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SALT LAKE CITY ORDINANCE
No. 23 of 2014
(Closing city-owned alley located within an area bounded by 900 South Street and
American Avenue and 400 West Street and a UTA rail corridor)
An ordinance closing a city-owned alley within an area bounded by 900 South Street and American Avenue and 400 West Street and a UTA rail corridor, pursuant to Petition No. PLNPCM2013-00340.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on July 10, 2013 to consider a request made by BM&V Enterprises (“Applicant”) to close a city-owned alley, which alley is situated within an area bounded by 900 South Street and American Avenue and 400 West Street and a UTA rail corridor (Petition No. PLNPCM2013-00340), and which alley has not functioned as a public alleyway; and
WHEREAS, at its July 10, 2013 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 public hearings that the alley described below is not necessary for use by the public, and that closing the subject alley will accommodate other important public purposes and will not be adverse to the general public’s interest; and
WHEREAS, after a hearing before the city council, the city council has determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Closing city-owned alley. That the city-owned alley situated within an area bounded by 900 South Street and American Avenue and 400 West Street and a UTA rail corridor, which is the subject of Petition No. PLNPCM2013-00340, and which is more particularly described on Exhibit “A” attached hereto, hereby is, closed subject to the conditions set forth in section 3 herein.
SECTION 2. Reservations and Disclaimers. The above alley closure 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 the subject alleyway, 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 is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. The alley closure approved by this ordinance is conditioned upon the following:
1. The proposed method of disposition of the alley property shall be consistent with the method of disposition expressed in Section 14.52.020 Method of Disposition and Chapter 2.58 City-Owned Real Property of the Salt Lake City Code.
2. Compliance with all departmental comments provided in the planning division staff report dated July 10, 2013 associated with this petition.
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 to not 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 20th day of May, 2014.
Bill No. 23 of 2014.
Published: has conditions.