079 of 2012 - Closing and abandoning an unimproved portion of Hot Springs Road, etc. 0 12-1
P 12-17
SALT LAKE CITY ORDINANCE
No. 79 of 2012
(Closing and abandoning an unimproved portion of Hot Springs Road as a public right of way
and closing and abandoning an adjacent unimproved alley as a public right of way)
An ordinance closing and abandoning an unimproved portion of Hot Springs Road as a
public right of way between Duluth Avenue and 1500 North, and closing and abandoning and
adjacent unimproved alley at approximately 758 West 1500 North pursuant to Petition No. 400-
08-08. (PLNPCM2008-00294)
WHEREAS, Hot Springs Road is a public right of way,which is approximately eighty-
six (86) feet wide between Duluth Avenue and 1500 North; and
WHEREAS, an approximately thirty (30) foot wide section of that right of way between
Duluth Avenue and 1500 North is paved and the remaining portion of the right of way, which is
adjacent to the petitioner's property, is unpaved; and
WHEREAS, the petitioner has requested that the City abandon and sell to petitioner a
portion of the right of way as depicted on the document attached hereto as Exhibit A; and
WHEREAS, the petitioner has also requested that the City abandon and sell to petitioner
an unimproved alley immediately adjacent to petitioner's property as is also depicted on Exhibit
A attached hereto; and
WHEREAS, the City's Transportation Division determined that if the City were to
abandon a portion of the right of way as requested by the petitioner, the remaining portion of
right of way would meet City standards if that roadway were widened in the future; and
WHEREAS, the City's Planning Commission at a public hearing held on July 9, 2008
voted in favor of forwarding a positive recommendation on the petition to the City Council; 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 and alley described below such not necessary for use by
the public as streets and that closure and abandonment of same will not be adverse to the general
public's interest; and
WHEREAS, the title to the closed portion of the street shall remain with the City until
sale for fair market value or its equivalent.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing and Abandoning Street. An unimproved portion of Hot Springs
Road, a public right of way between Duluth Avenue and 1500 North, which is the subject of
Petition No. 400-08-08, 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,
which shall result in a narrowing of that portion of Hot Springs Road from approximately eighty-
six (86) feet to sixty (60) feet. The abandonment and sale of the subject portion of Hot Springs
Road shall not cause the width of said public right of way to be less than sixty (60) feet wide at
any point between Duluth Avenue and 1500 North.
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. This street closure is conditioned upon the following:
a. Payment to the City of fair market value of those portions of the street, or its
equivalent, and title to those portions of this street shall remain with the City until sale for fair
2
market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter
2.58;
b. That a public drainage easement be retained over the portion of the right of way
proposed to be closed, and that such easement be recorded concurrent with the sale of the
property; and
c. That upon finalizing the purchase of the property, the applicant shall erect a fence
around the perimeter of its property.
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.
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 13th day of
November , 2012. _
disorAl
MOVIrakci"
CHAIRPERSbN
ATT .a0(e2/04.-e(
C Y RECORDER
3
Transmitted to Mayor on Gi-Z, .
Mayor's Action: ) Approved. Vetoed.
MAYI ' y
..c•*- . : CITY REC ER
+I � . . 3�a APPROVED AS TO FORM
` i a.4,€ , Salt Lake City Attorney's Office
ste ;.s. • c�b�.;-" s cp
Date: �s4 l a7 71, 2Ol 7i
Yv�iy� .. A By: ' �f� --
"�+ Pa.I C.Niel W or City Attorney
Bill No. 79 of 2012.
Published: .
HB_ATTY-#5408-v3-Ordinance_closing_ajortion_of Hot_Springs_Road.DOC
4
Attachment A
Legal Description for narrowing Hot Springs Road:
Part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 1 North, Range 1
East, Salt Lake Base and Meridian, in Empire Addition:
A 25 foot strip east of Block 6 of Empire Addition in Salt Lake City, more particularly described
as beginning on the South line of Duluth Avenue at the Northeast corner of Lot 19, Block 6 in
Empire Addition and running South 89°53'O1" East 34.76 feet; thence South 43°53'40" East
368.51 feet; thence North 89°51'17" West 34.78 feet to the Southeast corner of Lot 1, said Block
6 and the North line of 1500 North Street; thence North 43°53'40" West 368.49 feet to the
Northeast corner of said Lot 19 and the point of beginning.
Contains 9,213.14 sq. ft. or 0.21 acres.
Legal Description for the alley closure:
Beginning at the Southwest corner of Lot 18, Block 6 of the Empire Addition, located at the
Southeast Quarter of the Southeast Quarter of Section 23, Township 1 North, Range 1 East, Salt
Lake Base and Meridian and running south 14 feet; thence east 195.92 feet; thence
approximately North 43°53'40" West 19.47 feet; thence west 182.41 feet to the point of
beginning.
Contains 2,648.2 sq. ft. or 0.06 acres.
Parcels Affected:
08-23-477-015
08-23-477-016
CINDI L.MANSELL ""1 `�t `r Y/ CEO RAlim RALPH BECKER
' -RE *DER
MAYOR
City Recorder
64; 3 6
115!2
3
�'2I_i;: 04:29 PM $0= 00
Book41. P ` 6-6891
CERTIFICATION GARY R I OTT
RECORDER, SALT LAKE COUNTY, UTAH
SL CITY RECORDER
PO BOX 145455
SALT LAKE CITY UT 84114
STATE OF UTAH, BY: LMI-L r.:EPUTy - lfir 6 F.
City and County of Salt Lake
I, Cindi Mansell, City Recorder of Salt Lake City, Utah, do hereby certify that this
document is a full, true, and correct copy of Ordinance 79 of 2012 closing and
abandoning an unimproved portion of Hot Springs Road as a public right of way
between Duluth Avenue and 1500 North, and closing and abandoning an adjacent
unimproved alley at approximately 758 West 1500 North pursuant to Petition No. 400-
08-08 (PLNPCM2008-00294).
Passed by City Council action of Salt Lake City, Utah on November 13, 2012.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
said City, this 23rd day of May, 2013.
/ _
.74:(,‘ *47
f;v G� '+,+ Cindi Mansell
#.4, �s,', City Recorder, Salt Lake City, Utah
41111.
vob
p�CRATtiS�
LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:801.535.7671 FAX:801-535-7681
CINDI L.MANSELL -►-� 1 We Gat C� n Iio„ I RALPH BECKER
C,YRECORDER MAYOR
City Recorder
MEMO
May 23, 2013
Gary Ott, Salt Lake County Recorder
Salt Lake County Recorder
Room N1600, Government Center
2001 South State St.
Salt Lake City, UT 84115
Dear Mr. Ott:
Please waive the fee and record the attached Ordinance 79 of 2012 closing and abandoning an
unimproved portion of Hot Springs Road as a public right of way between Duluth Avenue and 1500
North, and closing and abandoning an adjacent unimproved alley at approximately 758 West 1500
North.
- (0'.- 1
("1"116(9-
Cindi Mansell
Salt Lake City Recorder
,2- c-i -
C.,, w - O i to
1- p-w (DIw W Vs
I— z o 00 o Q. M
D = c 1-0 CO1L cc C0 0 � �--- c
ooL1 �- ooa � o I
� c� :to (flco o � EJ. 0. ca
Cr) O C..J , _ U ti
Lu Cr V }- l J (n d. W ,_
0.
S
Y �- f-- jr, a) w = v W =
Q ,-, Li rJ)07 ^ o O w
-) U CD Y_ LU - O OUCV U CDZO
..f (Y J1. 7N nQU jCOO ..CC Z
V O - /) O -i U J h- Q
O =o t •- - CJ
CY O CV ¢
O CO . c� 1 ••
W 0 L c
O '
C:
LL O
LOCATION: 451 SOUTH STATE STREET,ROOM 415,SALT LAKE CITY,UTAH 84111
MAILING ADDRESS: PO BOX 145515,SALT LAKE CITY,UTAH 84114-5515
TELEPHONE:801-535-7671 FAX:801-535-7681
SALT LAKE CITY ORDINANCE
No. 79 of 2012
(Closing and abandoning an unimproved portion of Hot Springs Road as a public right of way
and closing and abandoning an adjacent unimproved alley as a public right of way)
An ordinance closing and abandoning an unimproved portion of Hot Springs Road as a
public right of way between Duluth Avenue and 1500 North, and closing and abandoning and
adjacent unimproved alley at approximately 758 West 1500 North pursuant to Petition No. 400-
08-08. (PLNPCM2008-00294)
WHEREAS, Hot Springs Road is a public right of way,which is approximately eighty-
six (86) feet wide between Duluth Avenue and 1500 North; and
WHEREAS, an approximately thirty (30)foot wide section of that right of way between
Duluth Avenue and 1500 North is paved and the remaining portion of the right of way, which is
adjacent to the petitioner's property, is unpaved; and
WHEREAS,the petitioner has requested that the City abandon and sell to petitioner a
portion of the right of way as depicted on the document attached hereto as Exhibit A; and
WHEREAS,the petitioner has also requested that the City abandon and sell to petitioner
an unimproved alley immediately adjacent to petitioner's property as is also depicted on Exhibit
A attached hereto; and
WHEREAS, the City's Transportation Division determined that if the City were to
abandon a portion of the right of way as requested by the petitioner, the remaining portion of
right of way would meet City standards if that roadway were widened in the future; and
WHEREAS, the City's Planning Commission at a public hearing held on July 9,2008
voted in favor of forwarding a positive recommendation on the petition to the City Council; 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 and alley described below such not necessary for use by
the public as streets and that closure and abandonment of same will not be adverse to the general
public's interest; and
WHEREAS, the title to the closed portion of the street shall remain with the City until
sale for fair market value or its equivalent.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing and Abandoning Street. An unimproved portion of Hot Springs
Road, a public right of way between Duluth Avenue and 1500 North, which is the subject of
Petition No. 400-08-08, 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,
which shall result in a narrowing of that portion of Hot Springs Road from approximately eighty-
six (86) feet to sixty (60) feet. The abandonment and sale of the subject portion of Hot Springs
Road shall not cause the width of said public right of way to be less than sixty (60) feet wide at
any point between Duluth Avenue and 1500 North.
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. This street closure is conditioned upon the following:
a. Payment to the City of fair market value of those portions of the street, or its
equivalent, and title to those portions of this street shall remain with the City until sale for fair
2
market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter
2.58;
b. That a public drainage easement be retained over the portion of the right of way
proposed to be closed, and that such easement be recorded concurrent with the sale of the
property; and
c. That upon finalizing the purchase of the property, the applicant shall erect a fence
around the perimeter of its property.
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.
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 13th day of
November , 2012.
{CHAIRPERSbN
ATT
.71,-;64/015 .,
C Y RECORDER
3
•
Transmitted to Mayor on Gl Z'ZO(-i .
Mayor's Action: ) Approved. Vetoed.
MAY
i
.0*i-' ... . : CITY REC ER
Olp
j14j.
1 APPROVED AS TO FORM
-Of Af I Salt Lake City Attorney's Office
.� �04,1\A Ai Date: t t►:L.+..7 2-7 26
`GRAY By: NM* -
i`Miu Pa I C.Niel a or City Attorney
Bill No. 79 of 2012.
Published: April 29, 2013.
HB_ATTY-#5408-v3-Ordinance_closing_a portion_of Hot_Springs_Road.DOC
4
Attachment A
Legal Description for narrowing Hot Springs Road:
Part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 1 North, Range 1
West, Salt Lake Base and Meridian, in Empire Addition:
A 25 foot strip east of Block 6 of Empire Addition in Salt Lake City, more particularly described
as beginning on the South line of Duluth Avenue at the Northeast corner of Lot 19, Block 6 in
Empire Addition and running South 89°53'01" East 34.76 feet; thence South 43°53'40" East
368.51 feet; thence North 89°51'17" West 34.78 feet to the Southeast corner of Lot 1, said Block
6 and the North line of 1500 North Street; thence North 43°53'40" West 368.49 feet to the
Northeast corner of said Lot 19 and the point of beginning.
Contains 9,213.14 sq. ft. or 0.21 acres.
Legal Description for the alley closure:
Beginning at the Southwest corner of Lot 18, Block 6 of the Empire Addition, located at the
Southeast Quarter of the Southeast Quarter of Section 23, Township 1 North, Range 1 West, Salt
Lake Base and Meridian and running south 14 feet; thence east 195.92 feet; thence
approximately North 43°53'40" West 19.47 feet; thence west 182.41 feet to the point of
beginning.
Contains 2,648.2 sq. ft. or 0.06 acres.
Parcels Affected:
08-23-477-015
08-23-477-016