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094 of 1982 - Closing of Eastern 148.5 Feet of Girard Ave at 530 North from 550-560 West P 82-289 =-"FILMED SALT LAKE CITY ORDINANCE Bill No. 94 1982 (Closure of eastern 146. 5 feet of Girard Avenue at 530 North from 550-560 West) AN ORDINANCE CLOSING THE EASTERN 148. 5 FOOT PORTION OF GIRARD AVENUE BETWEEN APPROXIMATELY 550-560 WEST AT 530 NORTH, BUT RESERVING UTILITY EASEMENTS AND RETAINING TITLE. WHEREAS, a request by General Distributing Company, known as Petition No . 262 of 1982 , requesting the vacation of the eastern 148. 5 feet ( from approximately 550-560 West) of Girard Avenue ( 530 North) which is surrounded by property owned by the Petitioner; and WHEREAS, the City finds, after public hearing, that this portion of Girard Avenue presently deadends into and is surrounded by the Petitioner 's property , and the area proposed for closure is not and will not be needed for the use of the public as a vehicular thoroughfare; that with the reservation of certain easements and conditions subsequent, the closure of said road will not be adverse to the general public 's interest, nor will it have an affect to relinquish or terminate the City interest in the underlying property, without separate documents of transfer; and WHEREAS, it is the City' s intention upon closure of said street to transfer to the Petitioner, under separate document, the underlying property interests of the City upon appropriate terms, including the reservation of appropriate easements, conditions subsequent, and payment of fair market value . NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City , Utah : SECTION 1 . STREET CLOSURE. That the eastern 148 .5 feet of Girard Avenue ( from approximately 550-560 West at approximately 530 North) where Girard Avenue east of 600 West Street presently deadends, more particularly described below, be and the same is hereby is closed and declared no longer to be available for use as a street, avenue, alley or pedestrianway, but title to the City 's interest therein shall be reserved and retained by Salt Lake City Corporation. Beginning at a point on the east line of Lot 3, Block 135, :Plat A, Salt Lake City Survey, said point being 49. 5 feet south, more or less, from the northeast corner of said Lot 3, and said point also being on the north line of Girard Avenue as it is presently recorded in the office of the City Engineer; thence west along the north line of Girard Avenue 148. 5 feet; thence south 33 feet, more or less, to the south line of Girard Avenue ; thence east along the south line of Girard Avenue 148. 5 feet, more or less, to the east line of said Lot 3 ; thence north along said line 33 feet, more or less, to the point of beginning . (Contains . 1125 acres ) . RESERVATIONS. Said closure is expressly made SUBJECT TO, all existing rights of ways and easements of all public utilities of any and every description now located on, in, under, or over the confines of the above described property, if any; and also SUBJECT TO the rights of entry thereon for the purpose of maintaining, altering, repairing, removing or rerouting said utilities and all of them. Said closure is SUBJECT TO any existing rights of ways or easements of private third parties. Said closure is also SUBJECT TO the above described reservation of the public 's interest in Girard Avenue being reserved to Salt Lake City Corporation. -2- SECTION 2. CONDITIONS SUBSEQUENT. This Ordinance, after passage, shall be published but shall not become effective until all conditions subsequent, which form a portion of the consideration for this action, have been satisfied. Such consideration shall include the requirement that any transfer documentation: 1 . Require that the expense of any rerouting or adjustment of existing utilities be borne by the Petitioner; 2. Require the Petitioner to be responsible for plugging the existing one inch private waterline within the portion of said street being closed; and 3. Payment of fair market value. 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 that she shall not proceed with such recording until the Mayor of Salt Lake City, based upon the recommendation of the City Attorney's office, and Public Utility Department, verify that the conditions subsequent have been satisfied or provided for by executed agreement. Upon verification and satisfaction, the Mayor may transfer the property and instruct the Ordinance to be recorded concurrently with the transfer documents. However, if the foregoing conditions are not completed within 12 months from the date of passage, this Ordinance shall be null , void, and of no effect, and no recording thereafter shall be allowed . Passed by the City Council of Salt Lake City, Utah -3- ^ this 9th day of Decendx�r 1982 . CHAIRMAN ATTEST: T!T�TY RECORDER Transmitted to the Mayor on December 16, 1982. Mayor 's Action: December 17, 1982 ATTEST: CITY RECOR09A / co85 (8 O A L) DILL 94 of 1082 Published: December 31, 1982 -4- STATE OF UTAH ' COUNTY OF SALT LAKE ss I Kathryn Marshall , . , , ,City Recorder of Salt Lake City, Utah, do hereby certify that the attached. . , Bill 94 of 1982, quit claim deed and agreement #R� . . . . . . . . . . . . . . . . . . . . . . . . . . . closing the eastern 148:5 feet of Girard Avenue at 530 North from 550-560 West. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was duly approved and accepted by City Council/Executive Action of Salt Lake,City, this . 9 th day of. . . . December. . . . . . . . . . . . . . . . . . . . A.D. 19. *. IN WITNESS WHEREOF, I have,hereunto set my hand and of htutl Vie cbrporate seal 0"akt Lake City, Utah, this. . . 13th. . . . . . . . .day of. . . . jl TljlarY. . . . . . . . . . . . 4i� . . . . . . . . . . . . . Re QW of�Salt Lake City, Utah w 0 0 sc P�J't My CrJ -c� Fri 1L1 CL . r SALT &E; CI'TY.OVDIMANCE Bill No. 9q 1982 (Clusuce of eastern 148.5 feet of Girard Avenue at 530 North from 550-560 West) AN ORDINANCE CLOSING THE EASTERN 148.5 FOOT PORTION OF GIRA ,D AVENUE BETWEEN APPROXIMATELY 550-560 WEST AT 530 NORTH, 1.IjT UTILITY EASEMENTS AND RETAINING TITLE. WURREAS, a request by General Dtstr.i.buting Company, known as Petition No. 262 of 1982, requesting the vacmtion of i_he eastern 148.5 feet (from approximately 550 -M Wes of Girard Avenue (530 North) which is Eurvounjed by hropecty owned by the roti.tionerf and WHEREAS, the City finds, after public hearing, that this portion of Girard Avenue presently deadends into and is ;urr.ounded by the Pet.itioner's property, and the area proposed For.closure is not and will not be needed for the use of the ,uhlic as a' vehicular thoroughfare; that with the reservation of certain easements and conditions subsequent, the closure of said goad will not be adverse to the general public's interest, nor vi.11 it have an affect to relinquish or terminate the City interest in the underlying property, without separate documents of transfer; and UNCREAS,, .it is the City's intention upon closure of said strwet to transfer to the Petitioner, under separate document, w the undorlying property interests of the City upon appropriate tens, Incl-jading the reservat.i.un of appropriate easements, 1.► conditions subsequent, and payni nt of fair market value. t, NOS?, TIBRE ORF, BE IT OO AIaHD by the City Council of Salt Ui CD 0 j T-"Ao :CiOY SEC.` fON 1 . STREET CLO,`,IIIPra. That the eastern 148 . 5 feet of Girard Avenue ( from approxim,,i`rly 550-560 West at approximately 3 0 6 0 0 N-e-s-t-.qtr-e-�.-.pnf-,sin t 1 Y ,leadends, more particularly described below, be and the same is hereby is closed and declaro� no longer to be available for use as a street, avenue, alley or' L)t.:destrianway, but title to the ci ty S interest therein shall he L:eserved and retained by Salt Lake city Ccrporation. Beginning .at a point on the east line of Lot 3, Rlock 135, 'Pla-t A ,A,e City -S-urvey, said p r more or less, from o in t I, -�ing 49. 5 ff-:,Ct SGIAtb , th,� northeast corner of ,,,.,; id Lot 3, iAnd said point n -h- 1-ine -of -Ci,-T-a-rd Avenue a-s- a Lao being on" the nor:i ' I City klc -- of 'the CJ it iF, presently r(-!(--o,.-, ,d in the the north line of P�,)-iylneer; thence wer;t. along Avenue 148. 5 feet; thence south- 33 feet, "no,-,,e, or less, to tl-ie south line -of Girard Avenue ; Llnence cast along the south line of Girard Avenue 1-48 . 5 feet, more or ,--o the east line of said Lot 3 ; thence nor nth -''IC ALA aid line 33 feet,, more or Ie a, to the point of beginning . (Contains- ,. . 1125 acres) . RE. C VATIONS. Said closure is expressly made SUBJECT TO, all existing rights of ways and easements of all public utilities of any al-A ,,very description tiow located on, in, u,,tJer, or over the oonj-`I<ics of the above le�-!cribrd property, if any; and also (, . SUBJECT TO the rights of entry thereon for the purpose of j,­,ai]'I'rajni.n(j, altering, removing or rerouting said util iti(.-,s .,yid all of HIOM. closure is SUBJECT TO any a of private third parties. C4 existi. rights of v;ays or ei�i, -f I" Said clr)si)ce is also ojjj,j,,'(­P TO the above described o= IM r at-ion t)f the public '-s LiLOr(,st in Girard Avenue being ,7 L reservt-d 10 Salt Lake city corporation. 4,- f"QO&P. WNDIT&PS non.VYUENT. whis Ordinance, after passage, nball be published but shall not become effective until all conditions subsequent, which form a portion of the . 1,111.3 actiorl'—lia—--been satisfied. Such consideration shall include the requirement that any transfer Jopumontation: b 1. Require that the expense of any rerouting or Prijustment of existing utilities be borne by the Petitioner; 2. Require the Petitioner to be responsible Wr plu,glug the existing one inch private waterline within the Uortion of Said street being closed; and 3. Payment of fair monket value. SECTION 3. EFFECTEVE DAW. This Ordinance, after the date of its first publication, shall not become effective until recorded with the RecoLder. of Salt Lake County. %wover the Recorder of Salt Lake City is instructed that she chall not proceed with such recording until the Mayor of Salt Lake City, based upon the recommendation of the City Attorney's office, and Public Utility Department, verify that the conditions cubgoqpont have Loon satisfied or ycovided n,r by executed aqro�wvnt. Unq verification and satisfaction, the Mayor may transfer the property and instruct the Ordinance to be recorded _concurrently with the LransCor documents. However, if the foregoing conditions are not completed within 12 months from the date of passage, thin Ordinance shall be null, void, and of no effect, QW a.0 no recording !hereafter :hall be allowed. Passed by the City Council of Salt Lake City, Utah to 13 CHAIRMTIN AIJ -' on December 16 1982. 1-,(A to the Mayo r J Decem 2ber 17$ 198 I,Iayc)r I B tNc L-ion: R, v�,;CORDER A L) BFTITI 94 of 1982 T)cct:,niber 31, 1982 WtJ M-3SA Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake SALT LAKE CITY ORDINANCE ..,,,,Debra Miller. ' EIII Ne.N IM ` (Chan.assNeRrob 1qb M'OIFaa�M�A. AN ORDINAL ,, AV 7W6gW��";�;�afRRa,NNp 1W.5 F00T PORTION OF G�RRARSDSpff,- TRESHR'YrNG UITIUTV Being first dui sworn,deposes and says that he is legal EASEM T8 NDRET IN R Ntl CB.REE.E766R'Y g Y P Y g k "�'' P gad Oemre Pilroa htevuatico mtn, advertising clerk of the DESERET NEWS, a daily asti -IS hom a I sag Wesf1 of Glrara I (eXce t Sunda A mo JNooern awned by P Y) newspaper printed in the English M it«er and, language with general circulation in Utah, and REA tindL, Mlblic IN6r11sa,that this rrl�of or a rinto� lIaro- published in Salt Lake City, Salt Lake County, in the doauro6not� ,- aW 1M Public as State Of Utah. vehltular aW N Ion..certain ease. menN a 1y�paq wq,d�aid road will not M soda 'raI 1 iM 111, r WIII it nave an after. 'reR -IeK m ry1y hat M ilea urldeny- Impro I1N'N M fdMhl;and That the legal notice of which a copy is attached hereto W la iM C 0 I�IOn CIOfUfe Of Said street to If, .Me Pa�N� , rah dowrmnt,the Dlpe lfb u l oroprlma firms, Inclltq IM:repryMi r df! a$ enter.<ondmona p ypV�, Pub. Ordinance Bill No. 94 of 1982 aMH.quan)t R ,ITI AINIED'by Ilse CltY Coun[II •.• ....................••........NUUWW h, .............. .... of 01.1 1' REEt 1;0$1(R;.Tj�ay ryi�gMera u5.5 het of telt, N i' mBlaly;3Cb)Noo'Iy. at West Street ymateltlY tD9 N ) e M e '6be Weft Street ... .... ............... ..... ..... ...... ... ..... ,M>8A c fl o IW evat end .. for vas N a as a rr la ,but title to the CIIYa I RIAII,' i..Y(al.. and retalned by Salt ........ ................................................................................................. Lake{I�� pBBee��dd I S of a pole .fast it.of Lot S,Block 1b5 1 A,Self'l..C `n aid polM M,o d9.5 Ieet au1h,mare or hu,Irain northeast<ormr.sold Lot 3;ant aW point also Mlno on Im aorlh Ilm ooff Girard ............................................................................................................... Gity E'a'rlgl it T?,IS 2 wNe t sloip°rya°p5n Mh Ilneldl clrero pvMue IaB.S pet;Mena fount 73 IM,more or lass,to the south Ilm of Glr rd Avof fe thence east along the ............................................................................................................... Moth Iln�of GIt to avenw IAS.�fast,more or lees,to iM ast Ilm of sash VOL iMme north along Yid Ilm 3J morelI or lesa,to tm po1M.Oeglnnin9.(Conrelna RE ERYy1ATIONS.Said Gloat.1s eaP-`Iv made SUBJECT was published in said newspaper on......................................... T0,dll'e%hithe rights of Weyyera and elements of all public Will- tlea of any and every dwrlPikM nga'located on,In,under,or aver NN<omims of the above described orapertv II env;and _....A.O.C....3�.,...�9$2........................ ale It I�g CT,TrI�ilea rblIdd M-I-MHan fir r{K purpose of ..................................................... mehlalMrp alrerino,reynalr♦na,romovlg or rerouting sold.Ill- tint end ell,.fMm.Sold closure Is SUBJECT TO any ealsting Ir1gM{�an.aas- USJpCuero Mlyd perms. se <lesyreIse.IwSUBJECTTotheaa eea<r,wareset. .................................................. :,SP.,GftL�.,... .?:- ?..:('.(ey............ vat the the pybllc4 I,Nrast in CImrd Avenue being reserved h "salt c"m mn. Legal Advertising Clerk S ON 2.C,NDITIONS SUBSEQUENT.This Ordinance, after taw Msll�Wpsewallemd but R1all mfpobecome ONecllve eldef6flo^bifMl5 ea<tbn,hewn NIINSattis Satisfied.ed.SWh wnYMrattion shall TrklpudUe tM reaWfamMt Ilb}any Irenahr documentation: ekisyyh R0.tly NHitr.t,fnfno:He Wpfeiiloenrarveutim or adluNmet of re me this...........2.0.th..............................................................day of 0aiftlqgWoanBflMiha oflval to ta sllmrwtlainlDNNaCoft,onaW sei0 atraev6Nno dead;and A.D. 19...83.. 7' them of lair market"Iw.' ahi h Nref WEDIICEefIgIIVDArT�E.bTeM<0a Decline—, °effective until rne- cor WIM tine Recorder M Self Mce Csunry.However Me Ra core'.Salt Lake CIryry Is Imm iMt NIe shsli not Orocesd WIM ash re<urding unf l the MWor Salt Laka City based upon itK r rtrndation of the City After Y office,end PUDIk Uti4 Ry rtment,verlfs.mat Me<orldl om subaaueM have been \ se I'll or re load for by aaecuhd sorsemenl.Upon over `y 1_., f Hone a at at Ion,Me May.may fromler the P, rt and i ..-.......::-..:........ ............`.........:....... ... ... Immu.tM rAhen<e to M recorded�pn<ver H wIM the Y ens- ter dobumeMs.Howevef,II iM forpOing<on°Ilion,are net<om. f Notary I'llbhC plat YAthin,7 monM6lrf the date of aaWoe,t�Ila Ordinance anal I1,void,orb of m INect,and m recard m thereafter least``"y IloWed. PBtsed bss••tire City Council of Salt Lake City.Utah this Hh mr.Dscamber,IN12. g,FONNESBECK or CHAIRMAN AT A KT yN AR ALL CITy1ECORDER TranItNd to Me Msy.on Dstember 16,1987. 'May s A.lon:Dacemmrl7,IM TED WILSON MAYOR ATT Ty:��M�,, - .. CII'7tDIRt.R ALL ...... YE BILL ab1902 N 1 OeMlnbef Slr NIO