Ordinance 14 of 2005

 

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SALT LAKE CITY ORDINANCE

No. 14 of 2005

(Closing and abandoning portions of California Avenue, Washington Street, and the alley between 1300 South and California Avenue)

 

      AN ORDINANCE CLOSING AND ABANDONING A PORTION OF CALIFORNIA AVENUE BETWEEN 300 WEST AND THE UTA TRAX RIGHT-OF-WAY AT 200 WEST, WASHINGTON STREET BETWEEN CALIFORNIA AVENUE AND 1400 SOUTH, AND THE ALLEY LOCATED BETWEEN 1300 SOUTH AND CALIFORNIA AVENUE (ADJACENT TO AND WEST OF THE UTA TRAX RIGHT OF WAY AT 200 WEST), PURSUANT TO PETITION NO. 400-04-49.

      WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City’s interest in the portion of the streets and alley described below is not necessary for use by the public as a street and/or an alley and that closure and abandonment of the portion of the streets and alley will not be adverse to the general public’s interest; and

      WHEREAS, the title to the closed and portion of the street shall remain with the City until sale for fair market value.

      NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

      SECTION 1.  A portion of a street located at California Avenue between 300 West and the UTA TRAX right-of-way at 200 West, a portion of street located at Washington Street between California Avenue and 1400 South, and a portion of alley located between 1300 South and California Avenue (adjacent to and West of the UTA TRAX right-of-way at 200 West), which are the subject of Petition No. 400-04-49, and which are more particularly described below, be, and the same hereby are, closed and abandoned and declared no longer needed or available for use as a street and/or an alley.

      The portion of street located at California Avenue between 300 West and the UTA TRAX right-of-way at 200 West is more particularly described on Exhibit “A” attached hereto.

      The portion of street located at Washington Street between California Avenue and 1400 South is more particularly described on Exhibit “B” attached hereto.

      The portion of alley located between 1300 South and California Avenue (adjacent and West of the UTA TRAX right-of-way at 200 West) is more particularly described on Exhibit “C” attached hereto.

      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 and alley closure and abandonment is subject to the following conditions:

a.    Payment by petitioner, to the City, of fair market value of that portion of the streets and alley.

b.    Title to the streets and alley shall remain with the City until sale for fair market value, or the receipt of the equivalent value, in accordance with Salt Lake City Code Chapter 2.58.

c.    Execution of a “Conveyance Agreement,” the terms of which are acceptable to the City.

      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 condition identified above has been met, as certified by the Salt Lake City property manager.

      Passed by the City Council of Salt Lake City, Utah this 19th day of April, 2005.     

Bill No. 14 of 2005.

Published: has conditions.