lot Minor Subdivision, said corner being
located South 89° 59' 50" West 775.746 feet from the First Veterans Administration Monument
and said corner is also located North 89° 59' 50"East 10.60 feet from the U.S.A. Monument No.
3 and said corner is also located North 89° 59' 50" East 89.21 feet and North 0° 02' 01" West
58.20 feet from the Salt Lake City Survey Monument in the intersection of Amanda Avenue and
Sunnyside Avenue and running thence South 89° 59' 50" West along the North right of way line
of Sunnyside Avenue 543.35 feet;thence North 0°00' 10"West 1049.71 feet; thence North 89°
59' 50"East 542.78 feet to the Northwest corner of said Armory 4 Lot Minor Subdivision, (said
corner is also the Northeast corner of the amended plat of Parcels 2 & 3 of the Armory 4 Lot
Minor Subdivision);thence South 0° 02' 01"East along the West line of said Subdivisions
1049.71 feet to the point of beginning.
Contains approximately 13.0867 acres.
8
•
Exhibit B
Legal Description of Restricted Portion
A Parcel of land being in the Northwest Quarter of Section 9, Township 1 South,Range 1 East,
Salt Lake Base and Meridian and described as follows:
Beginning at the Southwest corner of the Armory 4 Lot Minor Subdivision, said corner being
located South 89° 59' 50"West 775.746 feet from the First Veterans Administration Monument
and said corner is also located North 89° 59' 50" East 10.60 feet from the U.S.A. Monument No.
3 and said corner is also located North 89° 59' 50"East 89.21 feet and North 0° 02' 01"West
58.20 feet from the Salt Lake City Survey Monument in the intersection of Amanda Avenue and
Sunnyside Avenue and running thence South 89° 59' 50"West along the North right of way line
of Sunnyside Avenue 543.35 feet;thence North 0°00' 10"West 1049.71 feet;thence North 89°
59' 50"East 542.78 feet to the Northwest corner of said Armory 4 Lot Minor Subdivision, (said
corner is also the Northeast corner of the amended plat of Parcels 2 & 3 of the Armory 4 Lot
Minor Subdivision); thence South 0° 02' 01"East along the West line of said Subdivisions
1049.71 feet to the point of beginning.
Less and excluding the following:
Beginning at a point on the North line of Sunnyside Avenue, said point being South 89° 59' 50"
West along said North line 32.00 feet from the Southwest Corner of the Armory 4 Lot Minor
Subdivision, said corner being located South 89° 59' 50"West 775.746 feet from the First
Veterans Administration Monument and said corner is also located North 89° 59' 50"East 10.60
feet from the U.S.A. Monument No. 3 and said corner is also located North 89° 59' 50"East
89.21 feet and North 0°02' 01"West 58.20 feet from the Salt Lake City Survey Monument in
the intersection of Amanda Avenue and Sunnyside Avenue and running thence South 89° 59'
50" West along said North line, 511.35 feet;thence North 0° 00' 10" West 370.50 feet;thence
North 89° 59' 50"East 511.15 feet;thence South 0° 02' 01"East 370.50 feet to the point of
beginning.
Contains approximately 8.7383 acres.
•
Exhibit C
Legal Description of Open Space Portion
A Parcel of land being in the Northwest Quarter of Section 9, Township 1 South, Range 1 East,
Salt Lake Base and Meridian and described as follows:
Beginning at a point on the North line of Sunnyside Avenue, said point being South 89° 59' 50"
West along said North line 32.00 feet from the Southwest Corner of the Armory 4 Lot Minor
Subdivision, said corner being located South 89° 59' 50"West 775.746 feet from the First
Veterans Administration Monument and said corner is also located North 89° 59' 50"East 10.60
feet from the U.S.A. Monument No. 3 and said corner is also located North 89° 59' 50"East
89.21 feet and North 0° 02' 01"West 58.20 feet from the Salt Lake City Survey Monument in
the intersection of Amanda Avenue and Sunnyside Avenue and running thence South 89° 59'
50" West along said North line, 511.35 feet;thence North 0° 00' 10" West 370.50 feet;thence
North 89° 59' 50"East 511.15 feet;thence South 0° 02' 01"East 370.50 feet to the point of
beginning.
Contains approximately 4.3484 acres.
l:1Agreements 06\Dev Agreement-Sunnyside Ave-Clean-April 17,2006.DOC