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SALT LAKE CITY ORDINANCE
No. 56 of 2016
(Closing and vacating a portion of West Capitol Street adjacent to
properties located at approximately 686 and 690 North West Capitol Street)
An ordinance closing and vacating a portion of West Capitol Street adjacent to properties located at approximately 686 and 690 North West Capitol Street, pursuant to Petition No. PLNPCM2015-00438.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 9, 2015 to consider a request made by Bruce Baird and Uterra Corp. Real Estate (“Applicants”) (Petition No. PLNPCM2015-00438) on behalf of the owner, 641 Victory, LLC, to close a portion of West Capitol Street adjacent to properties located at approximately 686 and 690 North West Capitol Street in order to accommodate a development project; and
WHEREAS, at its December 9, 2015 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 closing and vacating a portion of 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 City-Owned Right-of-Way. That a portion of West Capitol Street adjacent to properties located at approximately 686 and 690 North West Capitol Street, which is the subject of Petition No. PLNPCM2015-00438, and which is more particularly described on Exhibit “A” attached hereto, hereby is, closed and vacated and declared not presently necessary or available for public use.
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 is also subject to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. This proposed street closure and vacation is conditioned upon the following:
1) The proposed method of disposition of the street property shall be consistent with the method of disposition expressed in Chapter 2.58 – City Owned Real Property of the Salt Lake City Code; and
2) Applicants shall comply with all city departmental comments concerning street closure provided in the planning division staff report on this matter dated December 9, 2015.
3) Any retaining wall constructed along the east side of West Capitol Street in conjunction with the proposed subdivision called Victory Road Twinhomes shall be setback a minimum of two feet from the edge of the public right-of-way. The two foot area between the right of way and the retaining wall shall be landscaped, maintained and water for plantings provided by the property owners of the land in which the landscaping is planted.
4) The subdivider of Victory Road Twinhomes shall ensure that plantings are provided along the top of all retaining walls along the east side of West Capitol Street. The subdivider shall ensure that water is provided to the plantings and the property owners of the land on which the plantings are located maintain the landscaping.
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 real property manager as to conditions 1 and 2 set forth in Section 3 herein.
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 August, 2016.
Bill No. 56 of 2016.
Published: February 12, 2020.