059 of 2021 - Elm Avenue Alley VacationWHEREAS, 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
19th
October
59
Paul Nielson (Oct 21, 2021 09:09 MDT)
Amy Fowler (Oct 21, 2021 09:44 MDT)
Oct 21, 2021
Erin Mendenhall (Oct 24, 2021 13:38 MDT)
4
Cindy Trishman (Oct 26, 2021 16:02 MDT)
Cindy Trishman (Oct 26, 2021 16:08 MDT)
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.
Ordinance 59 of 2021 - Elm Avenue Alley
Vacation
Final Audit Report 2021-10-26
Created:2021-10-21
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAA7FBZrQa-5-M05zi7P_egLgLpbdG9rdRq
"Ordinance 59 of 2021 - Elm Avenue Alley Vacation" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2021-10-21 - 3:42:25 AM GMT
Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature
2021-10-21 - 3:44:18 AM GMT
Email viewed by Paul Nielson (paul.nielson@slcgov.com)
2021-10-21 - 3:09:27 PM GMT
Document e-signed by Paul Nielson (paul.nielson@slcgov.com)
Signature Date: 2021-10-21 - 3:09:33 PM GMT - Time Source: server
Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature
2021-10-21 - 3:09:35 PM GMT
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-10-21 - 3:44:18 PM GMT
Document e-signed by Amy Fowler (amy.fowler@slcgov.com)
Signature Date: 2021-10-21 - 3:44:29 PM GMT - Time Source: server
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2021-10-21 - 3:44:31 PM GMT
Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2021-10-21 - 10:52:48 PM GMT
Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
E-signature obtained using URL retrieved through the Adobe Sign API
Signature Date: 2021-10-24 - 7:38:06 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2021-10-24 - 7:38:08 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-10-26 - 10:02:33 PM GMT - Time Source: server
Agreement completed.
2021-10-26 - 10:02:33 PM GMT
Ordinance 59 of 2021 - Elm Avenue Alley
Vacation
Final Audit Report 2021-10-26
Created:2021-10-26
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAb715MUgTdDEKTdhLGkK3XrdLBR546z9R
"Ordinance 59 of 2021 - Elm Avenue Alley Vacation" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2021-10-26 - 10:04:07 PM GMT
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2021-10-26 - 10:04:45 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-10-26 - 10:08:15 PM GMT - Time Source: server
Agreement completed.
2021-10-26 - 10:08:15 PM GMT
AUGUST 11, 2023
MEMORANDUM
TO: Cindy Lou Trishman,
City Recorder
FROM: Nick Norris
Planning Director
SUBJECT: Ordinance certification
Notice is hereby given that the conditions identified in
Ordinance 60 of 2022 have now been satisfied and the City
Recorder is instructed to publish and record the ordinance with
the Salt Lake County Recorder.
Sincerely, //////ffff))
C
Nick Norris
Planning Director
' " V2-,
Eric Daems
SENIOR PLANNER
WHEN RECORDED, RETURN TO:
Salt Lake City Corporation
Attn: Planning Director
451 S. State Street, Suite 406
Salt Lake City, Utah 84111
14093040 8: 11412 P: 4038 Total Pages: 7
04,12/2023 63:22 PM By: csummers Fees: $0.00
Rashelle Hobbs Recorder, Salt Lake County, Utah
POtB % 145480 SALT LAKENCI11 ,,TUT 8411144INC DIRECTOR
mill hW1,11A KIM, 91146 IvrAul1011I III
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into by
and between SALT LAKE CITY CORPORATION, a political subdivision of the State of Utah
("City") and Marco and Melynda Geronimo ("Developers"). City and Developers may be
referred to herein collectively as "Parties."
RECITALS
A. Developers are the owner of approximately .79 acres of land located at 1330 South
700 West Street in Salt Lake City (the "Property"), which land is more particularly described on
the attached Exhibit "A" and incorporated herein by this reference.
B. Developers submitted an application to amend the zoning map with respect to the
Property to change the zoning from R-U7,000 Single -Family Residential District to CB
Community Business District (Petition No. PLNPCM2021-00257).
C. Developers intend to replace the existing single-family dwelling on the Property
with a mixed -use development.
D. The Salt Lake City Planning Commission heard this matter on December 15,
2021, at which the commission voted in favor of forwarding a positive recommendation on the
petition to the Salt Lake City Council.
E. In order to address concerns identified in Salt Lake City Code Chapter 18.97 when
zoning is changed from a district that allows only residential uses to one that would allow a
nonresidential use that would result in loss of housing units, the planning commission's positive
recommendation included a recommendation that the city council require the Developers enter
into a development agreement requiring Developers to construct at least one replacement
dwelling unit on the Property.
F. The Salt Lake City Council held a public hearing on this petition on September 6,
2022 and at its September 20, 2022 meeting voted to approve Ordinance 60 of 2022, which
approved Developers' petition to rezone the Property, subject to Developers entering into a
development agreement with the City to ensure replacement of the existing single-family
dwelling with at least one residential dwelling unit as part of the development of the Property.
This Agreement satisfies that the condition of that ordinance.
G. City, acting pursuant to its authority under the Municipal Land Use,
Development, and Management Act, Utah Code §§ 10-9a-101, -803, as amended, and in
furtherance of its land use policies, goals, objectives, ordinances, and regulations of Salt Lake
City, in the exercise of its legislative discretion, has elected to approve and enter into this
Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and in reliance on the foregoing recitals, City and Developer agree as follows:
1. Incornorations of Recitals. The Parties hereby incorporate the foregoing recitals
into this Agreement.
2. Obligations of the Parties.
a. Developers' Obligations: In the event that Developers cause the single-
family dwelling located on the Property to be demolished or no longer used as a
residential dwelling, Developers are hereby required construct at least one residential
dwelling unit as part of any future development of the Property. Developers shall not
obtain a building permit for a principal use on the Property that does not include at least
one residential dwelling unit and the City will not issue a certificate of occupancy for any
such principal use unless it includes at least one residential dwelling unit. As noted in
Paragraph 7 below, Developers shall record this Agreement against the Property with the
Salt Lake County Recorder and shall provide the Salt Lake City Recorder with proof that
the Agreement has been recorded.
b. City's Obligations: Following recording of this Agreement against the
Property, the City shall cause Ordinance of 2022 to be published within 14 days of
Developers providing proof to the City that the Agreement has been recorded. The City is
further obligated to issue all necessary permits and certificates of occupancy for
development of the Property that meet all requirements of law and satisfy Developers'
obligations under this Agreement.
3. Severability. If any term or provision of this Agreement, or the application of
any term or provision of this Agreement to a particular situation, is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this
Agreement, or the application of this Agreement to other situations, shall continue in full force
and effect unless amended or modified by mutual consent of the Parties.
4. Other Necessary Acts. Each Party shall execute and deliver to the other any
further instruments and documents as may be reasonably necessary to carry out the objectives
and intent of this Agreement.
5. Construction/Internretation. Developers have been informed that it is
customary to consult legal counsel in the preparation and negotiation of the terms of
development agreements. Developers have either done so or chosen not to. Should litigation
arise from any breach of this Agreement, the Parties agree that no presumption or rule that
ambiguities shall be construed against the drafting Party shall apply to the interpretation or
enforcement of this Agreement.
6. Other Miscellaneous Terms. The singular shall include the plural; the
masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive.
7. Covenants Runnin¢ with the Land. The provisions of this Agreement shall
constitute real covenants, contract and property rights, and equitable servitudes, which shall run
with the land subject to this Agreement. The burdens and benefits of this Agreement shall bind
and inure to the benefit of each of the Parties, and to their respective successors, heirs, assigns,
and transferees. Developers shall record this Agreement against the Property with the Salt Lake
County Recorder.
8. Term. This Agreement shall terminate upon the City's issuance of a certificate of
occupancy for development on the Property that includes at least one residential dwelling unit
after required inspections confirm that all requirements of law and this Agreement have been
met.
9. Waiver. No action taken by any Party shall be deemed to constitute a waiver of
compliance by such Party with respect to any representation, warranty, or condition contained in
this Agreement.
10. Remedies. Either Party may, in addition to any other rights or remedies, institute
an equitable action to cure, correct, or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the
obligations and rights of the Parties hereto, or to obtain any remedies consistent with the
foregoing and the purpose of this Agreement.
11. Utah Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Utah.
12. Covenant of Good Faith And Fair Dealing. Each Party shall use its best efforts
and take and employ all necessary actions in good faith consistent with this Agreement to ensure
that the rights secured by the other Party through this Agreement can be enjoyed.
13. No Third -Party Beneficiaries. This Agreement is between the City and
Developers. No other party shall be deemed a third -party beneficiary or have any rights under
this Agreement.
14. Force Maieure. No liability or breach of this Agreement shall result from delay
in performance or nonperformance caused, directly or indirectly, by circumstances beyond the
reasonable control of the Party affected ("Force Majeure"), including, but not limited to, fire,
extreme weather, terrorism, explosion, flood, war, power interruptions, the act of other
governmental bodies, accident, labor trouble or the shortage or inability to obtain material,
service, personnel, equipment or transportation, failure of performance by a common carrier,
failure of performance by a public utility, or vandalism.
15. Entire Agreement. Counternarts and Exhibit. Unless otherwise noted herein,
this Agreement is the final and exclusive understanding and agreement of the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to all or any
part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in
writing and signed by the appropriate authorities of City and Developers.
16. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY
OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES.
Developers represent that they have not: (1) provided an illegal gift or payoff to a City officer or
employee or former City officer or employee, or his or her relative or business entity; (2)
retained any person to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona
fide commercial selling agencies for the purpose of securing business; (3) knowingly breached
any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt
Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly
influence, a City officer or employee or former City officer or employee to breach any of the
ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City
Code.
17. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is
subject to the requirements of the Government Records Access and Management Act, Chapter 2,
Title 63G, Utah Code Annotated or its successor ("GRAMA"). All materials submitted by
Developers pursuant to this Agreement are subject to disclosure unless such materials are exempt
from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure
shall rest solely with Developers. Any materials for which Developers claim a privilege from
disclosure shall be submitted marked as "Business Confidential" and accompanied by a concise
statement of reasons supporting Developers' claim of business confidentiality. City will make
reasonable efforts to notify Developers of any requests made for disclosure of documents
submitted under a claim of business confidentiality. Developers may, at Developers' sole
expense, take any appropriate actions to prevent disclosure of such material. Developers
specifically waive any claims against City related to disclosure of any materials required by
GRAMA.
[Signature Page to Follow]
4
EFFECTIVE as of the-2 day ofy0� 2022.
CITY:
SALT LAKE CITY CORPORATION,
municipal corporation
En en enhall Jan 30,202310:38 MST))
APPROVED AS TO FORM:
Erin Mendenhall, Mayor
Salt Lake City Attorney's Office
Paulwel;on a n27,2e2J10.VM57)
01/27/2023
Paul Nielson, Senior City Attorney
RECORDED
ATTEST:
Salt La City Recorder's Office
FEB 0 9 2023
CITY RECORDER
City Recorder
Minutes &Records Clerk
4.,
STATE OF UTAH
:ss
COUNTY OF SALT LAKE )
This instrument was acknowledged before me this >,u"L ,
Mayor of Salt Lake City Corporation, a Utah municipal corporation.
�04 0
WI ESS my hand and official seal.
i L' 1 AWL
Notary Public
•DEMERCE ROBINSON
Notary Public • State of Utah
0-1�01'
Commission Number: 724108
My Commission Expires on
May 25, 2026
a Utah
01/30/2023
20 , by Erin Mendenhall,
STATE OF
COUNTY OF
DEVELOPERS:
L= �
Marco Geronimo
I - ��1/LUtI k�
4Melyn#aGeroni
m
TRACE 0 BILLINCSLEy
Notary Public
STATE OF UTAH
Commission M 718542
My Commission Expires
August 10, 2025
This instrument was acknowledged before me on the day of 0Gfober, 2022, by Marco
Geronimo and Melynda Geronimo, as individuals.
WM hand o ial seal.
({/ Notary Public
EXHIBIT "A"
Legal description of Developer's Property located at 1330 S 700 W:
Tax ID No. 15-11-480-027-0000
BEG AT SE COR OF LOT 1, MELLON SUB; S 119.2 FT; W 258 FT; N 119.2 FT; E 258 FT
TO BEG. ALSO ALL OF LOT 41, DOTSON SUB. 0.79 AC. 5933-1247 5808-0340 5122-1014
6183-1710 8363-6758 09676-9176