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029 of 1982 - Closure of Learned and Deseret Avenues between 300 and 400 West Streets STATE OF UTAH COUNTY OF SALT LAKE ss VL1r7JJld� Lynda Domino Deputy Recorder of Salt Lake City,Utah, ...................... do hereby certify that the attached.cO.py..of..N.rdi Hance. No...29, of 1982,, regardi n.g,,.,,,, xomx the..djos.ure.of..Lea.rne.d.anal.D.e.seret Avenues, between.30N.And 4N West ................................................................................ was duly approved and accepted by City CouncilAE)k1 NAKSaAction of Salt Lake City,Utab,this..ZOth,,,,.,,.. day of..Apr.i.1.........................A.D.19..�2 . U, IN WITNESS WHEREOF, I have hereunto set my hand and affixed'thp._corporate seal I SaIT.Lake City,Utah, this....1.4.th.........day of..May.................... : A.b..,19.az Deputy City ecordei of Salt Lake City,Utah SALT LAKE CITY ORDINANCE No. 29 of 1982 (Closure of Learned and Deseret Avenues between 300 and 400 West Streets) AN ORDINANCE CLOSING LEARNED AVENUE, BLOCK 84, AND DESERET AVENUE IN BLOCK 79 OF PLAT "A" OF SALT LAKE CITY SURVEY BETWEEN 300 AND 400 WEST STREETS. WHEREAS, there are currently plotted as part of the public streets of Salt Lake City two streets, more particularly described as Learned Avenue, (#50 North) , and Deseret Avenue, (#40 - #50 South), between 300 and 400 West Streets; and WHEREAS, the closure of said streets has been proposed by the abutting landowners, who desire to amass their land and develop it as part of a large mixed-use project known as the Triad Center, hereinafter "Project", in conjunction with the State's restoration of the Devereaux Mansion; and WHEREAS, it is the City's intention to encourage the development of the Project in conformity with the conceptual master plan which has been presented to it; and WHEREAS, the City finds that if the proposed Project is developed, that said streets would no longer be needed for use of the public as vehicular thoroughfares; and in light of the proposed Project that the closures of said roads would not be adverse to the general public's interest, nor would the closure have any effect independently to relinquish or terminate the City's interest in the underlying property; and WHEREAS, it is the City's intention upon closure of said streets to retain the City's interest in said land until. it is appropriately transferred to the owners and developers of the Project• under separate document, upon appropriate terms (including payment of the fair market value) for uses associated with implementing the conceptual master plan for trio Project and applicable City master plans to encourage revit,ilizat.i,,n and development of that portion of the community. Cl) pia Therefore, be it ordained by the City Cc�uncilwof Salt Lake City, Utah: SECTION 1. Closur. ' of Learned Avenue. That the portion of Learned Avenue, as it lies at approximately 450 South between 300 and 400 West Streets, more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be available for use as a street, avenue, alley or pedestrian way. Beginning at the northeast corner of Lot 1, Block 84, Plat "A", Salt Lake City Survey, said corner being 330 feet North, along the West line of 300 West Street, from the northwest corner of the intersection of South Temple and 300 West Streets; thence West along the North line of Lots 1, 2, 3 and 4, said Block 660.0 feet to the East line of 400 West Street; thence North along the East line of 400 West Street 33.0 feet to the North line of Learned Avenue; thence East along said North line 660.0 feet to the West line of 300 West Street; thence South 33.0 feet along the West line of 300 West Street to the point of beginning. Contains 0.50 acres. SECTION 2. Closure of Deseret Avenue. That the portion of Deseret Avenue, located at approximately #40- #50 North between 300 and 400 West Streets, more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be available for use as a street, avenue, alley or pedestrian way. r Beginning at the southeast corner of Lot 7, Block 79, Plat "A", Salt Lake City Survey, said corner being 330 feet South along the West line of 300 West Street, from the southwest corner of the intersection of South Temple and 300 West Streets; thence West along the South line of Lots 4 and 7, said Block, 660 feet to the East line of 400 West Street; thence South along the East line of 400 West Street 30.0± feet to the i southwest corner of the intersection of Deseret Avenue and 400 West Street; thence East along the South line j of Deseret Avenue 660 feet to the west line of 300 West Street; thence North along the West line of 300 3 West Street, 30.0 feet to the point of beginning. i Contains 0.4545 acres. SECTION 3. Reservations. The closures of the streets 4 a w j described in Sections 1 and 2 are made expressly SUBJECT TO the Ch � following reservations: W.� 1. Said closures are expressly made SUBJECT TO all existing i rights of ways and easements of, all public utilities of W any and every description now located on, in, under Or Q" over the confines of the above-described property, if any; (ind also SUBJECP TO the rights of entry thereon .for -2- the purposes of maintainiwj, altering, repairing, replacing, removing, or rerouting said utilities and all of them. 2. Said closure is also expressly SUBJh;CT TO any existing rights of ways or easements of private third parties. 3. Said closures expressly RESERVE, the public's interests in said streets and underlying property. Said legisla- tive act of closing said streets is not intended to be an abandonment of the public's interest in said roads or streets, but is merely a closure of the area for use as public thoroughfares. Said Property shall be retained as public property that may be available for acquisition at its fair market value subject to conditions subsequent set forth below by transfer under independent document. SECTION 4. Consideration-Conditions Subsequent. Certain conditions and representations have provided the consideration for this legislative act fostering the Project. Any documenta- tion transferring the public's interest in the land described in Sections 1 and 2 above must reflect the following conditions: 1. That said Project's developers and any other abutting property owner(s) bear all expense of abandoning and/or relocating any existing utilities or drainage facilities presently located upon the property. Developers of the Project will be responsible to prepare and submit neces- sary plans and fees to obtain approval and appropriate permits associated with the work. 2. That attached to the documentation shall be drawings reflecting the conceptual master plan viewed by this Council of the Project on Blocks 79, 84 and 85 of Plat Ctr "A", Salt Lake City Survey to guide the City in ensuring co that sub:equent construction and development activitie I� substar:tiall.y conform to the der;ign, use, pedestrian, pi Open space and other concepts reflected in said master O� -3-- nl Win, To ensnrn tha impinmonfatinn of said ma;tr•r plan. developer or future owners or builders will suhmit all construction plans to the Planning Department for review and evaluation for conformity to the conceptual. master plan in addition to any applicable ordinances, prior to application for building permits. The plans will be reviewed for conformity within fourteen (14) days and if the proposed construction plans are found not to be in keeping with ordinances and said master plan, the City shall notify the applicant and may request modifications to bring the plans into conformity. Developer shall agree that Planning Department shall withhold zoning approval and the City shall not issue permits to plans I unless they substantially conform to the master plan and f comply with applicable ordinances. Any disputes over the Planning Department's judgment of the issue of conformity shall be appealable to and decided by the Mayor after providing an administrative hearing after five days written notice to the interested parties. 3. That subsequent documentation transferring title of the Property described above shall require economic consi- deration equivalent to the fair market value of the City's underlying property. SECTION 5. Effective Date. This ordinance shall be effec- tive as provided in its terms as of the date of its first publi- cation. Passed by the City Council of Salt Lake City, Utah, this 20th day of April_ , 1982. 0 C 117I RM AN 2V ATTEST. rda, ) 7 -4- to Mayor_ on /�o lil 1 Mayor's Action: MAYOR ATTEST: c RECO R r3 (S E A L) BILL 29 of 1982 Published: CA) —5— P 82-28 EMJl �'91..�,4ED f7 SALT LAKE CITY ORDINANCE No. 11 of 1982 (Closure of Learned and Deseret Avenues between 300 and 400 West Streets) AN ORDINANCE CLOSING LEARNED AVENUE, BLOCK 84, AND DESERET AVENUE IN BLOCK 79 OF PLAT "A" OF SALT LAKE CITY SURVEY BETWEEN 300 AND 400 WEST STREETS. WHEREAS, there are currently plotted as part of the public streets of Salt Lake City two streets, more particularly described as Learned Avenue, (#50 North), and Deseret Avenue, (#40 - #50 South), between 300 and 400 West Streets; and WHEREAS, the closure of said streets has been proposed by the abutting landowners, who desire to amass their land and develop it as part of a large mixed-use project known as the Triad Center, hereinafter "Project", in conjunction with the State's restoration of the Devereaux Mansion; and WHEREAS, it is the City's intention to encourage the development of the Project in conformity with the conceptual master plan which has been presented to it; and WHEREAS, the City finds that if the proposed Project is developed, that said streets would no longer be needed for use of the public as vehicular thoroughfares; and in light of the proposed Project that the closures of said roads would not be adverse to the general public's interest, nor would the closure have any effect independently to relinquish or terminate the City's interest in the underlying property; and WHEREAS, it is the City's intention upon closure of said streets to retain the City's interest in said land until it is appropriately transferred to the owners and developers of the Project under separate document, upon appropriate terms (including payment of the fair market value) for uses associated with implementing the conceptual master plan for the Project and applicable City master plans to encourage revitalization and development of that portion of the community. Therefore, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Closure of Learned Avenue. That the portion of Learned Avenue, as it lies at approximately #50 South between 300 and 400 West Streets, more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be available for use as a street, avenue, alley or pedestrian way. Beginning at the northeast corner of Lot 1, Block 84, Plat "A", Salt Lake City Survey, said corner being 330 feet North, along the West line of 300 West Street, from the northwest corner of the intersection of South Temple and 300 West Streets; thence West along the North line of Lots 1, 2, 3 and 4, said Block 660.0 feet to the East line of 400 West Street, thence North along the East line of 400 West Street 33.0 feet to the North line of Learned Avenue; thence East along said North line 660.0 feet to the West line of 300 West Street; thence South 33.0 feet along the West line of 300 West Street to the point of beginning. Contains 0.50 acres. SECTION 2. Closure of Deseret Avenue. That the portion of Deseret Avenue, located at approximately #40- #50 North between 300 and 400 West Streets, more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be available for use as a street, avenue, alley or pedestrian way. Beginning at the southeast corner of Lot 7, Block 79, Plat "A", Salt Lake City Survey, said corner being 330 feet South along the West line of 300 West Street, from the southwest corner of the intersection of South Temple and 300 West Streets; thence West along the South line of Lots 4 and 7, said Block, 660 feet to the East line of 400 West Street; thence South along the East line of 400 West Street 30.0± feet to the southwest corner of the intersection of Deseret Avenue and 400 West Street; thence East along the South line of Deseret Avenue 660 feet to the West line of 300 West Street; thence North along the West line of 300 West Street, 30.0 feet to the point of beginning. Contains 0.4545 acres. SECTION 3. Reservations. The closures of the streets described in Sections 1 and 2 are made expressly SUBJECT TO the following reservations: 1. Said closures are expressly made SUBJECT TO all existing rights of ways and easements of all public utilities of any and every description now located on, in, under or over the confines of the above-described property, if any; and also SUBJECT TO the rights of entry thereon for -2- the purposes of maintaining, altering, repairing, replacing, removing, or rerouting said utilities and all of them. 2. Said closure is also expressly SUBJECT TO any existing rights of ways or easements of private third parties. 3. Said closures expressly RESERVE the public's interests in said streets and underlying property. Said legisla- tive act of closing said streets is not intended to be an abandonment of the public's interest in said roads or streets, but is merely a closure of the area for use as public thoroughfares. Said Property shall be retained as public property that may be available for acquisition at its fair market value subject to conditions subsequent set forth below by transfer under independent document. SECTION 4. Consideration-Conditions Subsequent. Certain conditions and representations have provided the consideration for this legislative act fostering the Project. Any documenta- tion transferring the public's interest in the land described in Sections 1 and 2 above must reflect the following conditions: 1. That said Project's developers and any other abutting property owner(s) bear all expense of abandoning and/or relocating any existing utilities or drainage facilities presently located upon the property. Developers of the Project will be responsible to prepare and submit neces- sary plans and fees to obtain approval and appropriate permits associated with the work. 2. That attached to the documentation shall be drawings reflecting the conceptual master plan viewed by this Council of the Project on Blocks 79, 84 and 85 of Plat "A", Salt Lake City Survey to guide the City in ensuring that subsequent construction and development activities substantially conform to the design, use, pedestrian, open space and other concepts reflected in said master -3- plan. To ensure the implementation of said master plan, developer or future owners or builders will submit all construction plans to the Planning Department for review and evaluation for conformity to the conceptual master plan in addition to any applicable ordinances, prior to application for building permits. The plans will be reviewed for conformity within fourteen (14) days and if the proposed construction plans are found not to be in keeping with ordinances and said master plan, the City shall notify the applicant and may request modifications to bring the plans into conformity. Developer shall agree that Planning Department shall withhold zoning approval and the City shall not issue permits to plans unless they substantially conform to the master plan and comply with applicable ordinances. Any disputes over the Planning Department's judgment of the issue of conformity shall be appealable to and decided by the Mayor after providing an administrative hearing after five days written notice to the interested parties. 3. That subsequent documentation transferring title of the Property described above shall require economic consi- deration equivalent to the fair market value of the City's underlying property. SECTION 5. Effective Date. This ordinance shall be effec- tive as provided in its terms as of the date of its first publi- cation. Passed by the City Council of Salt Lake City, Utah, this 20th day of April , 1982. A � CHAIRMAN\ ATTEST: CITY RE R R -4- Transmitted to Mayor on April 28, 1982 Mayor's Action: i MAYOR ATTEST: CI Y RECO ITY R r3 (SEAL) BILL 29 of 1982 Published: May 10, 1982 —5— .PDM-35A Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake --- - ghana D. Conaty LegalNotices Lpol,. lF,ef ..................................................................................................... SALTLAKE zI a 1sB2I r (Cbwrm of Leemed and OM6MrA-ItVB Yes Mwle1120D arddW lNMt t Being first dui sworn,deposes and says that he is legal AN ORDINANCE CLOSIN�r LggA i�'AXENVE, g Y P g B4 K Ba;AND DEfERET gVENUE N i W 1PLAT oFSAI-TLAK6 GTY SURVEY�e ITw3o. NDdm advertising clerk of the DESERET NEWS, a daily wT ST EETs. - _ (except Sunday) newspaper printed in the English HHREAS,ithalm ere curcMitY DbNetl eetart'of the 1 streets o/SeH.Leke rl-two ores ihi more pertldularlr DIY aLeemedAYanD.�tsoyD :andoew.rArG language with general circulation in Utah, an lMb 1 SOUIh);between and Yoowe.t StIMts;one w so EAS,iMcbwtoofsaldstmos.hasbwnDroPowd published in Salt Lake City, Salt Lake County, in the lIN n,the CIO m who es1ro fo e sa aNlf IeM1 'y}ryb d.01de It$s pert of a larfp mixedun Pro act ktawn State of Utah. iK triad ZMINr,MralnaNar ProleCYr,.In Oglauncfksl wNh aa•Sfafa;y0f10retlmn of the l3evereaux Manslen; ntl ' WHEIREAS It Is the Clty's InKrdidr to Mx'nu.. the t the Prelect m canbrrnNY wiM tlhe cprrce0lml e10"qq %,A h Cl I' „Gm.dto.lt;e� That the legal notice of which a copy is attached hereto HEI�IaAS the CIW binds Nret if Me proposed P.W"is 4 p'Ittef`,iNd NrvNts vroWd no bnoar,be Mr.uw (- phrerb .va7hlspraY thoQuohf an In II bMTTha xMn Me�r..Dr wfa".loam wowdaotDe Pub notice of Ordinance M29 0£ 1982 w tdtlls ral'pub I aPuberM.mw would the pyhre •'he ar1Y ItxNpanden eo rellfgulsa or terminea tIN �i 6l itre hN'"I 'jr=rJ arxt , I:4 It H I It CI In I m upon olomgro It���aw r 6 f anmfelhrrrM~to'.i1 oN+1rlrmfa kdevN ortiq"oh/fo _wperata Cecum4a uoom faoraprtar«•rrorma ............................................................................................................... (' paYtiNftt of fair this velum)far Vaes aesOti- at rwltk impterr�ntlrfq 9Yw I masmr•,alanr for the ,P a GN maser', em to etlmlrap0mn.ravN fill. .... ... ... .......................................... ................................ I Owe at that P6rf of the CHmm U11UUyy Ne,to R a tad by Rle CIW CWIKNad Belt bake Cltr ah: of Lmm 17�rlp'x-"Ma fTIO A,1Cbsalre it.11allrf aPPlozirtbtr111f•1KO. M .....•......... .. .................. .......•.•..........• ..........•...••.••.. bt' . IM rhorihe ant CLOSErlwYl�ayaesct% tr voe Is,CLOSED aM deckrad�m my �`ouwlld Ihe' f11e rose as a itYeeiilavtxhum alley or st cerner n ..... ... ............. ... ........ 1 r to ne a tIN W ast t0l'rNr `l.iBloda tt Lake CIW Survav 330 _ o.1. of f m' was published in said newspaper on.....May 10, 1982 re to oonr of dOpWMY, Nerlh .. ••...... ed Avenue: eeW Morth \ INM etd.D feet ro the WUY:I wSireef; 1 ,. ifhptq SouM 37.0 feet='* '3U0'West 1. Sffae 7 e Polmofbeelanim. I \(t \ �- ` \ .. ,.cq�rlr.rlre.tmecrw. �J.......... .. ..... .. . . .... ....... ... ..... S cT ON 2.cbwre of Deseral q °That the Port on Legal Advertisinglerk }Deseret AvMue,basted er mDrox lwi# N50 North ,\ between 30D end d00 West Streetq par cularly descrlMtl .below,Ice,antl the tutus herGW Is,CLOSED mtl oeclared no longer I. be ova)able for uw es a SNeel,austere,alley or �•, petle9tran war. Beglnninp at the seuthe9st turner of lAt],Block A• Peeer$p 1 Sa I'.tn.ethhe Weft Pine of 330l0 West S reIr',I fran re me this..........................20th................... ..............,.............day of iM sou1lMRst corner of Iha Infmrseclbn of South South)lire al Loh ds ntl 1reelsas(d BIlodc,660lfeeeP fa the East one of 40D West Slreeh thence sa,M alone Me .....A.D.19...$2.. East 4Ire of d00 Wesl Street 30A+-feet to Me wufhwesf comer of Me Imerwcllon of Dawref Aveoue and d00 West Slreef;1tNnce East W.rq1 the South Ilne of Dese- ret Avenue 660 feet to rm West Ilse of 3W West Street; thence North along the West Ilre o/300 West Street, 3oA roes roim pglnf of beglrmNlp. COmalm D.dSdS acres. SECTION 3. Reservations.The cbsures of the streets — , -ppppscrlbed In SectbrN 1 and 2.are made expressly SUBJECT .... '............................................. ........................ 70 table rewrraNDns: Notary Public 1.Said cbsrxes are expressly made SUBJECT Tpp all ex- fim debts of ways and eewnNnts of all public urlllIN, of LnY and Avery descriPtton row bated on,In rider or over the confines of ale abovedeacribetl property.if aM;and alw SUBJECT µTO ttN�Iprns of,Gnfry thereon for ihG PurPowe 01 ryll1dultir1g81saltl utlllfle4 end allot �Plhq,removing,or re- 3.Sold cIomurii Is alw ezPressh,SUBJECT TO any exist- In,rights of wan or easemwtls e!yrivaa Mind I 1P.1. 7.Sob clolures expressly RESERVE Me Wblic's Interests in said streets aM untlerlylrq properW.Sald Ipppplslative ad of desire mid streets Is not InteMetl b be an abendollnnenl of the Public's Interest In mid ropauds or streets,but is rrpe yoga .._...._. wps�1� ertIreYlNshall the retalrh 0 m pybllcbli lNarouablame.rnav be avail- Pry devor mom nt 11ifieiilshe"a—.1manshrrinpcflckIXhmol�id able for awulalflon at IN fair market vaI tuehesublect to cpdI, ellon eauivaienf a the fair market vabe of Na C9's unapt, no m subseeusht wI forth below by trarehr alder Irdepentlenf S gg Dell.This ordinance shall be-effec. document. five as Provded In t1srer as of Na dale W IN first Pubtlr SECTION d.f sentations, avePr lded tent.Cmrfeln ationfar end relaIN-atfom haven the Pad the Ider- aMon for tran genrrinve act ublIClngi the st in f.Ant'sow- Passed by the GW Cavnc�ll W Sall Lake CIW,Utah,this mentati 1 Sect es I iM publlCs nt mN in Mq lard do- 301n dev of April.19a3. )bed In Sect s i and 2 above must reflect the folbwmp S.FHAIRM N itions' CHAIRMAN 1.thew tub Pmk t I expens eof and any other abuNkq ATTEST: CroPertY Owner(s)bear a I GxPwfm of abandonirw and/Pr relo- Kethrvn Marshall catlra any exlsflrq uNllties or drainaoe facilities fly CITY RECORDER lP sled upon Me Property.DevebFers of Me Proletir will be TransmiNetl to Mayor m APrll Pe•198Y. mePorhsible b Prepare and su—It scenery dens and Zees to Mara's Man: Obtain approval end appropriate Permits associated with Me Tee Wilson wort4.That affacheedd to the documentation stall be drawbas ATTEST: MAYOR rEA C,tefl on BIadI11ets 79•a irhE 8!of AI dt bYq MIS If lake 1fnIg to {CIeTY REhC EIR YYtt—flolrin sedd Pedmct Idrn clops� IGIIO Sa 8 ef: Y 10.19BT reNectee b mid maser vian.To emote the ImplemMaflon of _e-71 isned sad riu under Plan,develwmr or future owners or WIl s III `N t all cautrucrlon PIMs ro Illy Panning DeDarfinentwfor evbw and eyaluatlen for comormHY to ihm cagalual neater plan In addiU.to ens'appllCAblm ordIhe.as.Prier b applica- tfoo tV within building (i)The e leant if t 0 roviewed Wsed for on Piam are tours not,to re Pn keePltro wPM oralnances one d master pan,Me G1yp hall rdtlry the applicant and mar to oer shalt agree that Pimmil.DDPart nr eno f shall wIt=ldld sonira agprroval Md the CItY shelf not Issue permits to Plans cuniess ply MAIM apppleicalbleYordl--form�o the Arl tllwuas pan ver the qq����Mirhp Department's iudyyement of the Issue of; H7ill tr eppaalable band Pleaded fha Mara after Wovld- hN1iY n adminlelrafivm hearing eNat flYe deri wrtr notice b Inieroyad Panes.