HomeMy Public PortalAboutRES-CC-2017-61RESOLUTION #61-2017
A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR LOTS 1 AND 2 OF THE
ROUFA SUBDIVISION AND THE IMPROVEMENTS AGREEMENT FOR PUBLIC IMPROVEMENTS
AS SUBMITTED BY CHAD HARRIS
WHEREAS, Mr. Chad Harris, PO Box 301 Moab, Utah 84532, as "Owner" of Lots I and 2, Roufa
Subdivision, (459 and 469 Bowen Circle), in the R-2 Zone, has applied for a lot line adjustment between the two
lots; and
WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and
approval of the proposed lot line adjustment; and
WHEREAS, Lot I will be comprised of 17,538 square feet (.40 acre) and Lot 2, a flag lot, will consist of 8,257
square feet (.19 acre) with a "pole length of 57.79 linear feet; and
WHEREAS, the proposed lot dimensions satisfy the minimum lot area of 5,000 square feet for the R-2 Zone;
and
WHEREAS, Lot 2 satisfies the definition of"flab shaped or panhandle lots" in Moab Municipal Code Chapter
17.06.020, as follows: "Flag -shaped or panhandle -shaped lots" may be created in any single-family or two-family
residential zone if all of the following requirements are met:
I. The lot has at least twenty feet of frontage on a dedicated public street, which frontage serves as access
only to the subject lot or parcel;
2. The handle portion of the lot is at least twenty feet in width, and not more than one hundred fifty feet in
length;
3. That the body of the lot meets the lot area and lot width requirements of the applicable zones.
WHEREAS, the proposal has been reviewed for compliance with the Moab Municipal Code and State Code Chapter
10-9a-608 (2) that allows an amendment of a subdivision plat without a public hearing if:
(a) the petition seeks to:
"Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or
parcels join in the petition, regardless of whether the lots or parcels are located in the same
subdivision..."
WHEREAS, the developer will be required to construct curb, gutter, sidewalk and a portion of the street surface,
an Improvements Agreement is necessary; and
WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of
the pertinent code sections, the City Council finds, that the code requirements for the Boundary Line Adjustment
have been met.
NOW, THEREFORE, be it resolved by the Moab City Council, the adoption of Resolution #61-2017,
hereby approves the submitted Improvements Agreement (attached) for Buen Camino and the Council
authorizes the Mayor to sign the Agreement.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on December 12, 2017.
Resolution #61-2017
David L. Sakrison, Mayor
Rachel Stenta; Recorder"'_
Resolution #61-2017
SUBDIVISION IMPROVEMENTS AND
DEVELOPMENT AGREEMENT
For
Buen Camino Subdivision
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Chad D. Harris and Margaret Harris (Subdivider) referred to as the Parties, enter into the
following Subdivision Improvements and Development Agreement (the Agreement),
pursuant to Moab Municipal Code (MMC) Sections 16.20.010, to govern the development
of the subject property and the installation of subdivision improvements required by City
Code.
I. RECITALS.
a.On January 10, 2017 The City Council approved Resolution No. 02-2017, a boundary
realignment between two existing lots in the Roufa Subdivision, and it is necessary to
enter into this Agreement to confirm the requirements for necessary subdivision
improvements.
II. AGREEMENT
THE PARTIES AGREE AS FOLLOWS:
1. Covered Property. The recitals above are incorporated into this Agreement. The
real property in the County of Grand, State of Utah, subject to this Agreement (the
Property) is described in Exhibit 1, attached.
2. Payment of Fees., Approved Land Uses. Subdivider agrees to pay all in -effect City
fees applicable to the Subdivision, including but not limited to, impact fees, connection
fees, building permit fees, and applicable inspection fees. Applicable fees shall be
calculated and paid at the time of connection or the time when the service is performed.
a). The uses permitted in the Subdivision shall correspond with the uses
authorized for the R-2 Zone in Moab Municipal Code Section 17.45.
Subject to the conditions in this Agreement, the Property has been
authorized for the following uses/activities: Lot 1, 17,538 Square feet; and
Lot 2, 8,257 square feet. The configuration of the Subdivision and the uses
therein shall conform to the Plat and Construction Plans as set forth in
Exhibit 2 to this Agreement.
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3. Required Improvements. Subdivider shall construct all of the improvements on
and adjacent to the Property shown on the Plat and Construction Plans as shown in Exhibit
2 (the Required Improvements). Required Improvements shall include the public
improvements shown on the Construction Plans, as well as all other improvements shown
on the Construction Plans or as needed for the lawful use and occupancy of the Property
under applicable building codes.
4. Improvements to be Completed in Conformance with Construction Plans. All
Required Improvements shall be constructed in a workmanlike manner and in conformity
with the approved Construction Plans. No deviations from the Construction Plans shall be
permitted, except as authorized in writing by the City Engineer upon a showing of good
cause. In addition, all Required Improvements shall be completed in conformance with
the City of Moab Public Improvement Specifications, building codes, and all state and
federal regulations, as applicable.
5. Timeline for Completion. Construction of the Required Improvements shall not
commence until the Effective Date of this Agreement. Construction of all Required
Improvements shall be completed within one hundred eighty (180) days from the
Effective Date of this Agreement.
a). A reasonable extension of time for the completion of the Required
Improvements may be granted, at the discretion of the City Council, upon
a showing by the Subdivider that there is good cause for an extension and
that the work has been diligently prosecuted from the Effective Date of
this Agreement. Without limiting this provision, good cause may include
an extension of time due to the need to complete building construction
prior to the completion of curbing, sidewalks, or landscaping, or as
otherwise needed to provide for orderly construction and avoid damage
to improvements in the course of other construction.
b). If the construction of the Required Improvements is not completed and
accepted within the timelines specified herein, or as lawfully extended,
then the Subdivision and all development approvals shall be deemed
lapsed and shall have no further effect.
6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until
such time as all of the Required Improvements are completed and, with respect to public
improvements, accepted by the City, except that building permits may be issued if
Subdivider provides a Financial Assurance to the City conforming to Section Eight, below.
No final plat for the Subdivision, or any phase thereof, shall be executed by the City or
submitted for recording until such time as either: a) all of the Required Improvements
are completed in accordance with this Agreement and, with respect to public
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improvements, accepted by the City; or b) a Financial Assurance conforming to Section
Eight is delivered to the City. Subdivider shall not convey or purport to convey any lot
within the Subdivision prior to the recording of the final plat. Any purported conveyance
of lots by Subdivider prior to approval and recording of a final plat for any phase of the
Subdivision, or otherwise in violation of this Agreement, shall be void.
7. Acceptance of Improvements, Warranty. All of the public improvements
comprising the Required Improvements shall be subject to quality assurance testing and
inspection as specified in the Construction Plans and/or applicable reference standards.
Subdivider or its authorized representative shall provide not less than forty eight (48)
hours minimum notification to City when inspection is required. The costs associated with
such testing and inspection shall be the responsibility of Subdivider. Any work which is
rejected following inspection must be repaired or replaced at the sole cost of the
Subdivider. Any work which is covered up prior to inspection may be rejected, in which
case Subdivider shall be solely responsible for exposing the work and arranging for
inspection.
a). The acceptance by the City of the public improvements comprising the
Required Improvements following completion and satisfactory inspection
shall constitute a dedication and conveyance by the Subdivider to the City
of all such improvements. Subdivider shall convey all public improvements
to the City free and clear of any mechanic liens, claims, or other
encumbrances.
b). Subdivider warrants that all public improvements dedicated to the City
shall be constructed in a workmanlike manner, in accordance with
approved plans and specifications, and that all such improvements shall be
free of defects in materials and workmanship for a period of one (1) year
from the date of acceptance by the City. Subdivider shall promptly repair
or replace any defective work following receipt of written notice under this
warranty from the City.
c). To partially secure this obligation, Subdivider shall deposit with the City
the sum of ONE -THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND
SEVENTY EIGHT CENTS ($1,726.78), which sum is equal to ten percent
(10%) of the construction cost, as determined by the City Engineer, for
public improvements comprising the Required Improvements (the
Warranty Deposit).
d). The Warranty Deposit shall be paid by the Subdivider no later than fifteen
(15) calendar days from the Effective Date of this Agreement. In the
absence of any unperformed warranty claims, the City shall refund the
Warranty Deposit to Subdivider upon expiration of the warranty period for
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the subject improvements. In the event of any default following delivery
of written notice to Subdivider with respect to Subdivider's warranty
obligations, the City may elect to draw upon the warranty deposit to cure,
in whole or in part, any breach of warranty.
e). Subdivider additionally warrants that all public improvements shall be
delivered free and clear of any mechanic liens or other encumbrances. The
City may require receipt of executed mechanic lien releases as a condition
precedent to dedication of the public improvements.
8. Financial Assurance. If the Required Improvements are not completed within the
one hundred eighty (180) day deadline specified in this Agreement, or if Subdivider
desires to record a final plat or obtain a building permit in advance of the completion of
all of the Required Improvements, then the Subdivider may, subject to approval by the
City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit
of City and to secure the completion of the Required Improvements which remain to be
completed. The Financial Assurance shall be in the form of a performance/payment bond,
escrow account, letter of credit or other financial instrument approved by the City
Attorney in an amount which is not less than one hundred forty percent (140%) of the
construction cost set forth in the Plat and Construction Plans of Exhibit 2, and as reviewed
and approved by the City Engineer in writing, of the remaining improvements which are
not completed. If a Financial Assurance is approved according to this Section Eight,
Subdivider shall have up to one hundred eighty (180) additional days from the Effective
Date of this Agreement in which to complete the Required Improvements.
9. Cease and Desist Notice. If the Required Improvements have not been
completed within the time provided in this Agreement or, in lieu of same, a Financial
Assurance approved pursuant to Section Eight, above, then the City may issue an
immediate cease and desist order to Subdivider and all work shall be discontinued until
such time as an acceptable Financial Assurance has been established. If Subdivider fails
to take timely steps to deliver an acceptable Financial Assurance or complete the
Required Improvements, then the City may record in the land records an Affidavit of Lapse
of Plat/Plan and invoke such other remedies as may be available under this Agreement or
at law.
10. Partial Releases of Financial Assurance. Upon partial completion of any class of
improvements within the Required Improvements Subdivider may request a partial
release of the Financial Assurance. The amount of the release shall be equal to the
agreed cost of the completed improvements, as determined by the City Engineer. Partial
releases shall not be made for partial completion of a class of improvements.
a). In order for Subdivider to receive such partial release, the following shall
be presented to City:
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i. A completed Escrow/Financial Assurance Partial Release Form
supplied by City;
ii. Copies of all quality assurance test results/inspection reports
required for the completed improvements;
iii. Copies of all weight/quantity tickets for materials incorporated in
the work for all items that were estimated on the basis of
weight/quantity; and
iv. Copies of all invoices or receipts for materials delivered to the site
and incorporated in to the work for which a partial release is
being requested.
b). The partial release request shall be reviewed for completeness and
accuracy by City Public Works Director and/or City Engineer. The City may
adjust the amount of the request if field inspection shows that quantities
are not accurate, or all items of work have not been completed in
accordance with the approved Construction Plans.
c). City shall process a release request promptly following receipt of a
complete application.
11. Final Release of Financial Assurance. If applicable, upon completion of all
Required Improvements in accordance with the approved Construction Plans, Subdivider
may request that the remainder of the Financial Assurance be released, provided that
Subdivider delivers executed mechanic lien waivers/releases from all contractors who
performed work on the project and all suppliers who supplied materials that were
incorporated into the work, together with a written certification by Subdivider that all
outstanding charges for the Required Improvements have been paid and that there are
no other liens, encumbrances, or other restrictions affecting the improvements.
12. Use of Financial Assurance upon Default. Upon delivery of written notice to the
Subdivider and expiration of any cure period, the City may then elect to draw upon the
Financial Assurance as it deems necessary for the completion of improvements or cure of
any default under this Agreement.
13. Zoning Compliance. Certificates of Occupancy for structures within the Property
shall only be issued upon satisfactory completion and acceptance of all Required
Improvements as provided in this Agreement.
14. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are
material and any violation is grounds for declaration of Default. Prior to invoking any
remedies for Default under this Agreement the City shall deliver written notice to the
Subdivider describing the act, event, or omission constituting a default, and allowing
Subdivider a period of thirty (30) days in which to cure or abate the violation. Cure within
that period reinstates this Agreement.
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a). Upon declaration of default the City may exercise any remedies for
violation available under City ordinances or Utah statutes, including,
without limitation: i) proceeding against the Financial Assurance; ii).
withholding building permits, certificates of occupancy, or certificates of
zoning compliance; iii) obtaining an injunction to halt or abate zoning
violations or breaches of this Agreement; iv) recording an affidavit of a
lapse of plat/plan, in whole or in part; v) commencing an action for
damages —including damages for costs incurred in completing, repairing,
or replacing Required Improvements or abating any violations; and/or vi)
any other remedies available at law or equity, including the remedy of
specific performance. The City may combine remedies in its discretion and
pursue some or all at different times, as may fit the applicable breach.
b). The recording of an affidavit of lapse of plat/plan by the City shall result in
the lapse of all prior land use approvals and the voiding of the subdivision
of lots within the real property specified in the affidavit.
15. General Provisions. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of the Subdivider in the ownership or development of all or
any portion of the Property. Assignment of this Agreement shall require the mutual
approval of the City and the proposed assignee, in writing.
a). This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent
to which either party participated in the drafting.
b). Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims
arising with respect to later or subsequent breaches, acts or omissions.
c). The term "Agreement" includes this Improvements Agreement, all exhibits
hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and
all related design drawings, which documents shall constitute the sole and
complete Agreement between the parties. The Agreement shall
supersede all prior Agreements or representations, however evidenced.
No modification to any of the terms of this Agreement shall be binding,
unless reduced to writing and lawfully executed by both parties.
d). The place of performance of this Agreement is Grand County, Utah. In the
event of any legal dispute concerning the subjects of this Agreement, the
parties agree that the exclusive venue shall be the Seventh Judicial District
Court, Grand County, Utah. In any such proceedings arising under this
Agreement, regardless of the denomination of the legal claims, the parties
waive trial to a jury on all claims and agree that the action shall be decided
by the court sitting without a jury.
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ej. In any legal proceeding arising from this Agreement the substantially
prevailing party shall be entitled to recover its reasonable attorney fees
and court costs in addition to any other relief authorized herein.
f}. This Agreement shall be governed by Utah law.
g). This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that;
i. the Project is a private development;
ii. the City of Moab has no interest in, responsibilities for, or duty to
third parties concerning any improvements to the Property,
unless/until the City accepts dedication of public improvements
pursuant to this Agreement; and
iii. except as otherwise provided herein, Subdivider shall have full
power and exclusive control of the Property.
hj. The provisions of this Agreement are severable, and if any portion should
be held to be invalid or unenforceable, then the remainder of this
Agreement shall be construed to be in full force without reference to the
invalid provision.
ij. In the event of any legal dispute arising from this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, or by hand delivery or delivery by a
reputable courier, and sent to the following addresses:
j}.
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Subdivider:
Chad Harris and Margaret Harris
P.O. Box 301
Moab, UT 84532
Email: chad.d.harris@gmail.com
kj. Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time. A notice sent by mail shall be
deemed delivered no later than three (3) days from the date that it is
mailed.
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I). Nothing in this Agreement shall be deemed to waive any governmental or
other immunity to which the City is entitled under law.
16. Indemnity. Subdivider shall indemnify and hold the City harmless with respect
to any third party claims, including claims for property damage, injury, or death, and any
demands, liabilities, causes of action, costs, or damages, including reasonable attorney's
fees, that may arise from any act or omission of the Subdivider, its members, managers,
employees, agents, or contractors in connection with the development of the Subdivision
and/or the performance of this Agreement.
17. Future Legislative Power. Nothing in this Agreement shall be construed to impair
or limit the future legislative power or zoning authority of the City.
18. Grading. All grading and soil disturbance undertaken in the development of the
Subdivision shall be performed in conformity with Appendix J of the International Building
Code (IBC) as adopted by the City.
19. Effective Date. The effective date of this Agreement is the date when it is signed
by all Parties and the Council has approved the final plan of the Subdivision.
20. Recording. This Agreement constitutes an obligation binding upon, and running
with, the subject real Property. This Agreement shall be recorded in the Grand County
land records. Upon request of the Subdivider and verification by the City that all terms
and conditions of this Agreement have been performed in full, the City shall promptly
execute a release of this Agreement, which may be recorded at the discretion of the
Subdivider.
21. Counterparts. This Agreement may be executed in separate original counterparts
which, when combined, shall constitute the entire Agreement.
Exhibits:
1.—Legal Description of the Property
2. — Plat and Construction Plans
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IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab,
acting by and through the Moab City Council, which has duly authorized execution, and
by Subdivider as of the date(s) specified below.
CITY,..OF MOAB:
Mayor David L. Sakrison
ATTEST:
6tA- --L
Rachel Stenta
City Recorder
SUBDIVID R:3
ad Harris
I �- I a-l1
Date
Date
- �»
Date
0 �6-eitAA,L{ cr, 6Q01 ---+
Margaret Harris Date
STATE OF UTAH
)ss.
COUNTY OF GRAND
•
The foregoing agreement was executed before me by Chad Harris, this 6
/1.
day o- ,pkt, hit , 2017. Witness my hand and official seal. My commission expires:
IZ-_Z4r-Z_o)9 .
CARMELLA GALWT
Notary Public
Stele of Utah
Comm. No. 886544
My Cam. Wins else 2e, 2019
azty
Notary Public, State of Utah
Address:
Buen Camino Subdivision SIA
Page 10 of 10
STATE OF UTAH
COUNTY OF GRAND
)
)ss.
The foregoing agreement was executed before me by Margaret Harris, this
6 - day of `1 pee,,,,t,r,- , 2017. Witness my hand and official seal. My commission
expires: / 2 - 2 .
CARMELLA GALLEY
Notary Public
State of Utah
Comm. No. 606544
My Comm, Expires Dec 28, 2019
STATE OF UTAH
COUNTY OF GRAND
)
)ss.
0,1.a- �a/6e-
Notary Public, State of Utah J
Address: r�u 01/ ( .A4Pd-
The foregoing agreement was executed before me by the CITY OF MOAB by and
through David Sakrison, this Ia-tP`day of T D024.n-foor_2017. Witness my hand and
official seal. My commission expires: l a -15 -av f Q,
RACHEL E. STENTA
Notary Public
State of Utah
Comm. No. 679999
My Comm. Expires Dec 15, 2018
K-)c(A_aLei St&I,J
Notary Public, State of Utah
Address: V17 G
EXHIBIT 1
LEGAL DESCRIPTION
A DESCRIPTION OF LOT 22 OF THE BOWEN PLAT OF
NICHOLS—BOWEN SUBDIVISION, SECTION 6, T 26 S, R 22 E,
SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF LOT 22 OF THE
BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION, SAID
CORNER BEARS N 56 41144"E 43.01 FT. FROM THE
CENTERLINE MONUMENT AT THE INTERSECTION OF WEST
BOWEN CIRCLE AND NORTH BOWEN CIRCLE, PROCEEDING
THENCE N B7°46'001W 165.00 FT. TO THE SW CORNER OF
SAID LOT 22, THENCE N 02° 1 4100"E 160.00 FT. TO THE NW
CORNER OF SAID LOT 22, THENCE S 67°46100HE (RECORD=S
B7°24sE) 165.00 FT. TO THE NE CORNER OF SAID LOT 22,
THENCE S 02°14100"W 160.00 FT. TO THE POINT OF
BEGINNING AND CONTAINING 0.61 ACRES, MORE OR LESS.
CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT.
BEARINGS ARE BASED ON THE MONUMENTED
CENTERLINE OF BOWEN CIRCLE (BEARING=S B7°46100"E).
1