038 of 1985 - Vacating the City's Interest in a Private Right of Way - Petition No. 400-248 of 1984r ,
P 85-65
SALT LAKE CITY ORDINANCE
No. 38 of 1985
(Vacating the City' s interest in a private
right of way pursuant to Petition 400-248 of 1984)
AN ORDINANCE VACATING THE CITY 'S INTEREST IN A PRIVATE RIGHT
OF WAY KNOWN AS TRINIDAD COURT LOCATED AT APPROXIMATELY 750 SOUTH
AND WEST TEMPLE IN SALT LAKE CITY, UTAH, AND REQUIRING CERTAIN
CONDITIONS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the City's interest in that private right
of way known as Trinidad Court located at approximately 750 South
and West Temple in Salt Lake City, Utah, be and the same hereby
is, VACATED and declared no longer to be public property for use
as a street, avenue, alley or pedestrian way.
SECTION 2. Said alley is more particularly described as
follows :
Commencing 37 feet south of the Northwest corner
of Lot 4, Block 15, Plat "A" , Salt Lake City
Survey, and running thence East 82 . 5 feet; thence
North 2 feet ; thence East 82. 5 feet ; thence South
14. 5 feet; thence West 82. 5 feet; thence North 2
feet ; thence West 82. 5 feet ; thence North 10. 5
feet to the place of beginning .
RESERVATIONS. Said vacation is 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 real property.
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.
SECTION 3. CONDITION SUBSEQUENT. This ordinance, after
passage, shall be published but shall not become effective until
Petitioner conveys a right of way across its property. Such
right of way shall provide access between West Temple Street and
Lemon Place. The form and sufficiency of such conveyance shall
be approved by the City Attorney. Such right of way need not be
specific but must provide that such access shall be perpetual.
SECTION 4. 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 condition subsequent
has been satisfied or provided for by executed agreement. Upon
verification or satisfaction the Mayor may instruct that the
Ordinance be recorded. However, if the foregoing conditions are
not completed within 12 months from the effective date of the
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, Utah,
this 14th day of May , 1985.
CHAIRMAN
-2-
ATTEST:
6I9Y dzCORDER
Transmitted to the Mayor on November 14, 1985
Mayor' s action: November 14, 1985
MAYOR
ATTEST:
4,& W"a—
CIT t!�
ORDER
cc105
(SEAL)
Bill 38 -of 19..... 5
Published: November 26, 1985
salt La Pf,,0,,,D !
Date
-3-
ti li;I�'11 iI�I s(ITl'(CORD RA I�NT
ADI,'INISTRATIVE SERVICES DEPARTMENT
311 CITY AIJD COUNTY BUILDING
SALT LAKE CITY, UTAH e4111
(801) 535-7671
June 12, 1986
Ilemo to LuAnn Fawcett, Development Services
Room 114 City and County Building
As you will recall my office has peen notifying you about the
expiration dates of the following ordinances:
1) Ordinance 24 of 1985 and Ordinance 50 of 1985 were both passed as a
res '� f- ti ti on 400-202 of 1934 by Barry Esham of the Ncrth;,est
Co;nnun ty`Council. Ordinance 24 vacated the east/west portion of
the alley located at approximately 1200 Vest 470 North. This
expired October 9, 1985. At tame-,--1,re told there
would be a replacement ordinance, but my office has never received
anything. Ordinance 50 vacated the north/south leg of the alley at
1200 Nest 470 North. This ordinance was not to publish until the
conditions were satisfied, but there was not an expiration date
specified in the ordinance.
2) Ordinance 31 of 1985 was passed as a result of Petition 400-263
of 1984 by 14otel, Hotel Sales and Management. This ordinance
rezoned an area at approximately North Temple and Redwood Road from
"R-6" to "C-1". This ordinance could not be published until the
conditions were satisfied, but it expired May 14, 1986.
3) Ordinance 38 of 1985 was passed as a result of Petition 400-248
by Varner Enterprises. This ordinance vacated the Citys' interest
in Trinidad Court (a private right of way) and expired btay 14, 1986.
Ply office has followed up several times with you on these ordinances and
I know that you followed up with the petitioners and have not gotten any
replies. My office also followed up with Carole Stokes in the Council
Office to inform her about the situation with these ordinances. Our last
follow-up was !'ay 5 at which time you indicated that you had not heard
from the petitioners at that time. Carole also indicated that she had
not heard from the petitioners either.
Since the ordinances have expired (or a great deal of time has elapsed
since they were passed) , and since the petitioners have not responded, I
r am going to consider that these ordinances are dead.
If you follow up \,ri th the petitioners or if they have been in contact
with you, please let Lynda know by June 20. After that we will assume
that these issues are closed and no further action will be taken. Attached
are copies of the aforei::entioned ordinances.
Thank you.
Kathryn iiarshall
City Recorder
Kil/b j
cc: Steven Allred, At`Corney' s Office
Brian Iiilkinson, Council Office
Affidavit of Publication ADM-35A
STATE OF UTAH,
ss.
County of Salt Lake
c* WIT;
Wa..
Cheryl Gierloff
(' . ........................................................................................
LtioA00-'248'of t484)
NCE�%ACATING TFCE CITY:S INTEREST IN A
T OF WAY KNOW
�tJ�AS TRINIDAD COURT LO-
p PROXIMAjELY 75l�SOUTH AND WEST i!s
pp gr�tp)�'�I1KEbyC1fTTYf UTAH;'AND REQUIf�IJG CEf,TTTTA
Ce'6ECTIONLThaTHiesC,Ns�nlerest fm�a; ` a`fe'r�o` of Being first duly sworn, deposes and says that he/she is
way known sTrinid n Salt Lakelocated atCity,Utah,be and the
sSouth
ame legal advertising clerk of the DESERET NEWS a daily
and West Temple In Salt Lake City,Utah,be and the same ,
heF 1usYe as
a,aver ared alley
or per to destrian
npublic way,prop- newspaper rinted in the English language with general
eiW arse as a sheet,avenue,alley or pedestrian way, p gg
CTION 2.Sold alley Is more particularly described as
falo circulation in Utah, and published in Salt Lake City,
Bneing 57 feet southA , of the e City
Su canner of : Salt Lake County, in the State of Utah.
�; 47 Block 15,Plot"A",Salt lake Clty Survey,and
r ning thence East 82,5 feet;thence North 2 feet;
@* 4:81,5•feet;thence,South 14.5 f . thence
tW, 82 feet,thence North 2`,feet;then _est 82.5
1Wthence North 10.5 feet to the place of t6glnning. • .tie That the legal notice of which a co is attached hereto
RVATIONS.Said vacation Is expressly mode:SUB- g copy
JECT.J? II eitlstinq rights of woY�s and eosen3or ig of all public,,
util of bhy and every descrlpfion n w located on,in,an&r
or over,the confines gf the obove-describedre;ilpropertV. I Salt Lake City...........................................................
Odinance No. 38 of 185
A �p SUB EC, TP the rights of entry thereon for the Our- ................................
ppogk�ee��f ub!$Inl�"�� ilter)ng,replacing,4movinp;repatrina or {
iEraliflnpp s id utlI fes and all of them.
('T� , 1.CONDITION SUBSEQUENT.This urdlnoncg.af.-
tit'. s ;shall be published but.shall not beecpme eff, iv .........Vacating..the.-city!s..a.ntexe at.in..a.pr iv.a'te..........
ntil Pener conveys a right of way across Us properfy 4'h
Ight gf,way shall provide access between Wetst?ample,
t enwn Place.The form and sufficiency of-such convey-
4neeAftIl be-approved by the City Attorney,Such right of'woy right,of„way,,
neepdentgutbe speclffc but,must provide that such access stroll be
'SECTI,fyNI - i..........
`4.,EFFECTIVE DATE.This orffinance,after the )
gate df►fsfirst"publication,shall not'become gffP�ctive until re-
CCaarded wM.1,the Recorder of Salt Lake Goodly However the .........................................................................
Recorder gf•;aM Lake City is Instructed not to r$cord this brdt-
ao euntl311eMayorverifiesthattheconditionsubsequenthas-
OPeeeMl+ssaggq�Sfflld ,or provided for by executed Abreement.Upon"f
ye�'ell or satlsfactton the Mayor may instruct that the Or. 1.............................................................................................
dinance 'recorded.However,if the foregoing conditions areM
eat comp st;d within 12 months from the'effective date of fhe
paFspipe; s Ordinance shall-be null,vole and of no$ffedog0,
?° Pgss
fr,=dinpb thereaffer shall be allowed.'
edYtneCltyCoundlofSaltLpke.Sity,Utafj;tnsiatn was publishedi n said newspaper on..................................
toy of Mavr 1985.
A�ffiE51:' CHAIRMAN November 26,. 1985
Kathryn Marshall
RECORDER ''
smltted to Hie May
on'November 14,1985
1!or's;CA on.
November 14,1985
iPalmer DePaulls "" ' ' ' ""' ""•"'•
I ATTQST. MAYOR Legal A tlsing k
A/ Kathryn Marshall
(( ARECORDER
BSi81f5�bf
RPu>ills "-Acj;RpOer 26,1985
W 6
Subscribed and sworn to before me this ........................6th....................................... day of
......December............................ A.D. 1985.......
�:4���:...............................................
Notary Public
My Commission Expires _f..
March 1 1988 �
................... ..................................
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