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SALT LAKE CITY ORDINANCE
No. 26 of 2016
(Vacating a portion of the air rights above an alley that transects property
located at 1068 South Jefferson Street)
An ordinance vacating a portion of the city’s air rights above an alley that transects property located at 1068 South Jefferson Street, pursuant to Petition No. PLNPCM2015-00918.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on February 10, 2016 to consider a request made by Alec Harwin (“Applicant”) (Petition No. PLNPCM2015-00918) to vacate a portion of the city’s air rights above an alley that transects the Applicant’s property located at 1068 South Jefferson Street in order for Applicant to construct a pedestrian walkway above the alley; and
WHEREAS, at its February 10, 2016 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 air rights above the alley described below is not presently necessary for use by the public and that vacating a portion of the city-owned air rights above said alley 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. Vacating City-Owned Air Rights. That a portion of the city’s air rights above an alley that transects the Applicant’s property located at 1068 South Jefferson Street, which is the subject of Petition No. PLNPCM2015-00918, and which is more particularly described on 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 of air rights 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. Conditions. This proposed vacation of city air rights is conditioned upon the following:
1. The proposed method of disposition of the alley property air rights shall be consistent with the method of disposition outlined in Section 14.52.040 (Method of Disposition) and Chapter 2.58 (City Owned Real Property) of the Salt Lake City Code.
2. The closure is subject to payment to the city of the fair market value of the air rights of the alley property.
3. The alley must continue to be open to vehicular and pedestrian movement.
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 director of the Salt Lake City 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 7th day of June, 2016.
Bill No. 26 of 2016.
Published: has conditions.