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SALT LAKE CITY ORDINANCE
No. 23 of 2012
(Closing and vacating an alley adjacent to property located at 252 W. Brooklyn Avenue)
An ordinance closing and vacating an alley as a public right-of-way adjacent to property located at 252 W. Brooklyn Avenue, pursuant to Petition No. PLNPCM2011-00697.
WHEREAS, the Salt Lake City Planning Commission (“planning commission”) held a public hearing on January 25, 2012 to consider a request made by Volunteers of America, Utah (“Applicant”) (Petition No. PLNPCM2011-00697) to close and vacate an unnamed city-owned alley adjacent to property located at 252 W. Brooklyn Avenue and to declare same as surplus property; and
WHEREAS, at its January 25, 2012 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 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; and
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing and Vacating Street. An unnamed city-owned alley adjacent to property located at 252 W. Brooklyn Avenue, which is the subject of Petition No. PLNPCM2011-00697, 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.
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:
1. Payment to the city of fair market value of those portions of the alley, or its equivalent, and title to those portions of this alley 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 section 14.52.020; and
2. That all requirements of the relevant City departments/divisions, as identified in the January 25, 2012 planning division staff report concerning the above-referenced application, be met by the applicant prior to, or concurrent with, the purchase of the subject portion of the alley described herein.
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 city’s planning director and 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 1st day of May, 2012.
Bill No. 23 of 2012.
Published: has conditions.