HomeMy Public PortalAboutRES-CC-2010-18Resolution 18-2010
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS INSTALLED FOR THE
EXTENSION OF THE SEWER SYSTEM ASSOCIATED WITH THE NORTH AREA
TRUNK SEWER PROJECT AND AUTHORIZING THE APPROPRIATE PARTIES TO
EXECUTE AND DELIVER A CORRESPONDING SEWER LINE DEDICATION,
EASEMENT AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City of Moab (the "City") and Dennis E. and Patricia B. Byrd entered into an
Agreement for the Installation of Public Improvements related to the Extension of the City Sewer
System Associated with the North Area Trunk Sewer Project (the "Agreement"); and
WHEREAS, the Agreement provides for the construction of specific sewer line improvements,
including an eight (8) inch diameter gravity sewer main line, together with all appurtenant
structures (the "8" Sewer Line"), and a four (4) inch diameter sewer service line, together with
all appurtenant fittings, cleanouts and similar facilities, connecting the existing Alger connection
to the new mainline (the "4" Sewer Line" and, collectively along with the 8" Sewer Line, the
"Sewer Line Extension Facilities"); and
WHEREAS, said Agreement provides that the Sewer Line Extension Facilities will be completed
in conformance with the Plans (as defined in the Agreement) and the City's standard
specifications; and
WHEREAS, the City has determined that the Sewer Line Extension Facilities have been
constructed and installed according to the terms and conditions of the Agreement; and
WHEREAS, said Agreement provides that Dennis E. and Patricia B. Byrd shall dedicate the 8"
Sewer Line to the City and that the dedication will be in a form of a signed written document that
must include a one year warranty statement against defects in workmanship; and
WHEREAS, said Agreement also provides that Dennis E. and Patricia B. Byrd will grant a utility
easement to the City, as utility provider, permitting the City to own, maintain, repair and replace
the 8" Sewer Line; and
WHEREAS, the Agreement also provides that the City will accept the 8" Sewer Line subject to
the aforementioned conditions and that the City's acceptance of the 8" Sewer Line will be in the
form of a Resolution of the City Council; and
WHEREAS, a Sewer Line Dedication, Easement and Warranty of Improvements for the
Extension of City Sewer System Associated with North Area Trunk Sewer Project is attached to
this Resolution; and
Resolution #18-2010
WHEREAS, the City has determined that the Sewer Line Extension Facilities have been
completed in accordance with the Agreement and that there is no default of said Agreement; and
NOW, THEREFORE, we the Governing Body of the City of Moab do hereby resolve to accept
the 8" Sewer Line referenced by the Agreement, and authorize the appropriate parties to execute
and deliver the attached Sewer Line Dedication, Easement and Warranty of Improvements for
the Extension of City Sewer System Associated with North Area Trunk Sewer Project, which is
hereby approved in form and substance by the City.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
9th Day of November.
By:
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City Recorder
Resolution #18-2010