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SALT LAKE CITY ORDINANCE
No. 15 of 2019
(Partial street vacation of Hillside Avenue adjacent to
property located at 239 North East Capitol Street)
An ordinance partially vacating a portion of a public right-of-way on Hillside Avenue adjacent to a corner property located at 239 North East Capitol Street pursuant to Petition No. PLNPCM2018-00121.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 14, 2018 to consider the request made by the adjacent parcel property owners, Brian and Jennifer Reuben (the “Applicants”) (Petition No. PLNPCM2018-00121) to partially vacate a portion of Hillside Avenue where it borders the Applicants’ property located at 239 North East Capitol Street; and
WHEREAS, at its November 14, 2018 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the city council finds after holding a public hearing on this matter, that the city’s interest in the portion of city-owned public right-of-way described below is not presently necessary for use by the public and that vacating a portion of that city-owned right-of-way will not materially injure the public interest or any person; and
NOW, THEREFORE, be it ordained by the city council of Salt Lake City, Utah:
SECTION 1. Vacating City-Owned Right-of-Way. That a portion of Hillside Avenue adjacent to property located at 239 North East Capitol Street, which is the subject of Petition No. PLNPCM2018-00121, and which is more particularly described in Exhibit “A” attached hereto, hereby is vacated and declared not presently necessary or available for public use.
SECTION 2. Reservations and Disclaimers. The above 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 vacation is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah this 23rd day of April, 2019.
Bill No. 15 of 2019.
Published: May 8, 2019.