HomeMy Public PortalAboutORD-CC-2006-06ORDINANCE 2006-06
AN ORDINANCE OF THE GOVERNING BODY OF MOAB
ANNEXING PROPERTY TO THE CITY OF MOAB
WHEREAS, THE Moab governing body has received a petition for annexation of
certain property 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 City Council has determined that the property meets the
requirements of the City's annexation policy plan; and
WHEREAS, the landowners of the affected property have consented to and
petitioned for this annexation and the City Recorder has certified that the application
complies with applicable law; and
WHEREAS, the City Council has considered 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 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
City that:
The property described in Exhibit "1" is hereby annexed into the City of Moab
and;
This ordinance shall take effect immediately upon passage and this ordinance
constitutes an amendment to the articles of incorporation for the City of Moab.
PASSED AND APPROVED THIS 9`h DAY OF M.006.
*TTE
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CWteccgcliir,,,.���
David L. Sakrison
Mayor
D t e720a MB 2006 6:08PM 59/
atee 0
Fees None
Filed By: MM
GRAND
MERLEMCOUNTYFCORPORATION
For: MOAB CITY
Ordinance 2006-06
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EXHIBIT 1
Petition dabs:
W/fATA nr'rTft
PAYMENT rilEt:;:::NIID
CITY OP MOAB
JAN - a 2006
CH # 6 . /31
AMOUNT too. (In
PSTITIQN FOR ANNEXATION
jAkwA lzi ,006
IMO
Petition Description (Approximate Address): A p pLG
Contact Sponsor Name: ULL l_.7
F acr n?
rto,4,Q
Contact Sponsor Yelling Address: 22..00 Cz.oss Aveuo S L.Cki ZZpd
Contnot sponsor Phone Number: 2.14 • ro . c-6,4 3
Wo, tho undersigned, bring a majerity of the owners of ra,l to wpm ly i1u� y lyirw csur,llgucwsr
to the corporate limits of Moab City, s municipal uorooration in Crand County, etate of Utah, and
ash* alas the owners at mime than nne-third (1/9) in value of the prelorty Bald territory as
&haws by the 1+3t siaasai i mmd ;II G am ed Cuuc,ly, hanky resispudf fully pu0don the Nome
Mayor end City Council of Moab City that such territory bo annexed to and become part of Bald
Moab [sty end that they city limits of Moab City be extended so as to inoludu the
+y Navin bolas I
MY Alsal191tInI an thi% Ilrtilili n mily to rTmrirkirrxi err n wands Whine nr as dart of ■ rnuitinia,
pe igener petition.
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EXHIBIT 1
LEGAL DESCRIPTION OF THIS ANNEV TION
LEGAL DESCRIPTION PARCEL �1
DESCRIPTION OF A PARCEL OF LAND IN THE SOUTH 1/2 OF SECTION 35. T 25 S.
R 21 E. SUM. GRANO COUNTY, UTAH. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER MMICH BEARS ATTEST 588.00 FT. THENCE NORTH 660.00
FT. FROM THE SOUTH 1/4 CORNER SECTION 35, T 25 S. R 21 E. SLM, AND PROCEED-
ING THENCE N 1' 48'00 315.50 FT. TO A CORNER, THENCE N 89' 57'00"E 167.80
FT. TO A CORNER. THENCE N 0' 31'00"E 344.60 FT. TO A CORNER. THENCE EAST
1065.20 FT. TO A CORNER. THENCE SOUTH 3.66 FT. TO A CORNER. THENCE WITH
A FENCE N 87'17'51"E 111.60 FT. TO A CORNER SET AT THE ANGLE POINT IN SAID
FENCE. THENCE MATH SAID FENCE S 89' 02'35'E 65.82 FT. TO A CORNER. THENCE
WI114 114E AUCNEMENT OF A OLD FENCE S 0'53'31"W (RECORON'S 0' 43411) 913.87 FT.
TO A CORNER SET AT THE ANGLE POINT IN SAID FENCE, THEME WITH SAID FENCE
S 0'19'3B'E (MORON'S 0'43'11) 98.37 FT. TO A FENCE CORNER POST, THENCE
WITH A FENCE N 8W 45'00"W 158.94 FT. (RECORO=N 89' 34'W 159.7 FT.) TO A CORNER.
THENCE WITH A FENCE N 0' 03'181 (RECORON NORTHERLY) 296.38 FT. TO A CORNER
AT THE ANGLE POINT IN SAID FENCE. THENCE 11114 SAID FENCE N 2' 33'28W (REC-
ORO•NORT IERLY) 54.72 FT. TO A FENCE CORNER POST. THENCE WEST 1248.59 FT.
(RECORDW1246.00 FT.) TO THE POINT Of BEGINNING ANO CONTAINING 21.32 ACRES,
MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT.
BEARINGS ARE BASED ON THE MONUMENTED SOUTH UNE SE1 /4 SECTION 35
(BEARING OF RECORD�N 89' 54'E).
LEGAL DESCRIPTION PARCEL B
DESCRIPTION OF A PARCEL OF LAND IN THE SOUTH 1 /2 OF SECTION 35. T 25 S.
R 21 E, SW, GRAND COUNTY. UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35, T 25 S, R 21 E. SUA,
AND PROCEEDING THENCE WITH THE SOUTH UNE OF SAID SECTION 35 S 89' 54'00"W
250.30 FT. TO A CORNER THENCE MMTH THE BOUNDARIES OF THE MOAB CITY
PROPERTIES THE FOLLOWING NINE COURSES: NORTH 163.00 FT. TO A CORNER, THENCE
S 89' 54'00"1, 107.89 FT. TO A CORNER. THENCE NORTH 175.00 FT. TO A CORNER,
THENCE S 89' 54'00"W 211.81 FT. TO A CORNER. THENCE NORTH 9.81 FT. TO A
CORNER. THENCE WEST 120.00 FT. TO A CORNER, THENCE SOUTH 10.00 FT. TO A
CORNER, THENCE S 89' 54'00"W 95.00 FT. TO A CORNER. THENCE SOUTH 338.00 FT.
TO A CORNER, THENCE LEAVING SAID MOAB CITY LANDS AND PROCEEDING WITH THE
SOUTH UNE OF SAID SECTION 35 S 89' 54'00"W 202.69 FT. TO A CORNER, THENCE
NORTH 661.31 FT. TO A CORNER. THENCE EAST 1615.89 FT. TO A CORNER, THENCE S
0' 30'55'E 658.50 FT. TO A CORNER. THENCE WITH THE SOUTH UNE OF SAID SECTION
35 S 89.54100'W 634.12 FT. TO THE SOUTH 1/4 CORNER OF SECTION 35, THE POINT
OF BEGINNING, ANO CONTAINING 20.78 ACRES. MORE OR LESS.
BEARINGS ARE BASED ON THE MONUMENTED SOUTH UNE 5E1 /4 SECTION 35
(BEARING OF RECOROmN 8W 54100"E).
I, TIMOTHY M. KEOGH, DO HEREBY CERTIFY THAT I HAVE SURVEYED THESE LANDS
AT THE THE LEGAL DESCRIPTIONS ARE TRUA ND CORRECT.
Ent 472
011111414
AN.
No171004
TIMOTHY M.
KEOGH
•
r►rrrniono
OFFICE OF THE LIEUTENANT GOVERNOR
CERTIFICATE OF ANNEXATION
I, GARY R. HERBERT, LIEUTENANT GOVERNOR OF THE STATE OF
UTAH, HEREBY CERTIFY THAT there has been filed in my office a notice of
annexation from CITY OF MOAB, dated May 9t", 2006, complying with Section 10-2-
425, Utah Code Annotated, 1953, as amended.
NOW, THEREFORE, notice is hereby given to all whom it may concern that the
attached is a true and correct copy of the notice of annexation, referred to above, on file
with the Office of the Lieutenant Governor pertaining to CITY OF MOAB, located in
Grand County, State of Utah.
IN TESTIMONY WHEREOF, I have
hereunto set my hand, and affixed the Great
Seal of the State of Utah this 1st day of
August, 2006 at Salt Lake City, Utah.
2llu.Git4--
GARY R. ' ERBERT
Lieutenant Governor
Merlene Mosher
County Recorder
435-259-1331
ut44
June 13, 2006
Utah State Tax Commission
Terry Chidester
210 North 1950 West
Salt Lake City, Utah 84124
Dear Terry:
Vauna Randall
Chief Deputy Recorder
435-259-1333
John Cortes
Deputy Recorder
435-259-1332
Please find enclosed an Annexation into the City of Moab. The Ordinance No. 2006-06, was
recorded June 9, 2006 in Book 671 pg 589- 591, Entry No. 47282 and the Annexation Map was
filed 6-9-06, entry #472828 in Book 671 pg 592.
The annexed area is in the S1/2 of Section 35 T25S R21E SLB&M.
Sincerely Yours,
i/n14.444.,- )974.e4)
Merlene Mosher
Grand County Recorder
125 East Center Street • Moab, Utah 84532 • Fax 435-259-1320
ORDINANCE 2006-06
AN ORDINANCE OF THE GOVERNING BODY OF MOAB
ANNEXING PROPERTY TO THE CITY OF MOAB
WHEREAS, THE Moab governing body has received a petition for annexation of
certain property 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 City Council has determined that the property meets the
requirements of the City's annexation policy plan; and
WHEREAS, the landowners of the affected property have consented to and
petitioned for this annexation and the City Recorder has certified that the application
complies with applicable law; and
WHEREAS, the City Council has considered 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 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
City that:
and;
The property described in Exhibit "1" is hereby annexed into the City of Moab
This ordinance shall take effect immediately upon passage and this ordinance
constitutes an amendment to the articles of incorporation for the City of Moab.
PASSED AND APPROVED THIS 9`h DAY OF M 2006.
11
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L
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David L. Sakrison
Mayor
Pt e: -UN- 06:01 31
ate:
Fee: None
Filed By: MM
GRANDNCOUNTYECORPORATION
For: MOAB CITY
Ordinance 2006-06
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EXHIBIT 1
LAVAL DESCRIPTION OF THIS ANNEXATION
LA'GAL DESCRIPTION PARCEL A
DESCRIPTION OF A PARCEL OF LAND IN THE SOUTH 1/2 OF SECTION 35. T 25 S.
R 21 E. SUL GRAND COUNTY. UTAH. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER MIN ICH BEARS (NEST 588.00 FT. THENCE NORTH 580.00
FT. FROM THE SOUTH / 4 CORNER SECTION 35, T 25 S, R 21 E. SUL AND PROCEED-
ING THENCE N 148100T 315.50 FT. TO A CORNER. THENCE N 89 STOO.E 157.50
FT. TO A CORNER THENCE N 0" 311001 344.80 FT. TO A CORNEA, THENCE EAST
1085.20 FT. TO A CORNER, THENCE SOUTH 3.84 FT. TO A CORNER, THENCE MATH
A FENCE N 87'17111 111.80 FT. TO A CORNEA SET AT THE ANGLE POINT IN SAID
FENCE. THENCE WITH SAID FENCE S 81102'351 MU FT. TO ACE
WITHTHE /WOW/IENT Oi AA OLD FENCE • S 0'53'31.91 (RECORONBS 000R433.19) 913�.877 FT
TO A CORNER SET AT THE ANGLE POINT IN SAID FENCE. THENCE WITH SAID FENCE
S 0' 19'3f'E S 0' 43 911.37 FT. TO A FENCE CORNER POST, THENCE
MATH A FENQ N a!' 45900"w 156.94 FT. (RECORO•N 88'34'w 159.7 FT.) TO A CORNER.
THENCE 111141 A FENCE N 0' 03'181 (RECORa`NORTHERLY) 298.31 FT. TO A CORNEA
AT THE ANGLE POINT IN SAID FENCE. THENCE IMTII SAID FENCE N 2' 33'28"W (REC-
ORp•NORTHERLY) 54.72 FT. TO A FENCE COINER POST. THENCE WEST 1248.59 FT.
f�00 FTPOINT BEGINNING AM�ORLEC��ARE TEDASSE�EDON THE ATTACHED PLAT.
BEARINGS ARE BASED ON THE MONUMENTED SOUTH UNE SE1/4 SECTION 35
(BEARING OF RECORD-N 8Nr 54'E).
LEGAL BA SCIPlPTION PARCEL B
DESCRIPTION OF A PARCEL OF LAND IN THE SOUTH 1 /2 OF SECTION 35. T 25 S.
R 21 E. SU& GRAND COUNTY. UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOW&
BEGINNING AT THE SOUTH 1/4 CORNEA Cr SECTION 35�, T 25 S. R 2/ E, SUA.
AND PROCEEDMO THENCE WITH THE. SOUTH UNE Of SAID SECTION 35 S 89' 54'00'W
250.30 FT. TO A COMER, THENCE UM THE BOUNDARIES OF THE MOAB CITY
PROPERTIES THE FOLLOWING NINE COURSES NORTH 183.00 FT. TO A CORNER. THENCE
S sr 54'00'1/ 107.59 FT. TO A CORDER. ?HENCE NORTH 175.00 FT. TO A CORNER.
THENCE S W54100.19 211.81 FT. TO A CORNER. THENCE NORTH 9.81 FT. TO A
CORNER. THENCE WEST 120.00 FT. TO A CORNER. THENCE SOUTH 10.00 FT. TO A
CORNER. THENCE S 89' Sot . 95.00 FT. TO A CORNER, THENCE SOUTH 338.00 FT.
TO A CORNER. THENCE LEAVING SAID MOAT CITY LANDS ANO PROCEEDING 61114 THE
SOUTH LINE Of SAID SECTION 35 S 89P 54'00"IM 202.89 FT. TO A CORNER, THENCE
NORTH 881.31 FT. TO A CORNER. THENCE EAST 1815.89 FT. TO A CORNER, THENCE S
0' 30'S5°E 85IL50 FT. TO A CORNER, 114ENCE MATH THE SOUTH UNE OF SAID SECTION
35 S 89.54'0019 834.12 FT. TO THE SOUTH 1 /4 CORNER OF SECTION 35, THE POINT
OF BEGINNING, AND CONTAINWIG 20.78 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE MONUMENTED SOUTH UNE SE1/4 SECTION 35
(BEARING Of REC01lDIDN 89' 54'00°E).
b 'MAMMY M. KEOGH, DO HEREBY CERTIFY THAT 1 HAVE SURVEYED THESE LANDS
AT THE THE LEGAL DESCRIPTIONS ARE TRUA ND CORRECT.
DATE
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PUBLIC
NOTICE
UPAXLP
CITY OF MOAB
PUBLIC HEARING
ORDINANCE
#2006-06
The City of Moab
will hold a Public
Hearing on Tuesday,
April 25, 2006 at ap-
proximately 7:30 p.m.
in the Council Cham-
bers of the Moab City
Offices at 217 East
Center Street, Moab,
Utah.
The purpose of this
hearing is to solicit
public input Ordinance
#2006-06 - An Or-
dinance of the Gov-
erning Body of Moab
Annexing Property to
the City of Moab. Cop-
ies of the proposed
ordinance are avail-
able at the Moab City
Recorder's office and
at www.moabcityorg.
In compliance with
the Americans with
Disabilities Act, indi-
viduals needing spe-
cial accommodations
during this meeting
should notify the Re-
corder's Office at 217
East Center Street,
Moab, Utah 84532; or
phone (435) 259-5121
at least three (3) work-
ing days prior to the
meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah April 13
and 20, 2005.
Proof of Publication
STATE OF UTAH,
County of Grand,
1
1
1
SS.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Annexation Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Apr. 13, 2006
;and the last on Apr. 20, 2006
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Co -Publisher
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Commission Expires
NOTARY PUBLIC
SADIE WARNER
4481 Easy Street
Moab, Utah 84532
My Commission Expires
November 18, 2009
+s9r.r/ nen• nnlirt ,T• ••
CITY OF MOAB
PLANNING
COMMISSION
PUBLIC HEARING
LAND USE
ORDINANCES
The City of Moab
Planning Commis-
sion will hold a Public
Hearing on Thursday,
November 17, 2005
at approximately 6:00
p.m. in the Council
Chambers of the Moab
City Offices at 217 East
Center Street, Moab,
Utah.
The purpose of this
hearing is to solicit pub-
lic input on the following
land use ordinances:
ORDINANCE 2006-01
AN ORDINANCE
AMENDING SECTION
17.06.015 OF THE
MOAB MUNICIPAL
CODE REGARDING
DESIGNATION OF FI-
NALAUTHORITY FOR
APPROVAL OF MU-
NICIPAL LAND USE
CODE PROCESSES
AND THE DESIGNA-
TION OF APPEAL
THE PLANNING C(
MISSION IS DESIu-
NATED AS THE FI-
NALAUTHORITY FOR
GRANTING CONDI-
TIONAL USE PER-
MITS. APPEALS ARE
TO BE MADE TO THE
BOARD OF ADJUST-
MENTS.
ORDINANCE 2006-05
AN ORDINANCE
AMENDING SEC-
TIONS 17.12.020
THROUGH 17.12.090
OF THE MOAB MU-
NICIPAL CODE AS
FOLLOWS:
(1). DELETING THE
WORDS "SPECIAL
EXEMPTIONS" AND
BY REPLACING THE
WORD "NONCON-
FORMING" WITH
"NONCOMPLYING"
WHENEVER THE OR-
DINANCE REFERS
TO STRUCTURES OR
BUILDINGS.
ORDINANCE 2006-06
AN ORDINANCE
AMENDING THE
MOAB MUNICIPAL
CODE SECTIONS
16.08.010, PRELIMI-
NARY PLAT PRO-
CEDURE, 16.12.050
PRELIMINARY PLAN
APPROVAL AND
16.08.050 VACATING
OR CHANGING OF A
SUBDIVISION PLAT
REQUIRING THE
PLANNING COM-
MISSION TO HOLD
PUBLIC HEARINGS
ON PRELIMINARY
PLAT APPROVAL
AND TO REQUIRE
THAT NOTICING AND
CHANGE OF SUBDI-
VISION PLATS MUST
CONFORM TO STATE
LAND USE CODEAND
TO NOTICING RE-
QUIREMENTS.
ORDINANCE 2006-07
AN ORDINANCE
AMENDING SECTION
16.08.05.F OF THE
MUNICIPAL CODE
REGARDING THE
REQUIREMENT FOR
SUBDIVISION, MULTI-
UNIT RESIDENTIAL
AND INDUSTRIAL DE-
VELOPMENT TO OB-
TAIN A LETTER FROM
ASEWER AND WATER
AUTHORITY THAT IS
NOT THE CITY WHO
WILL PROVIDE SAID
SEWER AND/OR WA-
TER SERVICES.
ORDINANCE 2006-08
AN ORDINANCE
AMENDING THE
MUNICIPAL CODE
DESIGNATING THE
PLANNING COMMIS-
SION AS THE FINAL
LAND USE AUTHOR-
ITY AND THE BOARD
OF ADJUSTMENT
AS THE APPEAL AU-
THORITY.
ORDINANCE 2006-13
AN ORDINANCE
AMENDING SECTION
17.66.140, PLANNED
UNIT DEVELOP-
MENTS, OF THE
MOAB MUNICIPAL
CODE DESIGNATING
THE PLANNING COM-
MISSION TO HOLD A
PUBLIC HEARING AF-
TER PROPER NOTIC-
ING ON PRELIMINARY
PLAT APPROVAL.
ORDINANCE 2006-14
AN ORDINANCE
AMENDING THE
MOAB MUNICPAL
CODE, SECTION
17.69.060, SECOND-
ARY DWELLING,
ESTABLISHING THE
BOARD OF ADJUST-
MENT AS THE AP-
PEALAUTHORITY TO
PLANNING COMMIS-
SION DECISIONS.
ORDINANCE 2006-15
AN ORDINANCE
AMENDING SECTION
17.70.050, BED AND
BREAKFAST FACILI-
TIES, ESTABLISHING
THE BOARD OF AD-
JUSTMENT AS THE
APPEAL AUTHOR-
ITY TO PLANNING
COMMISSION DECI-
SIONS.
Complete copies of
these ordinance are
available for public re-
view at the Moab City
Planning Office locat-
ed at 217 East Center
Street.
In compliance with
the Americans with Dis-
abilities Act, individuals
needing special ac-
commodations during
this meeting should
notify the Recorder's
Office at 217 East Cen-
ter Street, Moab, Utah
84532; or phone (435)
259-5121 at least three
(3) working days prior
to the meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah November
3 and 10, 2005.
NOTARY PUBLIC
SUSAN LARSEN
300 S Main
Moab, Utah 84532
My Commission Expires
June 30, 2008
STATE OF UTAH
Proof of Publication
STATE OF UTAH,
County of Grand,
Ss.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Land Use Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Nov. 3, 2005
;and the last on Nov. 10, 2005
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
v
Co -Publisher
Subscribed and sworn before me this nov.
• Notary Public
Residing at Moab, Utah
My Commission Expires
31), 3,