049 of 1985 - Closing a Utility Easement Underlying Roberta Street and Colfax Avenue - Petition No. 400-292 of 198 P 85-69
SALT LAKE CITY ORDINANCE
No. 49 of 1985
(Closing of a utility easement underlying
Roberta Street and Colfax Avenue
pursuant to Petition No. 400-292 of 1985 )
AN ORDINANCE CLOSING A UTILITY EASEMENT UNDERLYING ROBERTA
STREET AND COLFAX AVENUE IN SALT LAKE CITY, UTAH AND DISCLAIMING
THE CITY 'S INTEREST, IF ANY, IN SAID STREETS AND REQUIRING
CERTAIN CONDITIONS.
The City Council of Salt Lake City, Utah, finds, after
public hearing, that the City has no interest in any portion of
Roberta Street or Colfax Avenue; however, petitioner has
requested a Quit Claim Deed from the City conveying the City' s
interest therein, if any. The Council further finds that the
City does hold certain rights to an easement underlying said
streets and that the City' s interest in said utility easement,
described below, is no longer necessary for use by the public as
an easement and that closure of said easement will not be adverse
to the general public's interest nor will it relinquish or
terminate the City' s interest in the underlying property without
separate documents of transfer.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That utility easement which is the subject of
Petition No. 400-292 for 1985, which is more particlarly
described below, be, and the same hereby is CLOSED and declared
no longer to be needed or available for use as an easement; and
the title to the City's interest thereon shall be reserved and
retained by Salt Lake City Corporation until conveyed under
separate documents of transfer upon satisfaction of the
conditions set forth in Section 2 hereof.
BEGINNING at a point which is 106. 75 feet South v
and 209. 00 feet East of the Northwest Corner of ;
Lot 4, Block 19, Plat "A" , Salt Lake City Survey; l � '
thence East 121.00 feet; thence South 34. 00 feet;
thence West 69.00 feet; thence South 45° West
15. 55 feet; thence South 148. 25 feet; thence West �03
30.00 feet ; thence North 148.25 feet ; thence North
45° West 15. 55 feet; thence North 34. 00 feet to
the point of BEGINNING.
DISCLAIMER. 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 and under or over the
confines of the above described property and also subject to the
rights of entry thereon for the purposes of maintaining , alter-
ing, repairing, removing or rerouting said utilities. Said
closure is 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
Petitioner satisfies the following conditions:
1. Pay to the City the sum of $100. 00 for the preparation
of a Quit Claim Deed providing for the transfer of the City' s
interest, if any, in the subject streets;
2. Pay to the City the fair market value for the above
-2-
described utility easement together with costs for appraising
said property;
3. Remove those street lights located within the above-
described property;
4. Execute a waiver of protest, in a form approved by the
City Attorney, waiving any future right of protest regarding
special improvement district assessments affecting said property;
and
5. Provide, in a manner approved by the Department of
Public Utilities, for the discontinuation of water and sewer
services provided by the City' s utilities located within such
easement.
SECTION 3. EFFECTIVE DATE. This Ordinance after the date
of its first publication shall not become effective until
recorded with the Recorder of Salt Lake County. However, the
Recorder of Salt Lake City is instructed not to record this
Ordinance until the Mayor verifies that the conditions subsequent
have been satisfied or provided for by executed agreement. Upon
verification or satisfaction the Mayor may instruct the Ordinance
to be recorded. However, if the foregoing conditions are not
completed within 12 months from the effective date of the
passage, this Ordinance shall be null , void and of no effect, and
no recording thereafter shall be allowed .
-3-
Passed by the City Council of Salt Lake City, this llth day
of June 19 85.
CHAIRMAN
ATTEST:
CITY M4CORDER
Transmitted to Mayor on June 11, 1985
Mayor's Action: June 11, 1985
f
OR
ATTEST:
J
ti
CT TY InORIDER-
ccll3 APPRIOYE'? AS TO !-OPM
Salt Lako �;:� J;§�arnay's
r/J I 1 s
Date _ _.....—---
(SEAL)
Bill 49 of 19.,...$.5,.._
Published: July 8, .1985
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Affidavit of Publication, ADM-35A
STATE OF UTAH,
ss.
County of Salt Lake
•��Y���>-- '.� ,s7�tYt:Atc>ii+Ct�v o'KwnfAl�ct: �, ..
Mo.49ef 1985 Cheryl Gierloff
CLOSIM "AKIN' ,
fSERLYINGUN
WA STRF�T ANQ COl FAUX AVENUE IN
SALT LAKE CITY,UTAH AND DISCLAIMING CITY S IN-
TEREST IF ANY IN SAID STREETS AND REQUIRING CER
TAINCOCityCoNS Being first duly sworn, deposes and says that he/she is
City Council of Snit Lake City Utah,finds,offer public
trwrttr- city iee no Interest In any' of R beria
aQuit legal advertising clerk of the DESERET NEWS, a daily
,Str A�ienue•twwlver petitioner has request a Quit
eop v�eY�rlp the Cily's Interest therein,
>` " t1lhadtnectiydaeehaldcerfa'n newspaper printed in the English language with general
u i said streets and thatthe atv s
psdescribed below,is no lager and
I"'msold
ol tn'o�r°mnbrell'� term[et'nease s,IIpp"�►i� Salt Lake Countycirculation in , in theState lof Utah. Salt Lake City,
the pnderiyirro property withal separate doeumoft t!ar�s-
W NOW THEREFORE,belt ordained by the City CouncW9f,
Suit Lake City,Uteh: That the legal notice of which a copy is attached hereto
SECTION 1.That utility easement which is they of
No.400.$92 for J985,which is mare pantku�de
b ,-ad the sane herer is a0 D and'.S#e Salt Lake Cit Ordinance
menb and the cWed no �to he°dcnyInterest theesreeoann�lleabe ......................................inance.No...49..of. 1985.....Closing
ed and retard Self Lake City CorperefintUnill eon
.,fie ed under separate moments of transfer upon satisfaction
!*OETNiHons set falh in"kh Is 06.75 f. of a utilit easement underl in Roberta Street
BEGINNINGat o point which Is 10675 feet South and .. .........................y.............................y... ............. ............
209.00 feet East of the Northwest Caner of Lot 4 Block
19,Plat"A',Satt Lake City Survey;thence East 121.00
#none South 34.00 feel-thence West 69.00 feet:
south es west 1s,55S�fleet tteace South 148 2� an Co ,,A'STenue.
thence WOO 3040`feehtheixe North 148.2steen ........................ ..................................................
thence North_t Is nttM BEGIN IN NG*Itmice North
1 Sal closure Is expressly made subjectto all
existing rights of way and easements of all public utilities of any .............................................................................................
ad�eevvery description now Wooled on and under or over the
carnfirnes of the above described property and also sublectto the
rights of entry thereon far the purposes of maintaining,attering,
epairi Ts .............................................................................................
any exiIsn o rights of way or easements of private mrsu ct
SECTION 2.CONDITIONS SUBSEQUENT.This Ordinance
afterpass : wllbepub" published was ublishedinsaidnewspaperon..................................
until P satisfies the following conditions.
1.Pay 10 the City the sum of S100.00 for the Preparation ofu
Quit in Deed pray TMI�the transfer of the C 's interest,
if 2 Pay to the City the fair market value for the drove de- ......�T u 7.�?..8.,..a g 8 J.......................... ............... ............... .....
Scribed Utility easementtogether with costs for appraising sal
3.Remove those street lights Wooled within the above-
i. ea a w'alver of,protest Ina farm approved by the ..............property? .............................
City Attorney,waiving any future right ofag:test regar�� Le Ad rtisin erk
special Improvement district assessments no sal g
arty,and
Provide,In a mannerp ort pproved by the Department of
Public Utilities for the diseorntinuaflon of water and sewer ser-
vices,providea by the City's utilities located within such ease-
ment.
SECTION 3.EFFECTIVE DATE-This Ordinance after the
date of Its first publication shall not become effective urrtil re-
corded with*a Recorder of Salt Lake Courdy.However the
Raoorder of Self Lake City is instructed not to record this 6 -
rnarce until the Mayor verifies that the conditions subsequent
have beenn ar pr ided for by executed agreement.
or adit=to be recorded.Flowasever,it fix
the May nstruct We
are rat completed within 12 months from the ve date of
the passage,this Ordnance shalt be nett,vold and of no effect Ore me this .................................................................... day of
no recardir
be
JunPasse bvCNyCauxlsIl of Sdfd Lake CNy,S FIRonne A.D. 19..85.....
the
June,1985. �
MAN
CHA
�� on Jgqne 11,1985
Mayors Aetim June 11,1985 I ;;; `G
Ted Wilson C
ATTEST: MAYOR
(� Notary Public
MO
BN149 1985
F 94 � Y,8,195
...........1a?rc .?>... g88................... �,
� A
t
STATE OF UTAH �
COUNTY OF SALT LAKE ss 4Z61SS7
Lynda Domino Chief Deputy , City Recorder of Salt Lake City, Utah,
do hereby certify that the attached is a full, true, and correct copy of Ordinance 49 from
1985 closing a utility easement underlying Roberta Street and Colfax Avenue.
.............................................................................................................
Said ordinance
........................................................................ ....4.. ',t:1. '....................
was duly approved and accepted by City Council/RxecmtimacAction of Salt 4 e City4Ut'atrM Ith..........
June
dayof . .................................... . A.D. 19 . . . . .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed'.the'corporate seal of Salt ke City, Utah,
this . 27th........... day of ...June................ ...... . A . 85 . .
Chief Depvl yCit Recorder of Salt Lake City, Utah
rn
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IV
P 8549
SALT LAKE CITY ORDINANCE
No. 49 of 1985
(Closing of a utility easement underlying
Roberta Street and Colfax Avenue
pursuant to Petition No. 400-292 of 1985 )
AN ORDINANCE CLOSING A UTILITY EASEMENT UNDERLYING ROBERTA
STREET AND COLFAX AVENUE IN SALT LAKE CITY, UTAH AND DISCLAIMING
THE CITY 'S INTEREST, IF ANY, IN SAID STREETS AND REQUIRING
CERTAIN CONDITIONS.
The City Council of Salt Lake City, Utah, finds, after
public hearing , that the City has no interest in any portion of
Roberta Street or Colfax Avenue; however, petitioner has
requested a Quit Claim Deed from the City conveying the City' s
interest therein, if any. The Council further finds that the
City does hold certain rights to an easement underlying said
streets and that the City' s interest in said utility easement,
described below, is no longer necessary for use by the public as
an easement and that closure of said easement will not be adverse
to the general public's interest nor will it relinquish or
terminate the City' s interest in the underlying property without
separate documents of transfer. o
0
NOW, THEREFORE, be it ordained by the City Council of Salt Qn
,I
CD
Lake City, Utah: J
SECTION 1 . That utility easement which is the subject of
Petition No. 400-292 for 1985, which is more particlarly W
described below, be, and the same hereby is CLOSED and declared
DS
no longer to be needed or available for use as an easement; and
the title to the City' s interest thereon shall be reserved and
retained by Salt Lake City Corporation until conveyed under
separate documents of transfer upon satisfaction of the
conditions set forth in Section 2 hereof.
BEGINNING at a point which is 106. 75 feet South ) v
1 and 209. 00 feet East of the Northwest Corner of
Lot 4, Block 19, Plat "A" , Salt Lake City Survey•
thence East 121 . 00 feet; thence South 34. 00 feet;
thence West 69. 00 feet ; thence South 45° West
15. 55 feet; thence South 148. 25 feet; thence West ��lg•25
p 30.00 feet ; thence North 148. 25 feet ; thence North
45° West 15. 55 feet; thence North 34. 00 feet to
the point of BEGINNING.
DISCLAIMER. Said closure is expressly made subject to all
Z5
existing rights of way and easements of all public utilities of
any and every description now located on and under or over the
confines of the above described property and also subject to the
rights of entry thereon for the purposes of maintaining , alter-
ing, repairing, removing or rerouting said utilities. Said
closure is 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 o
0
x
Petitioner satisfies the following conditions:
O
1. Pay to the City the sum of $100. 00 for the preparation
of a Quit Claim Deed providing for the transfer of the City' s
CG
interest, if any, in the subject streets;
2. Pay to the City the fair market value for the above
-2-
described utility easement together with costs for appraising
said property;
3. Remove those street lights located within the above-
described property;
4. Execute a waiver of protest, in a form approved by the
City Attorney, waiving any future right of protest regarding
special improvement district assessments affecting said property;
and
5. Provide, in a manner approved by the Department of
Public Utilities, for the discontinuation of water and sewer
services provided by the City' s utilities located within such
easement.
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 unt.il the Mayor verifies that the conditions subsequent
have been satisfied or provided for by executed agreement. Upon
verification or satisfaction the Mayor may instruct the Ordinance o
to be recorded. However, if the foregoing conditions are not
O
completed within 12 months from the effective date of the
passage, this Ordinance shall be null , void and of no effect, and C%D
no- recording thereafter shall be allowed .
i
-3-
• f . 4
Passed by the City Council of Salt Lake City, this llth day
of June 19 85.
CHAIRMAN
ATTEST:
CITY CORDER
Transmitted to Mayor on June 11, 1985
Mayor's Action: June 11, 1985
NOR
ATTEST:
C1 TY n01WER
o
ccll3 APPROVED AS TO FORMA
Salk LAO Ci� Aftorney's Office 0
Da4e --------_ �v
T
BH 9L1of 19_..,85CD
fl
Published: July 8, 1985
M o
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