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049 of 1989 - Closing Portions of Ashton, Stringham & Simpson Ave 01, i_. .- -D.I Yd_9N SPATE OFUTAH, ) C1-Y F Filic.2.., )} ss. nit Et: �� � r • rfF�,.�„ City and County of Salt Lake, I Lynda Domino Chief Deputy City Recorder of Salt Lake City,Utah,do hereby certify that the attached document is a full,true and correct copy of.ordinance 49 of 1989,,,,,,,,, closing portions of Ashton. Strinyham,and,Simpsop,jlvepppg.apd, O ................. ..,........ associated alleyways,between,i300,East,ap�I,liigh.�s�ps�.l�Fi:'e.ApFSYc�pt..tP.............................. 400- ...........Petition.....73?.9f,I98p.....................I........................... . ..................................................................................... .................................................................................... passed by City Council/FNMtttW@r Action of Salt Lake City,Utah,..-gvgust.6............... 19.19a9 as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of add City, this. ,-:; .22na.......................day of....49v V.........................1969.. (�, e '•�i •• •• Chief Deputy ,Clty ReCOYdeY yJ� rubliahea„ JUL 251990 ...... 19.... t;• YC rj1 ^J c:) w O 89-1 • P 89-177 SALT LAKE CITY ORDINANCE No. 49 of 1989 (Closing portions of Ashton, Stringham and Simpson Avenues and associated alleyways between 1300 East and Highland Drive pursuant to Petition No. 400-732-89 ) AN ORDINANCE CLOSING PORTIONS OF ASHTON, STRINGHAM AND SIMPSON AVENUES AND ASSOCIATED ALLEYWAYS BETWEEN 1300 EAST AND HIGHLAND DRIVE PURSUANT TO PETITION NO. 400-732-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City's interest in the public streets and alleyways described below is not necessary for use by the public as streets and alleyways and that closure of said streets and alleyways will not be adverse to the general public' s interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That portions of Ashton, Stringham and Simpson Avenues and associated alleyways between 1300 East and Highland Drive, which are the subject of Petition No. 400-732-89 and which _are more particularly_described below, be, _and the same hereby are, CLOSED and declared no longer to be needed or available for use as public streets and alleyways, with the title remaining with the City until subsequent sale for market value or other co adequate consideration: ;PN Cn Said streets and alleyways are more particularly described Co as follows: -73 G7) W PARCEL "A" BEGINNING AT A POINT THAT IS S. 89056 ' 42"W. 168 .090 FEET, AND NORTH N. 00012'04"E. 33 .00 FEET FROM A MONUMENT AT THE INTERSECTION OF 1300 EAST AND ASHTON ( AVENUE; THENCE SOUTH 89056142"WEST 16 .00 FEET; THENCE NORTH 00012104"EAST 130.08 FEET; THENCE NORTH 37025 ' 43"WEST 8 . 189 FEET; THENCE SOUTH 89°56132"WEST 733 . 00 FEET; THENCE SOUTH 42003134"WEST 8. 767 FEET; THENCE SOUTH 00012' 04"WEST 130. 049 FEET; THENCE SOUTH (� 89056 ' 42"WEST 16 . 00 FEET, THENCE NORTH 00012104"EAST 71 .527 FEET; THENCE NORTH 89056137"EAST 8.00 FEET; _ �L1 THENCE NORTH 00012 ' 04"EAST 73.029 FEET; THENCE NORTH 89056 ' 32"EAST 1 .85 FEET; THENCE NORTH 00012104"EAST 8 . 003 FEET; THENCE NORTH 89056132"EAST 745 .00 FEET; THENCE NORTH 37038 ' 18"EAST 8.225 FEET; THENCE NORTH C 00012 ' 04"EAST 130 . 08 FEET TO THE SOUTH LINE OF STRINGHAM AVENUE; THENCE NORTH 89°5612211EAST 16 .00 Zj' — FEET; THENCE SOUTH 00012104"WEST 278. 189 FEET TO THE POINT OF BEGINNING. CONTAINS 18, 363 .4 SQUARE FEET ` EQUAL TO 0 .4216 ACRES. PARCEL "B" BEGINNING AT A POINT THAT IS SOUTH 89055 ' 48"WEST +' 165 .454 FEET AND SOUTH 00011144"WEST 33. 00 FEET FROM A MONUMENT AT THE INTERSECTION OF 1300 EAST AND SIMPSON AVENUE; THENCE SOUTH 00011144"WEST 152.489 FEET; `t THENCE SOUTH 89056105"WEST 956.80 FEET; THENCE NORTH 00011144"EAST 152 .409 FEET TO THE SOUTH LINE OF SIMPSON AVENUE; THENCE NORTH 89055148"EAST 16 .00 FEET; _a THENCE SOUTH 00011 ' 44"WEST 129.99 FEET; THENCE SOUTH 36036 ' 52"EAST 8. 011 FEET; THENCE NORTH 89°56105"EAST �•�- _ : 915 . 00 FEET; THENCE NORTH 37°36157"EAST 8. 228 FEET; S THENCE NORTH 00011144"EAST 129.99 FEET; THENCE NORTH 89055 ' 48"EAST 16 . 00 FEET TO THE POINT OF BEGINNING. CONTAINS 19,693. 0 SQUARE FEET EQUAL TO 0 . 452 ACRES. PARCEL "C" (SIMPSON AVENUE) BEGINNING AT THE WEST LINE OF 1300 EAST STREET, SAID POINT IS S.89055 ' 48"W. 28. 954 FEET FROM A MONUMENT AT n THE INTERSECTION OF SIMPSON AVENUE AND 1300 EAST STREET; THENCE N.00°11146"E. 32.00 FEET TO THE NORTH LINE OF SIMPSON AVENUE; THENCE S.89°55148"W. 1274 . 610 �1 FEET TO THE EAST LINE OF HIGHLAND DRIVE; THENCE �•�•�S S. 20005 ' 15"E. 69 . 177 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF SIMPSON AVENUE; THENCE N.89°55148"E. 1250. 629 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE N.00011' 46"E. 33.00 FEET TO THE POINT OF C.i3 r BEGINNING. CONTAINS 1 . 884 ACRES. co `-7� G, t�> -2- PARCEL "D" (STRINGHAM AVENUE) BEGINNING AT THE WEST LINE OF 1300 EAST STREET, SAID POINT IS S.89056 ' 22"W. 30. 273 FEET FROM A MONUMENT AT THE INTERSECTION OF STRINGHAM AVENUE AND 1300 EAST STREET; THENCE N. 00111146"E. 33. 00 FEET TO THE NORTH LINE OF STRINGHAM AVENUE; THENCE S. 89°5612211W. 927 . 996 f, FEET TO THE EAST LINE OF THE BOND PROPERTY; THENCE S. 00003138"E. 33 .00 FEET TO THE CENTER OF STRINGHAM >, AVENUE; THENCE N. 89056122"E. 24 .354 FEET; THENCE Z '� G- S. 00003 ' 38"E. 33 . 00 FEET TO THE SOUTH LINE OF `T STRINGHAM AVENUE AND THE EAST LINE OF KEY BANK PROPERTY; THENCE N. 89°56122"E. 903. 347 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE N.00011146"E. 33 .00 FEET TO THE POINT OF BEGINNING. CONTAINS 1.387 ACRES. PARCEL "E" (ASHTON AVENUE) BEGINNING AT A POINT THAT IS N.89056142"W. 31 .59 FEET FROM A MONUMENT AT THE INTERSECTION OF ASHTON AVENUE AND 1300 EAST STREET, SAID POINT IS ON THE WEST LINE OF 1300 EAST; THENCE N.00°12104"E. 33.00 FEET TO THE NORTH LINE OF ASHTON AVENUE; THENCE S.89°56142"W. �- 1012 . 951 FEET TO THE EAST LINE OF HIGHLAND DRIVE; S�-3 THENCE S. 20005 ' 15"E. 70.250 FEET ALONG SAID LINE TO THE SOUTH LINE OF ASHTON AVENUE; THENCE ALONG SAID SOUTH LINE N.89056142"E. 567 . 554 TO UDOT'S HIGHWAY RIGHT-OF-WAY LINE AND NO ACCESS LINE AS SHOWN ON R/W SHEET NO. 12, PROJECT NO. I-80-3(4)120; THENCE N. 79002137"E. 111 . 041 FEET THRU TWO UDOT R/W MARKERS TO A LINE 12 FEET SOUTH AND PARALLEL TO THE CENTERLINE OF ASHTON AVENUE; THENCE N.89056142"E. 312 . 094 FEET ALONG SAID LINE TO THE WEST LINE OF 1300 EAST STREET; THENCE N. 00012' 04"E. 12.00 FEET TO THE POINT OF BEGINNING. CONTAINS 1 . 34 ACRES. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above enclosure_ 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 property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer Cz facilities, and all of them. Said closure is also SUBJECT TO any CO existing rights-of-way or easements of private third parties. CD W Q0 -3- C_%) SECTION 3 . EFFECTIVE DATE AND CONDITIONS. This ordinance shall not become effective until recorded and the Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor certifies that the following conditions have been met: 1 . Ashton Avenue, Stringham Avenue and the associated alleyways, properties D, E and A above, shall be closed and sold only after all residential occupancy abutting on the closed streets and alleyways has ended. 2 . Simpson Avenue and the associated alleyways, properties C and B above, shall be closed: a. Only after all residential occupancy abutting the streets and alleyways has ended; and b. The commercial planned unit development is approved by the City; and c. A building permit for the Shopko project has been issued. If the foregoing conditions have not been completed within one year from the date of passage of this Ordinance, the time may be extended for an additional year by certification from the Mayor. If the conditions have not been met by the expiration of one year or any extension, this Ordinance shall be null, void and of no effect and shall not be recorded. Passed by the City Council of Salt Lake C' , Utah, this sth day of August , 19 89. ' Cn c.0 co CHA ER • C-o -4- ATTEST: C T RDER ansmitted to the Mayor on August 8, 1989 Mayor' s action: 818189 Approved Vetoed. MAYOR ATTEST* ClR 7 D R (SEAL) BILL NO. 49 OF 19 89 Published: 51990 Cl 00 -5- Ul ROQER F CUTLER : �y��-�� �/R j�j � ASSISTANT ATTORNEYS Or.AnOft*V RAY L. MONTGOMERY STEVEN W ALLAEO LAW DEPARTMENT GREG R. HAWKINS 060VTY CITY 411011NEY LARRY V. SPENDLOVE CITY AND COUNTY BUILDING BRUCE R. BAIRD CNERVL D LUKE 451 SOUTH STATE STREET. ROOM 505 FRANK M. NAKAMURA CITY Pn015CCZTON SALT LAKE CITY. UTAH 841 11 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST MARSHA ATKIN MEMORANDUM J TO: LYNDA DOMINO FROM: BRUCE BAIRD DATE: JULY 16, 1990 RE: ORDINANCES NO. 49 AND 50 SUGAR HOUSE SHOPKO PROJECT Pursuant to our discussions please publish the appropriate summaries of Ordinance Number 49 of 1989 closing various streets and alleys in the Sugar House Project area. Please note in your summary that the conditions for the closure of Simpson Avenue have not yet been met. Please also publish Ordinance Number 50 rezoning the property. If you have any questions, please call . BRB:ap <C ,-.e�� f 1 �n c.,,r O 89-1 P 89-177 SALT LAKE CITY ORDINANCE No. 49 .— of 1989 (Closing portions of Ashton, Stringham and Simpson Avenues and associated alleyways between 1300 East and Highland Drive pursuant to Petition No. 400-732-89 ) AN ORDINANCE CLOSING PORTIONS OF ASHTON, STRINGHAM AND SIMPSON AVENUES AND ASSOCIATED ALLEYWAYS BETWEEN 1300 EAST AND HIGHLAND DRIVE PURSUANT TO PETITION NO. 400-732-89 . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public streets and alleyways described below is not necessary for use by the public as streets and alleyways and that closure of said streets and alleyways will not be adverse to the general public' s interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That portions of Ashton, Stringham and Simpson Avenues and associated alleyways between 1300 East and Highland Drive, which are the subject of Petition No. 400-732-89 and which are more particularly described below, be, and the same hereby are, CLOSED and declared no longer to be needed or available for use as public streets and alleyways, with the title remaining with the City until subsequent sale for market value or other adequate consideration: Said streets and alleyways are more particularly described as follows: SECTION 3 . EFFECTIVE DATE AND CONDITIONS. This ordinance shall not become effective until recorded and the Salt Lake City Recorder is instructed not to record this Ordinance until the Mayor certifies that the following conditions have been met: 1 . Ashton Avenue, Stringham Avenue and the associated alleyways, properties D, E and A above, shall be closed and sold only after all residential occupancy abutting on the closed streets and alleyways has ended. 2 . Simpson Avenue and the associated alleyways, properties C and B above, shall be closed: a. Only after all residential occupancy abutting the streets and alleyways has ended; and b. The commercial planned unit development is approved by the City; and c. A building permit for the Shopko project has been issued. If the foregoing conditions have not been completed within one year from the date of passage of this Ordinance, the time may be extended for an additional year by certification from the Mayor. If the conditions have not been met by the expiration of one year or any extension, this Ordinance shall be null, void and of no effect and shall not be recorded. Passed by the City Council of Salt Lake Ci Utah, this 8th day of August , 19 89. CHA ER -4- PARCEL "A" BEGINNING AT A POINT THAT IS S. 89056142"W. 168 . 090 FEET, AND NORTH N. 00012104"E. 33 . 00 FEET FROM A MONUMENT AT THE INTERSECTION OF 1300 EAST AND ASHTON AVENUE; THENCE SOUTH 89°56142"WEST 16 .00 FEET; THENCE NORTH 00012104"EAST 130 . 08 FEET; THENCE NORTH 37025 ' 43"WEST 8. 189 FEET; THENCE SOUTH 89056132"WEST 733 . 00 FEET; THENCE SOUTH 42003134"WEST 8. 767 FEET; THENCE SOUTH 00012104"WEST 130. 049 FEET; THENCE SOUTH 89056142"WEST 16 . 00 FEET, THENCE NORTH 00012104"EAST 71 .527 FEET; THENCE NORTH 89°56137"EAST 8 . 00 FEET; THENCE NORTH 00012104"EAST 73 . 029 FEET; THENCE NORTH 89056132"EAST 1 . 85 FEET; THENCE NORTH 00012104"EAST 8 . 003 FEET; THENCE NORTH 89056132"EAST 745 . 00 FEET; THENCE NORTH 37038 ' 18"EAST 8 . 225 FEET; THENCE NORTH 00012104"EAST 130 . 08 FEET TO THE SOUTH LINE OF STRINGHAM AVENUE; THENCE NORTH 89°56122"EAST 16 . 00 FEET; THENCE SOUTH 00012104"WEST 278 . 189 FEET TO THE POINT OF BEGINNING. CONTAINS 18,363 .4 SQUARE FEET EQUAL TO 0.4216 ACRES. PARCEL "B" BEGINNING AT A POINT THAT IS SOUTH 89055 ' 48"WEST 165 . 454 FEET AND SOUTH 00011 ' 44"WEST 33 . 00 FEET FROM A MONUMENT AT THE INTERSECTION OF 1300 EAST AND SIMPSON AVENUE; THENCE SOUTH 00°11144"WEST 152.489 FEET; THENCE SOUTH 89056 ' 05"WEST 956 .80 FEET; THENCE NORTH 00011144"EAST 152 .409 FEET TO THE SOUTH LINE OF (�sv,w SIMPSON AVENUE; THENCE NORTH 89055148"EAST 16 .00 FEET; THENCE SOUTH 00011 ' 44"WEST 129 . 99 FEET; THENCE SOUTH ff`i 36036 '52"EAST 8 . 011 FEET; THENCE NORTH 89056105"EAST -�- 915 . 00 FEET; THENCE NORTH 37036157"EAST 8 . 228 FEET; THENCE NORTH 00011 ' 44"EAST 129 . 99 FEET; THENCE NORTH 89055 ' 48"EAST 16 . 00 FEET TO THE POINT OF BEGINNING. CONTAINS 19, 693 . 0 SQUARE FEET EQUAL TO 0 .452 ACRES. PARCEL "C" (SIMPSON AVENUE) BEGINNING AT THE WEST LINE OF 1300 EAST STREET, SAID POINT IS 5. 89055 ' 48"W. 28 . 954 FEET FROM A MONUMENT AT THE INTERSECTION OF SIMPSON AVENUE AND 1300 EAST STREET; THENCE N. 00011146"E. 32 . 00 FEET TO THE NORTH ��' LINE OF SIMPSON AVENUE; THENCE S. 8915514811W. 1274 . 610 FEET TO THE EAST LINE OF HIGHLAND DRIVE; THENCE -`�- � 5 . 20005 ' 15"E. 69 . 177 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF SIMPSON AVENUE; THENCE N. 8905514811E. 1250 . 629 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE N. 00011 ' 46"E. 33. 00 FEET TO THE POINT OF BEGINNING. CONTAINS 1 . 884 ACRES. —2— PARCEL "D" (STRINGHAM AVENUE) BEGINNING AT THE WEST LINE OF 1300 EAST STREET, SAID POINT IS S. 89056 ' 22"W. 30 . 273 FEET FROM A MONUMENT AT THE INTERSECTION OF STRINGHAM AVENUE AND 1300 EAST STREET; THENCE N.00°11 ' 46"E. 33 .00 FEET TO THE NORTH LINE OF STRINGHAM AVENUE; THENCE S.89°56122"W. 927 . 996 FEET TO THE EAST LINE OF THE BOND PROPERTY; THENCE S .00003 ' 38"E. 33 . 00 FEET TO THE CENTER OF STRINGHAM AVENUE; THENCE N. 89156122"E. 24 . 354 FEET; THENCE �.� S . 00003 ' 38"E. 33 . 00 FEET TO THE SOUTH LINE OF STRINGHAM AVENUE AND THE EAST LINE OF KEY BANK PROPERTY; THENCE N. 89156122"E. 903 . 347 FEET TO THE WEST LINE OF 1300 EAST STREET; THENCE N. 00°11146"E. 33. 00 FEET TO THE POINT OF BEGINNING. CONTAINS 1 . 387 ACRES. PARCEL "E" (ASHTON AVENUE) BEGINNING AT A POINT THAT IS N.89056142"W. 31 .59 FEET FROM A MONUMENT AT THE INTERSECTION OF ASHTON AVENUE AND 1300 EAST STREET, SAID POINT IS ON THE WEST LINE OF 1300 EAST; THENCE N. 00112104"E. 33 .00 FEET TO THE � NORTH LINE OF ASHTON AVENUE; THENCE S . 89°56142"W. 1012 . 951 FEET TO THE EAST LINE OF HIGHLAND DRIVE; THENCE S. 20005 ' 15"E. 70 . 250 FEET ALONG SAID LINE TO THE SOUTH LINE OF ASHTON AVENUE; THENCE ALONG SAID SOUTH LINE N. 8905642"E. 567 .554 TO UDOT'S HIGHWAY RIGHT-OF-WAY LINE AND NO ACCESS LINE AS SHOWN ON R/W SHEET NO. 12, PROJECT NO. I-80-3(4 )120; THENCE N. 79002137"E. 111 . 041 FEET THRU TWO UDOT R/W MARKERS TO A LINE 12 FEET SOUTH AND PARALLEL TO THE CENTERLINE OF ASHTON AVENUE; THENCE N. 8905614211E. 312 . 094 FEET ALONG SAID LINE TO THE WEST LINE OF 1300 EAST STREET; THENCE N.00012 ' 04"E. 12 . 00 FEET TO THE POINT OF BEGINNING. CONTAINS 1 . 34 ACRES. SECTION 2 . RESERVATIONS AND DISCLAIMERS. The above enclosure 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 property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said closure is also SUBJECT TO any existing rights-of-way or easements of private third parties . -3- ATTEST: C T RDER 7ansmitted to the Mayor on August 8, 1989 , Mayor' s action: 818189 Approved Vetoed. MAYOR ATTEST* C "RRDYR"— (SEAL) BILL NO. 49 OF 19 89 Published: r -5-