HomeMy Public PortalAboutRES-CC-2009-08Resolution #08-2009
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE SUBDIVISION KNOWN AS ORCHARD PLACE SUBDIVISION
PHASES I - II, AND AUTHORIZING THE RELEASE OF THE PERFORMANCE
GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS.
WHEREAS, the City of Moab (the "City") and Joseph Robert Downard and Mary Lee Downard
("Owner") entered into a Subdivision Improvements Agreement dated January 16, 1997 (the
"Agreement") covering the public improvements associated with the above named subdivision and
further described by the following legal description:
Beginning at a point which bears S. 175 ft. from the NE corner of the SE
1/4 SE 1/4 Sec. 35, T25S, R21E, SLB&M, and proceeding thence S. 485
ft., thence S. 89°43' W. 1321.5 ft., thence N. 660 ft., thence W. 1070 ft.,
thence S. 175 ft., thence E. 250 ft. to the point of beginning and
containing 19 acres, more or less; and
WHEREAS, Owner posted collateral in the form of a Deed of Trust on real property naming the City
as beneficiary to guarantee the improvements required by the Agreement; and
WHEREAS, the City has determined that Owner has completed the improvements in accordance with
the terms of the Agreement; and
WHEREAS, pursuant to the terms of the Agreement, Owner is entitled to a full release of the
performance guaranty at this time.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the
public improvements covered by the Agreement referenced herein, specifically street improvements,
water system improvements, sewer system improvements, and storm drainage improvements located
within the subdivision and do hereby authorize the full release of Owner's collateral. We further
authorize the City Manager to execute the necessary documents as attached to this resolution:
Substitution of Trustee, Request for Reconveyance and Request for Full Reconveyance with Lost
Document Indemnity after approval and execution of this Resolution.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 24th day
of April, 2009.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder
Resolution #08-2009