Ordinance 39 of 2019

 

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SALT LAKE CITY ORDINANCE

No. 39 of 2019

(Vacating a portion of 800 West Street between approximately

144 South and the I-15 concrete retaining wall)

 

              An ordinance vacating a portion of 800 West Street as a public right-of-way, between approximately 144 South and the I-15 concrete retaining wall, pursuant to Petition No. PLNPCM2015-00651.

              WHEREAS, the Salt Lake City Planning Commission held a public hearing on March 14, 2018 to consider the request made by Renee Property Management (the “Applicant”) (Petition No. PLNPCM2015-00651) to vacate a portion of 800 West Street between approximately 144 South and I-15 concrete retaining wall; and

              WHEREAS, at its March 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 800 West Street between approximately 144 South and the I-15 concrete retaining wall, which is the subject of Petition No. PLNPCM2015-00651, 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.       Conditions.  This proposed street vacation ordinance will not be published until the following two conditions are met:

1.     The Applicant shall record easements to allow Salt Lake City and other utility owners to maintain existing utility lines; and

2.     The Applicant shall enter into a Development Agreement with Salt Lake City to ensure that, upon vacation and the Applicant’s purchase of the property described in Exhibit A, the Applicant will consolidate the adjacent parcels the applicant currently owns with the property described in Exhibit A to create one single parcel. Additionally, under the Development Agreement, the Applicant shall reconfigure the curb, gutter, asphalt, and utility realignment according to Salt Lake City’s specifications.

              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 in Section 3 have been met as certified by the City’s Real 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 16th day of July, 2019.

 

Bill No. 39 of 2019.

Published: has conditions.