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SALT LAKE CITY ORDINANCE
No. 14 of 2010
(Closing and vacating a portion of City-owned right-of-way)
An ordinance closing and vacating a portion of City-owned right-of-way adjacent to South Temple Street from 866 West South Temple to 858 West South Temple pursuant to Petition No. PLNPCM2009-01132.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on October 28, 2009 to consider a request made by Bill Coker on behalf of Four-Ten, LLC (Petition No. PLNPCM2009-01132) to close a portion of City-owned right-of-way approximately three to four feet wide and 107 feet long, totaling 484 square feet, adjacent to properties located at 866 West South Temple and 858 South Temple and to declare same as surplus property; and
WHEREAS, at its October 28, 2009 hearing, the Planning Commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council (“City Council”); and
WHEREAS, the City Council finds after public hearings that the City’s interest in the portion of the street described below is not necessary for use by the public as a street and that closing and vacating the portion of the City-owned right-of-way will not be adverse to the general public’s interest; and
WHEREAS, the title to the closed portion of the right-of-way shall remain with the City until sale for fair market value or its equivalent.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing and Vacating City-Owned Right-of-Way. A portion of City-owned right-of-way adjacent to South Temple Street at 866 West South Temple to 858 West South Temple, which is the subject of Petition No. PLNPCM2009-01132, and which is more particularly described on Exhibit “A” attached hereto, and the same hereby is, closed and vacated, and declared no longer needed or available for use as a public right-of-way.
SECTION 2. Reservations and Disclaimers. The above closure and vacation 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 vacation is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This street closure and vacation is conditioned upon the following:
a. Payment to the City of fair market value of those portions of the street, or its equivalent, and title to those portions of this 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. The applicant shall finalize the land acquisition with the Property Management Division.
c. The applicant shall process a Lot Line Adjustment through the Planning Division to appropriately consolidate his parcel with the surplus property.
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.
SECTION 5. Time. If the conditions identified above have not been met 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 9th day of March, 2010.
Bill No. 14 of 2010.
Published: has conditions.