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063 of 1985 - Closing Two Easements - Located in Berkeley Industrial Park Subdivision - Petition No. 400-275 of 19 0 85-1 Q P 85-140 SALT LAKE CITY ORDINANCE No. 63 of 1985 (Closing two easements located in Berkeley Industrial Park Subdivision Salt Lake City, Utah, pursuant to Petition No. 400-275 of 1985 ) AN ORDINANCE CLOSING TWO EASEMENTS LOCATED IN BERKELEY INDUSTRIAL PARK SUBDIVISION IN SALT LAKE CITY, UTAH, AND REQUIRING CERTAIN CONDITIONS. The City Council of Salt Lake City, Utah, finds after public hearing that the City's interest in the public easements described below are no longer necessary for use by the public as easements and that closure of said easements with certain disclaimers will not be adverse to the general public ' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That those public easements which are the subject of Petition No. 400-275 of 1985, which are more particlarly described below, be, and the same hereby are CLOSED and declared no longer to be needed or available for use as public easements; and the title to the City' s interest thereon shall be reserved and retained by Salt Lake City Corporation, until conveyed pursuant to separate documents of transfer upon satisfaction of the conditions set forth in Section 2. 20-foot Non-exclusive Railroad Description Commencing at the northwest corner Lot 7 Berkeley Industrial Park No. 2 a subdivision of the NW 1/4 SW 1/4 d � ' Sec. 9 T. 1 S. , R. 1 W. , SLB&M, and running thence N 89*52133" E 535.47 to the northeast corner Lot 8; thence S 0*08110" E 20. 0 feet; thence S 89052133" W 535. 47 feet ; thence N 0*08110" E 20. 0 feet to the point of beginning . Utility Easement Commencing at a point in the West line of Lot 8, said Point being S 0*08110" E 20. 0 feet from the northwest JA corner Lot 8 Berkeley Industrial Park No. 2 a subdivision of the NW 1/4 SW 1/4 Sec. 9, T. 1 S. , R. 1 fNi.' W. , SLB&M, and running thence N 89°52 '33" E 199. 04 feet; ' thence S 0008 ' 10" E 275. 0 feet; thence S 89°52 '33" W 5. 0 feet; thence N 0008110" W 270. 0 feet; thence S 89052133" W 194.04 feet to the West line of Lot 8; thence N 0°08' 1 0" W 5. 0 feet to the point of beginning . DIS-CLAIMER. Said closure is expressly made subject to all existing rights of way and easements of all other 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 , altering , 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 pays to the City the fair market value of the above- described parcel of real property together with the cost of appraising the same. -2- 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 Petitioner advises the City Recorder, in writing, that the conditions subsequent have been completed and the Mayor verifies such completion or that they have been 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 twelve ( 12 ) months from the effective date of the passage, this Ordiance 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 6th day of August , 1985. CHAIRMAN ATTEST: CITY ORDER w� Transmitted to Mayor on August 14, 1985 Mayor's Action: August 14, 1985 -3- /J MAYOR ATTEST: l CITY 1 ORDER cm1 11 Niel Of 19 Am n*& August 2 1985 A,P;t.�!1`0 A, TO rO",Nl %3 Salt Lako Git/y A i•ol-y's Oftics Date —4— f/800� ! Affidavit of Publication ADM-35A STATE OF UTAH, SS. County of Salt Lake Cheryl Gierloff.................................... ...................... N a.: IAL N I�� D R I TAI CONDITIONS. n ,lic Being first duly sworn, deposes and says that he/she is '°of a with, ►;d1s. legal advertising clerk of the DESER,ET NEWS, a daily C Itcil of newspaper printed in the English language with general ^ ttwse Pulfif �" '� �Qterthe- circulation in Utah, and published in Salt Lake City, 1 beta Nb.400 T/Sof f t4h ar parHclar- arldtheadmdh ,eby COS�Dand Salt Lake Count in the State of Utah. fed f 4 i 4slsG�lit y� by Solt I CI�7 i uitti-Il`be -S. That the legal notice of which a copy is attached hereto fo�rth ' . 2. ,. :`? of•tN iHonsset 'in on '" exclusive Rai 1 '2RtheReal we( wIP ' if d y cdi�e i ete e7 to edil'gar s Salt Lake City Ordinance - No. 63 of 1985 N{ bB'10"E 21 feet�0„ e pairs bjin"in0..,.. < < ;a point` Iltq; 0lineof � ......... �.O.wS TIC. �T^ISM..@4�rS� t0xlGr�t..3X}.. � �a.E'y.zndustxa,al..... 0` 'T0` ,. Mn'1ha' S le if to ,Np 2d vt- ,, A W Park Subdivision 0 JO�n�1he ......... .. ....................................................... ro'o 110'.W 270 .5 the West line W l L Mid W 5.0 feet�e point of beginni� ` DISMAIMER.Sold closure is is bct to all ............................................................................................. existing rights of way and easements of If C utilities of any-q�every description now located _ under or over the conHiies of the above dd�essccrrabed pr and also sub to the rights of entry thereaifor the purposes of malntainlnnpp ............................................................................................. altering ,repairs removinngp or rerouting said uNIFHes.Snirf closure 9s subject anv existin0 rldMs of way or easements of Private )rd parties.., r. SE .1ION 2ii CO�NDITIONS SUE T.This Ordinance,• was published In said newspaper on.................................. offer sngll be Published but thai�itot beeortte eMective until Petitioner pays to the COY the#tliF°I rkist yalue of the' drove r Parcel of reai pr, with the cost ofappra Inpthesame.: 1°p°�?!�' AL1guSt..23.:..1985......................................................... ION 3 1 ECtly D IE,Tails ditli�wltee pffer the .........' ' SE Fp daft df�first publicaHo(t; pKnot be4ome effecf(�/0 umif re- corded wdh the Recorder y9t.soft l dce COurNy.-However the cRe orVdei of Salt LacB Clfji islnstrueted nbt fp,record this 6rdl- nonce until the Petltloner gtl4lses Is,City Recorder;in writing,' .............................................• ... . .......... the caMlt(ons.subseabent Havebeen completed and the Mayor verities such completion or that MIeV have been Provid- Lega A rtisirig- ; erk Lion,t eV,exeeutedaproe- lfpop veriflcdions or satisfac- tion,the Mayor may lnsf ttxyf Me'Or Mono,be recorded. However"ff the foregoing Wnd s are not completed with n,.b,_ twelve(1g)' s from the eM' ve date.of the Passage,thLn Ordinance Sha11 mbe null,vgid aid of no eff6E,,and m►recq�dinq�,. thered ter shall be'dllowed'' Passed by the City Council of Salt Lace City,this 6th day of August J"S. S.Fonnesbeck ATTEST:, CHAIRMAN CItYREC 5hdl, ... s.. ... ORDER 'Transmitted Tr s�to Mayor on Aup�st 14,193�5 Y ActioniAugust.l�,:1985: '\ a 'Po�mErf is. H °fore me this .................................12th............................ day of ATTEST: tine . Kathryn.�r shog ,:; '�ism 85 CITY RECORDS i A.D. 19.. (SEA IE 63 of tt185 �y ' SS-140)*'rK�ished:August 23,1"S r`).'4..... .."`.` ':................................................ Notary Public My Commission Expires March..1r..1988......................... yo- _ r