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Home My Public Portal AboutORD-CC-2016-09ORDINANCE #2016-09 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE WANG PROPERTIES TO THE CITY OF MOAB WHEREAS, on April 11, 2016, the Moab governing body received a petition for annexation of certain property approximately 1.54 acres in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder on May 26, 2016, certified that the application complies with applicable law; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on July 14, 2016 to review the requested zoning for R-3, Multi -Family Residential Zone and found that the zone is acceptable for the creation of housing in the area; and WHEREAS, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Wang Annexation as described in "Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at approximately 672 South 400 East is hereby annexed into the City of Moab and the zoning designation upon recommendation from the Planning Commission for said annexation shall be R-3. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. rd PA SED AND APPROV D THIS 013 DAY OF c.,J,-F , 2016 David L. Sakrison Mayor ATTEST: Rachel Stenta City Recorder EXHIBIT 1 City of Moab 217 East Center Street Moab. Utah 84532 Main Number (435) 259-512I Fax Numher (435) 259-4135 PETITION FOR ANNEXATION U / `f P/ ' 14/4 e�e1 2cee io46- /2 .2 — Petition Dater / Petition Description (Approximate Address): 7 1p y005, Contact Sponsor Name: Contact Sponsor Mailing Address: 7.-.5� it/ 4 ? (?y5 2 Contact Sponsor Phone Number: 9 - •3 —73 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiplepetitioner petition. Printed Name Mailing Address I. f /turY P/IY( r..) 75-s N.fw Signature '(//4PP7 Gf{F_EN (.14PP g/Ya Ar 4. 5. 6. 7. 8. I RECEIVED A F R 1 1 %G tb- BY: EXHIBIT 1 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition The territory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through , which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: 17 Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; Copes of notices sent to affected entities; A list of affected entities to which notices were sent; Please retum this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. EXHIBIT 1 BASIS Of BEARPIG NORTHWEST .��.�. .�_. EAST CORNEA SEC'IOK 1. I . r261. R22E. I Z.: SOMA I w T . F I�i 400 EAST STREET 1 � a EAS T 19.39' ' POINT O EIEGIA71Y1G I i RASBERRY LN ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH CORNER StcnoN 7, TEAS. R11E, SLOW Ir .t 1 ANNEXATION DESCRIPTION A parcel of land within the Northwest Quarter of Section 7, Township 26 South, Range 22 East, Salt lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a paint on the East right of way line of 400 East Street, said paint being South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and running thence North 72.50 feet along said east right of way line of 400 East Street: thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence North 2133.00 feet; thence West 327.11 feet to the paint of beginning. EAST 449.71' _ Contains 67,300 sq. ft. OR 1.54 acres NORTH 72.50' GRITEITH. POWER. HOWARTH 02-0007.0062 WEST 327.11' GROWN 02-007-0(761 DALTON MO) GRAPHIC SCALE +o o 1a so 1'ON0i)c 40•(fEETI WANG 01-007-0oS9 WEST 122.60' g ENGLEMAN gi 024074148 fp t7 b _. Lucas Blake License No. 7540504 APPROVED BY MOAB CITY MAYOR CITY RECORDER City [NGwitR CITrATTORNEY LOCATED IN THE NORTHWEST QUARTER OF SECTION 7 TOWNSHIP 26 SOUTH. RANGE 22 EAST SALT LAKE BASE AND MERIDIAN i ANNEXATION MAP 691 S 400 E MOAB, UT 84532 1 APPROVED APPROVED Angevin APPROVED .�"if Kw EXHIBIT 1 A parcel of land within the Northwest Quarter of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point on the East right of way line of 400 East Street, said point being South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and running thence North 72.50 feet along said east right of way line of 400 East Street; thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence North 283.00 feet; thence West 327.11 feet to the point of beginning. Contains 67,300 sq. ft. OR 1.54 acres RECEIV�;�- APR 1 1 2016 BY: EXHIBIT 1 CERTIFICATION, I, Rachel Stenta, the duly appointed City Recorder, in and for the City of Moab, Grand County, State of Utah, do hereby certify that attached Petition by Randy Day and M. Wang, meets the annexation requirements outlined in Title 10-2-403(2) (3) and (4) of the Utah Code Annotated, specifically: 1) That said petition contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that: i. is located within the area proposed for annexation; ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation; b. covers 100% of rural real property as that term is defined in Section 17B- 2a-1107 within the area proposed for annexation; c. covers 100% of the private land area within the area proposed for annexation, if the area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and iii. is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That said petition was accompanied by a copy of the notice sent to affected entities and a list of the affected entities to which notice was sent; 4) If the petition proposes the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located, be accompanied by a copy of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in which the area is located; and 5) Designate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor; and 6) That no previous petition for annexation has been tiled which has not been denied, rejected, or granted for the proposed annexation area; IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Moab, this 26th day of May, 2016. Rachel Stenta City Recorder