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SALT LAKE CITY ORDINANCE
No. 66 of 2004
(Closing and abandoning an alley located at approximately
2135 South between 1000 East and McClelland Street)
AN ORDINANCE CLOSING AND ABANDONING AN ALLEY LOCATED AT APPROXIMATELY 2135 SOUTH BETWEEN 1000 EAST AND MCCLELLAND STREET, PURSUANT TO PETITION NO. 400-03-35.
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. Closure and abandonment. The portion of the alley located at approximately 2135 South between 1000 East and McClellan Street, which is the subject of Petition No. 400-03-35, 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 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. The new catch basin and storm drain facility recently installed on the subject property shall be and must remain privately owned, operated and maintained by the property owner.
c. The owners of the adjacent properties shall provide alternate public access to the abutting properties.
d. Prior to the sale of the property, the applicant shall amend the Fairmont Springs Subdivision Plat, and obtain subdivision approval therefore, to reconfigure and incorporate the alley property into the adjacent parcels owned by the applicant.
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 conditions identified above have been met, as certified by the Salt Lake City property manager and the Salt Lake City Planning Director.
SECTION 5. Time. If the conditions identified above have not been met within one year from the date of this ordinance, this ordinance shall become null and void, and of no effect. The City Council may, by resolution, for good cause shown, extend the time period for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah, this 24th day of August, 2004.
Bill No. 66 of 2004.
Published: has conditions.