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SALT LAKE CITY ORDINANCE
No. 57 of 2017
(Vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue)
An ordinance vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue, pursuant to Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on April 12, 2017 to consider a request made by Justin Kimball on behalf of 1030 Salt Lake City, LLC (“Applicant”) (Petition Nos. PLNPCM2017-00087 and PLNPCM2017-00088) to vacate two unnamed, city-owned alleys located adjacent to 408 West Dalton Avenue and to close an unimproved portion of Dalton Avenue adjacent to 408 West Dalton Avenue; and
WHEREAS, at its April 12, 2017 hearing, the planning commission voted in favor of forwarding a positive recommendation on said petitions 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 city-owned alleys and portion of Dalton Avenue described below are not presently necessary for use by the public and that vacating the alleys described below and closing the portion of Dalton Avenue described below 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 Alleys. That two unnamed, city-owned alleys located adjacent to 408 West Dalton Avenue, which is the subject of Petition No. PLNPCM2017-00087, 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. Closing City-Owned Right-of-Way. That a portion of Dalton Avenue adjacent to 408 Dalton Avenue, which is the subject of Petition No. PLNPCM2017-00088, and which is more particularly described on Exhibit “B” attached hereto, hereby is, closed as a public street and declared not presently necessary or available for use as a public right-of-way.
SECTION 3. Reservations and Disclaimers. The above closure and vacations are 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 these rights-of-way, 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 vacations are also subject to any existing rights-of-way or easements of private third parties.
SECTION 4. Condition. These proposed alley vacations and partial street closure are conditioned upon the following:
1) All abutting parcels must be consolidated in such a way that none are left land locked due to the alley vacations and street closure. No building permits can be issued until the parcels are consolidated.
SECTION 5. 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 6. 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 17th day of October, 2017.
Bill No. 57 of 2017.
Published: has conditions.