Loading...
027 of 1983 - Vacation of publicway located within the West Grand View Subdivision consiting of 16 foot alley MICROFILMEDED SALT LAKE CITY ORDINANCE No. 27 of 1983 (Vacating a publicwa.y located within the West Grand View Subdivision ) AN ORDINANCE VACATING A PUBLICWAY LOCATED WITHIN THE WEST GRAND VIEW SUBDIVISION CONSISTING OF A 16 FOOT ALLEY WHICH RUNS SOUTH FOR APPROXIMATELY 153 FEET FROM BLAINE AVENUE BETWFEN 10TH AND 11TH EAST IN SALT .LAKE CITY, UTAH. WHEREAS, the City Council of. Salt Lake City, Utah, finds after a public hearing that the City's def.easible fee interest in the alley described below which was formally dedicated within the West Grand View Subdivision is no longer necessary for use as a public alleywav and that the vacation of said alley described below will not be adverse to the general public 's interest based upon the conditions contained herein. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTON 1 . An alley located in the West Grand View Subdivision running south from Blaine Avenue between 10th and llth East for approximately 153 feet which is the subject of Petition No. 400-28 of 1982 , more particularly described below, be and the same hereby is vacated and declared no longer to be needed or available for public use as a public alley: Commencing at the southeast corner of Lot 48, Block 2, West Grand View Subdivision, a subdivision located in Block 1, Five Acre Plat A, Big Field Survey; thence north 135 feet; thence east 16 feet; thence south 153 feet to the southwest corner of Lot 53 of said subdivision; thence west 16 feet; thence north 18 feet to the point of beginning . RESERVATIONS. Said vacaton is expressly 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 above described property and also subject to the rights of entry thereon for the purpose of obtaining , altering , replacing , removing, repairing or rerouting said utilities and all of them. Said vacation is also subject to any existing rights of way or easements of private third parties. SECTION 2. CONDITIONS SUBSEQUENT. This Ordinance after passage shall be published but shall not become effective until the following conditions have been satisfied: 1. The petitioner shall dedicate an 18 foot wide alley across the petitioner's property running north from Wilson Street approximately 159 feet west of llth East for approximately 135 feet to a point where said alley intersects with an interior east-west alley as more particularly described below: Commencing at a point 1.5 feet east of the northeast corner of Lot 4 , Block 2, West Grand �. y,� f View Subdivision, a subdivision located in Block 1, Five Acre Plat A, Big Field Survey; thence east . �� 18 feet; thence south 135 feet; thence west 18 feet; thence north 135 feet to the point of beginning. 2 . The Petitioner, Beesley Construction, and its successors or assigns shall be responsible for paving said alley in accordance with the specifications set forth by the City Engineer -2- and for maintaining said alley for as long as the property is used for other than residential purposes. SECTION 3. EFFECTIVE DATE. This Ordinance after the date of its first publication shall not become effective until recorded with the Recorder of Salt Lake County. However the Recorder of Salt Lake City is instructed not to record this Ordinance until the Mayor verifies that the conditions subsequent have been satisfied or provided for by executed agreement. Upon verification and satisfaction the Mayor may instruct the Ordinance to be recorded. However if the foregoing conditions are not completed within 12 months from the date of passage this Ordinance shall be null , void and of no effect and no recording thereafter shall be allowed. Passed by the City Council of Salt Lake City this loth day of May 1983. CHAIRMAN RMAN " ATTEST: R RDER Transmitted to the Mayor on May 10, 1983 Mayor 's Action May 10, 1983 MAYOR - tJ -3- 4 ATTEST: C Y C R ER cc59 ( SEAL ) BILL 27 of 1983 Published: May 23, 1983 —4— RECEIVED RPC4RDfA APR 19 1Y84 ROGER F. CUTLER1_, , i �.j v�p�C� TY�G s RP zATI. ly\E ASSISTANT ATTORNEYS CITY ATTORNEY RAY.R�.�+weud aa.+..aL ��aa�va. .x.ew.a�.��.1 RAY L. MONTGOMERY PHILIP K. PALMER LAW DEPARTMENT GREG R. HAWKINSPAUL G. MAUGHAN CITY PROSECUTOR 100 CITY AND COUNTY BUILDING JUDY F. LEVER WALTER R. MILLER SALT LAKE CITY, UTAH 84111 ARTHUR L -KEESLLER, JR. DEPUTY CITY ATTORNEY (801) 535-7788 GUNN B. MGKAY ASSISTANT PROSECUTORS April 19 1984 CHERYL D. LUKE p a JOHN N. SPIKES DONALD L. GEORGE ' Mr. Joe Beesley, Jr. Beesley Construction 338 East First South Salt Lake City, UT 84111 Re: Salt Lake City Ordinance, Bill 27 of 1983 Dear Mr. Beesley: As I earlier indicated to you in my letter of April 10, 1984, Ordinance No. 27 of 1983, vacating a portion of an alley in the West Grandview Subdivision, was passed on May 10, 1983 , with certain conditions. If these conditions are not satisfied within one year from that date, the ordinance will expire by its own terms. I inquired if you were interested in proceeding with the matters and asked you to contact me before April 18, 1984 . If I did not hear from you in that time I would assume you were* no longer interested and I would instruct the City Recorder to allow the ordinance to expire under its own terms. I take it, in light of the absence of your contacting me, that you are not interested in proceeding with the matter. Consequently, I hereby instruct the City Recorder to allow. the ordinance to expire by its own terms. By this action, the ordinance will expire on May 10, 1984 . If, after that time, you are interested in requesting the City Council to again consider the passing of another ordinance, you certainly are free to do so, but it will require a separate petition, review hearing, etc. , and the passage of another ordinance by the City Council . Inasmuch �\\ N Mr . Joe Beesley, Jr. April 19, 1984 Page -2- as it appears the public alley will remain a public thorough- fare, please be advised . that you cannot obstruct that alley, or take possession of it, without subjecting yourself to enforcement action by the City. Sincerely, . / UPY F LEVER Assistant City Attorney JFL:rc cc : Sam McAllister Kathy Marshallr./ Harry Ewing Mark Hafey Jerry Blair City Council r i z H d t sa 1 a x! 3 STATE OF UTAH c. COUNTY OF SALT LAKE ss I, . .►y..Rd(a. .Domi.no. . . . . . . . . . . . . . . . . . . .D.P .0 i • • •� • • • • . . . p t.Y ,City Recorder of Salt Lake City, Utah, do hereby certify that the attached. . . . .CA.py, •O.f. .0.rd1.n.a.nce. 27 .o.f. .1.98.3 -r.egardi.ng .the . . . . . .sftam vacation. o•f a.n. a.l.l.ey. J.n. .the. Re.s.t .Qran.d Y.i.ew. .S.ub .v.i.si.o.n. .cansi.&ti.ng .of. .a .1.6-faat wide alley which runs south for approximately 53 feet from Blaine Avenue between .1Qth and. ,l l th, Ea•st.•. . . . . . . . . . . . . . . . . . . . . . . . . . . was duly approved and accepted by City Council/Executive Action of It Lake City, Utah,this . . .lath. . . . . . . . . . day of. . . . . MJaY . . . . . . . . . . . . . . . . . . . . . . .A.D. 1 s. R3 IN WITNESS WHEREOF, I have hereunto set my hand an affixed the corporate seal of Salt Lake City, Utah, this. . .1.7th. . . . . . . . . .day of. . . . . . May. . . . . . . . . . . ,A.D. 1983. . /D i*ty Re rder of Salt Lake City, Utah SALT LAKE CITY ORDINANCE No. 27 of 1983 ( Vacating a publicway located within the West Grand View Subdivision ) AN ORDINANCE VACATING A PUBLICWAY LOCATED WITHIN THE WEST GRAND VIEW SUBDIVISION CONSISTING OF A 16 FOOT ALLEY WHICH RUNS SOUTH FOR APPROXIMATELY 153 FEET FROM BLAINE AVENUE BETWEEN 10TH AND 11TH EAST IN SALT LAKE CITY, UTAH. WHEREAS, the City Council of Salt Lake City, Utah, finds after a public hearing that the City 's def.easible fee interest in the alley described below whic was formally dedicated within the West Grand View Subdivision no longer necessary for use as a public alleyway and that th vacation of said alley described below will not be adverse o the general public 's interest based upon the conditions cont ined herein. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah : SECTON 1 . An a ley located in the West Grand View Subdivision running south from Blaine Avenue between loth and llth East for app oximately 153 feet which is the subject of Petition No . 400 28 of 1982 , more particularly described below, be and the same hereby is vacated and declared no longer to be needed or ava ' lable for public use as a public alley: Commenc' ng at the southeast corner of Lot 48 , Block , West Grand View Subdivision, a subdiv lion located in Block 1 , Five Acre Plat A, Big Field Survey; thence north 135 feet; thence east 16 feet; thence south 153 feet to the o , southwest corner of Lot 53 of said subdivision; thence west 16 feet; thence north 18 feet ,to the point of beginning . 6 RESERVATIONS. Said vacaton is expressly subject to all existing rights of way and easements of all bublic utilities of any and every description now located on, under or over the rights above described property and also subject� the e g hts of entry thereon for the purpose of obtaining , al ering , replacing , removing, repairing or rerouting said u ilities and all of them. Said vacation is also subject to any existing rights of way or easements of private third partie . SECTION 2 . CONDITIONS SUBSEQU,8NT. This Ordinance after passage shall be published but shell not become effective until the following conditions have ben satisfied : 1. The petitioner shall dedicate an 18 foot wide alley across the petitioner' s properl'tty running north from Wilson Street approximately 159 feet westf llth East for approximately 135 r r feet to a point where said intersects with an interior east-west alley as more particularly described below: Commencing at a poi t 1 .5 feet east of the northeast corner o Lot 4 , Block 2, West Grand � r View Subdivision, /a subdivision located in Block 1, Five Acre PlaYouth A, Big Field Survey; thence east 18 feet; thence 135 feet; thence west 18 feet; thence nor�h 135 feet to the point of beginning . d 2 . The Petitioner, Beesley Construction, and its successors r r or assigns shall be responsible for paving said alley in accordance with the specifications set forth by the City Engineer -2- and for maintaining said alley for as long as the property is used for other than residential purposes. SECTION 3 . EFFECTIVE DATE. This Ordinan e after the date of its first publication shall not become eff ctive until recorded with the Recorder of Salt Lake Coun y. However the Recorder of Salt Lake City is instructed no to record this Ordinance until the Mayor verifies that t e conditions subsequent have been satisfied or provided for by e ecuted agreement. Upon verification and satisfaction the Mayor may instruct the Ordinance to be recorded. However if he foregoing conditions are not completed within 12 months from the date of passage this Ordinance shall be null , void and o no effect and no recording thereafter shall be allowed . Passed by the City Council Salt Lake City this loth day of May , 1983. kYL CHAIRMAN ATTEST: R R D E R Transmitted to the Ma or on May 10, 1983 Mayor 's Action May 0, 1983 TO r-OPM/ t�:+� --, _-- / '• ' - MAYOR - v -3- h n y v ATTEST: C Y Itcy ROE R cc59 ( S E A L ) ,SILL 27 of 1983 Published: May 23, 1983 —4— Affidavit of Publication STATE OF UTAH, Ss. County of Salt Lake Chcryl..Gierloff.................................................................... SALT-1 CITY�p DINANCE N0.:2 a 1 W IVacatitg a 0MIL�YaY 1—hill within He 1Nesf BTam V1. sulidl l qN.ORDINANCE RZO G A P{1BLICWAY LOCATED Being first duly sworn,deposes and says that he is ego WITHIN THE WEST GRAND VIEW SUBDIVISION CONSISTING y NEWS, M AL FOOT ETFRWHICHRUNSSOUTHFORAPNOXI, adVertlsing Clerk of the DESERT `v�YYJ' a daily MATELY 1 FEET FRROM gLAINE AVENUE BETWEEN LOTH ANDIITH FAST IN SALT LAKE CITY,UTAH. (except Sunday) newspaper printed In the Engles WHER A,Me CI Council of Sa r e Clty,Utah,finds alterapwE��aamufLICEclYauatiaLa i��aalnterest1.ths tan ua e with general circulation in Utah, and Iles deecrI below which was fortnallY eted within the g g publicGaf-a` ndm'se'e€'YFB'Ya'4ia �le'a"a�a aaxrfeaa published in Salt Lake City, Salt Lake County, in the below tll neet be a aRrplrrleA Iffle,Wrelal lwmiCs interest based State of Utah. upon NOW,THEREFORE,be It ordained by fin ON Council of Salt Lake City,Utah: SECTION 1.An alley located In the Writ Grand vim Subdivi loft unnim south from Blatie Avanue between 10m a d 11' That the legal notice of which a copy is attached hereto East to,approx1,me Y 153 feat which is the sbe�ow,of Petition No.dOP26 M 1982,sera perflcularly described belay,be orb the same rob,is vacated and laced ne longer to be needed or aYail.nf o wbncuxaad d4cauw: pub, Ord. H27 - Vacating a public way locate Commartcirg of tie t cornrr pp((1-9f/B.Block 2 ............................... West Grand View S lU�v`s ,a III Me—IocafOd In ....................................................................... Block 1,Five Acre Plat A,Blg Field Surwn, Menca norm 135 feo:menc0 Casf 16 feet;mtvlce sWth 153 feof to me bwastrornarofwr53wsaidsubdlWalan;thence within the west Crand View.Subd3vision was la feel'thence north le reef to the Point of begin- '............ ..................... ......................... p is expressly,Ublett to all RESERVATIONS.$a1Q vdtafim existing rights of way aZ1 Oasemenlb of all public ufili}1e6 a!env and every d2dcrigqlon MW Ioc ero on,I",—o,over tin abwe ............................................................................................................... for riRtl property and also subject to the rights of ennv thereon for fie pfWtPme orq abfainl r removing,re- pair itl Vm. ..ft Is at.' rtle utdTiles to anyex of MStllq rights of way M easeRwnts of wivafe Mira partiaa. ............................................................................................................... SECTION 2.CONDITIONS SUBSEQUENT.This OrdiMrce t'alter passage shell he WOliafled dd shall not beCorre affective .......................................... bllowbg mnd5 h Isesn safisl- across ..................................................................... 1. sar's s er ahxll temina an 1S loot caeca alloyy the petitioner's property running rgrM fran Wilson Street aP proximately 159 feet w0ef of I'm East for ebe—Immeaset,135 feel to a polo where sale alley Intersect,with an Interior eaIt sear alleys,morerrIIcusIrIN described below: was published In said newspaper on......................................... Commencing of a Point 1.5 fast east of the northeast corner o led I,Block 2,West Grand View SutdiWelon a wbdWision IacahM in Black 1,Five Acre Plat A,61p Ma 23 1983 Field Survey;Hence east IS feet,fhe—south 135 loel; "" thence west 18 feet thence norm 135 feet to the polo of "" "'. beglnning 2.The Pernlonar,Beesley Construthon and Its successors or designs Shan be reap9reible for Paving said alley n— canlce / . .... ../ f .... with me specifications set form by the"IV Engineer and for ntalare sate�nay rot as long as the Property is used for Legal.Advertising Cle k other man resgantial Purposes. SECTION I EFFECTIVE DATE.This Ordinance after the I date of Its first wblicatien shall not become effective until re- ce,ded with the Recorder of Sall Lake County.However the Reu corder of Salt Le CiN is instructed not m record this Ordinance ssaatisfied oraa IhN for that xe ttukyltap 9r ubeewfa�uUanpfa nheve been non and&I fa ion the Maya may itstruc f e Ilydlnan[B Roche before me thes.................................Z.[ld..........................................day o within 12'moriHs f�ornithehefdoafs or0aseag lelmis ormna fncte�.sl aiifbedB null,void and of ne effect and,.recording thereafter:hall be A.D.19..$3... allowed. ............•' Passed bV the City Council of Salt Lake Clty this IIHh day of May,1983. GRANT MASEY. CHAIRMAN ATTEST: KATHRYN MARSH ALL. CITY RECORDER AY Transmlttedlomo Mayor on Ma,10,1903 - .•. ...• •.....................................PUbIIC....... Mayor's Action:May 10,1983 TED MOR Otary MAYOR ATTEST: THR LL !+CI - RECORDER (S A RECORDER (SEAL)BIL p•5� PublistlafZhe:Mav 23,1983 t { AA2__ My Commission Expires �"A 1986.......................... AnM-3SA