HomeMy Public PortalAboutRES-CC-1999-03RESOLUTION 03-99
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF MOAB AND DOUG MCELHANEY FOR DEVELOPMENT OF PROPERTY WITHIN
CITY LIMITS
WHEREAS, the City has determined that the annexation of property described in Exhibit
"1" hereto is in the best interest of the citizens of Moab; and
WHEREAS, the City has determined that the property in question is suitable for
designation under the R-3 Residential zone because of the allowable lot size regulations of the R-
3 Residential zone; and
WHEREAS, the City has determined that all dwellings allowed by R-3 Residential zone
regulations may not be suitable for the property in question; and
WHEREAS, the City desires that the annexation of the property in question be
conditioned upon restriction of the allowable dwelling unit type to single family dwellings only;
and
WHEREAS, the City has determined that execution of a development agreement between
the City and Mr. McElhaney is necessary to ensure that only single family dwellings shall be
located on the property in question; and
WHEREAS, the Development Agreement by and between the City of Moab and Doug
McElhaney for Development of Property within City Limits has been presented to this meeting of
the Moab City Council.
NOW, THEREFORE, be it hereby resolved that the Moab City Governing Body
approves the Development Agreement in substantially the form presented to this meeting of the
Moab City Council.
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the
City of Moab this 12ih Day of January, A.D., 1999.
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a R. Hancock
Mayor
Rachel Ellison
Moab City Recorder
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DOUG
MCELHANEY FOR THE DEVELOPMENT OF PROPERTY WITHIN CITY LIMITS
This Development Agreement is entered into by and between the City of Moab ("City") and
Doug McElhaney ("Developer") for the development of property shown in Exhibit "1".
1. Developer shall abide by all restrictions of the R-3 Residential zone, except those restrictions
governing allowable dwelling units.
2. Developer agrees that dwellings located on the property in question shall be limited to single
family dwellings only. This restriction is attached to the deed and shall run with the land in
perpetuity.
3. City agrees that the covenants and promises of Developer as contained in this agreement shall
be binding upon Developer only if City annexes property identified in Exhibit "1 ".
DATED this 12th day of January, 1999.
State of Utah
County of Grand
Subscribed and sworn to .e
by Doug McElhaney.
De oper's Authorize
Representative
th day of Januarr.99� n� f�
y�l �cc.t (Jv`-�e-�1`/
v31�"�,*gtary Public
Karla R. Hancock
Mayor
E 447253 B 0530 P 151