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SALT LAKE CITY ORDINANCE
No. 5 of 2008
(Vacating portions of three city streets adjacent to the City Creek Center, with conditions and sunset provision)
AN ORDINANCE VACATING PORTIONS OF THE FOLLOWING THREE CITY STREETS ADJACENT TO THE NEW CITY CREEK CENTER, PURSUANT TO PETITION NO. 400-06-38:
1. West Temple Street between South Temple and 100 South
2. South Temple Street between Main Street and State Street; and
3. 100 South between Main Street and State Street.
WHEREAS, the City Council of Salt Lake City, Utah finds after public hearings that:
A. The City owns the above-referenced three city streets in fee simple absolute.
B. This ordinance relates only to those specified portions, and only to the extent specifically indicated herein, of such streets which are more particularly described below and in the attached exhibits. The City otherwise retains all portions of said streets located on all sides of the partial street vacations described herein.
C. It is in the public interest to vacate the use by the general public of the specified portions of such streets because:
1. Such portions are no longer necessary for the use by the general public as streets;
2. Partial street vacations have been requested in order to enhance pedestrian and vehicle access to the new City Creek Center;
3. The enhanced pedestrian and vehicle access accomplished through these partial street vacations is in the best interest of the public;
4. Such partial street vacations will not be adverse to the general public's interest; and
5. Such partial street vacations are subject to the reservations, disclaimers, limitations and other conditions as set out below.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A portion of West Temple Street, between South Temple and 100 South, which is more particularly described on Exhibit A attached hereto, shall be, and the same hereby is, vacated, to the extent described in Exhibit A, and declared to be no longer needed or available for use as a public street by the general public. This partial street closure is for the purpose of accommodating the construction of an expanded vehicle access ramp in West Temple Street.
SECTION 2. A portion of South Temple Street, between Main Street and State Street, which is more particularly described on Exhibit B-1 attached hereto, shall be, and the same hereby is, vacated, to the extent described in Exhibit B-1 and declared to be no longer needed or available for use as a public street by the general public. This partial street closure will accommodate the construction of a new parking access ramp in South Temple Street. Exhibit B-2 describes property located within the South Temple right of way which was previously transferred by the City. Exhibit B-2 is attached hereto for illustrative purposes only.
SECTION 3. A portion of 100 South Street, between Main Street and State Street, which is more particularly described on Exhibit C attached hereto, shall be, and the same hereby is, vacated, to the extent described in Exhibit C, and declared to be no longer needed or available for use as a public street by the general public. This partial street closure will accommodate the expansion of an existing parking access ramp in 100 South.
SECTION 4. Reservations and Disclaimers. The above partial street vacations are 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 these properties, 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 partial street closures are also subject to any existing rights of way or easements of private third parties.
SECTION 5. Conveyance of Title. Conveyance of title from the City for the vacated portions of the above-referenced partial street vacations shall be by separate Special Warranty Deeds from the City confirming the transfer of title (including the easements referenced) as indicated in the Exhibits attached hereto.
SECTION 6. Conditions. This ordinance and the resulting transfer are hereby expressly conditioned upon the following:
a. Payment to the City of the fair market value of the vacated portions of these three streets, and title to those portions of these streets 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
b. All existing public and private utility infrastructure shall be maintained in accordance with a plan approved and accepted by the City's Public Utilities Department; and
c. All above-grade level structures should be minimized and any visual obstructions to pedestrian and pedestrian crossings should be minimized in accordance with a plan approved and accepted by the Salt Lake City Planning Director.
SECTION 7. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake City Recorder. The City Recorder is instructed not to publish or record this ordinance until all conditions identified above have been met, as certified by the Salt Lake Public Utilities Department, the Salt Lake City Property Manager, and the Salt Lake City Planning Director.
SECTION 8. Sunset Provision. If the payment required as a condition above has not been made within one year after adoption, or the plans required as conditions above have not been approved within one year after adoption, this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah this 19th day of February, 2008.
Bill No. 5 of 2008.
Published: has conditions.
EXHIBIT "A"
PORTION OF WEST TEMPLE STREET BETWEEN SOUTH TEMPLE AND 100 SOUTH TO BE VACATED FOR CITY CREEK CENTER PROPOSED WEST TEMPLE STREET PARKING ACCESS RAMP
The portions of West Temple Street between South Temple and 100 South to be vacated by Section 1 of this Ordinance are depicted in the legal descriptions and diagram attached hereto and consist of a non-exclusive access easement as to the property identified as parcel 1, and fee title to the property identified as parcel 2.
EXHIBIT "B-1"
PORTION OF SOUTH TEMPLE STREET BETWEEN MAIN STREET AND STATE STREET TO BE VACATED FOR CITY CREEK CENTER PROPOSED SOUTH TEMPLE STREET PARKING ACCESS RAMP
The portions of South Temple Street between Main Street and State Street to be vacated by Section 2 of this Ordinance are depicted in the legal descriptions and diagram attached hereto and consist of a non-exclusive access easement as to the property identified as parcel 1, and fee title to the property identified as parcel 2.
EXHIBIT "C"
PORTION OF 100 SOUTH STREET BETWEEN MAIN STREET AND STATE STREET TO BE VACATED FOR CITY CREEK CENTER PROPOSED EXPANSION OF EXISTING PARKING ACCESS RAMP
The portions of 100 South Street between Main Street and State Street to be vacated by Section 3 of this Ordinance are depicted in the legal descriptions and diagram attached hereto and consist of a non-exclusive access easement as to the property identified as parcel 1, and fee title to the property identified as parcel 2.