Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
RES-CC-2015-14
CITY OF MOAB RESOLUTION #14-2015 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT AND CONDITIONALLY APPROVING THE FINAL PLATS FOR THE "ENTRADA AT MOAB" MASTER PLANNED DEVELOPMENT PHASES 1-3 ON PROPERTY LOCATED AT 600 WEST 400 NORTH IN THE C-2 ZONING DISTRICT WHEREAS, Chad Clifford, "Applicant', as Snow Hound Moab, LLC has applied for a Master Planned Development to construct a 45- unit townhome development with a pool and clubhouse on a 4.6-acre piece of property located at approximately 600 West 400 North in the C-2 zoning district; and WHEREAS, the mixed residential/commercial use is allowed in the C-2 under an approved Master Planned Development application as provided in Code Chapter 17.65; and WHEREAS, the Applicant provided the City with the necessary documents, plans and drawings to complete the application for review of the preliminary plan of the proposed Entrada at Moab Master Planned Development ("Development") as required in Code Chapter 17.65; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing to hear testimony and determine compliance with the requirements of MMC Chapter 17.65, Master Planned Developments on March 13, 2014; and WHEREAS, the Commission, having considered Staff recommendations, and discussion of the pertinent aspects of the Development, adopted Planning Resolution #05-2014 recommending that Council conditionally approve the Master Planned Development; and WHEREAS, the Commission, reviewed the final plat for the Entrada at Moab Phases 1-3 on August 8, 2014, and having considered Staff recommendations, and discussion of the pertinent aspects of the Development voted to favorably refer the Final Plat to Council with conditions; and WHEREAS, on April 14, 2015, the Moab City Council reviewed the Final Plat for the "Entrada at Moab" Master Planned Development, Phases 1-3, and found that said Development meets or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L 101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC 17.65.060. 3. The developer shall work with the city engineering and public works departments to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 4. A Development and Improvements Agreement for Phases 1, 2, and 3 shall be approved by the City Council. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #14-2015 conditionally approves the submitted Final Plats for Phases 1, 2, and 3 and the Subdivision Improvements and development Agreement of the Entrada at Moab Master Planned Development, and the Mayor is directed to affix his signature to the Agreement on behalf of the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on April 14, 2015. SIG David . Sakrison, Mayor Page 1 of 2 Resolution #14-2015 ram• ST: _ = Rge,h6Sretit‘Regat et ' : °°0•i.....•.' -, Illli'1tI'!1 !II.S : ,,1;1111i` J / • • (/ •li` 1•!:: i..l 11 1 ..,, .: I;:I: i:,:... I:::, t r: qlf ; e t t: j)) )t l'tJ V 1 ,I I I t I ) 11 �1 'I: ,.. ...`.. PI NI 'I! 1.11.3i f,. i' ,. . i .. I, .f '� S' ... !:i.. . '! I`:.'t!1 f!1.II :.• .. fl', it: f :, i Si 1.: :'.•' SS it j11 1 • I! S I:: I 1 � ISi III i i i + i, .... •. it S!'l , ..• ,. II 1 II: Hi; SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For Entrada at Moab, Phases One through Seven Master Planned Development For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Snow Hound Moab, LLC, (Subdivider) mutually referred to as the "Parties", do hereby enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (City Code) Sections 16.20 and 17.65.120, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. A. The City Planning Commission (Commission), as the recommending body to the Land Use Authority for preliminary subdivision plat and Master Planned Development approval, after following all required procedures and meeting noticing requirements, approved a Preliminary Plat for the Entrada at Moab Master Planned Development (MPD) on April 8, 2014 (the Subdivision). B.. On August 10, 2014, the Commission, after following all required procedures and meeting notice requirements, recommended conditional approval of the final plan for Phases One through Three of the Entrada at Moab MPD to the Moab City Council (Council). C. The Council, as the Land Use Authority for Final Plat approval, approved the final plan for Phases One through Three of the Entrada at Moab, MPD at its regular City Council meeting on, _A r; 2015. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entitled ENTRADA AT MOAB MPD CONSTRUCTION Lea DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets po` a�o3 C ► -�� TP1- ?PS, Pt- 03 inclusive, dated .4P,.; I 3 , 2015)-Car)having been prepared by Focus Engineering and bearing the stamp of a licensed Professional Engineer and landscape plans having been prepared by Bratt, Inc. and bearing the stamp of a licensed Landscape Architect, attached as Exhibit A (the Construction Plans). The Construction Plans show in sufficient detail the Required Improvements for the Subdivision. II. AGREEMENT IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY 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 Cti New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 2of12 . Property) is described as follows: Section 35; Beginning at a point which bears North 38.8 feet and West 384.0 feet from the Southeast Corner of section 35, Township 25 South, Range East, SLM; thence North 89°50' East 435.3 feet; thence North 114.5 feet; thence South 89°54' West 100 feet; thence north 261 feet; thence North 89° 56' East 575.3 feet; thence South 377.2 feet to point of beginning. 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 calculated and paid at the time of connection or the time when the service is performed. The uses permitted in the Subdivision shall correspond with the residential uses as established for the C-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 and activities: APPROVED LAND USES FOR THE PROPERTY: Usage/Density Acreage Percentage of Project Acreage 45 townhome units/lots 1.37 30 CIubhouse/Pool Area .32 7 Open Space Passive Active 1.915 .15 1.765 42 Streets, Roads, Parking .995 21 Total Acreage 4.6 100 a). The configuration of the Subdividion and the uses therein shall conform to the Construction Documents as set forth in this Agreement. 3. Phasing Plan. The Subdivision will be constructed in seven phases, as set forth in the Phasing Table attached as Exhibit B. Subject to compliance with this Agreement, the Subdivider may submit for approval by the City and recording separate final plats encompassing one or more phases of the Subdivision. New Business - 7-4 Entrada at Moab MPD Phase 1-7 S!A Page 3 of 12 4. Required Improvements. Subdivider shall construct all of the improvements to the Property shown on the Construction Plans, and as described in the Subdivision Improvement Schedule attached as Exhibit C (the Required Improvements). Required Improvements shall include the public improvements shown on the Construction Plans, as well as the following: (a) Site clearing and removal of obstructions; (b) General site grading of the Property; (c) Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; (d) Streets, curbs, gutters, and sidewalks; (e) Street striping, signage, and street lights; (f) Storm water drainage facilities; (g) Non -motorized pathways; (h) All landscaping, irrigations systems, fencing, or other visual screening required as a condition of approval; (i) all electric utility lines, cable television/data, and telephone lines; and 0) all incidental improvements necessary or specified for use and occupation of the Subdivision. 5. Phase One through Three Improvements. Phase One through Three improvements include: a) site grading for the entire Property; b) construction of the curbs, gutters, sidewalks, and street paving as shown for Phases One through Three; c) construction of a sidewalk twelve (12) feet in width along the frontage of 400 North Street; d) culinary water line replacement in 400 North Street; e) inspection and (if necessary) replacement of the storm drain in 400 North Street, as determined by the City; f) installation of all culinary water lines and sewer lines as necessary to serve Phase One through future Phase Seven; g) installation landscaping equal to that shown on the North boundary of the Property (Landscape Plan L 101) along the East boundary of the Property; and h) all other Required Improvements to serve Phases One through Three. a) The parties acknowledge that the phasing plan contemplates the installation of utilities in advance of approval of development plans for future Phases Four through Seven. With respect to culinary water and sewer lines to be constructed in within the areas planned for future Phase Four through future Phase Seven, the Subdivider agrees to promptly convey a utility easement to the City encompassing the areas occupied by those public improvements as set forth in Exhibit D. b) This Agreement and the accompanying land use approvals by the City are expressly subject to the condition precedent that the State of Utah Division of Environmental Quality (DEQ) approve a written special exception with respect to Utah Administrative Code R309-550-7 pertaining to the proximity and alignment of the proposed culinary water and sewer lines in the Construction Plans. In the event that the special exception is not approved by Utah DEQ, this Agreement and the accompanying land use approvals shall be void and of a/ New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 4 of 12 no further effect. 6. Phase Four through Seven Improvements. Improvements for Phases Four through Seven shall include the construction of all other Required Improvements for each phase. 7. 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 PIans 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, applicable building codes, and all state and federal regulations, as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 8. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements for Phases One through Three shall be completed within one hundred eighty (180) days from the Effective Date of this Agreement. a). Construction of Required Improvements for Phases Four through Seven shall be completed within one hundred eighty (180) days from the date of ' approval of the final plan by the City Council of those phases. b). A reasonable extension of time for the completion of the Required Improvements for any phase 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 or the approval of any particular phase, as applicable. c). 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. 9. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City. 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 the phasing plan in this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section 11 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 for the phase in which that lot is situated. Any purported conveyance of lots by Subdivider prior to approval and recording of a final plat for any phase of the Subdivision, New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 5of12 or otherwise in violation of this Agreement, shall be void. 10. 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 PIans and/or applicable reference standards. Subdivider or its authorized representative shall provide not less than forty (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 a sum 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). Cost estimates for the public improvements for Phases One through Three shall be provided by Subdivider to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. Cost estimates for Required Improvements in subsequent phases shall be provided to the City concurrent with Subdivider's application for final plan approval as to those subsequent phases. d). The Warranty Deposit shall be paid by the Subdivider before recording of the final plat for any phase. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Subdivider upon expiration of the warranty period for 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. 11. Financial Assurance. If the Required Improvements are not completed within the C !� New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 6 of 12 one hundred eighty (180) day deadline specified in this Agreement, or if Subdivider desires to record a final plat in advance of the completion of the Required Improvements, 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. 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, as reviewed and approved by the City Engineer in writing, ofthe remaining improvements which are not completed. If Financial Assurance is approved according to this Section 11, Subdivider shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement or, with respect to Phases Four through Seven, the date of final approval of the applicable phase, in which to complete the Required Improvements. The parties agree that, with respect to Phase One through Three improvements, Subdivider may elect to deliver a Financial Assurance to secure completion of any of the Required Improvements. 12. Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in Iieu of same, a Financial Assurance approved pursuant to Section 11, 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. 13. 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: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City and signed by a professional engineer serving as agent for Subdivider; 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. GL New Business - 7�4 Entrada at Moab MPD Phase 1-7 SIA Page 7 of 12 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. 14. 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. 15. 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. 16. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements for the phase in which the structures are located, as provided in this Agreement. 17. 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. 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. G� New Business - 7-4 Entrada at Moab MPO Phase 1-7 SIA Page 8 of 12 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. ' 18. Covenants and Recording. Subdivider shall provide a declaration of covenants, conditions, and restrictions (CC&R's) which are consistent with the terms of all development approvals for the Subdivision prior to the recording of the final plat for the first phase. The CC&R's are subject to review and approval by the City Attorney prior to any recording. a). This Agreement shall be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. 19. 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 any 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. e). 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 G (I New Business - 7-4 Entrada at Moab MPD Phase 1-7 S(A Page 9 of 12 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. h). 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. i). 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. j). 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: To the City of Moab: • City of Moab 2.17 East Center Street Moab, Utah 84532 Attn: City Manager To Subdivider: Chad Clifford Snow Hound Moab, LLC 10266 Oak Creek Lane Highland, UT 84003 Phone: 760-845-9758 Email: cc@msdland.com k). 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. 1). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 20. 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 G(/ New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 10 of 12 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. 21. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 22. 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. Subdivider shall obtain a grading permit as required and pay applicable permit fees. Subdivider shall employ best management practices to prevent or control erosion and/or pollutant discharge resulting from its construction activities. 23. Minor Plan Amendments. The City Planner shall have the authority to authorize in writing minor plan amendments as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions or design problems, provided that all such changes must be consistent with the overall intent and purpose ofthis Agreement. 24. 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 for Phases One through Three of the Subdivision. 25. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: A. Construction Plans B. Phasing Table C. Subdivision Improvement Schedule D. Access and Utility Easement cG New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 11of12 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 Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: SNOW HOUND MOAB, LLC Chad Clifford, Its MatlberDate STATE OF Co\OfcC/)(3 c>q )SS. COUNTY OF•Eftb ) The foregoin agreement was executed before me by Chod e 1., ca , this Qskh day of {'t , 2015. Witness my hand and official seal. My commission expires: 0,4451.4 S G 1 g.01 (p . Date y _a - Ts' CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018824 My Commission Expires August 6, 2016 Address: New Business - 7-4 Entrada at Moab MPD Phase 1-7 SIA Page 11 of 12 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 Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: SNOW HOUND MOAB, LLC Chad Clifford, Its Mana• Date 0 60 STATE OF�4C��°- ) ,eAR,S1, )ss. COUNTY OF (fiiiak÷113- ) Date The foregoin agre ment was executed before me by CY ekiii G<<OCOk , this $%h day of PrQc'tl , 2015. Witness my hand and official seal. My commission expires: u� [g 2010. CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID *20074018824 My Commission Expires August 6, 2016 J Notary Public, Address: New Business - 7-4 Entrada at Moab MPD Phase 1-7 5!A Page 12 of 12 STATE OF UTAH )ss. COUNTY OF GRAND The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: New Business - 7-4 Entrada at Moab MPD Phase 1-7 5!A Page 12 of 12 STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: New Business - 7-4 ACCESS AND UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Snowbound Moab, LLC, a Utah limited liability company (Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality(Grantee), as follows: 1. Grantor conveys to Grantee a non-exclusive easement for ingress/egress, construction, maintenance, and improvement of underground municipal culinary water and sewer pipelines, over and across the real property in the County of Grand, State of Utah, as described in the legal description prepared by Focus Engineering & Surveying, LLC, June 17, 2014, as described in Exhibit A, attached (the Easement). 2. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property in perpetuity, unless abandoned by Grantee in writing. 3. Grantee shall substantially restore the surface of the Easement to the condition existing prior to disturbance following all construction and maintenance activities. Any structures or improvements which may be placed within the Easement by Grantor or others may be subject to removal by Grantee. 4. Grantor shall not interfere with, obstruct, or deny access to Grantee for actions undertaken consistent with the purposes of this easement. 5. Grantor warrants that this is a valid and binding obligation, executed after having obtained all lawful authority. 6. This Easement is govemed by Utah law. Venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. Conveyed as of the date of execution by Grantor, below. Snowhound Moab, LLC By: Chad Clifford, Manager ACKNOWLEDGMENT The foregoing Access and Utility Easement was executed before me this 911day of Apc , k, , 2015 by Snowhound Moab, LLC, by and through Chad Clifford, its manager. Witness my hand and official seal. My commission expires: 01-1-5(A.S4- Ca )P014) . CHERYL A. STAHLY NOTARY PU8L1C STATE OF COLORADO NOTARY ID #20074018824 My Commission Expires August 8, 2016 Notary Public, State of 4tein C co.cdo EXHIBIT D New Business - 7-4 (Entrada at Moab Phasing Table) Phase Development Included in Phase One 4 Townhomes for residential ownership and the use of short term and long terra rentals Two 8 Townhomes for residential ownership and the use of short term and long term rentals Three 8 Townhomes for residential ownership and the use of short term and long tern rentals Four 8 Townhomes for residential ownership and the use of short term and long term rentals, Pool , Clubhouse, and pedestrian amenities Five _ 6 Townhomes for residential ownership and the use of short term and long term rentals Six 7 Townhomes for residential ownership and the use of short term and long tern rentals Seven 4 Townhomes for residential ownership and the use of short term and long term rentals Page 14 of 28 W EXHIBIT B New Business - 7-4 (Subdivision Improvements Schedule) General. . The Entrada at Moab Project is being developed in seven Phases. The required Subdivision Improvements for the Project will consist of certain onsite and offsite infrastructure improvements. The Subdivision Improvements will likewise consist of seven separate phases ("Subdivision Improvement Phases') and will be tied to the development of the seven Phases for the Project. The Phases of development for the Project and the associated Subdivision Improvements for the Subdivision Improvement phases are summarized below. Phase Ong ,Phase One 1Develonment. Phase One of the Project will consist of the following development components: Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Imurovement Phase - Phase One. The Subdivision Improvement Phase - Phase One will include the following: 1. Internal Subdivision Roads. The main accesses to the Project from 400 North Street will be constructed as well as all internal streets (470 North, 600 West, and 650 West. Curb and gutter and the street surface of the interior streets are included in this phase with the sidewalks being constructed prior to issuance of a Certificate of Occupancy. 2. 400 West Frontage. The sidewalk and access into the Club house parking area that is adjacent to 400 North will be required to be constructed in Phase One. The required sidewalk is 12 feet in width and shall be constructed in a manner consistent with the Moab Construction Standards. 3. Parldng. The developed parking in this phase will be limited to those spaces required for the units and the extra parking being provided by the developer for the units. 4. Stormwater Management. The proposed stormwater detention area is required to be constructed for Phase One. In addition, a storm drain that is located beneath the sidewalk and parallel to 400 North Street will be inspected by city staff for deficiencies and replaced. 5. Water System. Connections to the City Water System will be made by the City and a necessary increase in the size of the 400 North water line for this development, shall be completed from 500 West to the development. The City has negotiated additional easements from the adjacent Orchard Villa development to extend a water connection to other supply lines in the area. The developer shall extend water lines to the boundary lines for connection to these existing supply lines. The eastern extension shall be directed approximately 140 feet to the south to tie into an existing line and the plans need to be amended to reflect this change. These connections will improve the water system for the adjacent properties as well as the Entrada at Moab development and provide greater flow capability for fire protection. The water lines shall be extended throughout the development with Phase One as proposed by the developer. Page IS of 28 by EXHIBIT C New Business - 7-4 6. Sanitary Sewer System. Connections to the City Sanitary Sewer System will be made and collection lines will be installed to serve the entire Project as proposed by the developer. 7. Shallow Utilities. Electric, natural gas, cable television and telephone lines will be extended with the construction of the water, sewer, curb, gutter, and sidewalk within easements and rights -of -way to serve Entrada at Moab, including each of the lots and development parcels included in Phase One. 7. Landscaping. A small amount of the required perimeter landscaping is located between the extension of 650 West and the project bounrinry line. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, • Phase Two Phase Two Development. Phase Two of the Project will consist of the following development components: Residential Units. Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as . well as long-term rentals. Subdivision Lmnrovement Phase - Phase Two. The Subdivision Improvement Phase - Phase Two will include the following: I. Internal Subdivision Roads. Street surface, curb and gutter will be completed with Phase One. Sidewalks will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Two. 2. Parking. The construction of parking in this phase will include those spaces required for the units and the extra parking being provided by the developer for the units. In addition, an overflow parking area consisting of 11 spaces will be constructed during this phase. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each townhome lot included in Phase Two during construction of Phase One. 5. Sanitary Sewer System. Sanitary sewer service for this phase will be completed during the constructed of Phase One. The sanitary sewer system will be extended to each lot in Phase Two. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Two. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Two are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any stricture constructed in this phase, Page 16 of 28 G4<. New Business - 7-4 Phase Thrize Phase Three Development, Phase Three of the Project will consist of the following development components: Residential Units Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term and long -ten n rentals. Subdivision Improvement ,Phase - Phase Three. The Subdivision Improvement Phase - Phase Three will include the following. 1. Internal Subdivision Roads. Curb, gutter, and street surfaces will be constructed in Phase One. Sidewallcs will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Three. 2. Parking. The developed parking in this phase will be those spaces required for the units and the extra parking being provided for the units by the developer. 3. Stormwater Management Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Time during construction of Phase one. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Three during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Three. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Three ee are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase. Phase Four Phase Four Development Phase Four of the Project will consist of the following development . components: Resfdendal Units. Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Amenities. A Pool and an associated Clubhouse will be constructed during this phase. A majority of the pedestrian amenities will also be included. ,Subdivision Ifmprovemext Phase - Phase Four. The Subdivision Improvement Phase - Phase Four will include the following: Page 17 of 28 Gv New Business - 7-4 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Prase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy. 2. Parldng. The parking in this phase will be developed for those spaces required for the twits and the extra parking being provided by the developer for the units. An additional 7 space parking area between 400 North and the clubhouse will also be constricted 3. Stormwater Management Appropriate grading and construction of improvements shall direct the stornmwater into the required detention area at the north end of the Phase as well as into the two detention areas located in Phases One and Six. 4. Water System. The water distribution system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot.or parcel included in Phase Four. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Four are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase. Phase Five Phase Five Development. Phase Five of the Project will consist of the following development components: Residential Units. Six two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Five. The Subdivision Improvement Phase - Phase Five will include the following: 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the 6 townhome units and the extra parking being provided by the developer for the units. 3. Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention areas located at the north and west edges of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Five during construction of Prase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Five during construction of Phase One. Page l8 of 28 G C/ New Business - 7-4 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Five. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Five are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, base Six Phase SA Development, Phase Six of the Project will consist of the following development components: Residential Units. Seven two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision bnprovement•Pl'ase - Phan Six. The•Subdivision Improvement Phase - Phase Six will include the following: 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constnuxed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the seven townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the street and to the_requmred detention area adjacent to 400 North Street. 4. Two culverts will be required along with shallow swales to convey stormwater runoff. Two concrete cross -pans will be constructed to convey stormwater runoff across the surface of Lionsback Drive. S. Water System. The water distribution system will be extended to each lot included in Phase Six. 6. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Six. 7. Shallow Utilities. Shallow utilities will be extended to serve each lot included in phase. Six. Phase Seven Phase Seven Development. Phase Seven of the Project will consist of the following development components: Residential Units. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Pie Seven The Subdivision Improvement Phase - Phase Seven will include the following. • Page 19 of 28 L& New Business - 7-4 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the stmrctures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the 4 townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area located at east edge of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Seven during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Seven during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Seven: 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Seven are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any stnzcture constructed in this phase, Page 20 of 28 G� New Business - 7-4 VICINITY MAP f (4 „ . • ENTRADA AT MOAB 1:4 et:72.:.?...1t,1"4311VAL" ••••• " "VA.= ti NOTICE PREPARED FOR: VERITAS, INC. LOCATED IN MOAB, UTAH . - SITE MAP ENGINEER'S NOTES TOCONIRACTOR r ,19 • • - CONTACTS Silas List Table s4ed Numb,. Dow Tide CI 0... 0 helm.. rho ci Ram re ors sr.u.P1.. C4 SA; DiA. II.4 LOOK ,IIII C3 Onrtes ..5 Dturgel'I. ce Dele.... Am 0 Way Toe oi Ito.. Moo CI Denekeee Pia PPI 00 S.....1.1.1 sed !mac 1,11 6D3 Wal II. .ael Mate prl 170 No* fir ..13.1.31. DI Ca. Das& D2 Ory Dud. ID Adttlaul Mulls F3I Nal fla nag I 1T2 kw Mar...2 ' fp2 14.111.01....! reVt".. ollAINIC SCADS ot, New Business - 7-4 ' r. hI .. - I TurAON i� Twr. w onW.� wcna. n 1 .I.111On10lT. WV.. UV .Y.. ENTRADA AT MOAB PRELIMINARY PLAT A RFSIDEYTIAL PLANNED COMMUNITY LOCATED tN THESE IN Of %Emma SS TTSS. Rtl, St RAM MOAB. UTAH BOUNDARY IESCRRTION • .r.+r m. ..i..O...r_.N..arrIr.r...rrr....So r. hp OR b.►.eam..tr..1.1r.r.oro+.r.n.S. ��..fr r re r r w /w raw...t_.. On. el awl. n.maaa.f Y.& Osmw.. rwmawerwl..gn.aSea �r1.1.. M .o� r. r•.1+.7.1 i f. r. =T'11411Y fAif ......r iMM 111.1.1. r•�tin.b O.Y. J-Tocho ,-_ BERE E F t Mani �• w:.i.iw..i.►iw. ..im.eaou.... -M.:our • 4+aTwinamt - —�_....`s1a'_::q••�w:.._.-a:ac.a.:_ca...�...-• ra.---='= viceo.n �.sr ._� 1. Raaa�3�s=ratv.a.caeaa swt.n10.L1 'Y LL Y.IZAIYT UAW .iM.r..�.hemr mom Maw H a Ac/o� i , 7 4 PRELIMINARY PUT �( i OM.. .r, New Business - 7-4 arlb •i;W ,raa410 .�SCINV 0 7I,1MIA'iACif 0111 f�lO01O �sn =liiit1 f1 u��'t���ii�i a 1i iirsvg", �. G IIIII, a I••{1 ltllii�•�•a•�•t. s1••1+{ (I�I� Itt� I • . : � �•.i •W i 7• mid ands ',ado pue sanimA .�.n vos, quoyq EpElag r. - r �j- `'' 1. ,. S• 1- r• •....�.�..� r ••••1 ar�wry: • .L .LT. ' r 1 A �f R U L �1. i h .1_ P •A R g it .1—.i l _ { • r1 a. td...415# •• a )1 Y. . I �• •i § if a Ii• r:��� , .�.......'-' �i flNJ3AY h. w i11V11 :; Z •tl �tl I. V; i� r. ; a �•yt•r . i is e e New Business - 7-'4 . 9 r _. f ILL t ueid Ifu!itign Pug'ugiS'a8S in•mow groTAI ;B Epenua f s !1i s L!A- enNanv mt.". Tvn tje F•t 2 m if s New Business - 7-4 2 - SSOUIStla MON 14•• giBf 1 , I 2- -- f 111111111 g Ilip11111111/1111111:11 1 1 prin., 11.1 .ii I . . t I lett. •• • - 11. 11.11 01111.1 1111111111. 411 . 111,1111lil 110 ihij1 I III Pill! I oi 1111 111111 ill Olt 11111 I ili;UfI 111 1111 I 11 I i isjj 11101V I 1 TIPP!' 11111&1111111 11111 111 1:11 II lir I 111111 1/11111 11111 I I I 1111111111illinlir I it /111 110 11 lie 41 ill 11111 I Sill !HI 11 I hit 1112111 1111111 11 I 111.1.••• • Entrada at Moab Moab, trr Grading and Dminagc Plan US. T/10IIIMPICI Ale /211ITIVIO. UZ ..110[1.101...• I .•.••v... trOiYrM w1/.ID' me 1.01MUM PI 2 1 unmans cowocascoaP7 °sn r+ 111 I old, ^uahuopo gEoyA mug a k ill;I '11 'Mutt • .�. ,..1 1 .1 I 1 ` Ihilti IIII;iu 11111111 Y111I1 11111114 11111111 E 111111 t fiii; iui [lot ICI I, iiPi 1111111 EI f 3 t 1 3 i i r. New Business - $58U1S1118 MON r :_ • Entrada at Moab Monk UT Utility Plan US. CMODcaie AND WILVATDC. us ,.. A. elm10.1 ;me raw. - Sfall!Srla many t: L HALE AVF NtlE 11 ; ; 1 .7'11; e tcf: Entrada at Moab Moab. UT Phasing Plan DICRign.,10.0 AMA,. LIC MI MR, no Wry ha ru men UOPROVUOCI In 'CROW quow le upuxing ==-121 IM1112•2 M=IMMINNINNIMILI MMME=::1=116:10 NEOlin:Z=1 New Business - ...,..�,.... �..,•.•�,� .9., .,m..,e.d in'MASA fWI oN[Z IPCOOG sn i • a10oid pus mid MAN 00 in'Fow• quoYAI upsAug 1" {- C: R �i 1 a :rz 4 .tea u�a wavm.v..n ■W.wura..1 917.011aitA l S m1Y OKIIMII010 •S . • • . Ili. �1.\.. M. •... • ..., ; I�. algold PuB uBld 1stM 009 ui vow quoyx 18 epegug x New Business - c ssaupng MON TF .43 fi n >r .,.••• gay `. Entrada at Moab Moab, UT 470 North Plan and Profile '7=L - ssaupng maN r It i i 1 1 d •ig 1 ' 1 a! $$Ia Vice. - ! i It,Iii � .r.0 9 Y .;:PRP ) 111 1.1,1 i @ 4;, 1 t 1 1111 II1 1� ;.1 $1 ;;t 1 f! $ . ,-ma.._ 4 I• i ...t. 1 'risr i{ 4 .7tw 10! i ?.. 1 Ti i 1 4 1: 44 -iii � � p w's. �{ ii{pi0 ' !In,n, 1 K 1 s `4 f1 vrnmoiml il«:�.7 ..4iii4 7ti .27 t r i jJ. ........hi. R 1L'I:: sigh = g s d Entrada at Moab Moab. UT City Details .• US. orMery. 1 IMOV210.90•Von,IMI IMMO NM Ng 3T1.0.11.0AWR ON. oearedmmi. sIP3PCI 15!0 in Vim (pow vpv.ijug —\ ' vra ciao% New Business - 7-4 1 7 I. New Business uszmitz 11=0:1111 CZ1 C:=1 Etl1==l1M=M IOC= II= ob. Yam U. yo.:o Pima.. • • ma, V ••• •••••-• •• •••••••• Roo n•a. ••••••• lEgum ••••••• ,... _ 00.101../..•• Fut aso.U.110 47; US. OZOSUOLW NO. IlvIMING. Ur OAMPLIMILNIN 4116,(3411. ...11••••••=. ENTRADA AT MOAB PHASE I TOWNHOME SUBDIVISION LOCATED IN THE SE} OF SECTION 35, T25S, 1221E, SLB&M MOA& GRAND COUNTY, UTAH mama A _ 207 301 i Ph 302 XO fAY - — OLOY:C1L-Lo issaWimir MOTES a ...••••••••••••••11•1.1..saltadM/1.11101 Ineraltallireare..111 ineMlorol...1.1110.••••r 110.••••••••••11.00•• 1411.1...111aMaa10 40.101 WOW. 016.11•111 a.00 moan) ' IMMI.LIONINIP41/ NMI /MPS •11•1111[11p. sinvitrars =mum =====.r.larrii 'ZOOM. ==.••• Yirerft. •• On 1.. 01•1•..1.1• ••••lin 46 .10. gift • mmeir As. .* •••••m••••••••••oe.....1.0.01*••••• WX*414tV • !,••••,....1.6.••••.1•1.a“1 1:m..Yeam In to/ tar• • •IMP aiambe Wa, . own= inamoknom = CISLOYA AT WAX " MASS 1 TOW :CM CARICYISION yrry===== 4..1111.01•••• •••••••••••••••••••••• LINSTIOLLOILITY AnDOKUKoporf 111•1•001 ENTRADA AT WAD MAU s ranfoomp SUNIVIS1011 V11.111•11.1.11.1011.1111P SMIMIMI.••••• hosc....41:1Amettai. ILYYLCACOMO= """ — • I.:===:"..*A.:=4:1,-- — COILULLDIX:COIL ViNcl 1.11.1 411.1.1Y WWI nutnitmasi ••••••••••••••••••.1.1101M.MINFIIIMMIVVOI ate.••• New Business - 7-4 lI Tort �. . LOCATION --1 JI ©© 011:=5:10 os::=11IC:11I canna ©r-s4a ElC ass =I=MEM CV. ti. r,•, it rr Fee re -- -- -efteNeMMINM NAI.LO•,.f US. vonNOOsioAND SLOW TWO.LIL M wpO\fl1F Nq.. lwr w..11.7N•6.I ENTR.ADA AT MOAB PHASE 2 TOWNHOME SUBDIVISION LOCATED 1N THE SE} OF SECTION 35, T23S, R21 E, SLB&M MOAB, GRAND COUNTY, (TCAH t t NIOIII .L.r.s.w.••Man.. r1r. wlr wee* w..w[WwAMArprrw V••...w,.. nw•.ww�..9rNO YAfILLI•INAVAV •Yw.O,.Fr,r .r\1 ....w•. •--=�..a - - - - - .Od • boOTN ......,mow. .«. -+"p------------------------ ---- 1 •ti•LL., CLOYIYOq C¢TmuTI �:. 4:_�;�:e..:-r ::_. rwr.r Fr.r.rwL rr•►.rrr� ,'••••1 " —rr IOUIDAAV Oerstroos rrw�rrf}.I.w YrwYOr FrLr Wf.• w+•rOrf.FM�w,rw•�ir•rw ' rr11== ...�. sAsiw•r.�r.:F: �: w�.iirr-iFr�r �,r�-pwrr��wiwrr�\r�rr �� ILA wl,lYr,•rw\\ rl.�rr,rr.�r.. ' 1h,ln F�Lw•r 4.. rr•YFRrrr Fr• Orr Yl,.,lr,r-� ONNfat OTOICATION w\Iw,rw+ wr.r..rtlrl\rr.,r DT..AT MOAB MAW f IOW N%4 SUIOIVTOON w�..,\ rli•wr .�w.r.�w.,,.�iw..� �r IMOITD WRl1TY ACKMOWLCDOMOR :M �i R1R101OM�i if MINNOW r...V v Wi.n.•----- ENTRADA AT MOAB TTIA/M TIMMS=IlncwmoN IOblw4.11•• IF.•NOwIIFY. sF1 Nrrn wr ta••+w. ..r..:...:. �.-- i4-•, ALAI -- l,w+..,s,, . essuzuatak ..,� _.w.rM : _ Mee . G� New Business - 7-4 tiwT� • n•• I.••• to Li. Y l+ r Lam_ �- J •...`•` ;.yap.., r•rr.r.. t : =.1 w•.•wr•. i 1 'S ENTRADA AT MOAB PHASE 3 TOWNHOME SUBDIVISION LOCATED IN THE SEI OF SECTION 35, T25S. R21 E, SLB&M MOAB, GRAND COUNTY. UTAH - • ' a aunts WALL iseszkentitment •M•• .r w. KIVU li 1 w.a,urrtr.....r..r.•w •i�••• •••r'4!•ALMIrt lrl14 a 4 •~i•rw•r:.a _ _. - kd'. _ t RTN j •I iur�oa tt•r .,,,, —{---,r----------------------1-----— —�— 1111WISt tl!••1•••• DOM E=A'10 LtANLYB,411 1.01.\TMIra w/AI•m..l W� VAIVeYOef=MCAT' \lr"R••••♦r• mil. ••Ir.r •r •Ir• ►r.r.0Y11yrY•rr•Y tYr.�r r••.f r•'\•wlrrlr••r.r• rrA•rrtr rr. Yrrw•Iw•r••r rl••rwr dmas*/ ••• •..\•ter r r•r►rr mrwr••••••r.rw\rrrwr.r.�..•• w r =ega . 1101.116Aar L1!''l PT1011 •rrrr••►t.m.a r••.IlrrYr•/ r•.•Oa .•. t••• ••r4••r••••►.••16•r M�•.•nr• r.. •••.r•••tirrl•••tr••.•r r=tMa •.. rr•trr!•Irr..•a••••• iv.rr w.lrsr N•101Ora �W•�•.i• rrytar10•1,1riwr i.�� •raw•••O••.•r•w•••Y•.••rw.r•••w r•••••/. am/ye w•! Yr •••••\ M •.• •rY wr •• •••• ••• no r• r.ti••r K•••M••a``••rrw• l.r or ow ••••Y •• •• ••••••••• •..•/•• r..•••r►•a••• trlalY11••••••1 ••• ---Lwr- 0.14L1 or*aTIai �w�r.'...�•.�::�irw.iwriw� r�.r:�: OReAGAT IIOA1 Tx7L'1014 r .Yrwrr• ... �w.wit..R.r..•.•1••......r•w•ra•..•.. •r••• rrrr === r••r.•r so ow r/w••r wrr.�.•rr•.• rr.o ru. �• •wr�.� r w r r•r1. •rr•.wr• rY.. L LSM[lm LIAiV LY ALyp W {ZOGILD► w��wl�•r�fv `i ww •. ,a,•ri•irw • e11211>7111. ENTRADA AT MOAB fluxes Torltw�lpmswansiott tip••• r•••MIr.1.a.M••ra•••• RL-. �wM...wM _. - !••,ice. .-rwVer •l.r•.4 Iwl/M..•e•�- =Ean .••aI••.MM•••••••w•••••••••Ir. New Business - 7-4 r� OUr h 01t s:nw)t11L11( _i, q►:01,V ireld adr.oiltur! Hid J New Business - tat81 •••.•. OK. ••.••e••'a•er •. AN ON. PLANTING SCHEDULE e..••. w C...r •,•..• R•..a S. Q.•r.. rK. rK• Y-0r rK• a......' J • » R.... ••.+..y ••n• }'Ke D Gen. Par.. 14.01 •.•w en••• rag+ b..r ✓.Mw 0.4 e•. T•.e..rl •••• •.r e...•• bow El.... r-•.•..•. 0... •.ogee +ea••• .a.w M m• ..1.1 en. fw•••i r nK✓ MON •.w. arla. •eew.w. �P•..1• •...•. etw• •w.•• t..: �t•�+.�i .r. ••••••e ..we y.... 0•.40.r.. MO. Seen. .•,..tie•. w ■••..w. es.....•• 0...4 NS* none. •. •Orea.• g-a• r u ...r K•• . 0..... No e..110 . dole here• p.. w seen• +w. C...1 1o0o w a•.••a•.. >KA .r » lr 7.4 erne ••.•lea wn.•n• oi.••• are+ r..w. ••• To....} .w• .•.• o.w••• .•r lOo. t••..r. e....r• Try ten•' dengue ...m i.. e..' now.. •► b•.1 srK ••••••• bob..• M. OW •.►✓• •.. /•gar .•• R.. M. .w• ..y.a It.M •..p .1.e..•• ••r NOTES 7••M .-Co a} .1 •.10le i.. w •r • r tw.n. r r im+ iwi w .•�r .�.w�rw ..�i ovia i . 1.01 r.. r ON..-•r .roes or IN.... a• .•srug• . W .•. w w .r m •»ogee. N .✓ .•• eaorK }1-am R,.fr••.1.r rYr.•. MOO ..•r Mr}Ir✓•••••r}L'Y M. r nil •sr . Imo .a . M.•• ...w !tt NM. .•. Oahe «.M•..• ...• Ps. .es .r.r N. • . ✓w .✓ • •...e•ep •.ni ow is 0.. . ••••...•.0 .• Y ..IeY neon N... bow ..•. Y.rw• . e...• V.• W M . wr.+•er • WN.N ••e oboe err • . r .r•. .i eon ern .• M ea...r A . 4.r N. w •• e,•n....ar r .eager No • • r ••• no•e•.. •.gore or ar r-e • •• « •.• w . or. .•r w a•• to N le ...a •r•+ ewe.• ,.. 0, ✓ r.rr an•• es u• ••erne N a. WM M.o. w .•w+• r..« e• WON. el SO Seen. •.. AN •.duel• r. a MOW le a ON. Oyer a.•rnr e1 L..In••e r.. •n•• r •• •..•.n p. ••l NATIVE SEED MIX • .� NAPE e.. rem. . ea. •ate .r• eN•..r Mar••• h•..f •..tang El O.a1.0 ..... I. .... ••P./W I.0.1t.••M• a. NA. .•• • .r.. WLL! r••.•..a /ear •..' e••.• No (OpP. f�.. •ry e, s...... ina •maw. •..SO . yW ]i7 •• .r• .••+.. a ►•.... •.Mgr CUO . ••••••� ew.• •.O... :r""?.f nw... um V . aa. ar • • •.. ✓ A « as •• w Ma. isa •....•} •s ...a Y a.r...•er e• ens.. era .a Mr-•r a.r • r•r •••• +••. r ............ s-Y../ •. ✓ • w • • •ra r tee r « .M• .• a ogee •r ..w ..noun .:urelulr m•v •••■ MIL OMR. .eW s •.6s r Oti'E7tc.r.RfFC rL4_\' IND n}TiIL WL L480ST4P£ PFBCFNTAGFS• reefed age: is Beds 2.1819 s t 45% Open Sedce / NOV. Sew 24,994 s! 48% 90. Uutch 3.835 a! 7S .••.• Oa i 1.2m6tapc 1)aiail< • MORO we. ,AWAY4 r. �.•,d� 1102 •a Y•.M • WeMefi or Yam L•. ..•• Ni• Y wool. ••.•t goals rr•i •fT;r.ib. lis Ycn ..0 G� New Business - 7-. 4 n J n o= 4i1LN \W vC x3Iiu1i SCALE r. - 20.-0" rrr""1 G= as E711cMEM 400 NORTH y Mri d WAIT. Y Yur. K Y MI tlN Y •9iiElIL •n wt New Business - 7-4 '17.1 - ssauisn8 maN tors �.15!•r -� - ... i Top((u'yteYuq 71 1J•O rp.y •0•••11/1 •Q.•. Rl•.3 Mb•. »we . se 1vq M M 7r 1404 A 40. • t•P•vO Pt I A1Y71AT _3A1VA aNI dnaa rain 1w A• t4si�i/r v.. Ina bone d ..It Or•1M W . B.ON. WO MI. MI.. AP OW.1••A S11uw 101 von. 17E 31w•• COON VIVA 1001•Sr 07.00.00 avt 01 3n1ron 3w O.rIIIS Sara '7717r7 •I 01107 01101 li 71••6 7tt1 10Y1.07 s)v 'korona •o3 N.M.. DU Os Are LO. 77 TOR 3.0% 1t143 1.74••• Tv J• 718r7.A• 3a TTI••1 J31a 34,435 rO1sAi 110.Y0a1111 3I11 Y san n s161033 310/01 (0 1.16.3 110.1 31/1 Ufa (0 30 30.001 -7114. woos 101 1•w 3010 O.T K01 cal 706 0311'10,403 IDI 31.71 7,•0/540117/ S• 11 Tnp IIII• Mal tin 1011'PJYM feet 1 gnaw711.1E Or• 1r3wD D or. own 77n10 01 Swt1311.0.1 3 S/003 03 ant 7.1 a1.7 KU 1� ilia* 7n d (s1 0313/0 03 )14313 1t AO 03T1.0. 30 Ol .113.301 /0.0.4 .t/1-1 '1010v01.00 .0.00 As 03Twis.. 30 Tvl6 3t7•A IA. OM' .rocs 0* MX 1011.0cYS .1/I-1 (H 10L331003 D 004 11, OW 001 3333'.33 13r0S7111 341111 11 =TWAY 77 01 i7 MU VOW. loner mul sia :pow ow CJ 4O. 30613•e h•11 .30.1 AMA 031 Tro6 IC 3vJ1l NlD N.M. Si .oA:71.100 D 1s10t It 301117331 70•I1 (Ar yt.,071.3,711 S.3.1sSvree••• 101 1071051.43 lwpl 11D 1v C3•A:W 70 01 73010 02303 Nf4 SI w>J /31 saps= T003 OP3.11 T.1S1r 01 '41f•Sr333•4 S• t1W11C 100r•0 T•IS.1 1S1Cell1 S.../0 rrit/S 311rS0 Cl 706104330 fl 003.11.0.07 tr. aretai•03 D 0011701 13.4)133343 Oa row* * 'e3.0 0 AA OlOr0.1 30 31 imago= 01 O04 (el 04) SAC• 714101•1Ar•/Sq•O 1.0.3e1 01 1017.1 Jl1.O. OJ c0A7•0002 3•31.v 0 .3S01r^ -Tr a0 37vm3•C7 •11041 WW1 01 03733101 Sv S11011AStMv .0013733•• 111. 01 777r0113. V t017g1•.77 We. TOW 11,1v13.0$ ApA Avw 03.SAS rOflY.gpu D r01.1',..11Y 1MS, (t. A•1 OMr Wm. Tv 001 AS. Troll 31 3{1 S3X0 Al.Y03 tiO/Off. A:0 TOOL1V KM 3}w0a037• Al 30 mos mos Ty (11 n'.J17 7A.D ere 771 Iv srl•. O1w 1.111 1331 717770, 17r113 317730.1101.0 (:r 01w 00 111a07 11. 1,03v 7Ys1E.r1 110r 7L600.630 So 31�1101 10 sl901YOYVY mason71d) •12 1, nil 11/ Tr+o••••4 71 1$ Irv= 3147 ww Gnaw sma Ow or?. wou '1a AI WOW 3A1•.. Tn. (1 .SDK 3•w 31I1 .t/1-1 NO [t 3Tw 301 .•/1-1 ••10 CI tvw 34, J Pig O •nos 3// .Nt 0N.0T01 ]1t 11.1 .V4 Or 11//M7'Melt SLN W. Ida A17300 0030300 Wins WI. 10.0 13331 30..11 00n• 03 t)OSO M AYrsSD3. Sr 3 .J1 700l.1 OW 3KDty D Norm, Ar a. 70•w310S a t•aAvl )1t) tv101n Ow 7r11N1. t•/S 1w.1 aT .4 0. m 1+•IS Sim 140sn snow 73,0011110 arms .t/1-1 70 T pn An .ww (t 0300 7W 01 ISM 01.013 Ow rtw �� 7•4 A 3sr711) 741 lv 7711•471 70 T013 131110 it os 73..0 AMr .341300 300430 010443 321100 T4 34.1 TOG 71 (S 403,44,044 IGLU Cgs= 1171.0 i110A .0 >D Trottto 2.371 / Tv r3o .210w1.1 M WIl7nWN00 I7.313 YWO�Tr Ow 33 00 3.1•A la. WSW 111111,34 SUM JINN (0 Zy11vA vnit.33 10.1 101041. T•J .oes a0SS3tl/00 ew M .LLw au mune A nr. MOUS vetv.3111w 001 1.0Stlb 77r001N•0 Ot 98003NuSY 33*.1 S3M 7Ne 763.711A 'tans vans T. 243d6 1001•0 01 30w0110 7ODneeed 1.,no-Sr JIr »now (1 3.1 0. 10S 70 1H16 rwlaln ow min crew 114 c 0.0r14U M 01601Tv T.la 10011 Or IN/ MO .tt 0341 1SW, Oa. saw .030 .Ot 70 1,06 CM .Nw It SMOrt MO SO7713 JA•I13OS t/ 70 .1rrs zwrosan. 030••• 3at11• T• 7051A 300 Kw. cowl Ems t A Tr16 S31DS 00.305 Off 0.303.•1 Iwo saw Ore 571.r T. So/ WITS Tlvillt ow maw Tula Ora wont.= 31r3St w1 C. S31.01\1 NOtlVDI?:1 11 ara.• K. aca. la.wS nhY 'a.1e es) >• mns 101.• .t wort ••• LNIn vol.. s oom wars munlott4 as Saute...Pi 00M0 Aw..O• • 1310.40h 11.010W 4l•.01.1 De A....I 114 Orr O M v >♦ cs RV 3N7E IOS 1t••• t.Vn .01.1•11 71.0001 c00. Me.* QT10 3.w arm M TqC1701 .VM nem .avTw sa00,41 Ivry so tabs N RS) f.• 'caret ib M SS.a•1 11400.4441•41 DOIOAI .CJ101 arse...b. 0.N /• 00. 300 RR so0. 101.6 ON ow es 1T1ros 47•174,471 ICU'US-11 1•1113 tiil.t 11111 ON. WA A• w 1.011 3.4 tom 3.7.a maw ore ammo .I •0. 1w. b• r 1'•r1. as SO[ •oot07 1•y-S•0-11r-rat Qom one A 1.17.110e7 1•p.3/ A7 t\s rrv1M y.`t - 41033.12) i ..01 S.owAl GN303 i NOLLVOla81 I/011.003s30 •oa•IS ssaupna many sots ` .. -�--"' I !ulNI ."114d_I.11 74 Y•w •s.1..O.i••A• Pa. a#l1 IT.O r.R11!• q .aw ... A >, II. A 4.1. ■ MM. s1•rnas 11Vi3n 3FIf11-I83X 3dV3SQNV1 .O • CZ... P. W Yr •en . INN u P Pi. 4.a Oat 00 t...7ono Ma . Ismail +70. a 91 Y •InOn,, b •OL, AO Mt a sin.. aac.. 14441 Y 119..00.pms• sa 1....!•7•9140 300791.. 1YY0037 a,•.OJM A P4 ..•RL7• J..•. 4114 aM Y Yr.Y1... 1.•4. QOM Cunt g1MOYA 191. In 1tuW U 7Y1 GI .. Y. f•••• 1a...0 . did do WO 0.1 A Oa N r• •InpO. 10 14J- ff did o • la•O•m Y d .'J.OYI1� d . 7100••0 Y...• a.. M . 11.1.•n f Y p lO1v to ��p� grow 1.3 1. St bin WPM 210 Ii OCT . =WY O Us WI Peso nro. u.o.. 1a 414.0 99 q. Y7m• 4 .01.► 43134 • 19 tl•Y7. 0,1.. no 4 3LON NO11V91830 dIHU '.J 1.•.00J1 r ".4 1ti4 .Y '00 r.Y .OY OAyl...s,x 7.47M own 8311013 DirotiHJS i moon, 1r .ttl.•. / 1r..0•147We, '3aC'rs•D Ohs 3_ b4111Y'1 Sln 3-V3S 1aQr�p9.n 70.1194�Oy•ya i1.. mos. AIM? says eta .�.w�. I 1 1r'Y1.Y\ Talc 1w16 ILO [.'. sou pow PRY ., Yy.�.gj:�\ .90.2 /047a.10 Jlva Y tOt-wyi �il�i• d 71. L, b.. .0 '.M `iIV131 br30811\M snov..1. 'Amu •gas memo mla 0010.1/1 c Trimstom owrima vexing (11:11.0t1940 10V 3 ;Ai bn) Tnit 01 1.3.0 x11v7x1 AMMO ma 00..01 c anwo 10 1100 .00O.e' 1v0700717 7vlb. rn't n.= ao .01100 01 Yew orto =MIN: 11.10••0 13LIS un..0 v .Y ..77.Or1J10, .Qt1V741111 3.ay.001.0 Nnrco ES219 W .AJ-// t.aer 011.0 a. ,a1••r.a. ,elan 'dot liar ad 1w1 died@ sarwl..w pars qlY/. 1Y-Y Cw /.•••• .Y P •to 0•1id. S1a ».]S 38nS073N3 n ovo 3 f1w1L!. JVr•J• {I.. •M 00.00. ape nay. J...so.•ra 0199 S1•Ynvx lIN 3NOz 30dINO3 dIn TO 179 1. d T• tam• rn•m .0.4 aw: fa •moo r•I M1 o •, a7.1 WO OS. .O.-•i A rm .•..•.O.►t ..Y•. Z. i!,►�. 1•o.O •a•w di 04 tr Aa II07.n.. w•C7 A••1 air N •C. 7.. .••11,1 l . Jr-IPubi Y•O 0./ J •a1a A...� ,aa O. OY.0 7•J O ......•. O A adSaif dw PM ar A Aram awl •Oast -.aaaMrem es as atd nia MI Po S1N3T9S d31N3n3dd /101 ..�uo.i w M.�"t.w ,. •,•iv w. = ,rr MVO.. >•A r••0 1 •► • 1011•attb �YY .OM? f d . Mod of ..F. W Vold •.• •►1•.Y.01Y W1 Z W . •.I1Y•• addl. a ad!. I ... • J• Y'•..M R * llMf4 • O die . r. Y ' �.. rear rw>o nu a .. •wq rM an 0,1 01 TY 11dy/t T37i a0, V.p.0.111 10.. nrimaa 10•q rwvJs 1.92.90 t ..1•00 1 10 in1 10110.0 ne win dad Oldid 10J t•V .• r.. .o idea 10 oauu d . d n.•Yi1 i�•4 w.•fl4 00100.. 7w wu..1 war** ta•1. airs U•O/ ACCESS AND UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Snowhound Moab, LLC, a Utah limited liability company (Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality(Grantee), as follows: 1. Grantor conveys to Grantee a non-exclusive easement for ingress/egress, construction, maintenance, and improvement of underground municipal culinary water and sewer pipelines, over and across the real property in the County of Grand, State of Utah, as described in the legal description prepared by Focus Engineering & Surveying, LLC, June 17, 2014, as described in Exhibit A, attached (the Fasement). 2. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property in perpetuity, unless abandoned by Grantee in writing. 3. Grantee shall substantially restore the surface of the Easement to the condition existing prior to disturbance following all construction and maintenance activities. Any structures or improvements which may be placed within the Easement by Grantor or others may be subject to removal by Grantee. 4. Grantor shall not interfere with, obstruct, or deny access to Grantee for actions undertaken consistent with the purposes of this easement. 5. Grantor warrants that this is a valid and binding obligation, executed after having obtained all lawful authority. 6. This Easement is governed by Utah law. Venue for any dispute arising under this Fasement shall be the Courts of Grand County, Utah. Conveyed as of the date of execution by Grantor, below. Snowhound Moab, LLC By: Chad Clifford, Manager (4/"" ACKNOWLEDGMENT The foregoing Access and Utility Easement was executed before me this 454+ day of (�Q ('� 1 , 2015 by Snowhound Moab, LLC, by and through Chad Clifford, its manager. Witness my hand and official seal. My commission expires: A- al0 U? . t, CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018824 My Commission Expires August 6, 2016 Notary Pub ic, State of 14taike obc.cts:AC,) EXHIBIT D New Business - 7-4 " ���� v o E N G I N E E R I N G & S U R V E Y I N G . L L C L E G A L D E S C R I P T I O N P R E P A R E D F O R E N T R A D A A T M O A B M O A B , U T A H ( R e v i s e d : N o v e m b e r 1 8 , 2 0 1 4 ) 5 0 2 W e s t 8 3 6 0 S o u t h S a n d y , U T 8 4 o 7 o P ( 8 m ) 3 5 2 - o o 7 5 F ( 8 m ) 3 5 2 - 7 9 8 9 P R O P O S E D A C C E S S & U T I L I T Y E A S E M E N T A n a c c e s s a n d u t i l i t y e a s e m e n t l o c a t e d i n a p o r t i o n o f t h e S E 1 / 4 o f S e c t i o n 3 5 , T o w n s h i p 2 5 S o u t h , R a n g e 2 1 E a s t , S a l t L a k e B a s e & M e r i d i a n , M o a b C i t y , G r a n d C o u n t y , U t a h , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t a p o i n t o n t h e n o r t h e r l y l i n e o f 4 0 0 N o r t h S t r e e t a s d e f i n e d a n d d e s c r i b e d i n D e e d B o o k 4 6 9 P a g e 4 9 7 o f t h e O f f i c i a l R e c o r d s o f G r a n d C o u n t y l o c a t e d S 8 9 � 5 4 ' 0 0 " W a l o n g t h e S e c t i o n l i n e 7 8 3 . 3 2 f e e t a n d N o r t h 4 0 . 4 8 f e e t f r o m t h e S o u t h e a s t C o r n e r o f S e c t i o n 3 5 , T 2 5 S , R 2 1 E , S . L . B . & M . ; t h e n c e N 8 9 � 5 0 ' 0 0 " W a l o n g s a i d s t r e e t 2 6 . 0 0 f e e t ; t h e n c e N o r t h 1 0 7 . 9 1 f e e t ; t h e n c e a l o n g t h e a r c o f a 1 8 7 . 0 0 f o o t r a d i u s c u r v e t o t h e l e f t 3 2 . 4 3 f e e t t h r o u g h a c e n t r a l a n g l e o f 9 � 5 6 ' 1 5 " ( c h o r d : N 4 � 5 8 ' 0 8 " W 3 2 . 3 9 f e e t ) ; t h e n c e N 9 � 5 6 ' 1 5 " W 2 . 5 9 f e e t ; t h e n c e a l o n g t h e a r c o f a 2 1 3 . 0 0 f o o t r a d i u s c u r v e t o t h e r i g h t 3 6 . 9 4 f e e t t h r o u g h a c e n t r a l a n g l e o f 9 � 5 6 ' 1 5 " ( c h o r d : N 4 � 5 8 ' 0 8 " W 3 6 . 9 0 f e e t ) ; t h e n c e N o r t h 7 7 . 5 9 f e e t ; t h e n c e W e s t 1 4 3 . 5 3 f e e t ; t h e n c e N o r t h 2 6 . 0 0 f e e t ; t h e n c e E a s t 5 7 5 . 2 5 f e e t ; t h e n c e S o u t h 1 6 6 . 9 3 f e e t ; t h e n c e W e s t 1 8 . 0 0 f e e t ; t h e n c e N o r t h 1 4 0 . 9 3 ; t h e n c e W e s t 8 4 . 0 6 f e e t ; t h e n c e S o u t h 2 5 8 . 0 3 f e e t t o t h e n o r t h e r l y l i n e o f s a i d 4 0 0 N o r t h S t r e e t ; t h e n c e N 8 9 � 5 0 ' 0 0 " W a l o n g s a i d s t r e e t 2 6 . 0 0 f e e t ; t h e n c e N o r t h 2 5 7 . 9 5 f e e t ; t h e n c e W e s t 2 7 7 . 6 6 f e e t ; t h e n c e S o u t h 7 7 . 5 9 f e e t ; t h e n c e a l o n g t h e a r c o f a 1 8 7 . 0 0 f o o t r a d i u s c u r v e t o t h e l e f t 3 2 . 4 3 f e e t t h r o u g h a c e n t r a l a n g l e o f 9 � 5 6 ' 1 5 " ( c h o r d : S 4 � 5 8 ' 0 8 " E 3 2 . 3 9 f e e t ) ; t h e n c e S 9 � 5 6 ' 1 5 " E 2 . 5 9 f e e t ; t h e n c e a l o n g t h e a r c o f a 2 1 3 . 0 0 f o o t r a d i u s c u r v e t o t h e r i g h t 3 6 . 9 4 f e e t t h r o u g h a c e n t r a l a n g l e o f 9 � 5 6 ' 1 5 " ( c h o r d : S 4 � 5 8 ' 0 8 " E 3 6 . 9 0 f e e t ) ; t h e n c e S o u t h 1 0 7 . 9 9 f e e t t o t h e p o i n t o f b e g i n n i n g . C o n t a i n s : 3 0 , 8 9 7 + / - s . f . 1 N e w B u s i n e s s - 7 - 4 State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor April 8, 2015 Department of Environmental Quality Amanda smith Executive Director DIVISION OF DRINKING WATER Kenneth H. Bouslield, P.E. Director Jeff Foster, Public Works Director City of Moab 217 East Center Moab, Utah 84532 Dear Mr. Foster: Subject: Amended Plan Approval & Exception to R309-550-7, Minimum Separation Requirements, Entrada at Moab Development, System #10003, File #9704 This amended letter supersedes the Plan Approval and Exception letter previously issued on September 25, 2014. On June 26, 2014, the Division of Drinking Water (the Division) received plans for the expansion of Moab City's water system to serve the Entrada at Moab development. Additional information was provided on September 2, 2014, satisfying requirements for hydraulic modeling. The Division previously issued a Plan Approval and exception to Rule R309-550-7 for this project on September 25, 2014. At the request of the consulting engineer, an additional hydraulic analysis was performed to determine if the 8-inch diameter pipeline looping the proposed development to the existing development north was required. The results of this analysis, received November 4, 2014, indicate this loop is not required. The analysis was performed by Steven Jones of Hansen, Allen and Luce, Inc. Moab City will make the interconnection to the existing development utilizing stubs constructed as part of this project. The Entrada at Moab development consists of 43 condominium units. Approximately 1,743 lineal feet of 8-inch diameter C-900 PVC pipe will be constructed to serve the development. In order to satisfy minimum requirements for fire flow and pressure required by Moab City, the existing 6-inch diameter pipe in 400 North serving the development will be replaced with 8-inch diameter pipe to 500 West. We have completed our review of the plans and specifications prepared by Focus Engineering under the direction of Thomas M. Romney, P.E., and find they basically comply with the applicable portions of Utah's Administrative Rules for Public Drinking Water Systems in R309. On this basis, the plans for the water lines serving the Entrada at Moab Development project are hereby approved. Due to the depth of existing utilities, intersecting water and sewer pipes serving the Entrada development cannot meet the minimum vertical separation requirements specified in R309-550-7 at 195 Notch 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114.4830 Telephone (801) 536-4200 • Fax (801-536-4211 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on 100% recycled paper New Business - 7-4 Jeff Foster Page 2 April 8, 2015 three sites (600 W 400 N; 650 W 400 N; and 470 N 650 W). An alternate method of protection which provides a minimum of 18 inches of vertical separation, sewer line above water line, and no joints in the water pipe within 10 feet measured horizontally from the intersection with the sewer line is proposed. The Division received a revised exception request on April 3, 2015, from your consultant, Thomas Romney of Focus Engineering & Surveying. All water distribution pipe shall be HDPE DR11. Minimum separation described herein shall also apply to service laterals. A minimum horizontal separation of 10 feet shall be maintained between parallel water and sewer lines. On this basis, an exception to R309-550-7, Separation of Water Mains and Transmission Lines from Sewers and Other Pollution Sources, is hereby granted for these three locations. This approval pertains to construction only. An Operating Permit must be obtained from the Director before the new water lines may be put in service. A checklist outlining the items required for operating permit issuance is enclosed for your information. Approvals or permits by local authority or county may be necessary before beginning construction of this project. As the project proceeds, notice of any changes in the approved design, as well as any change affecting the quantity or quality of the delivered water, must be submitted to the Division. We may also conduct interim and final inspections of this project. Please notify us when actual construction begins so that these inspections can be scheduled. This approval must be renewed if construction has not begun or if substantial equipment has not been ordered within one year of the date of this letter. If you have any questions regarding this letter, please contact David Ariotti, at (435) 637-3671, or Ying-Ying Macauley, Engineering Section Manager, of this office, at (801) 536-4188. Sincerely, Michael J. Grange, P.E. Acting Director DRA Enclosure — Operating Permit Checklist cc: Bradon Bradford, Environmental Health Director, Southeast Utah District Health, bbradfor@utah.gov Thomas Romney, Focus Engineering, tromney@focusutah.com David Ariotti, Southeast District Engineer, dariotti@utah.gov Eric Neil, Bowen Collins & Associates, eneil@bowencollins.com DIM-2014016966.docx New Business - 7-4 Division of Drinking Water Checklist for Issuing Operating Permits Water System Name: System Number: Project Description: File Number: The following items must be submitted and found to be acceptable for operating permit issuance with the exception of distribution lines without booster pumps and/or pressure -reducing valves. [Waterline projects without booster pumps and/or pressure -reducing valves may be placed into service prior to submittal of all items or the Division's issuance of an operating permit if (1) the water system has officially designated a professional engineer (P.E.) responsible for the entire water system; and, (2) if this designated P.E. has received a "Certification of Rule Conformance" statement issued by a P.E. and evidence of satisfactory bacteriological sample result. In this case, a public water system will submit all items needed for obtaining an operating permit for each distribution system project even after the new waterlines have been placed into service as determined by the water system's designated P.E.J ❑ Utah Registered Engineer's Certification of Rule Conformance that all conditions of plan approval (including conditions set forth by the Division Director in any conditional approval letter) have been accomplished ❑ Utah Registered Engineer's statement of what plan changes, if any, were necessary during construction and a Certification of Rule Conformance that all of these changes were in accordance with applicable Utah Administrative Code, R309-500 through R309-550, Drinking Water Facility, Construction, Design, and Operation Rules ❑ As -built drawings have been received at the Division (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Confirmation that the record drawings have been received by the water system (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Evidence of proper flushing and disinfection in accordance with the appropriate ANSUAWWA Standards ❑ ANSI/AWWA C651-05 AWWA Standard for Disinfecting Water Mains • Two consecutive sample sets (each 1200 feet, end -of -line, each branch, etc.), none positive, at least 24 hours apart ❑ ANSI/AWWA C652-02 AWWA Standard for Disinfection of Water -Storage Facilities • One or more samples, none positive ❑ ANSI/AWWA C653-03 AWWA Standard for Disinfection of Water Treatment Plants • Two consecutive samples per unit, none positive, no less than 30 minutes apart ❑ ANSI/AWWA C654-03 AWWA Standard for Disinfection of Wells • Two consecutive samples, none positive, no less than 30 minutes apart ❑ Water quality data, where appropriate [Guidance: Include appropriate raw and finished water data that demonstrate the performance of the new treatment facility. Storage tank water should be analyzed for residual volatile organic compounds after tank interior painting or coating.] ❑ Confirmation that the water system owner has received the O&M manual for the new facility ❑ Location data of new storage tank, treatment facility, or source, if applicable New Business - 7-4 MOAB CITY COUNCIL M.EZ.T NG April 14, 2015 [Title: Adoption of Council Resolution #14-2015 A Resolution Approving The Subdivision Improvements And Development Agreement And Conditionally Approving The Final Plats For The "Entrada At Moab" Master Planned Development Phases 1-3 On Property Located At 600 West 400 North In The C-2 Zoning District Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Bryon Walston and Ben Cahoon for Chad Clifford of Snow Hound Moab, LLC PL-14-ass Agenda Item #: 7-4 Background/Summary: The attached amended development and phasing agreement and the final plats for this Master Planned Development is the final step in the approval of the forty-five townhome unit development, Entrada at Moab. The proposed Master Planned Development is located on a 4.6-acre parcel in the C- 2 (Commercial Residential) Zone. The mixed uses of residential and commercial nightly rentals is allowed in the C-2 Zone under MMC Section 17.65.020 E. There will be seven phases with varying numbers of townhomes constructed and amenities will be built in Phase Four and include a pool, clubhouse, and much of the pedestrian amenities. A clubhouse and pool area will also be a part of the development for a total lot coverage area of 61,350 square feet or 30.6%. The seven phases are shown on the Phasing Plan. The total height of any structure will be approximately 21 feet according to the developer's statement. The developer is planning to construct all of the water, sewer, and street improvements through Phase 7 prior to recording the final plat. He has asked for exceptions to installing the perimeter landscaping, and sidewalks until the structures are completed. Allowing landscaping and sidewalks to be completed after the structures are finished, there is little risk to those plantings and sidewalks being destroyed and having to be replanted or replaced. A Certificate of Occupancy will not be issued until these required elements are completed or a financial guaranty of sufficient value to cover construction costs is in place. The Improvements Agreement also requires that all of the improvements for a particular phase (asphalt, landscaping, curb, gutter, sidewalk, perimeter landscaping, and other improvements) must be completed, inspected and approved prior to issuance of any building permits in a phase. If the 1 New Business - 7-4 Page 2 of 3 developer chooses to provide a financial guaranty for any incomplete improvements, he may continue to additional phases. The applicant has completed the review stages of the Concept Plan (MMC 17.65.090) and the Preliminary Plan (MMC 17.65.100) and is now before Council for final approval of Phases One, Two, and Three. In a meeting held on July 10, 2014, the Planning Commission favorably recommended the final plats for Phases 1, 2, and 3 to Council with the following five conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. The required state issued exception to the water and sewer line crossings has been received. 4. The developer shall work with city engineering and public works to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 5. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. The required state exception to the water and sewer line crossings was received and has been removed from the conditions. MMC Section 17.65.120, Development agreements, states, "Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement." The attached draft, Development and Phasing Agreement (Entrada at Moab), contains the necessary elements required by MMC. Section 17.65.120, states that the agreement shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Proposed financial guarantees for all required improvements if not completed within a specified time frame; I. Final covenants, conditions, and restrictions. The development agreement shall be ratified by the land use authority, signed by the city council and the applicant, and recorded with the county recorder. The development agreement also contains New Business - 7-4 Page 3 of 3 language which allows for minor, administrative modifications to occur to the approval without a formal revision of the agreement. It is required that the agreement be submitted to the city within six months of the date the project was approved by the land use authority, or the approval will expire. Options: Council can: i. Adopt Resolution #1.4-2015 to approve the agreement as written and conditionally approve the Final Plats for Phases 1, 2, and 3 of the Entrada at Moab Master Planned Development as submitted; 2. Adopt Resolution 4414-2ms and approve the agreement with amendments; 3. Table the agreement in order to receive more information; 4. Vote to not approve the agreement stating specific concerns, thereby, rejecting the final plats. Staff Recommendation: Staff recommends that Resolution #14-2015 be adopted as written to approve the development and phasing agreement and the final plats with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. Recommended Motion: I move to approve Resolution #14-2015 with conditions for the Final Plats, Phases 1-3, of the Entrada at Moab Master Planned Development. Attachment(s): Copies of: Resolution #1.4-2015 Subdivision Improvements and Development Agreement New Business - 7-4