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SALT LAKE CITY ORDINANCE
No. 29 of 2000
(Amending Ordinance No. 28 of 1999 Closing a Portion of Main Street
Between North Temple and South Temple Streets
to Clarify Intent, Purpose or Action)
AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 28 OF 1999 WHICH CLOSED A PORTION OF MAIN STREET BETWEEN NORTH TEMPLE AND SOUTH TEMPLE STREETS.
WHEREAS, in December 1998, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints filed Petition No. 400-98-79 with the City requesting the closure and sale of a portion of Main Street between North Temple and South Temple Streets; and
WHEREAS, after several public hearings, the Salt Lake City Planning Commission recommended approval of the Petition, subject to certain enumerated conditions; and
WHEREAS, prior to the public hearing before the City Council on that Petition, the City Council reviewed and requested modifications to the proposed ordinance and the reservation of easement which was to be included in the deed transferring title to the property; and
WHEREAS, on April 13, 1999, after a public hearing, the City Council adopted Ordinance No. 28 of 1999, closing a portion of Main Street between North Temple and South Temple Streets, subject to the City Council’s modified conditions and consistent with the reservation of easement which had previously been presented to and reviewed by the City Council; and
WHEREAS, following the enactment of that ordinance, on or about April 27, 1999, the Mayor of Salt Lake City executed and recorded a Special Warranty Deed transferring fee title to the closed portion of Main Street to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, subject to certain easement rights reserved by the City, the language of which was consistent with the reservation of easement previously presented to and reviewed by the City Council; and
WHEREAS, the City has received payment equal to or exceeding the fair market value of the property conveyed; and
WHEREAS, lawsuits have now been filed in State and Federal Courts challenging the ordinance enacted by the City Council, the Special Warranty Deed executed by the Mayor and the constitutionality of the terms of the reservation of easements; and
WHEREAS, the claims asserted in the pending litigation question: (a) the intent and purpose of the City Council in adopting Ordinance No. 28 of 1999; and (b) the City Council’s knowledge of the terms of the reservation of easements related to that one-block portion of Main Street as contained in the Special Warranty Deed; and
WHEREAS, the City Council finds that it is desirable to clarify any ambiguity regarding: (a) the meaning and intent of the conditions imposed in Ordinance No. 28 of 1999 closing a portion of Main Street; and (b) the Council’s knowledge of the terms and conditions in the reservation of easements as contained in the Special Warranty Deed, in order to avoid the delay, cost and controversy related to continued litigation over these issues;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Intent and Purpose. The purpose of this ordinance is to affirm, ratify and clarify the meaning and intent of Ordinance No. 28 of 1999 and the City Council’s knowledge of the language and terms of the reservation of easements contained in the Special Warranty Deed executed by the Mayor.
SECTION 2. Amendment. Section 3 of Ordinance No. 28 of 1999 shall be and hereby is amended to read as follows:
Conditions. The closure of the one-block portion of Main Street between North Temple and South Temple Streets is conditioned upon the following:
a. Payment to the City of the fair market value of the closed portion of the street, or its equivalent, and title to this closed portion of the street shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and
b. Compliance with the fourteen (14) conditions identified in the Modified Summary of Conditions attached as Exhibit “B”.
The remainder of Ordinance No. 28 of 1999 remains in full force and effect.
SECTION 3. Reservation of Easements. Upon satisfaction of the conditions identified in Section 2 above, the Mayor was authorized to execute a Special Warranty Deed containing a reservation of easements consistent with the “Reservation of Easement” previously presented to and reviewed by the City Council, a true and correct copy of which is attached to this ordinance as Exhibit “A”. It was and is the intent of the City Council that the right of public access to and use of the property included in the Special Warranty Deed would be subject to and limited by the reservation of easements contained in said Deed.
SECTION 4. Satisfaction of Conditions. The City Council acknowledges that the conditions identified in Section 2 above have been satisfied. A true and correct copy of the Modified Summary of Conditions is also attached to this ordinance as Exhibit “B”.
SECTION 5. Execution of Deed. The City Council also acknowledges that the Special Warranty Deed executed by the Mayor, a true and correct copy of which is attached to this ordinance as Exhibit “C”, was consistent with the “Reservation of Easement” previously reviewed by the Council.
SECTION 6. Effective Date. This ordinance shall become effective on the date of its first publication, but shall relate back to and be effective as of the effective date of Ordinance No. 28 of 1999.
Passed by the City Council of Salt Lake City, Utah, this 16th day of May, 2000.
Bill No. 29 of 2000.
Published: June 6, 2000.