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Home My Public Portal AboutRES-CC-2004-19Resolution # 19-2004 A RESOLUTION ADOPTING AN AGREEMENT PROVIDING FOR PARKING AND OTHER IMPROVEMENTS ON WEST CENTER STREET BY AND BETWEEN THE CITY OF MOAB AND UTAH DESERT INVESTMENTS/WILLIAM D PETTY WHEREAS, an Agreement providmg for parking and other improvements on West Center Street by and between the City of Moab and Utah Desert Investments/William D Petty has been presented to this meeting of the Moab City Council, and WHEREAS, the Agreement contemplates the donation of property by Utah Desert Investments/William D Petty for purposes of constructing a public parking lot, and WHEREAS, said property must be duly subdivided prior to the donation of the property, NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve the attached agreement in substantially the form presented to this meeting of the Moab City Council, and authorize the appropnate officials to sign and execute said agreement, pending approval of the subdivision of the property, and to execute all documents and procedures necessary to fully execute said agreement This resolution shall take effect tmmediately upon passage Passed and adopted by action of the Governing Body of the City of Moab m open session this 7's day of September, 2004 CITY OF MOAB By David L Saknson Mayor Attest Rachel Ellison City Recorder Resolution #19 2004 Driyirt 1✓t C OWKrctLA- f_, !at_ AGREEMENT PROVIDING FOR PARKING AND OTHER IMPROVEMENTS ON WEST CENTER STREET BY AND BETWEEN THE CITY OF MOAB AND UTAH DESERT INVESTMENTS INCJWILLIAM D. PETTY This Agreement is made and entered mto this 7l1 day of September 2004 by and between the City of Moab ("City") and Utah Desert Investments Inc /William D Petty RECITALS WHEREAS, the City desires to improve West Center Street to provide for pedestrian amenities, landscaping and public parking, and WHEREAS, the City has allocated funds to pay for limited improvements to meet these goals, and WHEREAS, Utah Desert Investments Inc /William D Petty owns property on West Center Street, shown in Exhibit A, and WHEREAS, Utah Desert Investments Inc /William D Petty desires to provide for future development and parking for said property, as well as for an aesthetically pleasing streetscape, and WHEREAS, Utah Desert Investments Inc /William D Petty owns property shown in Exhibit A that he is willing to donate to the City for a parking lot in exchange for parkmg space credit for future development, and WHEREAS, Utah Desert Investments Inc /William D Petty has funds available to pay the City to pay for a portion of the cost to construct said parking lot and street improvements along West Center Street and WHEREAS, Section 17 09 230 of the Moab Municipal Code authonzes off -site parking agreements between affected land owners AGREEMENT The parties agree as follows. In consideration of the terms of this agreement and contemporaneous with the execution of this agreement 1 Utah Desert Investments Inc /William D Petty agrees to convey Lot 5 of the property shown in Exhibit A and more particularly descnbed in Exhibit B to the City by general warranty deed, free and clear of encumbrances 2 Utah Desert Investments Inc /William D Petty agrees to pay the City $150,000, payable within 10 days following the execution of this agreement Said funds shall be applied only toward construction and project expenses for the on -street and off-street parking and road improvements specified in Section 3 and 4 heroin 3 The City agrees to perform improvements on West Center Street according to the conceptual site plan shown in Exhibit C The City agrees to allocate at least S62,500 in city funds and $75,000 in funds contributed by Utah Desert Investments Inc /William D Petty toward the street improvements shown in Exhibit C Project costs shall include engmeenng, design, and construction Said street improvements shall be complete within two years from the date of this agreement Any funds contributed by Utah Desert Investments Inc /William D Petty for said street improvements that are not spent by the City within two years of the date of this agreement shall be refunded to Utah Desert Investments Inc /William D Petty The parties hereby agree that any substantial deviation from the conceptual site plan shown in Exhibit C shall be approved in writing by Utah Desert Investments IncJWilliam D Petty 4 Utah Desert Investments Inc /William D Petty agrees to perform improvements mdicated as performed by Utah Desert Investments Inc /William D Petty in the conceptual site plan shown in Exhibit C Utah Desert Investments Inc /William D Petty agrees to install trees and other landscaping within the planting stop within 30 days of completion of the work to be done by the City as described in Section 3 herem, or Apnl 15, 2005, whichever is later Utah Desert Investments Inc./William D Petty agrees to install the sidewalk indicated as performed by Utah Desert Investments Inc /William D Petty in the conceptual site plan shown in Exhibit C within five years of the date of this agreement 5 The City Council recognizes that Petty hopes to construct a covered pedestrian arcade up to 12 feet wide over the public sidewalk on the City's nght of way The covering would take the form of awnings and balconies constructed of wood and other hard matenals which would be attached to the pnvate buildings to be developed along the sidewalk and supported on piers or columns placed in the public nght of way All piers, columns and other aspects of the design shall be placed m a way that is master planned and does not impede the free flow of pedestrian traffic, and all specifications for such covered pedestrian arcade must be approved by the City prior to installation Both Petty and the City acknowledge that current building codes may not allow this arcade to be built in the form desired by Petty The City hereby expresses and willingness to consider this plan for the West Center Street nght of way, and agrees to inmate the appropnate process to modify the applicable section of the International Buildmg Code to allow for a covered pedestrian arcade of the above described nature, if such modifications to the code are detennmed to be necessary In no way shall this agreement be construed to constitute an exception to the applicable building codes 6 The City Council hereby gives approval to Utah Desert Investments Inc /William D Petty to locate supports for awnings/canopies to be constructed by Utah Desert Investments IncJWilliam D Petty within the sidewalk right of way The awning/canopies and supports will meet all applicable building codes and shall be located in such a manner as to not impede the free flow of pedestrian traffic 7 The City agrees to construct and maintain a public parking lot on property shown in Exhibit A and more particularly descnbed m Exhibit B The City agrees to construct said parking lot as funds become available The City agrees to set aside and use $75,000 of the funds contributed by Utah Desert Investments Inc /William D Petty to construct said parking lot Should any of the $75,000 contributed by Utah Desert Investments Inc /William D Petty not be spent on the street improvements as provided for herein, any remaining funds shall be refunded to Utah Desert Investments Inc /William D Petty after completion of the improvements Funds contributed by Utah Desert Investments Inc /William D Petty for construction of the parking lot that are not spent by the City within four years of the date of this agreement shall be refunded to Utah Desert Investments Inc /William D Petty The parties agree that the City shall have a period of four years from the effective date of this agreement to construct the parkmg lot The parties agree that Utah Desert Investments Inc /William D Petty may in the future construct an extension of said parking lot on Utah Desert Investments Inc '/William D Petty's property, and that additional parking credits may be accrued by such extension, subject to approval by the City and the approval by both parties of a parking easement providing for such credits 8 The City agrees to grant Utah Desert Investments Inc /William D Petty and any future owner(s) of the property shown in Exhibit A a parking space credit of 32 parking spaces that shall be available for future development of retail, office or restaurant uses Said credits shall be credited toward any parking space requirements for said uses only Parking space credits shall not be available for hotel/motel or overnight accommodation uses Parking space credits may be used toward on -street or off-street parking Said credits shall be recorded as a Parking Easement, which shall be attached to this agreement as Exhibit D The parties herby agree that existing uses do not require additional parking, unless said uses are modified or expanded 9 The parties agree that Municipal Code Section 17 09 220Q allows for special exceptions to the minimum parking requirements and that Section 17 09 220R allows the Planning Commission to allow on -street parking spaces to be counted toward the minimum off-street parking requirements of a development This agreement shall not be construed as a waiver of the minimum parking requirements for the affected lots at the time they are developed, nor shall this agreement be construed as a special exception to the minimum requirements Nothing in this agreement shall be construed to prohibit Utah Desert Investments Inc /William D Petty from applying for a special exception to the minimum mmmium requirements of the parking requirements, as allowed for by the Moab Municipal Code 10 In the event that the parties are unable to carry mto effect the provisions of this agreement, in whole or in part, for reasons beyond the reasonable control of either party, then the sole remedy shall be rescission of this agreement and the restoration of the property and funds which remain unused for the purposes intended in this agreement In the event of rescission, this agreement shall terminate and both parties shall be released of any further obligation 11 The terms of this agreement shall not be abrogated following the closing, and shall remain enforceable between the parties Until such time as the parking lot and street improvements descnbed herein are constructed, the terms of the agreement, including Section 7, shall control over the Parking Easement contained in Exhibit D Upon completion of the parking lot and street improvements, this agreement shall terminate and the Parking Easement shall control CIT. OF MOAB By I i �G �. /,s Qc-r zee)/ Mayor, Da id L Saknson Date Attest Ct-tJUX.0 VitIYaY% 10- 16— O `f Rachel Ellison, City Recorder Date UTAH DESERT INVESTMENTSINC By Utah Desert Investments State of MO County of &IRIk.ID ge4.-e fav/ ) ) 22 del- 2ca Date On the day of(401361z,o'b04 , personally appeared before me WIL61Mk.171swampy who duly acknowledged to me that they executed the same Notary Public My Commission Expires-t 3.pan Residing m Grand County WILL PE r By William D Petty State of U AH County of 2e Oct 2ze4 Date On the 1/1_ day ofDLutelt ` 4 , personally appeared before me viluijo CD-FoT V who duly acknowledged to me that they executed the same My Commission Expires 1;15E92iP007 4ruyn,t4aupt\ Notary Public Residing m Grand County S Ci'NTJW STREET LOW • We •r•M •Y MASK W. 7. K S[r wal= wall PUNNING C0100MMON CMINTA7l MOMS r •� rM•1 SECIREN. TAF YrM la1M1 w.••1 EXHIBIT A Yi aW%ice nr u w •at•ur 0[1.Ot1Y.. UMW Mann. al 'al altalllia • OW, laer•a• L"LL Ls ..A., . la .1a a Moak :.n. R+..4.••• Well w.[ • �. � ,R. •ice wN'MION sovriminliK .Id�T •fir � � ramiryat ewns•111Ner =IrrfY J.. Y• . J •' 31.11..• ..=OEw /awe LAND nvc $ 11,"111' KM II rrw maw • ni. rr• u. wru. r_rr•_ AL AI 10101 w r w rr .Y I ATTACHMENT B Exhibit B BLOCK 16 PARKING LOT A PARCEL OF LAND WITHIN BLOCK 16 OF THE MOAB TOWNSITE, SECTION 1, T 26 S, R 21 E, S L M , MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS' Beginning at a point on the West line of Block 16 of the Moab Townsite, Section 1, T 26 S, R 21 E, S L M , said point bears N 0.171E 147 50 ft from the SW Comer of said Block 16, and proceeding thence wrlh the West Nne of said Block 16 N 0.17.E 1611 ft , thence S 89°47'E 73 45 ft , thence along the arc of a 8 50 ft radius curve to the left 13 35 ft (said curve has a chord which bears N 45•14'E 12 02 ft ), thence N 0•17'E 31 38 ft , thence along the arc of a 26 0 ft radius curve to the nght 34 91 ft (said curve has a chord which bears N 38.411E 32 35 ft ), thence N 0.17.E 18 70 ft to the South line of McCarrol, thence with said tine S 89'47'E 129 02 ft to the SE Comer of McCarron, thence S 0'17'W 14 50 ft to the SW Comer of the Hauer Parcel, thence with the South line of Hauer S 89.47.E 79 0 ft to the NE Comer of the Petty Parcel, thence S 0.17'W 39 50 ft , thence N 89'47'W 16 0 ft , thence S 0'17'W 61 75 ft , thence with a line 0 5 ft Northerly of the North wall of an existing building N 89'37'W 39 40 ft thence S 24'08'W 10 77 ft , thence S 0'17'W 122 01 ft to the South line of said Block 16, thence with the South line of Block 16 N 89•47'W 16 00 ft , thence N 0.17.E 120 47 ft , thence N 89•47'W 152 24 ft , thence N 0°17'E 18 66 ft , thence along the arc of a 8 46 ft radius curve to the left 13 30 ft (said curve has a chord which bears N 44'47'W 11 96 ft ), thence N 89•47'W 73 59 ft to the point of beginning and containing 28,975 sq ft , more or less I i I Exhibit C II .s.e,,, N., ''Ii=-- r. YW rr in unpin. Mnen wr wm" �� - UMW lea o 0 0 • \\\\\\\\ \ Date!-HOV-20o1 ?AR Feel No Fee Check Exhibit D MERLENE MOSHER, Recorder Filed !yy JAC For ROAD CITY PARKING EASEMENT GRAND COUNTY CORPORATION For valuable consideration, the City of Moab ("City") hereby grants and conveys a nonexclusive parking easement to Utah Desert Investments IncJWiWam D Petty, their successors and assigns m title ("Utah Desert Investments IneJWillam D Petty"), as set forth herem I. RECITALS. P 1.94 /Rci 1 The City and Utah Desert Investments InCJWilliam D Petty have entered mto an agreement whereby Utah Desert hwestments Inc./William D Petty has agreed to convey a parcel of real property to the City, and the City has agreed to construct a public parking lot on that property. 2 In partial consideration for the conveyance, the City has agreed to grant Utah Desert Investments IncJWilliam D Petty a parking easement on the lands conveyed, together with credit toward satisfaction of City ordmances regardmg off-street parking, winch credit will apply to adjacent undeveloped real property retained by Utah Desert Investments Inc /William D Petty H. EASEMENT. 3 Easement Property. The real property subject to this easement is a tract of land wrthm the mumapal Imuts of the City of Moab, County of Grand, and State of Utah, more partrcululy described m the attached Attachment A 4 Benefited Parcels. The real property benefited by this easement is the tract(s) owned by Desert land Investments/William D Utah Desert Investments Inc /William D Petty m the County of Grand, State of Utah shown m Attachment E 5 Purpose. The City grants an easement to Utah Desert Investments Inc./William D Petty for the purpose of off- %vet motor vehicle parkmg, mgress, egress, and associated pedestrian access m a public parking lot to be constructed within the lands described m Exhibit A The parkmg easement shall be for the purpose of provrdmg reasonable off -site parking to the patrons of busmesses which will occupy the lands described m Attachment B No overnight parking shall be permitted, and the Easement Property shall not be used for long term vehicle storage or the parlung of commercial vehicles owned by the owners of the Benefited Parcels Commencement of parking pursuant to this easement shall occur upon completion of construction of the parking lot by the City, which shall be controlled by a contemporaneous written agreement between the City and Utah Desert Investments Inc /William D Petty The terms of that agreement shall control over this Parkmg Easement until such time as the performances contained m the agreement are complete 6 Credit Toward Municipal Parkmg Requirements This Parking Easement shall entitle Utah Desert Investments IncJWilliam D Petty to clams a credit totalmg thirty two (32) parkmg spaces for purposes of satisfymb City ordinances for mandatory parking ("Parking Credit") The Parkui6 Credit may be allocated among the Benefited Parcels in any way Utah Desert Investments Inc/William D Petty sees fit, m light of planned uses and development Nothing m this Parkmg Easement shall be construed to be a waiver or special exception to pukmg requirements established by City ordmance, and the Benefited Parcels shall each be required to comply with all applicable parkmg ordinances at such time as they are developed The Pukmg Credit shall be applied to retail, office, restaurant, or similar uses, but shall not be available for any future hotel, motel, or other overnight accommodation uses Nothing in this Puking Easement shall be construed to prohibit the use of parking credits for use in a shared parking agreement duly approved by the City 7 Nonexclusive Use The Easement Property shall be developed as a public parking lot The uses authorized by this easement shall be non-exclusive, meanuig that all puking spaces shall be avulable to the public and may not be reserved or controlled for the use of any one person, busmess, or lot owner 8 Modification, Termmatton This easement shall run with the lands in perpetuity Any renewal or modification of the easement durmg its term shall be m writing, properly executed by the parties, and recorded m the Grand County land records 9 Parties, Venue, Controlling Law The sole parties to this agreement are the City, Utah Desert Investments Inc/William D Petty, and the successors m title to the Easement Property and the Benefited Parcels, if any Venue for any dispute concemmg this easement shall be in the Seventh Judicial District Court, Grand County, Utah The easement is governed by Utah law 10 Enforcement Pnor to commencing any action to enforce this easement, the affected party shall serve upon any party alleged to be m breach a wntten notice providmg a penod of not less than thirty (30) days m which to cur or abate the offendmg condition In any Judicial proceedmg to enforce this easement remedies shall include mjunctiveJdeclaratory relief, damages, or both, together with reasonable attomey fees and court costs to the substantially prevailmg party hi no event shall any party be liable to the other for consequential damages E 465356 B 0635 P 195 Approved and accepted on the date(s) set forth below STATE OF UTAH COUNTY OF GRAND CITY OF )f Mayor David Salvison Executed before me by the City of Moab. Mayor David Salmson, this 1let' A 9 day of D�7o2tn.. 2004. Witness my hand and official seal My commission expires „0" '' i'r` ;,,�, o,;' S. RachefElbson : t7: .54 �o Notary Public/City Recorder '1 STATE OF U.114 - COUNTY OF (MOANS" )f INC UTAH DESERT INVESTMENTS , ; ��•.' . �•" •� RACHELE ELL i.i' r> Notary Public b Stets of 1ty Comm Empires Jun 2,2006 Wmi200SaliM ibUrMQ4 On the 192_ day oft teePA0 • personally appeared before mailI. allaifFerT( WPM( who duly aclmowledged to me that they executed same )f COUNTY OF EOM ) D PE William D Petty QtniroAllilLtA Notary Public AddressAVRii f 0, Executed before me by William D Petry this day of Ornen7— 2004 Witness my hand and official seal My commission expires TeP_ 914 2-0 t E 465356 D 0635 P 196 Sr vomit JOHMON Notary Public Strif•♦ Of Utah Mr Comm EteYwOw&IWO 115 West 200 Oaf Notary Public Address X UTAlt E 465356 D 0635 P 197 Attachment A BLOCK 16 PARKING LOT A PARCEL OF LAND WITHIN BLOCK 16 OF THE MOAB TOWNSITE, SECTION 1, T 26 S, R 21 E, S L M , MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS Beginning at a point on the West line of Block 16 of the Moab Townslte, Section 1, T 26 S, R 21 E, S.L.M., said point bear; N 0.17.E 147 50 ft from the SW Comer of said Block 16, and proceeding thence with the West line of said Block 16 N 0.17.E 1611 ft , thence S 89.47.E 73.45 ft , thence along the arc of a 8.50 ft radius curve to the left 13 35 ft (said curve has a chord which bears N 45•14'E 12 02 ft ), thence N 0•17'E 31 38 ft , thence along the arc of a 26 0 ft radius curve to the right 34 91 ft (said curve has a chord which bears N 38.41.E 32 35 ft ), thence N 0.17.E 18 70 ft to the South line of McCarroll, thence with said line S 89.471E 129 02 ft to the SE Comer of McCarroll, thence S 0.17•W 14 50 ft to the SW Comer of the Hauer Parcel, thence with the South line of Hauer S 89.47.E 79 0 ft to the NE Comer of the Petty Parcel, thence S 0•17'W 39.50 ft , thence N 89•47W 16 0 ft , thence S 0•17'W 61 75 ft , thence with a line 0 5 ft Northerly of the North wall of an existing building N 89•37'W 39 40 ft thence S 24.08'W 10 77 ft , thence S 0•17'W 122 01 ft to the South line of said Block 16, thence with the South line of Block 16 N 89.47'W 16 00 ft , thence N 0.17.E 120 47 ft , thence N 89•47'W 152 24 ft , thence N 0•17'E 18 66 ft , thence along the arc of a 8 46 ft radius curve to the left 13 30 ft. (said curve has a chord which bears N 44•47•W 11 96 ft ), thence N 89•47'W 73 59 ft to the point of beginning and containing 28,975 sq ft , more or less A LSo O R►8 E"D it-e L_or 5, i- ��Uc Flo Su�p�vlsro�/ E 465356 ■ OE.35 P 1.98 66Z d S£90 9S£S9i► 3 r • - - ....: �`r:.,.Lang .tsar am \ i ATTACHMENT B