HomeMy Public PortalAboutRES-CC-2000-04Resolution 4-2000
A RESOLUTION APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE
CITY OF MOAB AND CLUB UTAH RESORT GROUP L L C , AND A RESTRICTIVE
CONVENANT FOR THE MOAB SPRINGS RANCH PROPERTY
WHEREAS, Club Utah Resort Group L L C ("Club Utah") own property that is contiguous to
Moab City limits, which they intend to develop as the Moab Spnngs Ranch, and
WHEREAS, Club Utah desires to receive culmary water and samtary sewer services for the
Moab Spnngs Ranch property, and
WHEREAS, said property is located within the service boundaries of the Grand Water and
Sewer Service Agency ("Agency"), and
WHEREAS, the Agency is not readily and practicably able to provide culinary water and
samtary sewer services to the Moab Sprmgs Ranch property, and
WHEREAS, the City of Moab currently owns, operates and maintains a culinary water and
salutary sewer system, and
WHEREAS, Club Utah desires to receive culinary water and samtary sewer services from the
City of Moab, and
WHEREAS, Club Utah and the City of Moab desire that the Moab Spnngs Ranch property be
eventually annexed into Moab City limits, and
WHEREAS, Club Utah has received prelmunary development approvals from Grand County for
the Moab Springs Ranch development project, and
WHEREAS, the City of Moab is agreeable to accepting the Moab Spnngs project approvals
obtained from Grand County as part of a pre -annexation agreement, and
WHEREAS, the Agency has not yet provided formal acquiescence to the City to provide
culinary water and salutary sewer services to the Moab Spnngs Ranch property, and
WHEREAS, the Pre -annexation Agreement and Restnchve Covenant, along with their exhibits,
have been presented to this meeting of the Moab City Council
NOW THEREFORE, we, the Govermng Body of the City of Moab do hereby resolve to approve
the Pre -annexation Agreement and Restnctive Covenant in substantially the form presented to
the meeting of the Moab City Council, and direct the appropnate parties to execute and deliver
said documents upon receipt from the Grand Water and Sewer Service Agency of documentation
of formal acquiescence to the City of Moab for provision of culinary water and salutary sewer
services
Club Utah Pre annexation Resolution Page 1 of 2
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 22"" day of February, 2000.
CITY OF MOAB
By'•;refAeri..e 446,2440_/
Karla R. Hancock
Mayor
Attest:
Rachel. Ellison
City Recorder
Club Utah Re -annexation Resolution Page 2 of 2
Feel No Fee Cash elq°
NERLENE MOSHER, Recorder
Filed By AN
For ROAD CITY
GRAND COUNTY CORPORATION
PRE -ANNEXATION AGREEMENT
Moab Springs Ranch
City of Moab, Grand County, Utah
THIS AGREEMENT is made and entered mto this 22nd day of February, 2000, between the
CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, and
CLUB UTAH RESORT GROUP L.L.C., a Utah limited liability company ("Club Utah")
RECITALS:
A. Club Utah owns two adjoining parcels of real property situated in Grand County,
Utah, and referred to herein as the "Resort Parcel' consisting of 17 acres, more or less, and the
"Restaurant/Lodge Parcel" consisting of one acre, more or less. The Resort Parcel and the
Restaurant/Lodge Parcel are more particularly described on Exhibit A hereto and are depicted on the
Preliminary Plat of the Moab Springs Ranch PUD (the "Preliminary Plat") attached as Exhibit B
hereto. The Resort Parcel and the Restaurant/Lodge Parcel are collectively referred to herem as the
"Property "
B Club Utah proposes to develop the Property as an integrated vacation resort (the
"Project") to be known as the "Moab Springs Ranch" and to consist, if fully developed, of a
restaurant/clubhouse and a 20 umt lodge/hotel situated on the Restaurant/Lodge Parcel, and 42
residential units, support commercial, and substantial open space and amenities situated on the
Resort Parcel. The currently planned configuration of the Project is shown in the Illustrative Site
Plan of the Moab Springs Ranch attached as Exhibit C hereto
C. Club Utah is the owner of approximately 190 acre-feet of water rights (the "Water
Rights") and a completed but shut-in water well (the "Well'), both of which are more particularly
described on Exhibit D hereto.
D The Property is situated on the northerly side of Highway 191 within an
unincorporated area of Grand County, Utah Club Utah has been processing its zoning and
development approvals for the Project through Grand County and has obtained Sketch Plan approval
in August 1999, and approval of the PUD and Preliminary Plat from the County Planning and
Zoning Commission on November 3, 1999, and from the County Council on December 20, 1999.
E. The area opposite the Property on the southerly side of Highway 191 is within the city
limits of the City of Moab. The Project is compatible with the development plans of the City of
Moab and is substantially consistent with the zoning classifications, characterizations, densities, and
uses authorized by current City planning and zoning ordinances Club Utah is willing to cooperate
with the phased annexation of the Property in the Moab City limits, provided that the City honors the
approvals and entitlements obtained to date from Grand County and allows development of the
property in a manner substantially consistent therewith, and agrees to provide water and sewer
services to the Property The City of Moab is willing to proceed on that basis
F The City of Moab Planning and Zoning Commission and the Moab City Council,
bemg fully advised as to the situation and havmg considered the matters addressed herem at duly
noticed public meetings held on January 13, January 25, and February 22, 2000, respectively, have
concluded that it is m the best mterests of the City of Moab to enter into dus Agreement and have
made all necessary findmgs of fact and conclusions of law in support thereof
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for
other good and valuable consideration, Club Utah and the City of Moab agree as follows
ARTICLE 1
Findings and Conclusions
1 1 The Project is generally compatible with the development plans of the City of Moab
and is substantially consistent with the zoning classifications, characterizations, densities, and uses
authorized by current City planrung and zoning ordinances
1 2 The Property adjoins the municipal boundanes of the City and is an area well -suited
for annexation
1 3 The Project is situated on the entrance comdor into the City and will provide a
visually pleasing addition to that comdor
1 4 The Project is expected to provide substantial economic benefits to the City
ARTICLE 2
Restnchve Covenant
2 1 Concurrent with the execution of this Agreement Club Utah shall execute and record
a restrictive covenant m the form described in Exlubit E, which covenant shall irrevocably bind the
Property and provide as follows
2 1 1 The City of Moab commits to provide culinary water service to the Property at
Club Utah's request and in accordance with standard municipal rates and charges Club Utah shall
pay charges for service outside of City linuts for service to the Property, or any portion thereof, until
such time as the Property, or any portion thereof, is lawfully annexed into the City limits Upon
payment of all applicable municipal connection charges and impact fees, Club Utah shall be
permitted to connect all improvements to the City culinary water system Sewer service shall be
provided to annexed property when feasible, as further defined in Article Four
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2 1 2 Club Utah, its successors, grantees, and assigns irrevocably consents to the
annexation of the Property and releases any nght of protest or opposition to any future annexation of
the Property, or any portion thereof, pursuant to the terns of this Agreement
2 1 3 Moab City consents to and approves the development of the Property as
provided m this Agreement
2 2 Club Utah agrees to promptly record the Restrictive Covenant in the Official Records
of Grand County, Utah
ARTICLE 3
Prehmmary Development Approval
3 1 Club Utah has obtained certain approvals for the Project from and will seek certam
additional approvals for the Project from Grand County and the City of Moab as descnbed below
3 1 1 On August 4, 1999, the Grand County Planning and Zomng Commission
approved the Sketch Plan covering the Resort Parcel and the Restaurant/Lodge Parcel On November
3,1999, the Grand County Planning and Zoning Commission approved, and on December 20,1999,
the Grand County Council approved a PUD rezone and the Preliminary Plat for the Resort Parcel,
subject to certam special conditions A copy of the Resolution approving the PUD, PUD rezone and
Preliminary Plat is attached as Exhibit F hereto Copies of the Resolution approving the PUD and
Preliminary Plat show 36 residential umts situated on Lots 1-4, together with pnvate roadways and
non-exclusive easements (Tract A), common areas and open space (Tracts B-G), and resort support
commercial areas (Lots 7-11) Lots 5 and 6 on the Preliminary Plat are designated as "Future
Development Parcels," each to contain up to three residential units The Illustrative Site Plan,
Preliminary Plat, and Resolutions identified in this Section 3 1 1 are collectively referred to herein as
the "County Approvals "
3 2 Club Utah is preparing to file the final Subdivision Plat for Moab Sprmgs Ranch PUD,
Phase 1 (the "Phase 1 Plat") and will process this plat through Grand County Club Utah expects to
commence construction of Phase 1 road and infrastructure improvements in March 2000 pursuant to
permits and approvals to be obtained from Grand County Club Utah will obtam permits and
approvals for Phase 1 improvements from Grand County and will construct such improvements to
Grand County requirements and specifications Club Utah will file further subdivision plats for
subsequent phases of the Project from time to time
3 2 1 Club Utah and the City of Moab shall Initiate proceedings for annexation of
Phase 1 of the Resort Parcel as soon as practicable following the approval by Grand County and the
recording of the final plat/plan for that parcel Pnor to annexation, Club Utah shall obtain all
necessary building and construction permits from Grand County The City recognizes the validity of
all Grand County permits and approvals for Phase 1 and shall be bound by those requirements,
3
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notwithstandmg the existence of any conflict or variance with comparable City ordmances or
regulations If the City of Moab does not have a zoning classification that is generally equivalent to
the Grand County zonmg classification now applicable to the Resort Parcel, or if certam aspects of the
Resort Parcel development do not conform to City ordmances in effect at the tune of annexation, the
City agrees that it shall accept all Phase 1 development as a preexisting subdivision or non-
conformmg use
3 3 Club Utah and the City of Moab shall initiate proceedings for annexation of the
Restaurant/Lodge Parcel at any time after the earlier of (a) the first anniversary of the date of this
Agreement, or (b) such time as Club Utah has (i) recorded both the Final PUD Plan for the Resort
Parcel and the Phase 1 Plat m the Official Records of Grand County, and (n) has completed
construction of road and infrastructure improvements for the Restaurant/Lodge Parcel and Phase 1
3 3 1 When the Restaurant/Lodge Parcel is annexed into the City of Moab, the
parties mtend and agree that the parcel shall have a zoning classification that is generally equivalent to
the Grand County zoning classification now applicable to that parcel and which permits the contmued
operation of the existing restaurant on that parcel and the construction, operation, and use of the
restaurant/clubhouse and 20 umt hotel/lodge substantially as provided in the County Approvals With
respect to uses and structures already existmg as of the date of this agreement, Club Utah shall have a
reasonable penod fol lowmg the date of annexation, not to exceed two years, in winch to comply with
any City of Moab ordinances which may be more stnngent than comparable Grand County
regulations
3 3 2 When the Restaurant/Lodge Parcel is annexed into the City, Club Utah will
process building permits and other permits and approvals required for the construction, use and
occupancy of the improvements on the Restaurant/Lodge Parcel through the City of Moab and will
construct all such improvements in compliance with the City ordinances and requirements
3 4 Annexation proceedings for any phase other than Phase I or the Restaurant/Lodge
Parcel shall commence simultaneously with connection by Club Utah of such Phase to the City
culinary water system Annexation shall be accompanied by the enactment of a City zoning
designation that is substantially equivalent to the Grand County zoning designation applicable to that
parcel as of the effective date of this agreement Development of phases subsequent to Phase 1 and
the Restaurant/Lodge Parcel shall be m accordance with Grand County approvals and ordinances, to
the extent all such development is substantially consistent with the County Approvals appended to
this Agreement Should Club Utah elect to substantially alter or change the layout, use, density or
similar legal or physical attnbutes of subsequent phases of the development, all such development
shall first be subject to annexation, review, and approval by the City under City ordmances and
regulations
3 4 1 If certain aspects of the project, as specified in the County Approvals and
attachments to this agreement, do not conform to City ordmances as of the time of annexation the
City agrees to accept such development, upon annexation, as a valid non -conforming use
4
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3 4 2 Club Utah agrees that lots 5 and 6, which are identified on the Prelunmary
Plat as Future Development Parcels, shall each contain a maximum of three residential units
3 5 Nothing m this Agreement is intended or shall be construed to preclude Club Utah
from protesting and otherwise opposmg any annexation proceedmgs that are not in accordance with
this Agreement The ultimate decision to annex shall rest in the discretion of the City Council
ARTICLE 4
Water and Sanitary Saver Service to Property
4 1 The City of Moab commits to provide culinary water and fire -flow to the Property
upon payment of applicable connection and impact fees, and upon the same terms as those applicable
to other City customers served outside of the City lumts Non -city water rates shall apply to each
portion of the Property served until annexation of such portion is complete
4 2 The parties acknowledge that the City of Moab samtary sewer system does not
currently extend far enough to serve the Property At such time that samtary sewer service shall be
established within two hundred feet of the Property boundary Club Utah shall connect into the City
sewer system, as currently provided by City Ordinance, and be subject to the applicable connection
and impact fees applicable to other City customers Club Utah shall be solely responsible for all costs
associated with project improvements necessary to connect to the sewer system
ARTICLE 5
Water Rights and Well
5 1 Moab City may be interested in acquiring the Water Rights and Well, or portions
thereof, in the future In consideration of the commitment of the City of Moab to provide culinary
water to the Property under this agreement, Club Utah, its successors, and assigns agree that for a
penod of five (5) years from the effective date of tins agreement, that upon receipt of any bona fide
offer for the purchase, transfer, or conveyance, m whole or m part, of the Watercress Sprang, the
accompanying well, or any water nghts associated therewith, Club Utah shall promptly deliver a
written copy of the offer to the City The City shall have a penod of not less than 60 days from
receipt m which to elect to purchase the subject property or water nghts upon the same teens and
conditions, and subject to the same consideration as is set forth m the offer Failure to exercise the
nght-of-first-refusal within the specified penod shall result in waiver on the part of the City In the
event the City shall elect to exercise its nght-of-first-refusal the parties shall promptly enter mto an
agreement for the sale or conveyance of the property or water rights m conformity with the onguial
offer
5 2 Nothing is this Article 5 is intended or shall be construed to preclude Club Utah its
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E 451017 i 0547 P 425
successors or assigns from usmg the Water Rights and/or Well for purposes of providing water for
irrigation or for ponds or other water features on the Property, from leasmg the Water Rights and/or
the Well to tlurd parties for ungation, fire protection, ponds, or other non-dnnkmg water purposes, or
from developing the Water Rights and the Well m order to provide culinary water service for the
Project, or from supplymg water for bottlmg
5 3 Contemporaneously with the annexation of Phase 1 of the Moab Spnngs Ranch PUD
mto the City of Moab, Club Utah and the City shall execute a mutually acceptable easement
agreement pursuant to which a) the City relinquishes all nght, title, and interest m the property
acquired under the easement dated July 10,1956, recorded July 26,1956, Entry No 279324 in Book
6S, Page 1 of the Grand County land records, b) the City relmgwshes all nght, title, and mterest m the
property acquired under that certain easement dated November 5,1980, recorded December 15,1980,
Entry No 388707, Book 315, Page 482 of the Grand County land records, c) the City relinquishes all
nght, title, and mterest m the property acquired under that certain easement dated October 14, 1980,
recorded December 15, 1980, Entry No 388708, Book 315, Page 484 of the Grand County land
records, d) Club Utah shall grant to the City of Moab an easement 20 feet in width for mgress/egress
to and from and for underground pipelines to and from the existing Skakel Spnng spring box situated
on the Property, and e) Club Utah shall grant to the City of Moab an easement 20 feet m width for
ingress/egress to and from and for underground pipelmes and an easement for overflow drainage to
and from the existmg City water tank adjacent to the Property The easements identified in items d)
and e) shall conform to the location of platted roads on the property, to the extent feasible
ARTICLE 6
General Provisions
6 1 This Agreement shall be bmdmg on and inure to the benefit of the successors and
assigns of Club Utah m the ownership or development of any portion of the Project In the event of a
transfer of all or a portion of the Project, Club Utah shall obtain an assumption by the transferee of the
Club Utah's obligations under this Agreement, and Club Utah shall be released from any further
obligations under this Agreement as to the parcel so transferred
6 2 Failure of a party hereto to exercise any nght hereunder shall not be deemed a waiver
of any such nght and shall not affect the nght of such party to exercise at some future time said nght
or any other nght it may have hereunder
6 3 This Agreement, including the exhibits hereto which are incorporated herein by
reference, constitutes the entire agreement between the parties with respect to the issues addressed
herein and supersedes all pnor agreements, whether oral or wntten, covenng the same subject matter
This Agreement may not be modified or amended except m wntmg mutually agreed to and accepted
by both parties
6 4 Should any party hereto employ an attomey for the purpose of enforcmg this
Agreement, and whether or not an action has actually commenced, the prevailing party shall be
6
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entitled to receive from the other party thereto reimbursement for all attomey's fees and all costs and
expenses
6 5 All notices hereunder shall be given m wntmg by certified mad, postage prepaid, at the
followmg addresses
To Moab City
City of Moab
115 West 200 South
Moab, Utah 84532
Attn City Manager
To Club Utah
Club Utah Resort Group L L C
1670 Fast 1300 South, Suite 202
Salt Lake City, Utah 84105
Attn McKay Edwards
Or to such other addresses or to the attention of such other person as either party or their successors
may designate by wntten notice
6 6 This Agreement is entered mto under and pursuant to, and is to be construed and
enforceable m accordance with, the laws of the State of Utah
6 7 Tlus Agreement does not create any thud party beneficiary nghts It is specifically
understood by the parties that (a) the Project is a pnvate development, (b) Moab City has no interest
in, responsibilities for, or duty to thud parties concenung any improvements to the Property unless
Moab City accepts the improvements pursuant to tlus Agreement or m connection with site plan,
deed, or plat approval, and (c) Club Utah shall have the full power and exclusive control of the
Property subject to the obligations of Club Utah set forth m this Agreement
6 8 Any default, dispute, difference or disagreement hereunder shall be referred to a single
Mediator agreed upon by the parties, or if no Mediator can be agreed upon, a Mediator shall be
selected m accordance with the mediation rules of the Amencan Arbitration Association Authonzed
representatives of the parties shall meet with the Mediator within ten (10) days and endeavor m good
faith to resolve the default, dispute, difference, or disagreement by agreement of the parties
6 9 If any provision of tlus Agreement, or the application of such provisions to any person
or circumstance, shall be held mvalid, the remainder of this Agreement, or the application of such
provision to persons or circumstances other than those as to wluch it is held mvalid, shall not be
affected thereby
7
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6 10 In the event of any protest or similar legal or administrative challenge to any
annexation under this Agreement Club Utah shall cooperate with the City in providing necessary
information or testimony to support the annexation
6 11 Upon annexation Club Utah shall be entitled to all rights and benefits, and be subject
to all legal obligations to the same extent as all other City of Moab residents, except as is provided
otherwise by the express terms of this agreement
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 a duly authorized
representative of Club U ah, as of the date(s) specified below
CITY OF MOAB
fa�Meae4
yor Karla Hancock Date
ATI-EST ,
V�
jachel Plifson .
_Ca}, B,dcorder,
CLUI3 UTA'H RI SORT CROUP L L C
cKay E, nager
8
� - c77—Oo
Date
E 451217 B 0547 P 428
STATE OF UTAH )
§
COUNTY OF SALT LAKE )
On the 25th day of Apnl, 2000, AD, personally appeared before me H
McKay Edwards, who by me being duly sworn, did acknowledge that he
executed the foregoing document in his capacity as Manager of Club Utah
Resort Group, LLC, a Utah limited liability company
My Commission expires
7-7-2000
Notary Peale"' 1
BEBECCA D LEVAHGEB
n0 Eas7 Silva, Sago iAlvw
Park Gry thin N0911
My Commisamon
Jury 2000Ew�ne '
State of Utah 1
anrt7Notary Public, R siding in
Summit County Utah
E 451217 B 0547 P 429
SCHEDULE OF EXHIBITS
Exhibit A - Legal Descnphons of the Resort Parcel and the Restaurant/Lodge Parcel
Exhibit B - Preliminary Plat of the Moab Spnngs Ranch PUD
Exhibit C - Illustrative Site Plan of the Moab Spnngs Ranch
Exhibit D - Water Rights and Well
Exhibit E- Restnetive Covenant for Connection to Water and Sewer Service
Exhibit F - County Resolution Approving the PUD Rezone and the Preliminary Plat for the Moab
Spnngs Ranch PUD and the Final PUD Plan
R 2000/Resoluuons/Pre annex club uub doe
9
E 451217 B 0547 P 430
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTIONS
1. RESORT PARCEL:
MOAB SPRINGS RANCH P U D BOUNDARY DESCRIPTION
DESCRIPTION OF A PARCEL OF LAND IN THE NE U4 SECTION 35 T 25 S , R 21 E SLM GRAND COUNTY,
UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NE CORNER SECTION 35, T 25 S , R 21 E , SLM, AND PROCEEDING THENCE
WITH THE EAST LINE OF SAID SECTION 35 S 0' 33' W 938 9 FT TO A CORNER, THENCE WITH THE NORTH
LINE OF SWASEY N 62' 06 W 488 2 FT TO A CORNER, THENCE N 62' 12' W 109 8 FT TO A CORNER,
THENCE N 27' 51' E 80 0 FT TO A CORNER, THENCE N 62' 12 W 109 7 FT TO A CORNER, THENCE S 27' 51'
W 80 0 FT TO A CORNER, THENCE S 88" 39' W 148 7 FT TO A CORNER, THENCE N 24' OT E 56 7 FT TO A
CORNER THENCE N 24' 30 E 95 8 FT TO A CORNER, THENCE N 33' 04' W 54 1 FT TO A CORNER, THENCE
N 55' 45 W 53 5 FT TO A CORNER THENCE N 70' 24' W 96 4 FT TO A CORNER, THENCE N 81' 06' W 47 0
FT TO A CORNER, THENCE S 70' 48' W 25 2 FT TO A CORNER, THENCE S 16* 46' W 83 0 FT TO A CORNER,
THENCE WITH THE EASTERLY R-O-W OF U S HIGHWAY 191 ALONG THE ARC OF A 3,869 8 FT RADIUS
CURVE TO THE LEFT 460 8 FT (SAID CURVE HAS A CHORD WHICH BEARS N 45' 03' W 460 5 FT ) TO A
CORNER THENCE WITH SAID R-O-W N 48' 28' W 180 4 FT TO A CORNER ON THE NORTH LINE NE U4 SAID
SECTION 35 THENCE WITH SAID LINE S 89' 56 E 1,4401 FT TO THE POINT OF BEGINNING AND
CONTAINING 16 81 ACRES, MORE OR LESS CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT
BEARINGS ARE BASED ON THE EAST LINE NE U4 SECTION 35 (BEARING FROM VALLEY CONTROL=S
0° 33 W)
2 RESTAURANT/LODGE PARCEL
Beginning at a corner on the easterly R-O-W of U S Hwy 191,
said corner bears S 50°50'W 1037.0 ft from the NE comer of Section
35, T 25 S, R 21 E, SLM, and proceeding thence N 24°07'E 106 7 ft
to a corner, thence N 24°30'E 95 8 ft to a corner, thence N 33°04'W
54 1 ft to a corner, thence N 55°45'W 53.5 ft to a corner, thence N
70°24'W 96 4 ft to a corner, thence N. 81 °06'W 47 0 ft to a corner,
thence S 70°48'W 25 2 ft to a corner, thence S 16'46'W 83 0 ft to a
corner on the Easterly R-O-W of U S Hwy 191, thence with said R-
OW along the arc of a 3869 8 ft radius curve to the nght 275.0 ft
(said curve has a chord which bears S 39'36' E 274 9 ft ) to the point
of beginning and containing 0 97 acres, more or less
Bearings are based on the east line NE %4 Section 35 (bearing
from Valley Control =S 0'33'W)
E 451217 B 0547 P 431
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EXHIBIT!
Exhlblt D
Club Utah Resort Group L L C Water Rights and Well
1 Watercress Spnng Water Rhghts
Water Right Flow Acre
Number in CFS Feet
05-2102 321 104 218
05-2743 12 38 98
05-2744 12 38 98
Total
561 182 178
Watercress Spnng descnbed point of diversion
S 380 ft W 450 ft from NE cor Sec 35 T 25S R 21 E SLBM
2 Well
Location S 125 ft W 660 ft from the NE cor Sec 35 T 25S R 21 E SLBM
Descnption 10" casing, Depth approx 175
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EXHIBIT E
WHEN RECORDED MAIL TO
City of Moab
115 West 200 South
Moab Utah 84532
RESTRICTIVE COVENANT FOR ANNEXATION AND
MUNICIPAL WATER AND SEWER SERVICE CONNECTIONS
WHEREAS, Club Utah Resort Group, LLC, ("Declarant ) a Utah limited liability
company is the owner of certain lands more particularly descnbed in Exhibit A which
property is located in the unincorporated area of Grand County Utah
WHEREAS, Club Utah and the City of Moab (the City ) have entered into a Pre
Annexation Agreement providing for the phased annexation of the Property and the
contemporaneous delivery of mumcipal culinary water service and sewer service, when available
NOW THEREFORE the Declarant, Club Utah LLC and the City stipulate and agree as
follows
l All of the property described in Exhibit `A is subject to a Pre Annexation
Agreement with the City of Moab
2 Declarant its successors and assigns irrevocably consents to annexation and
WOWS protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement Declarant shall execute supplementary
documents including an annexation petition as provided in the Pre -Annexation
Agreement
3 Subject to the terms of the Pre Annexation Agreement, the City shall provide
municipal services to the Property
4 Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law
5 This covenant shall not be construed to obligate the City appropnate funds or
otherwise engage in capital facilities contraction The decision to extend, replace
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City
6 In the event that Declarant should fail or refuse to execute necessary documents
or otherwise cooperate in annexation as provided herein the City may specifically
enforce this covenant in a court of competent jurisdiction In any legal proceeding
to enforce this covenant the City shall be entitled to recover its reasonable
attomey fees and court costs
E 451217 10547 P 435
RESTRICTIVE COVENANT FOR ANNEXATION AND
MUNICIPAL WATER AND SEWER SERVICE CONNECTIONS
Page 2
7. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarant:
Club Utah Resort Group, LLC
By
STATE OF UTAH
)s.s.
COUNTY OF GRAW7 )
Subscribed to and acknowledged before me by Club Utah Resort Group, LLC, McKay
Edwards, Manager, this Co day of� j}OiUt_ , 2000. Witness my hand and official seal.
My commission expires: - 5-03
City of Moab
LIBLIC
PEGGY E. TAYLOR
49e Cvlos Court
Moab. Utah M532
IAy Commission ExplrilS
January 5.2003
STATE. OF UTA►1
Date
E 451217 D 0547 P 436
KEOGH LAND SURVEYING
REGISTERED LAND SURVEYORS
45 E Center • PO Box 396
MOAB UT 84532
(435) 259 8171
Telephone and Fax
EXHIBIT A
DESCRIPTION OF A PARCEL OF LAND IN THE NE1/4 SECTION 35 T 25 S R 21 E.
SLM GRAND COUNTY UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NE CORNER SECTION 35, T 25 S. R 21 E. SLM AND
PROCEEDING THENCE WITH THE EAST UNE OF SAID SECTION 35 S 0 33 W 938 9
FT TO A CORNER THENCE MATH THE NORTH UNE OF SWASEY N 82 08 W 488.2
TO A CORNER THENCE N 82.1211 1098 FT TO A CORNER, THENCE N 27 51 E
BO 0 FT TO A CORNER THENCE N 82 12 W 109 7 FT TO A CORNER THENCE
S 27 51 W BO 0 FT TO A CORNER THENCE S 88 39 W 148.7 FT TO A COR-
NER THENCE S 24.07'W 50.0 FT TO A CORNER ON THE EAST R-O-W OF U S. HWY
191 THENCE MATH SAID R-O-W ALONG THE ARC OF A 3889 8 FT RADIUS CURVE TO
THE LEFT 735.8 FT (SAID CURVE HAS A CHORD WHICH BEARS N 43 01'W 734.7
FT ) TO A CORNER THENCE WITH SAID R-O-W N 48 28 W 180 4 FT TO
A CORNER ON THE NORTH UNE NE1/4 SAID SECTION 35, THENCE MATH SAID
UNE S 89 58 E 14401 FT TO THE POINT OF BEGINNING AND CONTAINING 17 81
ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT
BEARINGS ARE BASED ON THE EAST UNE NE1/4 SECTION 35 (BEARING
FROM VALLEY CONTROLS 0 33 W)
E 451217 B 0547 P 437
ALASKA ARIZONA COLORADO UTAH
EXHIBIT F
EXHrarr F
RESOLUTION NO 2462
A RESOLUTION OF THE GRAND COUNTY COUNCIL
APPROVING MOAB SPRINGS PLANNED UNIT DEVELOPMENT,
PRELIMINARY PLAT, AND ROAD DESIGN SPECIAL EXCEPTION
WHEREAS Moab Springs Ranch PUD Club Utah Revert Group LLC ('Applicant) is the owner of record
approximately 16 84 acres of real property located to the RG Range and Grazing and HC Highway
Commercial Zone Distncis more specifically descnbed as follows
MOAB SPRINGS RANCH P.0 D. BOUNDARY DESCRIPTION
DESCRIPTION OF A PARCEL OF LAND IN THE NE V4 SECTION 35 T 25 S R 21 E SLM GRAND COUNTY
UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NE CORNER SECTION 35 T 25 S R 21 E SLM AND PROCEEDING THENCE
WITH THE EAST LINE OF SAID SECTION 35 S 0' 33 W 836 9 FT TO A CORNER THENCE WITH THE NORTH
LINE OF SWASEY N 6r OW W 4882 FT TO A CORNER THENCE N 6r 12 W 109 i FT TO A CORNER
THENCE N 27• 51 E 80 0 FT TO A CORNER THENCE N 62.12 W 109 7 FT TO A CORNER THENCE S 27 51
W SO 0 FT TO A CORNER THENCE S ii' 3W W 148 7 FT TO A CORNER THENCE N 24' OT E 56 7 FT TO A
CORNER THENCE N 24* 30' E 95 i FT TO A CORNER THENCE N 33* 04 W 541 FT TO A CORNER THENCE
N 55* 45 W 53 5 FT TO A CORNER THENCE N 70* 24 W 96 4 FT TO A CORNER THENCE N 81. 06 W 47 0
FT TO A CORNER THENCE S 70' 48 W 25 2 FT TO A CORNER THENCE S 16* 46 W 63 0 FT TO A CORNER
THENCE WITH THE EASTERLY R-O-W OF U S HIGHWAY 191 ALONG THE ARC OF A 3 869 8 FT RADIUS
CURVE TO THE LEFT 460 8 FT (SAID CURVE HAS A CHORD WHICH BEARS N 45* 03 W 460 5 FT ) TO A
CORNER THENCE WITH SAID R O-W N 48• 28 W 1604 FT TO A CORNER ON THE NORTH LINE NE V4 SAID
SECTION 35 THENCE WITH SAID LINE S i9. 56 E 1 4401 FT TO THE POINT OF BEGINNING AND
CONTAINING 16.83 ACRES MORE OR LESS CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT
BEARINGS ARE BASED ON THE EAST LINE NE V4 SECTION 35 (BEARING FROM VALLEY CONTROL=S
0* 33 W)
WHEREAS the Applicant submitted an application seeking Preliminary PUD and Plat approval for a
mixed -use resort development which is best descnbed as a HC Highway Commercial Planned Unit
Development and including the following elements
• 36 Condo Units (15 duplexes and 2 triplexes) with an average sure of 1 200 sq ft on six (6) lots
• Underlying land will be owned in common undivided interest by the respective owners in each
phase
• Open Space and amenities (swimming pool pond spring and picnic/playground area) occupy
11 73 acres (approximately 69 percent of the site) including the steep areas on the northeast side
of the site afld will be owned and managed in common undivided interest by the Resort Master
Association
• Support Commercial Structures will total 3 700 sq fL for the following uses bicycle and
recreational equipment storage swimming pool support such as reslrooms, showers spas and
lockers meeting rooms laundry office food service and equipment storage and maintenance and
• Two (2) parking spaces are proposed per condo unit, plus space is available for on -street parking
WHEREAS the Grand County Planning Commission reviewed and recommended conditional approval of
the Moab Spnngs Ranch Preliminary PUD and Plat on October 6 1999
WHEREAS due notice was given that the County Council would meet to hear and consider the proposed
Moab Spnngs Ranch Preliminary PUD and Plat in a Public Hearing on December 6 1999 and
Moab Springs Ranch PUD and Plat — Pee 1
E 451217 D 0547 P 438
WHEREAS the County Council did considered all evidence and testimony presented with respect to t e
subject application
NOW THEREFORE BE IT RESOLVED that the Grand County Council hereby approves the Moab
Spnngs Ranch Preliminary PUD and Plat and Road Design Special Exceptions as follows
1 With respect to the requested Road Design Special Exceptions, the County Council finds that the
proposed roads design exceptions excluding the requested vertical curve exception do not
unreasonably endanger the public health safety and welfare and that a stnct application of the road
design standards would be detnmental to the site specific environment and approves the following
Exceptions
Design Issue Adopted Private Approved Exception
Lane Standard Standards
Lane width (ft ) 11 ft 10 f1
Surface width (ft ) 24 R 20 ft
Right -of way wndth (ft ) 44 ft 40 ft
Design speed (mph) 20-30 mph 10 mph
Max grade (%, 12V. None
Min centerline radius 1 150 ft 90 ft
Cul-de-sac radius 40 ft Hammerheads
2 Wrth respect to the proposed rezoning to HC Highway Commercial Planned Unit
Development the County Council finds that the proposed Moab Springs PUD is consistent with the
rezoning cntena of Land Use Code Art VI B 3 a and that the proposed area regulation variances
are appropnate for the PUD setting and therefore the Council hereby approves the rezoning and
the associated PUD area regulation vanances as follows
Minimum Lot Area 600 sq ft
Intenor Front and Rear Setbacks None
Side yard Setback for Shade Structures between Condo structures 1 foot
Extenor Side yard Setback 10 feet
Pnvate nght-of-way encroachment for Histonc Ice House 7 foot encroachment for Ice House
3 With respect to the Moab Springs Preliminary Plat, the Council hereby approves the Preliminary
Plat subject to the following conditions
A Applicant shad agree to connect to a public dnnking water system and sewage disposal system at
such hme as it is available and ready for use
B Formation of a Homeowners Association or other similar entity that will own and be responsible for
the maintenance of all common facilihes (i a water system sewage disposal system open space)
in accordance vnth the requirements of LUC Art VI H
C Covenants shall provide that those portions of such document prescnbing ownership and
maintenance responsibilities for common facilities may not be amended without County Council
approval
D A plat note shall be added to the Final Plat indicating that the open space tract is restricted in
accordance with the requirements of Land Use Code Art III R 6
E The review and approval by the Grand County Fire Marshal of road design exceptions fire
hydrants and fire flows in accordance with applicable provisions of the Uniform Fire Code
Moab Springs Ranch PUD and Plat — Page 2
E 453.217 90547 P 439
F A 10MPH speed limit shall be posted along all internal roads and speed bumps or cross gutters
shall be incorporated
G A public trail is located along the highway nght-of-way in accordance with LUC Art IV F
PASSED, ADOPTED, AND APPROVED by the Grand County Council in open session this 20th day of
December 1999 by the following vote
Those vohng aye
6
Those voting nay
� f 0.,t_
Absent Jung e_ f
Grand
Al McLeod Chairman
ATTEST ll �j
41.surt 44.-sc_d__/
Fran Townsend aerk/Auditor
Moab Springs Ranch PUD and Plat — Page 3
E 451217 D 0547 P 440