Ordinance 17 of 2017

 

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SALT LAKE CITY ORDINANCE

No. 17 of 2017

(Closing and vacating a city-owned alley situated between approximately

1411 South and High Avenue at approximately 1550 West)

 

            Closing and vacating a city-owned alley situated between approximately 1411 South and High Avenue at approximately 1550 West, pursuant to Petition No. PLNPCM2015-00056.

 

              WHEREAS, the Salt Lake City Planning Commission held a public hearing on May 27, 2015 to consider a request made by Hans Ehrbar (“Applicant”) (Petition No. PLNPCM2015-00056) to close and vacate an unnamed city-owned alley situated between approximately 1411 South and High Avenue at approximately 1550 West and to declare same as surplus property; and

              WHEREAS, at its May 27, 2015 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council, subject to certain conditions identified in the planning division’s staff report dated May 27, 2015; and

              WHEREAS, the city council finds after public hearing that the city’s interest in the alley described below is not necessary for use by the public as a street and that closing and vacating that city-owned right-of-way will not be adverse to the general public’s interest, provided that the conditions provided herein are satisfied; and

 

              NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

 

              SECTION 1.  Closing and Vacating Alley.  An unnamed city-owned alley situated between approximately 1411 South and High Avenue at approximately 1550 West, which is the subject of Petition No. PLNPCM2015-00056, and which is more particularly described on Exhibit “A” attached hereto, hereby is, closed and vacated and declared no longer needed or available for use as a public right-of-way, subject to the conditions set forth in Section 3 below.

              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 alley closure and vacation is conditioned upon the following:

A.   A lot consolidation through the subdivision process is required to eliminate the creation of a landlocked parcel and to create a new lot that exceeds the maximum lot size in the R-1/7000 zoning district.

 

B.   The new parcel must be recorded with the Salt Lake County Recorder’s Office

 

C.   The proposed method of disposition of the alley property shall be consistent with the method of disposition described in Chapter 14.52 (Streets, Sidewalks and Public Places: Disposition of City Owned Alleys), and Chapter 2.58 (Administration and Personnel: City Owned Real Property) of the Salt Lake City Code.  Since the subject alley abuts parcels zoned R-1-7,000 along its approximately 250-foot length and only abuts a small portion of property zoned SR-3 at its terminus (approximately 10 feet wide), the alley shall be disposed of in accordance pursuant to the requirements of Section 14.52.040.A of the code for low-density residential areas.

 

D.   The alley closure and vacation is subject to Applicant’s compliance with all departmental comments/requirements listed in the planning division staff report dated May 27, 2015.

 

              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 confirmed by the director of the city’s planning division.

              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 2nd day of May, 2017.

Bill No. 17 of 2017.

Published: has conditions.