Proposed Ordinance - 9/10/2021SALT LAKE CITY ORDINANCE
No. ________ of 2021
(Vacating a portion of city-owned alley situated adjacent to properties located at 968 East Elm
Avenue, 974 East Elm Avenue, 980 East Elm Avenue, and 2188 South 1000 East Street)
An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties
located at 968 East Elm Avenue, 974 East Elm Avenue, 980 East Elm Avenue, and 2188 South
1000 East Street, pursuant to Petition No. PLNPCM2020-00999.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 10,
2021 to consider a request made by Jonas and Danielle Sappington (“Applicants”) (Petition No.
PLNPCM2020-00999) to vacate a portion of an unnamed, city-owned alley adjacent to
properties located at 968 East Elm Avenue, 974 East Elm Avenue, 980 East Elm Avenue, and
2188 South 1000 East Street on behalf of four property owners whose land abuts the portion of
alley proposed to be vacated; and
WHEREAS, two accessory structures have been placed or erected in the subject portion
of alley without authorization by Salt Lake City Corporation; and
WHEREAS, the subject portion of alley is situated within the Fairmount Springs
Addition subdivision; and
WHEREAS, pursuant to Utah Code Subsection 72-5-105(2), when a public right-of-way
is vacated by a local governmental entity with the authority to do so, ownership of the vacated
right-of-way vests in the abutting property owners, with each receiving half of the width of the
former right-of-way; and
WHEREAS, the unauthorized structures placed or erected within the subject portion of
alley are situated on the centerline of the alley; and
WHEREAS, at its March 10, 2021 hearing, the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on Applicants’ petition to
vacate the portion of alley described herein; and
WHEREAS, following a public hearing on this matter, the city council finds that the
city’s interest in the portion of city-owned alley described herein is not presently necessary for
use by the public and that vacating a portion of that unnamed, city-owned alley will not be
adverse to the general public’s interest; and
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating City-Owned Alley. That a portion of an unnamed, city-owned
alley adjacent to properties located at 968 East Elm Avenue, 974 East Elm Avenue, 980 East
Elm Avenue, and 2188 South 1000 East Street, which is the subject of Petition No.
PLNPCM2020-00999, and which is more particularly described on Exhibit “A” attached hereto,
is hereby vacated and declared not presently necessary or available for public use.
SECTION 2. Reservations and Disclaimers. The above vacation 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 vacation is also
subject to any existing rights-of-way or easements of private third parties. This ordinance does
not authorize any structure(s) that may have been placed or erected in the portion of alley
described herein and does not provide an exception to applicable regulations regarding any
such structures. Additionally, this ordinance does not affect the distribution of vacated
right of way as established in Utah Code Subsection 72-5-105(2).
SECTION 3. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021
Published: ______________.
Ordinance vacating alley adjacent to Elm Ave
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
June 28, 2021
EXHIBIT “A”
Legal description of the unnamed, city-owned
alley to be vacated:
A portion of a 16’ wide public alleyway that is to be vacated. Said alleyway is located in Block
2, Fairmount Springs Addition, as recorded in Book ‘F’, Page 88 in the Salt Lake County
Recorder’s office. Said alleyway vacation described to wit:
Beginning at the Northeast Corner of Lot 13, Block 2, said Fairmount Springs Addition, and
running thence along the north line of said Lot 13 and it’s extension N89°40’W 152.5 feet;
thence N8°32’50”W 16.19 feet to the Southwest Corner of Lot 7, Block 2, said subdivision;
thence S89°40’E 155 feet to the Southeast Corner of Lot 12, Block 2, said subdivision; thence
S00°20’W 16 feet to the point of beginning.