HomeMy Public PortalAboutRES-CC-2011-08Resolution #08-2011
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION
WITH THE SUBDIVISION KNOWN AS "THE PRESERVE SUBDIVISION PHASE ONE",
AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH SAID
IMPROVEMENTS, AND REQUIRING CONSTRUCTION OF STORM WATER DRAINAGE SWALES
ON APPLICABLE LOTS WITHIN THE SUBDIVISION AT THE TIME OF CONSTRUCTION ON
INDIVIDUAL LOTS
WHEREAS, the City of Moab (the "City") and Dennis E. and Patricia Byrd ("Owners") entered into a
Subdivision Improvements Agreement dated April 10, 2011 (the "Agreement") covering the public improvements
associated with the above named subdivision; and
WHEREAS, the City and the Owners entered into Amendment #1 to the Subdivision Improvements Agreement
(the "Amendment") covering the same subdivision on July 13, 2011; and
WHEREAS, Owners provided a Performance Guarantee in the form of a collateral pledge of property, executed
by a Trust Deed naming the City as beneficiary, in order to secure performance of the improvements provided for
in the Agreement and the Amendment; and
WHEREAS, the Developer has performed all improvements pursuant to the Agreement and the Amendment,
with the exception of storm water drainage swales on individual lots; and
WHEREAS, the construction of storm water drainage swales for individual lots should be constructed as needed
at the time of construction on said lots; and
WHEREAS, the construction of said swales should specified as a required improvement on the building permit
for any building on lots for which a swale is needed, and construction of said swales shall be a condition of the
issuance of a certificate of occupancy for any building on any such lot; and
WHEREAS, pursuant to the terms of the Agreement, Owners are entitled to a full release of the unused portion
of the performance guaranty.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the public
improvements covered by the Agreement and Amendment referenced herein, specifically street improvements,
water system improvements, sewer system improvements, and storm drainage improvements located within the
subdivision and do hereby authorize the Mayor to execute a Full Reconveyance of the Property identified in the
Trust Deed executed as the Performance Guaranty for the required improvements, and do hereby authorize city
staff to require the construction of storm water drainage swales as a condition of development of individual lots in
the subdivision, if necessary.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 8th day of
March, 2011.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder