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SALT LAKE CITY ORDINANCE
No. 5 of 2003
(Closing and abandoning a portion of an alley
located between Kelsey Avenue and 1300 South
and between Main and Major streets)
AN ORDINANCE CLOSING AND ABANDONING A PORTION OF AN ALLEY LOCATED BETWEEN KELSEY AVENUE AND 1300 SOUTH AND BETWEEN MAIN AND MAJOR STREETS, PURSUANT TO PETITION NO. 400-02-026.
WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearings that the City’s interest in the portion of the alley described below is not necessary for use by the public as an alley and that closure and abandonment of this portion of the alley will not be adverse to the general public’s interest; and
WHEREAS, the title to the closed and abandoned portion of the alley 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. The portion of an alley located between Kelsey Street and 1300 South and Main Street and Major Street, which is the subject of Petition No. 400-02-026, and which is more particularly described on Exhibit A attached hereto, shall be and the same hereby is closed and abandoned and declared no longer to be needed or available for use as an alley.
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 alley closure and abandonment is conditioned upon the following:
a. Payment to the City of the fair market value of the alley, as previously agreed upon by the Petitioner, and title to the alley shall remain with the City until sale for fair market value, in accordance with Salt Lake City Code Chapter 2.58.
b. Future development of the property is subject to compliance with all relevant standards and ordinances.
c. The alley closure and abandonment is subject to the execution and recordation of a private right-of-way agreement for the full width of the alley between all property owners whose property requires continued access to the alley, as may be appropriate, if the property acquisitions presently contemplated are not realized.
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 condition 3(a) 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 4th day of March, 2003.
Bill No. 5 of 2003.
Published: has conditions.