HomeMy Public PortalAboutRES-CC-2011-17Resolution # 17-2011
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE PLANNED UNIT DEVELOPMENT KNOWN AS THE PORTAL
VISTA (ALSO KNOWN AS "PORTAL PARK") PLANNED UNIT DEVELOPMENT (P.U.D.)
WHEREAS, the City of Moab (the "City") and Portal Park LLC, a Utah limited liability company
("Owner") entered into a Subdivision Improvements Agreement dated August 28, 2002 (the
"Agreement") covering the public and other required improvements associated with the above named
P.U.D.; and
WHEREAS, Owner failed to post the required financial assurance for performance of the required
improvements; and
WHEREAS, Owner failed to complete the public and other required improvements provided for in the
plat and the subdivision improvements agreement, following continued issuance of notices of non-
compliance by the City and opportunity to cure said violations by Owner; and
WHEREAS, improvements that were not complete in accordance with the agreement include but are
not limited to the following:
• Completion of the required landscaping pursuant to the submitted and approved plan in all
portions of the development.
• Appropriate construction of the required trail and the inspection/approval of the construction
methods used therefore.
• Recording of a conservation easement of the open space parcels as indicated in the approved
plat.
• Installation of adequate storm water drainage facilities in the north side of the development
WHEREAS, because of the failure to perform as provided for above, the City of Moab adopted
Resolution #07-2010 declaring default with respect to the Portal Vista Subdivision P.U.D; and
WHEREAS, pursuant to the declaration of default as provided for in Resolution #07-2010, the City of
Moab passed Ordinance #2011-03 on March 8, 2011, vacating a portion of the plat covered by the
above -mentioned subdivision improvements agreement; and
WHEREAS, pursuant to the declaration of default as provide for above, the City has performed, or
facilitated completion of with the Owner, the required improvements and has charged Owner for the
cost of performing improvements performed by the City; and
WHEREAS, the following actions were taken by the City of Moab and/or the Owner to perform the
required improvements:
• Modification, installation and/or construction of appropriate storm water drainage structures to
meet City standards
• Installation of grass seed and six trees to meet landscaping requirements
• Clearing of brush and tree limbs
• Installation of compacted road base east of Lot 11
• Facilitation and recording of an appropriate conservation easement
Resolution # 17-2011
WHEREAS, the City has determined that the City and/or the Owner has completed the improvements
in accordance with the terms of the Agreement and to the satisfaction of the City; and
WHEREAS, as of the date of this resolution, that no further action by the City or the Owner with
respect to said improvements or any other improvements within the P.U.D. is necessary; and
WHEREAS, all maintenance responsibility for areas within the P.U.D. are the responsibility of the
Portal Vista Homeowners' Association and/or the property owners of the Property in question, with no
maintenance responsibility attributable to the City of Moab whatsoever.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the
public and other improvements covered by the Agreement referenced herein and to hereby declare all
responsibility on the part of the City of Moab with respect to the Agreement to be fully satisfied, and
all responsibility of Owner with respect to the Agreement and/or further maintenance of improvements
to be fully satisfied, with the exception of any costs that have not been paid to the City to cover the
cost of the City's performing the improvements referenced herein.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
23rd day of August, 2011.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, City Recorder
Resolution # 17-2011