068 of 2010 - closing and abandoning a portion of 800 West as a public street 0 10-1
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SALT LAKE CITY ORDINANCE
No. 68 of 2010
(Closing and abandoning a portion of 800 West as a public street)
An ordinance closing and abandoning a portion of 800 West Street from the alleyway
between Everett Avenue and 1500 North Street northward to 1500 North Street as a public street,
pursuant to Petition No. 400-06-50.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on September 26, 2007 to consider a request made by Utah Metal Works (Petition
No. 400-06-50) to close portions of City-owned right-of-way located at 800 West Street and
Everett Avenue and to declare same as surplus property; and
WHEREAS, at its September 26, 2007 hearing, the Planning Commission voted in favor
of forwarding a positive recommendation on portions of said petition to the Salt Lake City
Council ("City Council"),but expressed concerns regarding closing a portion of 800 West Street;
and
WHEREAS, the City Council held a public hearing on April 1, 2008 to consider the
aforementioned application of Utah Metal Works and the Planning Commission's input thereon,
and voted to close the portions of 800 West Street and Everett Avenue identified as "Phase 1"
and a portion of the proposal identified as "Phase 2(a)"; and
WHEREAS, the City Council voted at its April 1, 2008 meeting to continue the public
hearing on closing the portion of 800 West Street, referred to as "Phase 2(b)", to allow the
Applicant an opportunity to address concerns of a neighboring property owner; and
WHEREAS, the Applicant has addressed such concerns to the sati1ffcticg '; ,city ( 1101983J
04/1512011 08:31 AM $0. 00
Council; and Book — 9918 P — 273'3-2744
A '-' III. OTT
PECORDER, SALT L.PI(E C UNT'? UT:H
CITY RECORD;
Pr! BOX 145451
SALT LAKE CITY UT 84114
BY: %'}I tjEPure — 6 P.
WHEREAS, the Applicant has already submitted payment to the City for all property
identified in Petition No. 400-06-50; and
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the
City's interest in the portion of the street described below is not necessary for use by the public
as a street and that closure and abandonment of the portion of the street 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. Closing and Abandoning Street. A portion of 800 West Street from the
alleyway between Everett Avenue and 1500 North Street northward to 1500 North Street, which
is the part of Petition No. 400-06-50 known as "Phase 2(b)", and which is more particularly
described on Exhibit"A" attached hereto,hereby is, closed and abandoned and declared no
longer needed or available for use as a street.
SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 this 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. Said closure
and abandonment is also subject to any existing rights-of-way or easements of private third
parties.
SECTION 3. Conditions. These street closures are conditioned upon the following:
a. Confirmation by the City's Property Manager that the City has received payment
from the Applicant of fair market value of those portions of the street. Title to those portions of
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this portion of 800 West Street shall remain with the City until sale for fair market value, or the
receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58;
b. Confirmation by the City's Planning Director that the Applicant has complied
with the requirements of a development agreement entered into between Utah Metal Works and
the City, which development agreement was required by Ordinance 12 of 2008.
SECTION 4. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is
instructed not to publish or record this ordinance until the conditions identified above have been
met, as certified by the Salt Lake City Property Manager, and the Salt Lake City Planning
Director.
SECTION 5. Time. If the conditions identified above have not been met within one year
after adoption, this ordinance shall become null and void. The City Council may, for good cause
shown, by resolution, extend the time period for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah this 10th day of August
2010. E
-CHAIRPERS ON
A EST:
TY RECORD
Transmitted to Mayor on 8-11=2010
3
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Mayor's Action: 1 Approved. Vetoed.
MA O
APPROVED AS TO FORM
Salt Lake City Attorney's Office
\ CORDER Date. s1 r 20/0
rg C1;'} iw By,
,Lti /,!1, PoulC.Nielsoq,le tor City Attorney
N l�
(SEAL) A
FOR Ate'
Bill No. 68 of 2010.
Published:
1-IB_ATTI1- 13126-v2-Ordinance_closing_a_portion_of Everett_Avenue_-_UMW DOC
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EXHIBIT "A"
Phase 11(B)
From a point of Beginning at the Northeast corner of Lot 14. Block 4 of the
Empire Addition, thence East along the 1500 North Street Right of Way to the Northwest
corner of Lot 11. Block 5 of the Empire Addition, thence S 0 degrees 05' E 132 feet to
the midpoint of the vacated alley in Block 5 of the Empire Addition. thence West 66 feet
across the 800 West Street Right of Way to the midpoint of the alley in Block 4 of the
Empire Addition, thence N 0 degrees 05' W 132 feet to the Point of Beginning at the
Northeast corner of Lot 14, Block 4 of the Empire Addition.
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STATE OF UTAH,
City and County of Salt Lake,
I, Christine Meeker, City Recorder of Salt Lake City, Utah, do hereby certify that
the attached, Ordinance 68 of 2010, Closing and abandoning a protion of 800
West Street as a public street.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City, this 14th day of April, 2011.
..` 2' 4� y Recorder, Sat Lake ity, Utah
dGa b
A��a�ir!
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0 ATE
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0 10-1
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SALT LAKE CITY ORDINANCE
No. 68 of 2010
(Closing and abandoning a portion of 800 West as a public street)
An ordinance closing and abandoning a portion of 800 West Street from the alleyway
between Everett Avenue and 1500 North Street northward to 1500 North Street as a public street,
pursuant to Petition No. 400-06-50.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on September 26, 2007 to consider a request made by Utah Metal Works (Petition
No. 400-06-50) to close portions of City-owned right-of-way located at 800 West Street and
Everett Avenue and to declare same as surplus property; and
WHEREAS, at its September 26, 2007 hearing, the Planning Commission voted in favor
of forwarding a positive recommendation on portions of said petition to the Salt Lake City
Council ("City Council"), but expressed concerns regarding closing a portion of 800 West Street;
and
WHEREAS, the City Council held a public hearing on April 1, 2008 to consider the
aforementioned application of Utah Metal Works and the Planning Commission's input thereon,
and voted to close the portions of 800 West Street and Everett Avenue identified as "Phase 1"
and a portion of the proposal identified as "Phase 2(a)"; and
WHEREAS, the City Council voted at its April 1, 2008 meeting to continue the public
hearing on closing the portion of 800 West Street, referred to as "Phase 2(b)", to allow the
Applicant an opportunity to address concerns of a neighboring property owner; and
WHEREAS, the Applicant has addressed such concerns to the satisfaction of the City
Council; and
WHEREAS, the Applicant has already submitted payment to the City for all property
identified in Petition No. 400-06-50; and
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the
City's interest in the portion of the street described below is not necessary for use by the public
as a street and that closure and abandonment of the portion of the street 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. Closing and Abandoning Street. A portion of 800 West Street from the
alleyway between Everett Avenue and 1500 North Street northward to 1500 North Street, which
is the part of Petition No. 400-06-50 known as "Phase 2(b)", and which is more particularly
described on Exhibit "A" attached hereto, hereby is, closed and abandoned and declared no
longer needed or available for use as a street.
SECTION 2. Reservations and Disclaimers. The above closure and abandonment 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 this 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. Said closure
and abandonment is also subject to any existing rights-of-way or easements of private third
parties.
SECTION 3. Conditions. These street closures are conditioned upon the following:
a. Confirrnation by the City's Property Manager that the City has received payment
from the Applicant of fair market value of those portions of the street. Title to those portions of
2
•
this portion of 800 West Street shall remain with the City until sale for fair market value, or the
receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58;
b. Confirmation by the City's Planning Director that the Applicant has complied
with the requirements of a development agreement entered into between Utah Metal Works and
the City, which development agreement was required by Ordinance 12 of 2008.
SECTION 4. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is
instructed not to publish or record this ordinance until the conditions identified above have been
met, as certified by the Salt Lake City Property Manager, and the Salt Lake City Planning
Director.
SECTION 5. Time. If the conditions identified above have not been met within one year
after adoption, this ordinance shall become null and void. The City Council may, for good cause
shown, by resolution, extend the time period for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah this 10th day of August
2010.
AIRP SON
A EST:
TY R CORD
Transmitted to Mayor on 8-11=2010
3
Mayor's Action: ,( Approved. Vetoed.
//
i�lt�►
MA O
APPROVED AS TO FORM
Salt Lake City Attorney's Office
ECORDER Date:
�G CITY By:
P I C.Nielso e�for City Attorney
.y
1I
(SEAL)
a
Bill No. 68 of 2010.
Published: y- ,2-11
FIB ATTY-#13126-v2-Ordi nance_closing_a_portion_ofEverett_Avenue_-_UM W_.DOC
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EXHIBIT"A"
Phase 11(B)
From a point of Beginning at the Northeast corner of Lot 14,Block 4 of the
Empire Addition,thence East along the 1500 North Street Right of Way to the Northwest
corner of Lot 1 I,Block 5 of the Empire Addition,thence S 0 degrees 05'E 132 feet to
the midpoint of the vacated alley in Block 5 of the Empire Addition,thence West 66 feet
across the 800 West Street Right of Way to the midpoint of the alley in Block 4 of the
Empire Addition,thence N 0 degrees 05'W 132 feet to the Point of Beginning at the
Northeast corner of Lot 14.Block 4 of the Empire Addition.