HomeMy Public PortalAboutPKT-CC-2011-10-11CITY OF MOAB
October 11, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
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Moab City
Community Meetings
October 2011
October 2011
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Moab City Recorder's Office
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10/7/2011 11:08 AM
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Moab City
Community Meetings
October
2011
December 2011
November 2011
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December 2011
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5:00pm 6:00pm KZMU Boa
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4:00pm MARC
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Moab City Recorder's Office
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10/7/2011 11:08 AM
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City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, October 11, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 August 23, 2011
1-2 September 13, 2011
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATION
4-1 Presentation of the Mayor's Student Citizenship of the Month Awards for
October 2011 for Helen M. Knight School
SECTION 5: CONSENT AGENDA
5-1 Approval of an Agreement by and between the Utah Retirement Systems
Public Employees Long -Term Disability Program and the City of Moab
5-2 Approval of Election Judges for the 2011 November General Election
5-3 Approval of a Special Business Event License for Moab Folk Festival and
Moab Folk Camp from October 30 to November 4, 2011 at the Moab Ball
Park
Page 5 of 86
SECTION 6: NEW BUSINESS
6-1 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the R-2
Zone at 283 Hobbs Street
6-2 Approval of Change Order #1 for the Bartlett Street and 400 North Street
Improvements Project
6-3 Discussion Regarding Recycling Donations
6-4 Approval of a Pre -Annexation Agreement by and between the City of Moab
and Red Rock Partners, LLC
6-5 Approval of a Pre -Annexation Agreement by and between the City of Moab
and Miller Funding Group
6-6 Approval of a Pre -Annexation Agreement by and between the City of Moab
and the William Ralph Stroble Living Trust and Harley M. Soltes
6-7 Discussion Regarding Council Prioritization of Staff Projects
SECTION 7: READING OF CORRESPONDENCE
SECTION 8: ADMINISTRATIVE REPORTS
SECTION 9: REPORT ON CITY/COUNTY COOPERATION
SECTION 10: MAYOR AND COUNCIL REPORTS
SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 12: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
Page 6 of 86
MOAB CITY COUNCIL
REGULAR MEETING
August 23, 2011
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Kyle Bailey, Jeffrey Davis, Sarah Bauman, Kirstin Peterson and Gregg
Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City
Engineer Rebecca Andrus, Community Development Director David
Olsen, Public Works Director Jeff Foster, Police Chief Mike NaVarre, City
Manager Donna Metzler and City Recorder/Assistant City Manager
Rachel Ellison.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and Citizen B. D. Howard led in the Pledge of Allegiance. Fourteen
(14) members of the audience and media were present.
Councilmember Peterson moved to approve the Regular City Council
Meeting minutes of July 12, 26 and August 9, 2011. Councilmember
Bailey seconded the motion. The motion carried 4-0 aye.
Under Citizens to Be Heard, Sara Melnicoff outlined a volunteer project
along the pathway and introduced Cad Milligan who was homeless for
two years and had recently received help from Ms. Melnicoff with his
housing needs. Mr. Milligan stated that there are still homeless
individuals in Moab. Ms. Melnicoff stated that to have a healthy
community we must deal with all aspects and it has helped out a lot to
have a shelter.
REGULAR MEETING &
ATTENDANCE
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
Under Community Development Department Update, Community UPDATE
Development Director Olsen stated that the Steen Trail was under way
and he was working on securing easements for the trail. Community
Development Director Olsen stated that there was a trail issue in Grand
County and that Grand County was looking at abandoning a trail
easement.
Under Engineering Department Update, City Engineer Andrus stated
that there was progress on the Lions Park trail and the boardwalk had
been eliminated. City Engineer Andrus stated that three main items had
been eliminated to reduce the overall cost of the project.
A Planning Department Update was not given.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that staff had met with Mulberry Grove LLC and that the asphalt
portion of the project in the subdivision would begin construction on
September 6, 2011.
Mayor Sakrison proclaimed September 2011 as Moab Family Meals
Month.
Mayor Sakrison opened a public hearing on a Conditional Use Permit
Application for a Bed and Breakfast Located at 310 East 100 North in the
R-3 Zone at 7:13 PM.
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
PROCLAMATION
PUBLIC HEARING OPENED
August 23, 2011
Paw 6t-f:
Planning Director Reinhart gave an overview of the Proposed
conditional use permit.
Citizen Larry Hickson Jr. stated that he lives at 161 East and 100 North.
Mr. Hickson distributed some historic photos from the Dan O'Laurie
Museum illustrating that Moab has historically been a mixed use
community. Mr. Hickson stated that our community needs to be more
accommodating of development from 400 East to 500 West and that
many residents live in harmony in mixed use developments right now.
Citizen Lucy Wallingford stated that she lives at 367 East and 100 North.
Ms. Wallingford stated that she knows that the applicants have followed
all of the regulations and will be approved. Ms. Wallingford stated that
this Bed & Breakfast will not have a negative impact on the
neighborhood. Ms. Wallingford then read a written statement. Ms.
Wallingford stated that the need for affordable housing eclipses the
need for tourist lodging and that she has asked that the Conditional Use
Permit be deleted from the municipal code for residential
neighborhoods. Ms. Wallingford asked the City Council to approve this
license and to take steps to remove the permit from all residential
zones.
Sue Dalton stated that she is the applicant and that the house was built
in 1933 and has been remodeled and two other buildings have been
attached. Ms. Dalton stated that the project was started three and a
half years ago and that the neighbors have all been happy with it.
Mayor Sakrison closed the public hearing at 7:27 PM.
Councilmember Peterson moved to approve a Class II Beer License for
Kyle Edward Walker, d.b.a. Izakaya Located at 60 North and 100 West.
Councilmember Bailey seconded the motion. The motion carried 4-0
aye.
Councilmember Peterson moved to approve Local Consent of a Full -
Service Restaurant Liquor License for Kyle Edward Walker, d.b.a.
Izakaya Located at 60 North 100 West. Councilmember Bailey
seconded the motion. The motion carried 4-0 aye.
Councilmember Bauman moved to approve a Special Event License for
the Moab Century Tour to conduct a Road Cycling Event on September
16 to 18, 2011. Councilmember Stucki seconded the motion. The
motion carried 4-0 aye.
Councilmember Stucki moved to approve Proposed Resolution #17-2011
—A Resolution Accepting the Public Improvements Constructed In
Association With The Planned Unit Development Known as the Portal
Vista Planned Unit Development (PUD). Councilmember Peterson
seconded the motion. The motion carried 4-0 aye.
Councilmember Peterson moved to approve Proposed Ordinance #2011-
15 — An Ordinance Amending the City of Moab Municipal Code, Sections
17.45 and 17.48 by Removing the Increase in Lot Width for Additional
Dwellings to be Placed on a Lot. Councilmember Bauman seconded the
motion. The motion carried 4-0 aye.
PUBLIC COMMENTS
PUBLIC HEARING CLOSED
CLASS II BEER LICENSE FOR
IZAKAYA, APPROVED
LOCAL CONSENT FOR A FULL -
SERVICE RESTAURANT LIQUOR
LICENSE FOR IZAKAYA,
APPROVED
SPECIAL EVENT LICENSE FOR
MOAB CENTURY TOUR,
APPROVED
PROPOSED RESOLUTION #17-
2011, APPROVED
PROPOSED ORDINANCE#2011-
15, APPROVED
PROPOSED ORDINANCE#2011-
Councilmember Peterson moved to approve Proposed Ordinance #2011 16, APPROVED
August 23, 2011
Pop g ems%
16 — An Ordinance Amending the City of Moab Municipal Code, Section
17.09.030 by Including the Residential Use of a Townhome as an
Exception to the One Dwelling -One Lot Provision. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye.
Councilmember Bailey moved to approve a Letter of Agreement by and
between the City of Moab and Four Corners Community Behavioral
Health for the Communities That Care Program. Councilmember
Peterson seconded the motion. The motion carried 4-0 aye.
There was no Correspondence to be Read.
Under Administrative Report, City Manager Metzler stated that she had
been working on the Subdivision Improvements Agreement with
Planning Staff and a Developer and that staff had met with a developer
regarding the future of the Powerhouse Lane Area. City Manager
Metzler stated that she had been working on the Solid Waste District's
recycling proposal and would be attending a Grand County Community
Impact Board Project meeting the next day.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Mayor Sakrison mentioned that he
had collected an award on behalf of the City of Moab from Utah State
University.
Councilmember Peterson stated that the City has been collecting a
recycling donation on the City utility bills for quite some time and that
the original organization has changed structure and it may no longer be
appropriate for the City to collect that donation without a policy in
place.
Councilmember Peterson moved to pay the bills against the City of
Moab in the amount of $131,140.57. Councilmember Stucki seconded
the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the Regular Council Meeting at 7:59 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder
LETTER OF AGREEMENT
BETWEEN CITY OF MOAB AND
FOUR CORNERS COMMUNITY
BEHAVIORAL HEALTH,
APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
August 23, 2011
P 6ff8%
MOAB CITY COUNCIL
REGULAR MEETING
September 13, 2011
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor Pro-tem Jeffrey Davis called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Sarah Bauman, Kirstin Peterson and Gregg Stucki; Planning Director Jeff
Reinhart, City Treasurer Jennie Ross, City Engineer Rebecca Andrus,
Public Works Director Jeff Foster, City Manager Donna Metzler and City
Recorder/Assistant City Manager Rachel Ellison.
Mayor Pro-tem Davis called the Regular City Council Meeting to order at
7:00 PM and led in the Pledge of Allegiance. Twenty (20) members of
the audience and media were present.
There were no Minutes to Approve.
There were no Citizens to Be Heard.
A Community Development Department Update was not given.
Under Engineering Department Update, City Engineer Andrus stated
that she had met with the Utah Department of Transportation (UDOT)
regarding pre -construction coordination for the Highway 191 project
and that the first phase of that project will begin on September 26, 2011
and would involve a three inch overlay, lane leveling and a bicycle path.
Under Planning Department Update, Planning Director Reinhart stated
that the South Area Annexation was proceeding. Planning Director
Reinhart then distributed an Affordable Housing brochure.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that the interpretative kiosk would be up by the end of the week
for the City Center solar project. Public Works Director Foster continued
that the dog park was coming along and that security lights were on at
the Ballpark. Public Works Director Foster added that staff had been
working on wiring issues at the Moab Recreation and Aquatic Center,
that Staff had cleaned up the parking lot at Old City Park, the sidewalk
grinding project was finished and that Staff had drafted a City
Encroachment Permit.
REGULAR MEETING &
ATTENDANCE
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
Ranna Bieschke of the Canyonlands Half Marathon gave a presentation PRESENTATION
regarding Special Event Permits and City Parks on behalf of six special
event organizers.
Councilmember Peterson moved to approve the consent agenda as
follows:
1) Approval of Local Consent of a Full -Service Restaurant Liquor
License for Alex Borichevsky and Frankie Winfrey, d.b.a. Sabaku
Sushi Located at 90 East Center Street;
2) Approval of a Street Performance Permit for John Kovash for
Various Dates and Locations in Downtown Moab;
3) Approval of a Request by the Grand County High School and
Middle School Native American Club for Use of Swanny City Park
CONSENT AGENDA, APPROVED
September 13, 2011
F1 b of 46
on October 22, 2011;
4) Approval of a Special Event Business License for the Grand
County High School Native American Club to Conduct a Concert in
Swanny City Park on October 22, 2011;
5) Approval of a Waiver of the Special Business License Fee for the
Grand County High School Native American Club in an Amount
Not to Exceed $80.00;
6) Approval of a Request by Chile Pepper Bike Shop for Use of
Anonymous Park on October 30, 2011;
7) Approval of a Special Event License for Chile Pepper Bike Shop
to Conduct a Bicycle Dirt Jump Competition on October 30,
2011 at Anonymous Park with the conditions listed in the memo
from City Manager Metzler dated September 9, 2011.
Councilmember Bauman seconded the motion. The motion carried 4-0
aye.
Councilmember Bauman moved to approve a Conditional Use Permit
Application for a Bed and Breakfast Located at 310 East 100 North in the
R-3 Zone. Councilmember Peterson seconded the motion.
Councilmember Stucki stated that he runs a Bed and Breakfast business.
The motion carried 4-0 aye.
Councilmember Bauman moved to approve Proposed Resolution #18-
2011—A Resolution Accepting Improvements Constructed in Association
with the Medical Clinic Previously Located at 630 West and 400 North.
Councilmember Stucki seconded the motion. The motion carried 4-0
aye.
Councilmember Stucki moved to Award the Bartlett Street and 400
North Street Improvements Project Bid to LeGrand Johnson Construction
in the amount of $134,755.16. Councilmember Bauman seconded the
motion. The motion carried 4-0 by a roll -call -vote.
Councilmember Peterson moved to approve the Bartlett Street and 400
North Street Improvements Project Contract. Councilmember Bauman
seconded the motion. The motion carried 4-0 aye.
Councilmember Peterson moved to approve the Final Plat for Moab
Valley Healthcare Subdivision. Councilmember Bauman seconded the
motion. The motion carried 4-0 aye.
Councilmember Bauman moved to table a Solicitor License for Vivint,
Inc., d.b.a. Arm Security Incorporated to Conduct Door -to -Door Sales of
Home Security and Automation Systems. Councilmember Peterson
seconded the motion. The motion carried 4-0 aye.
Councilmember Stucki moved to approve a Warranty Deed from Michael
and Heather Taylor for Dedication of Right -of -Way Along West Center
Street. Councilmember Peterson seconded the motion. The motion
carried 4-0 aye.
Councilmember Peterson moved to approve an Improvements
Agreement by and between the City of Moab and Michael and Heather
Taylor for Public Improvements in the West Center Street Right -of -Way.
Councilmember Bauman seconded the motion. The motion carried 4-0
aye.
CONDITIONAL USE PERMIT,
APPROVED
PROPOSED RESOLUTION #18-
2011, APPROVED
BARTLETT STREET AND 400
NORTH STREET
IMPROVEMENTS PROJECT BID,
APPROVED
BARTLETT STREET AND 400
NORTH STREET
IMPROVEMENTS PROJECT
CONTRACT, APPROVED
FINAL PLAT FOR MOAB VALLEY
HEALTHCARE SUBIDIVISION,
APPROVED
SOLICITOR LICENSE FOR VIVINT
INC. D.B.A. ARM SECURITY,
TABLED
WARRANTY DEED FROM
MICHAEL AND HEATHER
TAYLOR, APPROVED
IMPROVEMENT AGREEMENT
BY AND BETWEEN CITY OF
MOAB AND MICHAEL AND
HEATHER TAYLOR, APPROVED
September 13, 2011
Feria of g6
Councilmember Bauman moved to approve a Subdivision to Create the
Archland Townhome Subdivision in the R-3 Zone at 164 South 300 East.
Councilmember Stucki seconded the motion. The motion carried 4-0
aye.
City Manager Metzler made a Presentation Regarding Long Range Water
Projects and discussion followed.
Under Reading of Correspondence, Councilmember Stucki stated that
he had received an e-mail regarding camp trailers parked along 400
North Street.
Councilmember Bauman mentioned that there was some new graffiti
along the parkway next to the Youth Garden Project.
Under Administrative Report, City Manager Metzler stated that there
would be a presentation at the next City Council meeting regarding the
Moab Recreation and Aquatic Center and that Utah State University
had received a $15 million donation which would fully fund phase one
of their Moab campus project. City Manager Metzler stated that the
South Area Annexation was coming together and the pre -annexation
agreements would be up for approval during the next month. City
Manager Metzler stated that Public Works Director Foster had been
working on a new parks policy and the draft policy would be on the
next council agenda.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Mayor Pro-tem Davis stated that the
Airport Board was putting their air transportation contract out to bid
and that Great Lakes Airlines was asking the City Council for a letter of
endorsement. Mayor Pro-tem Davis then stated that the League of
Women Voters Candidate Forum would be held on October 3, 2011.
Councilmember Peterson requested that a discussion item be added to
the next agenda regarding recycling donations and utility billing.
Councilmember Peterson then stated that she had conducted a bicycle
tour the previous day and had the opportunity to ride with Cyclist
Lance Armstrong.
Councilmember Bauman stated that the Housing Authority would be
meeting the next day and that there was an opening on the board.
Councilmember Peterson moved to pay the bills against the City of
Moab in the amount of $719,293.97. Councilmember Stucki seconded
the motion. The motion carried 4-0 aye by a roll -call -vote.
Mayor Pro-tem Davis adjourned the Regular Council Meeting at 7:58
PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder
SUBDIVISION TO CREATE THE
ARCHLAND TOWNHOME
SUBDIVISION, APPROVED
PRESENTATION REGARDING
LONG RANGE WATER
PROJECTS
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
September 13, 2011
FPabgei of g6
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Honorable Mayor and Councilmembers
From: Rachel Ellison, City Recorder/Assistant City Manager
Date: 1 0/07/2011
Re: Long Term Disability Contract
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Sarah C. Bauman
Jeffrey A. Davis
Kirstin Peterson
Gregg W. Stucki
Utah Local Government's Trust through Public Employees Health Program has provided our
long term disability coverage for our employees since prior to 1987. Attached is the last contract
that we entered into for this coverage as well as a revised contract that reflects changes to the
policy as outlined in the attached e-mail message.
Please let me know if you have any questions.
Thanks
REC-MEM-11-10-001
First EPA Green Power Community in the Nation
Page 13 of 86
5-1
Dani
From:
Sent:
To:
Subject:
Attachments:
Angie.Benson@pehp.org
Tuesday, August 16, 2011 1:15 PM
danielle@moabcity.org
Fw: LTD Contract for City of Moab
CITY OF MOAB LTD CONTRACT 2011.doc
(Danielle please confirm back to my email so I know you received it)
Good afternoon :
Due to some of the changes made this last Legislative session we have updated our PEHP LTD Program Agreement
effective 7-1-11. We mailed a contract to Moab City in June but have not received it back.
Two important changes to the Agreement have been made. We have removed the term "Master Policy' as we no longer
use such a document and rely on Title 49 for definition of the Program. Second we have added clauses related to full-
time and volunteer firefighter participation taking effect 7-1-2011 for eligible firefighters.
The PEHP LTD Program remains governed by Title 49, Chapter 21 of the Utah Code.
Please note that the LTD Premium rate has not changed. For everyone except firefighters it remains .006 (.6%) of
regular salary. Rates for firefighters will be paid through the Utah Fire Insurance Premium Tax therefore no premium
rates are to be paid on firefighters' salaries.
I have attached an Agreement for review and signature. Please remember to keep a copy for your records.
Please return the original signed & dated Agreement to me at the address below.
Thank you for allowing us to administer this important program for your employees.
If you have any questions about the contract or the LTD Program, please feel free to contact me.
Thank you.
Angie Benson, Manager
Long Term Disability Program
Public Employees Health Program
560 East 200 South
Salt Lake City, Utah 84102
Office Phone: 801-366-7711
Department Phone: 1-800-365-7347
Department Fax: 801-366-7321
angie.benson @ pehp.orq
Qx ce)\''
Page 134 of 86
AGREEMENT
UTAH RETIREMENT SYSTEMS
PUBLIC EMPLOYEES LONG-TERM DISABILITY PROGRAM AND
CITY OF MOAB
THIS AGREEMENT is made and entered into by and between CITY OF MOAB a
body corporate and political subdivision of the State of Utah, for purposes of this
agreement hereinafter referred to as the "EMPLOYER", and UTAH RETIREMENT
SYSTEMS by and through the "PUBLIC EMPLOYEES LONG-TERM DISABILITY
PROGRAM" or "LTD Program".
WITNESSETH:
WHEREAS, LTD Program is obligated pursuant to Title 49, Chapter 21, Utah
Code Annotated (1953, as amended), to make long-term disability benefits available to
employers of the State, its educational institutions, and political subdivisions; and
WHEREAS, the EMPLOYER certifies it is a political subdivision or educational
institution of the State of Utah and also certifies that both the EMPLOYER and its eligible
employees qualify to participate in such a program; and
WHEREAS, EMPLOYER wants to participate in the LTD PROGRAM; and
WHEREAS, EMPLOYER wants to have the LTD Program act as the long-term
disability provider organization for EMPLOYER's Eligible Employees; and
WHEREAS, THE LTD Program has agreed to make available to EMPLOYER's
Eligible Employees the benefit program set forth in Title 49, Chapter 21, of the Utah Code
Ann.
NOW, THEREFORE, for and in consideration of the agreement and provisions
hereinafter contained, it is hereby agreed as follows:
LTD Employer Agreement July 2011 Page 1
Page 15 of 86
5-1
SECTION 1. SCOPE OF AGREEMENT
1.1 Title 49, of the Utah Code Ann. contains the terms of the long-
term disability LTD Program which govern the long-term disability benefits.
1.2 The LTD Program shall be administered by the Utah State Retirement
Office, under Utah law and the policies and rules adopted by the Utah State Retirement
Board and the LTD Program.
1.3 Any documents prepared and/or provided by the LTD Program are intended
to be complementary to this Agreement. In the event of any inconsistency between the
provisions of any LTD document, this Agreement and/or Utah law, they shall be resolved
by giving precedence first to Utah Code Title 49, Chapter 21, then to this Agreement.
SECTION 2. ELIGIBLE EMPLOYEES
2.1 The LTD Program will make long-term disability benefits available to the
EMPLOYER'S Eligible Employees, that term is as defined under Utah Code Ann. §49-21-
102 et. seq.. As of the Effective Date of this Agreement, "eligible employees" include:
a. All regular full-time employees who participate in the Utah
Retirement Systems as defined by Utah Code Ann. Title 49, except
firefighter service employees and volunteer firefighters hired prior to
July 1, 2011.
b. "regular full-time employees" who are covered by a retirement
program offered by the Teachers' Insurance and Annuity Association of
America (TIAA);
LTD Employer Agreement July 2011 page 2
Page 16 of 86
c. Employees who are eligible to participate in the Utah Retirement
Systems but have exempted from participating in the Utah Retirement
Systems;
d. Firefighter service employees initially entering employment on or
after July 1, 2011;
e. Volunteer firefighters for line -of -duty disability benefits only, who
initially enter employment on or after July 1, 2011;
f. "regular full-time employees" hired on or after July 1, 2011, who
participate in the Tier II Retirement System (Defined Contribution and/or
Defined Benefit Plans);
2.2 Anyone eligible for LTD Program coverage as of Jun 30, 2011, will remain
covered under the same rules that have applied to their employment previously.
2.3 The following employees are not eligible for LTD Program's Long-term
disability benefits:
a. Utah Retirement System post -retirees;
b. Employees with enough years to retire from the Utah Retirement
System without a reduction, and subject to U.C.A.§49-21-403; and
c. Employees classified by Utah Retirement Systems under Title 49, as
ineligible to participate with the Utah Retirement System.
SECTION 3. TERM OF AGREEMENT
3.1 Unless sooner terminated as herein provided, this Agreement shall be
effective beginning July 1, 2011, and will be automatically renewed annually. Either party
shall have the right to terminate this Agreement without cause by notifying the other
LTD Employer Agreement July 2011 Page 3
Page 17 of 86
5-1
party in writing, of its intent to terminate at least ninety (90) days in advance.
3.2 Upon termination of this Agreement, the LTD Program shall continue to
provide disability benefits to individuals whose date of disability was prior to the
termination date of this Agreement for as long as those individuals remain eligible for
disability benefits under the terms of the LTD Program.
3.3 Except as provided above, upon termination of this Agreement the LTD
Program shall not provide any benefits to EMPLOYER'S Eligible Employees which have a
date of disability on or after the termination date of this Agreement.
SECTION 4. RATES
4.1 EMPLOYER is required to make their regularly scheduled rate payments on
behalf of all Eligible Employees. The rate is listed in Exhibit A and is a percentage of
salaries and wages for each eligible employee employed by an employer covered by one of
the Retirement Systems or pursuant to 2.1 (b) herein.
4.2 Rates for firefighters and voluntary firefighters will be paid through the
Utah Fire Insurance Premium Tax therefore no rate is due to the LTD Program for
firefighter employees.
4.3 EMPLOYER acknowledges that during each legislative session, the
Retirement Board shall certify to the Legislature the employer paid rate expressed as a
percentage of salary which is required to fund the Public Employees' Long -Term
Disability Trust Fund.
4.4 The LTD Program may increase or decrease the rate, upon renewal upon
written notice to EMPLOYER, according to sound actuarial principles. If the LTD
Program determines that it is necessary to increase the rate in order to keep the Program
LTD Employer Agreement July 2011 Page 4
Page 18 of 86
actuarially sound, EMPLOYER will be provided with sixty (60) day notice of the rate
increase.
4.5 If EMPLOYER'S rate payments are more than sixty (60) days in arrears,
from the regularly scheduled due date, the LTD Program may at its sole discretion assess
a late charge of one percent (1 %) per month of the total amount due calculated from the
date the payment was due, and may terminate this Agreement.
SECTION 5. EMPLOYER RESPONSIBILITY
5.1 EMPLOYER hereby acknowledges and agrees that upon request of the LTD
Program, it is the responsibility of EMPLOYER to provide to the LTD Program the
number of Eligible Employees, and, if requested, a list of the names and salaries of
Eligible Employees.
5.2 Upon Eligible Employees' application for an LTD benefit, EMPLOYER
agrees to provide to the LTD Program the information necessary to complete the
application process, which includes, a completed Employer Certification and/or any other
relevant employment documentation requested by the LTD Program. EMPLOYER agrees
to cooperate with the LTD Program in, providing information requested by the LTD
Program.
SECTION 6. AVAILABILITY OF DATA
6.1 EMPLOYER acknowledges that the LTD Program is subject to Utah Code
Annotated §49-11-618(2) (1953, as amended), and the LTD Program will
comply with the applicable board resolutions on confidentiality.
LTD Employer AgreementJuly 2011 Page 5
Page 19 of 86
5-1
SECTION 7. GENERAL PROVISIONS
7.1 This Agreement may be modified or amended only by a written instrument
executed by duly authorized officers of the parties hereto except as provided below.
7.2 If at any time Utah law changes, which impacts this Agreement, this
Agreement will be automatically amended to reflect such changes.
7.3 If any party defaults in the performance of this Agreement or fails to
perform any of its obligations hereunder, the defaulting party shall pay all costs and
expenses, including reasonable attorney's fees, which may arise or accrue from enforcing
the Agreement or from pursuing any remedy provided hereunder.
7.4 Except as otherwise provided in this Agreement, in the event a party to this
Agreement fails to perform its obligations hereunder, the performing party shall provide
written notice to the non -performing party of such failure(s) to perform. The non-
performing party shall then have sixty (6o) days to cure such non-performance. If the
non -performing party does not cure such failures, the performing party may terminate the
Agreement without waiving any rights that parry may have either in law or equity.
7.5 This Agreement is entered into in the State of Utah and shall be governed by
the laws of Utah.
7.6 Each person signing this Agreement represents and warrants that they are
authorized to sign this Agreement and has the authority to bind the entity on whose
behalf they are signing.
7.7 The parties agree to resolve any dispute regarding this Agreement through
the administrative hearing process outlined in Utah Code Annotated §49-11-613.
LTD Employer Agreement July 2011 Page 6
Page 20 of 86
5-1
7.8 This Agreement is for the benefit of the parties and does not create any
rights, causes of action or obligations to or on behalf of any third party.
7.9. Each Party is responsible and liable for its own wrongful or negligent acts
which are committed by it or by its agents, officials, or employees.
EXECUTED this
day of , 2011.
UTAH RETIREMENT SYSTEMS
PUBLIC EMPLOYEES HEALTH PROGRAM
By:
-idea„,._
Title: Director Public Employees Health Program
Employer: CITY OF MOAB
By:
Signature
Print Name:
Title:
LTD Employer Agreement July 2011 page 7
Page 21 of 86
5-1
EXHIBIT A
PREMIUM RATE
July 1, 2011
The LTD employer -paid premium rate is .006 of
regular salary as defined by the Compensation
Table/Contribution Reporting for Utah Retirement
Systems found in the Employer's Guide.
LTD Employer Agreement July 2011 Page 8
Page 22 of 86
5-1
!Y!� 'Y2 _
4
UTAH STATE RETIREMENT BOARD
PUBLIC EMPLOYEES DISABILITY PROGRAM
540 East 2€ 0 South
Salt Lake City, UT 84102
AGREEMENT
This Agreement is made between the Utah State Retirement Hoard
thereinafter designated as the Board) and
MOAB CITY CORPORATION
(hereinafter designated as the Employer)
Subject to the provisions and conditions in the attached Master Policy,
and the Utah Public Employee's Disability Act of 1983 and subsequent
legislative amendments the Board agrees to provide the benefits and
services to qualifying members.
The Employer agrees to pay the required premium of six -tenths of one
percent of salaries and wages for each employee that as a member of a
group covered by one of the Retirement Systems. The Board, with
ninety -days notice, may increase said premiums if legally required as a
result of a current actuarial study.
The Employer further agrees to the provisions and conditions of the
Master Policy and the Utah Public Employees Disability Act of 1983 and
subsequent legislative amendments.
To be effective July 1st 1987.
IN WITNESS, whereof, the parties have hereunto set their hands and
seals this 28TH day of IAAY , 19 87
ATTEST
ATTEST
UTAH STATE $ TIREMENT BOARD
by
Moab City Corporation
by
.ay on Pene Thomas A. Stocks
City Recorder Mayor
Employer
�G c
Page 23 of 86
Precincts
1 & 9 - County Courthouse
Election Judges
Name
Address
*
Adair
Joyce
337 Walker Street
Key
Mary
287 E.100 N.
Stewart
Shirley
236 S. 300 E.
Alternate Election
Joseph
Beth
217 E. Center St.
10/7/2011 *presiding judge Moab City Recorder's Office
Page 24 of 86
5-2
Precincts 2 & 5 - City Center
Election Judges
Name
Address
*
5ecrest
Wanda
450 Millcreek Dr.
Dailey
Carrie
46 5 200 E.
McCandless
Charme
1785 Millcreek Dr.
Alternate Election
Mayberry
Wendy
1268 Madison Way
10/7/2011
*presiding judge
Moab City Recorder's Office
Page 25 of 86
Precinct #3 & #10- Grand Center
Election Judges
Name
Address
*
Taylor
Tammy
280 W. Center
P>yrd
Pat
826 Colorado Avenue
Padger
Pette
753 Pallisade Dr.
Alternate Election
Radcliffe
Crystal
509 W. Hale Avenue
10/7/2011 *presiding judge Moab City Recorder's Office
Page 26 of 86
Precinct 4 - First Baptist
Church
Election Judges
Name
Address
*
Dalton
Dixie
750 Kittle Lane
Randall
Lydia
427 Huntridge
Wickware
June
425 park Drive
Alternate Election
Guerrero
Danielle
217 E. Center St.
10/7/2011 *presiding judge Moab City Recorder's Office
Page 27 of 86
DATE. PAID: i ` 71 -I
AMOUNT PAID: Sly! C )
RECEIPT No.: 1¢ 021)9
CITY OF MOAB
SPECIAL BUSINESS EVENT LICENSE APPLICATION
217 EAST CENTER STREET
Was, UTAN 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CfTY OF MOAB
SPECIAL EVENT FEE:
PLUS (CHECK ONE):
❑ TRANSIENT ($80):
$80.00
OR
CI CURRENT CITY OR
COUNTY LICENSE
(ATTACH COPY) OG
TOTAL FEES: 9,0
LICENSE #:
ZONE:
NAME OF EVENT: kr 0/� ';""S n V ►� c. K( QA+C� �(IG/C Cite D
WPTION OF EVENT: 171-� OAP /s A
DESC
'fib r- 7dnc. /S A 3-off-1 Fifa- Ads Pe'RFokmAdtrEV4507 1- roe K sor44
INsiizucrapr � Aiil
LOCATION OF EVENT: es1.1 A -T[ at.1 LC( (�,h-(a FoYL /roue
PREMISES TO BE USED: +) a 4 u f-S G aLA, q Crit i.NT LI /4 . S -/ 0' )4 cc f i l� 7 / 6 rAt /./-r}LL / /YI ALL
TEMPORARY STRUCTURES TO BE USED (IF ANY): C111.4 A 9 Li -rE--,41'S I STY) to T C-___ T'N L� (5 ilt L. ii EL 4)
DATE(S) AND TIME(S) OF EVENT: (“p,/-6 rrit it._ C/IYYN9 DCr 3n- Nav 41/ Mna6 4FLC /�Si)►/AL. ND✓ Y-LIZo//
ANTICIPATED # OF EVENT PARTICIPANTS: f /.35b p To T I L. NUMBER OF VENDORS PARTICIPATING: -t 3Q A/ ��,/DA a 5
TYPES OF VENDORS PARTICIPATING IN EVENT. #(21-5 if Ci-A'F rS / d (7 II FsiDOYL S 'f //f Fe)V tel ATT lul t30 67i4 S
EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): TlC lerr SA t S 'J I/e-A/On>;.
A-D)-11$Sa..I fr5
EVENT SPONSOR'S NAME: /L`�7ii�05 OIL '�i /` X164-43 iTridL, fern V 4 L. PHONE: t/35 -Z SS - q £j
ZP: et/ 5B a.
SPONSOR'S ADDRESS: 71 D S• Tao 1z(4 S r` CITY: m n STATE: I R r
SPONSOR'S DRNER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: / 5 4 /J S C it ! L P , cry ruz Pao p
SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIR
TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION POTHER (SPECIFY): /Vba•l - y72Ary i
EVENT SPONSOR'S SALES TAX ID #: C`rX g¢h Pi
NAME REGISTERED WITH THE STATE FOR TAX ID: FYt. /1'1Ds 6 r' 114-e- 1-1
THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS
UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR
THE ISSUANCE OF A UCENSE WALL BE DELAYED.
I/WE L' i$4
ts)
HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY
BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE
INFORMATION CO NED HEREIN I INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION
AND - • NSOR). I AGREE TO FIL FiE PROPER REPORTS WITH THE STATE OF UTAH.
L/fr'fakspxt,
State of Utah )
) SS
County of Grand )
SUBCR BED AND SWORN to before me this 1 day of _ ac,..4-010,.61 a0 l I.
q.01;meutal `eCaWl-.r-
NOTARY PUBLIC J
SEE BACK OF FORM FOR ADDMONAL REQUIREMENT!
Page 28 of 86
5-3
CITY OF MOAB
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435) 259-5121
FAX: (435) 259-4135
_
FOR ZONING OFFICE USE ONLY
PARKING:
MOAB CITY CODE:
SIGN PERMIT:
MOVED -ON NECESSARY: ❑YES ❑ NO
REQUIRES PLANNING
COMMISSION APPROVAL ❑ YES ❑ No
REVIEWED BY
ZONING
ADMINISTRATOR:
DATE:
SIGNATURE
NAME OF APPLICANT:!//� ft�s Dr /�lJ/Z 1�.�73 Ilia PHONE: /��S -Z S % - 3
i
APPLICANT'S MAILING ADDRESS: Po, Bo)c O Z CITr: kuvvig STATE: 1.{ i ZIP: 81(53 ?
BUSINESS NAME: & 1 f-was ,d i Af S k1 -s4 fa7orti A L Ned Azd Fir C hi leat0s
r '
ter; By53Z
BUSINESS LOCATION: II) S 7(jo if-- -S r Mfl /► P�
ZONE:
77
DETAILED DESCRIPTION OF BUSINESS ACTIVITY: ft 0» if 6I2( »l a 5/G /r-/H'/ i !-!f1 g AT 3 Lb64-1-0J S
1 J r Tfi„1 `�/N1f : Gt r,f ki ev42 , tl i . -73-pc 1-1+4-1.� &etu 6 Ern j �QAii-o i41d-1„-4 err HS,
44-9 s chZ LL fiztirwo5 ead-D etcs"
72-t cm -ra 7-117F rnit �S i ► J A[. .
faz K C44.1-% P t 4;trecii
L
06✓16/05
Page 29 of 86
Moab Folk ..- • Festival
Key Locations:
200 NORTH
100 NORTH
CENTER STREET
100 SOUTH
Page 30 of 86
1- Moab Arts & Recreation Center (MARC)
2- Star Hail 44
3- Moab Ball Field
4- Moab Information Center
5- Grand County High School kr
ISV3
5-3
www.moabfolkfestival.com • info@moabfolkfestival.com
P.O. Box 1082 • Moab, UT 84532
435-259-3198 (ph) • 435-259-1502 (fx)
THE NINTH ANNUAL MOAB FOLK FESTIVAL:
A TRADITION OF BIG NAMES PERFORMING UP CLOSE
A nine-year tradition and fall destination for hundreds of music fans retums Nov. 4-6, 2011, to the unique
setting of , in scenic southeastem Utah.
The attraction? The Moab Folk Festival, three days of music, art, education and workshops set in the heart
of some of the world's most spectacular scenery.
The many performances showcase top artists in intimate, up -close venues that engage audiences in a way
not to be found in larger auditoriums and arenas.
"We offer stadium -quality artists in a setting akin to house -concert performances," says Melissa
Schmaedick, the festival's founder and director. "Big -show talent in a private -show venue."
The scenic setting --with both Arches and Canyonlands national parks nearby —coupled with an array of folk
art, music workshops and jam sessions, makes for a unique informality between the performers and their
audiences.
"It's not unusual to be sitting near someone at one of the performances and suddenly realizing that person
was performing onstage the night before," Schmaedick says.
Top artists? This year, the festival welcomes singer -songwriters Karla Bonoff and Michael Martin Murphey
as its star attractions.
Bonoff made her reputation as a songwriter for such artists as Linda Ronstadt, Bonnie Raitt and Wynonna
Judd. She broke out as a performer with the release of her first album in 1977. Six more albums have
followed in the ensuing years, with a two -CD live set released in 2007. At Moab, Bonoff will be appearing
with guitarist/producer Nina Gerber, an accomplished session musician who has played with dozens of
artists both in the studio and in concert. Gerber can be heard on Bonof 's 2007 live album.
Page 31 of 86
www.moabfolkfestival.com
info@moabfolkfestival.com
P.O. Box 1082
Moab, UT 84532
435-259-3198 (ph) • 435-259-1502 (fx)
Moab Folk Camp (SE Utah Music and Song Workshops)
Join us for five days of hands-on workshops with nationally recognized instructors in a
variety of courses ranging from songwriting and singing to beginning and advanced
guitar, slide guitar, banjo, mandolin, harmony singing, hand drumming and more.
Moab Folk Camp offers a supportive environment in which students can experience the
joy of making music and learning new skills in a beautiful setting, away from everyday
distractions, with a caring group of musical friends. If you've been looking for
somewhere to get started playing music or improve your musical skills, you've found the
right place.
2011 Instructors include
Cosy Sheridan - Songwriting & Guitar Lab
Penny Nichols - Voice and Harmony Singing
Alisa Fineman - Songwriting & Middle Eastern Frame Drumming
Kimball Hurd - Guitar and Slide Guitar
Anke Summerhill - Beginning guitar
Eric Jones - Mandolin
Chad Niehaus - Open Air Art Class
David Kiphuth — Banjo
Contact Information: www.moabfolkcamp.com
Page 32 of 86
5-3
99 in ££ abed
2011 Festival Schedule November 4-6
Friday
NOVEMBER 4, 2011
GCHS
7:00 PM
Alicia McGovern
8:00
Karen Savoca & Pete Heitzman
9:00
Ferron
10.00
After Hours Jam Sessions @ Eddie McStiffs
Saturday
NOVEMBER 5, 2011
Moab Ball Field
12:00 PM
Waiting On Trial
1:30
Boris McCutcheon & the Salt Licks
3:00
Michael Martin Murphey
4:30 — Dinner Break — 7:00
GCHS
7:00 PM
Antje Duvekot
9:00
Peter Mulvey
9:00
Cheryl Wheeler
10.00
After Hours Jam Sessions @ Eddie McStiffs
Sunday
NOVEMBER 6, 2011
Moab Ball Field
12:00 PM
Kate Macleod
1:30
Steve Forbert
3 00
Karla Bonoff with Nina Gerber
TBA
FBA
venue key
Star Hall : 159 E. Center Street between 100 East & 200 East
GCHS (Grand County High School) : 608 South 400 East
Moab Ball Field : Center Street & 200 East
Eddie McStiffs (Late Night Jams) 57 S Main Street
MARC (Moab Arts & Recreaction Center)111 E. 100 North
Saturday & Sunday Moming Workshops 10:00 AM & 11:00AM
Locations TBA
(zr Schedule subject to last minute changes "It)
grules to live by g
All venues are alcohol, tobacco, & drug free. Please do not attempt to bring prohibited substances into festival venues.
Sorry, no dogs or other pets allowed at festival venues.
Indoor venue doors will close 10 minutes prior to performance.
Please, no glass containers or coolers in festival venues.
PLEASE —no recording of any kind (sound, video, pictures, etc.)
PLEASE —turn off cell phones while attending indoor venues.
City of Moab
Planning and Zoning Department
Correspondence
PL-11-230
October 4, 2011
To: Honorable Mayor and Members of Council
From: Planning Staftwe
Subject: Approval of a Petition to Vacate, Alter or Amend a Subdivision
Plat in the R-2 Zone at 283 Hobbs Street as Submitted by Robert
Doherty
Background
Mr. Doherty has applied for a lot line adjustment between the lots he owns to address an
inadvertent encroachment of a concrete patio and walkway into the adjacent lot.
The lots meet the dimensional requirement for lot frontage and the area of 7,200 square
feet. The new lots will be 8,752 square feet and 9,467 square feet.
Discussion
The subdivision of the lot complies with State Code Chapter 10-9a-608(2) which allows a
subdivision plat to be amended without a public hearing before the Land Use Authority if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are
located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjacent property owners in accordance with any
applicable local ordinance.
(3) Each request to vacate or amend a plat that contains a request to vacate or
amend a public street, right-of-way, or easement is also subject to Section 10-9a-
609.5.
Page 34 of 86
6-1
City Council
Doherty Boundary Adjustment
October 4, 2011
(4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
2
This application follows the applicable requirements listed in state law and addresses the
encroachment issue.
pAplanning department\2011\correspondence\pI-II-230 cc douherty bla.docx
Page 35 of 86
6-1
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
Fee - $100.00 plus $25.00 per
amended lot or unit.
15n °'
Receipt
No. ;1 q-i s
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
i. Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
v. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the
Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Ellison Date
Page 36 of 86
6-1
OWNERS:
4/4- Za//
Date
State of G v f o )
County of cfrut )
On the -2an day of * km b. r aoil, personally appeared before me P G b e r• t
l�- Do kyr
, who duly acknowledged to me that they executed the same.
W S a 4c.,v
Notary Public
My Commission Expires: y_./ 7 .,1G/S' Residing in
OWNERS:
Date
Date
State of )
County of )
On the day of , personally appeared before me
who duly acknowledged to me that they executed the same.
My Commission Expires:
Notary Public
Residing in
Page 37 of 86
6-1
Jeff Reinhart
From: Janie Tuft panietuft@yahoo.com]
Sent: Tuesday, October 04, 2011 2:29 PM
To: jeff@moabcity.org
Subject: Fw: petition to vacate, alter or amend a subdivision plat
Attachments: PETITION TO AMEND A SUBDIVISION PLAT.doc; Durango trip 079.JPG; Durango trip
080.JPG; Durango trip 081.JPG; Doherty plat and aerial photo.pdf
Jeff: I met with you briefly last week to hand over the petition and plat to amend /boundary line adjustment on
Doherty's Lot 9-B and Lot 8-A in Hobbs Subdivision, and to be placed on the Moab City Council Agenda for
Oct. 11, 2011. You indicated at that time that it would be helpful to have some narative on the situation at the
location of the requested amendment/boundary line adjustment.
I have attached three photos of the new post adjustment boundary line markers, and also the subdivision plat
and aerial photo. The principle reason for this change is to include the hot tub and it's Northerly fence with the
home located on Lot 8-A. Robert Doherty is selling Lot 9-B to the adjacent owners, Leon and Judy Jones on Lot
10 & 11, Block B, Hobbs Subdivision. I believe that this is an adequate explanation of the situation. Please let
me know if you do need more explanation or supporting documentation.
Will I be getting verification of this petition being included on the Oct. 11, 2011 City Council Agenda?
Janie Tuft
Moab Premier Properties
397 N. Main St. #4
Moab,UT 84532
Cell# 435-260-1572
Home# 435-259-8360
Work# 435-259-7337 Ext. 104
Fax# 435-259-4867
email: janietuft@yahoo.com
Forwarded Message
From: Janie Tuft <janietuft@yahoo.com>
To: "jeff@moabcitv.orq" <jeff@moabcity.org>
Sent: Thursday, September 22, 2011 10:25 AM
Subject: Fw: petition to vacate, alter or amend a subdivision plat
Jeff: Can you please detail the specifics of going through this approval process and the estimated timeframe.
Thanks!
Janie Tuft
Moab Premier Properties
397 N. Main St. #4
Moab,UT 84532
Cell# 435-260-1572
Home# 435-259-8360
Work# 435-259-7337 Ext. 104
Fax# 435-259-4867
email: janietuft@yahoo.com
Forwarded Message
From: Keogh Surveying <keoghlandsurveving@yahoo.com>
To: "janietuft@vahoo.com" <janietuft@yahoo.com>
Sent: Thursday, September 22, 2011 9:36 AM
Subject: Fw: petition
Page 38 of 86
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Page 41 of 86
6-1
CITY OF MOAB
ENGINEERING DEPARTMENT
CORRESPONDENCE
October 6, 2011
Memo To: Honorable Mayor and Members of Council
From: Rebecca W. Andrus, City Engineer
Subject: Change Order #1 for the Bartlett Street and 4th North Street Improvements
After the bids were awarded, concerns were raised by several individuals about the possible conflicts
between construction on 4th North and traffic trying to access HMK Elementary School. A desire was
expressed to postpone the work until after school goes on break for the summer in June of 2012. At the
same time, the Contractor expressed concerns about long term weather forecasts that indicate the
potential for an early onset of colder weather than that conducive for paving. Based on the street
closure and weather considerations, it appears that it will be mutually beneficial for the City and the
Contractor to postpone work on this project until the spring of 2012.
Work on the Bartlett Street section may commence in May of 2012 or earlier with written permission
from the Public Works Director. Work on the 4th North portion that does not necessitate road closure
may also commence in May. No road closures on the 4th North section will be allowed until after school
is out of session for the summer without written permission from the Public Works Director. The
Contractor is responsible for public notifications for affected parties prior to partial or complete street
closures per the requirements of the contract documents.
This is a time change order only. The Contractor agrees to honor the unit prices in the Bid Schedule
submitted on September 9, 2011. I believe that it is in the best interest of the City, and it is my
recommendation to execute Change Order #1 for the Bartlett Street and 4th North Street Improvements
as submitted.
Sincerely,
Rebecca W. Andrus, PE
Moab City Engineer
Page 45 of 86
CI TY OF M OAB
CHANGE ORDER
PROJECT: Bartlett Street and 4th North CHANGE ORDER # : 1
Street Improvements DATE: October 3, 2011
TO (CONTRACTOR): Legrand Johnson Const. Co. OWNER: City of Moab
Contractor: you are directed to make the following changes in the work. All other terms
and conditions of the Contract not expressly modified hereby shall remain in full force
and effect.
Item (Bid) Description Quantity Unit Unit Cost Total Cost
Time Change Only
Total Change in Contract $0.00
JUSTI FI CATI ON
Due to street closure and weather considerations, the Owner and the Contractor have decided
that it will be mutually beneficial to postpone work on this project until the spring of 2012. Work
on the Bartlett Street section may commence in May of 2012 or earlier with written permission
from the Public Works Director. Work on the 4th North portion that does not necessitate road
closure may also commence in May. No road closures on the 4th North section will be allowed
until after school is out of session for the summer without written permission from the Public
Works Director. Contractor is responsible for public notifications for affected parties prior to
partial or complete street closures per the requirements of the contract documents. Contractor
agrees to honor the unit prices in the Bid Schedule submitted on September 9, 2011.
This change order also revises contract to remove the $5 million automobile insurance
requirement. See Exhibit A.
The Original Contract Sum was $ 134,755.16
Net Change by previous Change Orders $ 0.00
The Contract Sum prior to this Change Order was $ 134,755.16
The Contract Sum will be increased by this Change Order $ 0.00
The new Contract Sum including this Change Order will be $ 134,755.16
The Contract Time will be adjusted as follows -
Substantial Completion Date June 22, 2012
Final Completion Date June 29, 2012
City of Moab
David L. Sakrison, Mayor
Contractor
Attest: Attest:
Rachel Ellison, City Recorder
Page 46 of 86
City of Moab — Construction Contract
Project: Bartlett Street and 4th North Street Improvements
9.05 General Liability - Minimum Coverage Limits
A. The General Liability insurance required herein, including, Comprehensive Form,
Premises -Operations, Explosion and Collapse, Underground Hazard,
Products/Completed Operations, Contractual Insurance, Broad Form Property
Damage, Independent Contractors, and Personal Injury shall be written for Bodily
Injury and Property Damage Combined shall be written for not less than $1,000,000
or 10% of the contract cost and with a $2,000,000 aggregate.
Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any owned, hired, and
non -owned vehicles assigned to or used in performance of the CONTRACTOR's
work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance
Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such
insurance shall include coverage for loading and off loading hazards if hazardous
substances, materials or wastes are to be transported and a MCS 90 endorsement
property damage.
9.06 Worker's Compensation and Employer's Liability:
A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction over CONTRACTOR's
employees engaged in the performance of the Work or Services; and, Employer's
Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease
coverage for each employee, and $1,000,000 disease policy limit.
B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to
provide Workers' Compensation and Employer's Liability to at least the same extent
as required of CONTRACTOR.
ARTICLE 10 - INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold
harmless the City of Moab, its agents, representatives, officers, , officials and employees from
and against all claims, damages, losses and expenses (including, but not limited to, attorney
fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to
have resulted from the acts, errors, mistakes, omissions, work or services of the
CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this
Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from
any acts, errors, mistakes, omissions, work or services in the performance of this contract
including any employee of the CONTRACTOR or any tier of subcontractor or any other person
acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The
amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
CC-8
Page 47 of 86
6-2
City of Moab
Planning and Zoning Department
Correspondence
PL-11-226
October 3, 2011
Memo To: Honorable Mayor and Members of Council
From: Planning Staff </it
Subject: Review and Approval of Pre -annexation Agreements for Red Rock Partners,
Miller Financing Group (formerly, Intermountain Capital Group), and
Stroble/Soltes, Three of the Private Properties in the South Area Annexation as
Referred to Council by the Planning Commission
Background
The pre -annexation agreements for the properties were submitted to the Planning Commission for
review and for a recommendation to Council on September 29, 2011. These three private properties are
a part of the overall annexation of 470 acres adjacent to the southern Moab Municipal Boundary and
consist of nearly 62 acres. The Commission favorably recommends the zoning and the agreements for
approval.
This review is required by Utah State Code and other agreements will follow in the meetings ahead.
There are some notable sections in these three agreements that were not included in the agreement for
HASU and Joe Kingsley. Because of the topographical challenges on the properties, the balance of the
agreements contains language dealing with storm water runoff and appropriate management efforts by
the developer/owners to mitigate impacts. Specifically, Sections 2.2-2.4 require the owner/developer to
manage storm runoff and obtain the necessary permits.
Also, as noted in previous conversations, the properties west of Hwy 191 have suffered erosion by wind
and water and the properties east of the highway have had decades of material deposited within its
boundaries. It has been a dumping ground for unwanted surplus soil and other materials as Moab and
the county developed.
AS a reminder, the complete annexation process is found in Moab Municipal Code Chapter 1.32 City
Annexation Policies and Procedures.
p:\planning department\\2UII\correspondence \pI-II-226 pc preannex agrees.docx
Page 48 of 86
Red Rock
Partners
Page 49 of 86
6-3
PRE -ANNEXATION —AGREEMENT
Red Rock Partners
City of Moab, Utah
THIS AGREEMENT is made and entered into this day of , 2011, between
the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council,
and Red Rock Partners, ("Owners"):
RECITALS:
A. Red Rock Partners, LLC, own certain parcels of real property situated in Grand
County, Utah consisting of a total 15.2 acres, more or less, more particularly described on
attached Exhibit A ("Property") and as depicted on the Official Annexation Map
attached as Exhibit B.
B. Owners have retained Michael H. Bynum of Business Resolutions at 7000
Walkabout Ranch Road, Moab, UT 84532, as agent/manager to represent them in matters
concerning the annexation and development of the property.
C. Owner's agent has retained Tom Stevens of the Steven Group, Inc. (Consultants)
with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623 to submit and
pursue the annexation of said Property into the City of Moab and has joined in and
consented to the Annexation Petition.
D. The Property is located in an unincorporated area of Grand County, Utah. Owners
intend to develop the Property in accordance with City of Moab regulations.
E. Owners have submitted a petition for annexation ("Annexation Petition") seeking
to annex the Property into the City of Moab on terms and conditions mutually agreeable
and acceptable to Owners.
F. In connection with the Annexation of the Property, Owner seeks to design,
develop, construct and operate the Property as a mixed use residential and commercial
community, consisting of: (a) deed restricted affordable housing (b) residential lots and
structures; (c) commercial lots and structures and (e) infrastructure, which development
will generally occur consistent with the uses and arrangements described and depicted in
the Moab Municipal Code.
G. Owners intend to agree to the Annexation of Property into City limits
according to the terms and conditions of this agreement and Moab City Code.
H. The City of Moab Planning Commission and the Moab City Council, being fully
advised as to the situation and having considered the matters at duly noticed public
1
Page 50 of 86
1.1
meetings, have concluded that it is in the best interests of the City of Moab to enter into
this Agreement and have made all necessary findings of fact and conclusions of law in
support thereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and
for other good and valuable consideration, Owners and the City of Moab agree as follows:
SECTION ONE
CITY WATER AND SEWER SERVICES
The parties agree that said Property is currently within the boundaries of the Spanish
Valley Water and Sewer Improvement District. The parties agree that water and sewer
services will be provided by said District before and after annexation of the Property into
City limits. The City hereby assumes no responsibility or liability for the provision of
water and sewer service, or the maintenance of the water and sewer system servicing the
Property.
SECTION TWO
OTHER AGREEMENTS
2.1 Owners agree to develop the Property in accordance with a future development plan as
submitted subsequent to the annexation and approved by the City. Said development plan
shall be followed with all conditions of approval as may be identified by the Moab
Planning Commission.
2.2 In order for development plans to be approved, appropriate measures must be taken to
address storm water drainage during and after construction. The property owner/developer
shall use City of Moab standards when developing storm water management plans. If a
development will be discharging into a Grand County storm water management facility or
structure, the more stringent of City of Moab and Grand County storm water management
standards shall apply.
2.3 Construction activities that disturb one or more acres of land must be authorized under the
Utah Pollutant Discharge Elimination System (UPDES) General Permit for Construction
Activities. Construction documents shall include appropriate Best Management Practices.
A Storm Water Pollution Prevention Plan shall be prepared, approved, kept on the
construction site at all times, and fully adhered to during the construction process per the
requirements of the UPDES General Permit for Construction Activities.
2.4 All development shall incorporate storm water management plans designed to manage and
control water discharges at or below historic levels and safely convey storm water flow
2
Page 51 of 86
from Moab Rim through the property. All onsite storm water management facilities shall
be privately owned and maintained.
SECTION THREE
ANNEXATION
3.1 Owners and its successors, grantees and assigns irrevocably consent to and petition for
annexation of the Property and release any right of protest or opposition to any future
annexation of the Property, or any portion thereof, pursuant to the terms of this
Agreement. Contemporaneous with the signing of this agreement, Owners agrees to
submit a petition for annexation to the City.
3.2 The City agrees to initiate annexation proceedings for the Property at such time the
Property meets all legal requirements for annexation. At such time, Owners agrees to
execute any supplemental documents necessary to give effect to this Agreement and
facilitate the lawful annexation of the Property. The parties agree that the ultimate
decision to annex shall rest in the discretion of the City Council. At such time as an
annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be
subject to all responsibilities, applicable generally to other persons and Property within the
City municipal limits, e.g., sales taxation, police protection, code enforcement and the
like, except that water and sewer services shall be supplied as provided in this Agreement.
3.3 Upon annexation, Owners agree to dedicate any public roads within the Project and on the
Property to the City of Moab. Said dedication shall be in the form of a special warranty
deed.
3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the
provisions of the zoning district approved for the Property upon annexation, including
compliance with all use restrictions of the zone as generally applied to other Property
within the same zoning district.
3.5 Upon annexation, Owners agree that the Property will be subject to review and approval
of flood elevation data and that any development contemplated after annexation shall be
required to meet National Flood Plain Insurance Program rules for such development.
3.6 Contemporaneous with the execution of this Agreement, Owners agrees to execute a
restrictive covenant in the form contained in Exhibit D, which covenant shall bind the
property and inform all successors and assigns that the property is subject to annexation
when legally feasible. The covenant shall be recorded in the Grand County land records.
3.7 The effectiveness of this agreement is contingent upon the designation of the property
under C-4 General Commercial Zoning as established in Moab Municipal Code Chapter
17.27. Moreover, the effectiveness of this agreement is contingent upon the Owners'
receiving subsequent approval from the City for a Master Planned Development that
includes the components as described in Recital F, herein.
3
Page 52 of 86
6-3
SECTION FOUR
GENERAL. PROVISIONS
4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns
of the Project and Property. The Agreement may be transferred, provided that Owners
shall obtain an assumption by the transferee of future commercial development obligations
under this Agreement, and Owners shall be released from any further obligations under
this Agreement as to the parcel so transferred.
4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of
any such right and shall not affect the right of such party to exercise at some future time
said right or any other right it may have hereunder.
4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between
the parties and supersedes all prior agreements, whether oral or written, covering the same
subject matter. This Agreement shall not be modified or amended except in writing,
mutually agreed to and accepted by both parties.
4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement,
and whether or not an action has actually commenced, the prevailing party shall be
entitled to receive from the other party reimbursement for all attorney's fees and all costs
and expenses.
4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the
following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Owners' Agent:
Mike Bynum
Business Resolutions
7000 Walkabout Ranch Road
Moab, Utah 84532
Owners' Consultant:
Tom Stevens
4
Page 53 of 86
6-3
The Stevens Group, Inc.
0155 Maroon Mesa Road
Carbondale, CO 81623
4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Utah.
4.7 This Agreement does not create any third party beneficiary rights. It is specifically
understood by the parties that; (a) the Project is a private development; (b) the City of
Moab has no interest in, responsibilities for, or duty to third parties concerning any
improvements to the Property, unless the City accepts the improvements pursuant to this
Agreement; and (c) Owners shall have full power and exclusive control of the Property,
subject to the conditions of this Agreement.
4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single
mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator
shall be selected in accordance with the mediation rules of the American Arbitration
Association.
4.9 If any provision of this Agreement, or the application of such provisions to any person or
circumstance, shall be held invalid, the remainder of this Agreement, or the application of
such provision to persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
4.10 In the event of any protest or similar legal or administrative challenge to any annexation
under this Agreement, Owners shall cooperate with the City in providing necessary
information or testimony to support the annexation.
4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject to
all legal obligations to the same extent as all other City of Moab residents, except as is
provided otherwise by the express terms of this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting
by and through the Moab City Council, which has duly authorized execution, and by Owners, as
of the date(s) specified below.
CITY OF MOAB
Mayor David L. Sakrison Date
ATTEST:
5
Page 54 of 86
Rachel Ellison
City Recorder
Mike Bynum for Red Rock Partners:
By
Date
State of Utah
County of Grand
On the day of , personally appeared before me
, who duly acknowledged to me that they executed
the same.
Notary Public
My Commission Expires: Residing in: Grand County
SCHEDULE OF EXHIBITS
Exhibit A - Legal Description of the Property
Exhibit B - Official Annexation Map
Exhibit C- Not Applicable
Exhibit D- Restrictive Covenant Form
j:\annexation\south area annexation\preannexation agreements\red rock partners \pre -annex for rr p update.docx
5
Page 55 of 86
6-3
RED ROCK PARTNERS
LOTS 41, 42, 43, 56 AND 65, SECTION 17, T 26 S, R 22 E, SLB&M
LESS THE FOLLOWING:
A PARCEL OF LAND WITHIN THE NW IA NW IA OF SECTION 17, T 26 S, R 22 E,
SLB&M, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 17, SAID POINT
BEARS S 89° 52' 00" E 658.7 FT. FROM THE NORTHWEST CORNER OF SECTION
17, T 26 S, R 22 E, SLB&M, AND PROCEEDING THENCE WITH SAID LINE S 89° 52'
00" E 250.4 FT, THENCE SOUTH 15.6 FT. TO A FENCE, THENCE WITH SAID
FENCE N 89° 07' 29" W 122.9 FT., THENCE WITH A FENCE N 88° 19' 25" W 127.6
FT. THENCE NORTH 10.0 FT. TO THE POINT OF BEGINNING.
Page 56 of 86
6-3
EXHIBIT A
Red Rock Partners (Formerly Willey)
LOT 47, SECTION 17, T 26 S, R 22 E, SLB&M
Page 57 of 86
6-3
i
WHEN RECORDED MAIL TO:
City of Moab
115 West 200 South
Moab, Utah 84532
EXHIBIT D
RESTRICTIVE COVENANT FOR ANNEXATION
WHEREAS, Red Rock Partners, ("Declarant"),is the owner of certain lands, more
particularly described in Attachment A, which property is located in the unincorporated area of
Grand County, Utah.
WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre -
Annexation Agreement providing for the annexation of said Property.
NOW THEREFORE, the Declarant, and the City stipulate and agree as follows:
1. All of the property described in Attachment A is subject to a Pre -Annexation
Agreement with the City of Moab.
2. Declarant, its successors, and assigns, irrevocably consents to annexation and
waives protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement. Declarant shall execute supplementary
documents, including an annexation petition as provided in the Pre -Annexation
Agreement.
3. Except as provided in the pre -annexation agreement, the City shall provide
municipal services to the Property.
4. Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law.
5. This covenant shall not be construed to obligate the City to appropriate funds or
otherwise engage in capital facilities contraction. The decision to extend, replace,
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City.
6. In the event that Declarant should fail or refuse to execute necessary documents,
or otherwise cooperate in annexation as provided herein, the City may specifically
enforce this covenant in a court of competent jurisdiction. In any legal
proceeding to enforce this covenant the prevailing partyC-ty-shall be entitled to
recover its reasonable attorney fees and court costs.
RESTRICTIVE COVENANT FOR ANNEXATION
Page 59 of 86
Page 2
7. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarants:
Mike Bynum for Red Rock Partners
By: Date:
STATE OF
COUNTY OF
)
)§
)
Subscribed to and acknowledged before me by , this day
of , 2011. Witness my hand and official seal.
My commission expires:
By: Date:
STATE OF
COUNTY OF
)
)§
)
Subscribed to and acknowledged before me by , this day of
2011. Witness my hand and official seal.
My commission expires:
Page 60 of 86
City of Moab:
By:
Mayor David L. Sakrison
Attest:
By:
Rachel Ellison, City Recorder
j:\annexation\south area annexation\south covenant forms \red rock partners.docx
Page 61 of 86
Miller Funding Group, LLC
Page 62 of 86
6-4
PRE -ANNEXATION AGREEMENT
Miller Funding Group LLC
(Formerly Intermountain Capital Group LLC)
City of Moab, Utah
THIS AGREEMENT is made and entered into this _ day of , 2011, between
the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council,
and Miller Funding Group (formerly Intermountain Capital Group), ("Owners"):
RECITALS:
A. Miller Funding group, LLC (formerly Intermountain Capital Group, LLC), owns
certain parcels of real property situated in Grand County, Utah consisting of a total 9.024
acres, more or less, and more particularly described on attached Exhibit A ("Property")
and as depicted on the Official Annexation Map attached as Exhibit B.
B. Owners have retained Michael H. Bynum of Business Resolutions at 7000
Walkabout Ranch Road, Moab, UT 84532, as agent/manager to represent them in matters
concerning the annexation and development of the property.
C. Owner's agent has retained Tom Stevens of the Steven Group, Inc. (Consultants)
with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623 to submit and
pursue the annexation of said Property into the City of Moab and has joined in and
consented to the Annexation Petition.
D. The Property is located in an unincorporated area of Grand County, Utah. Owners
intend to develop the Property in accordance with City of Moab regulations.
E. Owners have submitted a petition for annexation ("Annexation Petition") seeking
to annex the Property into the City of Moab on terms and conditions mutually agreeable
and acceptable to Owners.
F. In connection with the Annexation of the Property, Owner seeks to design,
develop, construct and operate the Property, in tandem with adjacent properties, as a
mixed use residential and commercial community, consisting of: (a) deed restricted
affordable housing (b) residential lots and structures; (c) commercial lots and structures
and (e) infrastructure, which development will generally occur consistent with the uses
and arrangements described and depicted in the Moab Municipal Code.
G. Owners intend to agree to the Annexation of Property into City limits
according to the terms and conditions of this agreement and Moab City Code.
H. The City of Moab Planning Commission and the Moab City Council, being fully
1
Page 63 of 86
1.1
advised as to the situation and having considered the matters at duly noticed public
meetings, have concluded that it is in the best interests of the City of Moab to enter into
this Agreement anc have made all necessary findings of fact and conclusions of law in
support thereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and
for other good and valuable consideration, Owners and the City of Moab agree as follows:
SECTION ONE
WATER AND SEWER SERVICES
The parties agree that said Property is currently within the boundaries of the Grand Water
and Sewer Service Agency (GWSSA). The parties agree that water and sewer services
will be provided by said Agency before and after annexation of the Property into City
limits. The City hereby assumes no responsibility or liability for the provision of water
and sewer service, or the maintenance of the water and sewer system servicing the
Property.
SECTION TWO
OTHER AGREEMENTS
2.1 Owners agree to develop the Property in accordance with a proposed development plan as
submitted in the future and approved by the City. Said development plan shall be
followed with all conditions of approval as may be identified by the Moab Planning
Commission.
2.2 In order for development plans to be approved, appropriate measures must be taken to
address storm water drainage during and after construction. The property owner/developer
shall use City of Moab standards when developing storm water management plans. If a
development will be discharging into a Grand County storm water management facility or
structure, the more stringent of City of Moab and Grand County storm water management
standards shall apply.
2.3 Construction activities that disturb one or more acres of land must be authorized under the
Utah Pollutant Discharge Elimination System (UPDES) General Permit for Construction
Activities. Construction documents shall include appropriate Best Management Practices.
A Storm Water Pollution Prevention Plan shall be prepared, approved, kept on the
construction site at all times, and fully adhered to during the construction process per the
requirements of the UPDES General Permit for Construction Activities.
2.4 All development shall incorporate storm water management plans designed to manage and
control water discharges at or below historic levels and safely convey storm water flow
2
Page 64 of 86
6-4
from Moab Rim through the property. All onsite storm water management facilities shall
be privately owned and maintained.
SECTION THREE
ANNEXATION
3.1 Owners and its successors, grantees and assigns irrevocably consent to and petition for
annexation of the Property and release any right of protest or opposition to any future
annexation of the Property, or any portion thereof, pursuant to the terms of this
Agreement. Contemporaneous with the signing of this agreement, Owners agrees to
submit a petition for annexation to the City.
3.2 The City agrees to initiate annexation proceedings for the Property at such time the
Property meets all legal requirements for annexation. At such time, Owners agrees to
execute any supplemental documents necessary to give effect to this Agreement and
facilitate the lawful annexation of the Property. The parties agree that the ultimate
decision to annex shall rest in the discretion of the City Council. At such time as an
annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be
subject to all responsibilities, applicable generally to other persons and Property within the
City municipal limits, e.g., sales taxation, police protection, code enforcement and the
like, except that water and sewer services shall be supplied as provided in this Agreement.
3.3 Upon annexation, Owners agree to dedicate any public roads within the Project and on the
Property to the City of Moab. Said dedication shall be in the form of a special warranty
deed.
3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the
provisions of the zoning district approved for the Property upon annexation, including
compliance with all use restrictions of the zone as generally applied to other Property
within the same zoning district.
3.5 Upon annexation, Owners agree that the Property will be subject to review and approval
of flood elevation data and that any development contemplated after annexation shall be
required to meet National Flood Plain Insurance Program rules for such development.
3.6 Contemporaneous with the execution of this Agreement, Owners agrees to execute a
restrictive covenant in the form contained in Exhibit D, which covenant shall bind the
property and inform all successors and assigns that the property is subject to annexation
when legally feasible. The covenant shall be recorded in the Grand County land records.
3.7 The effectiveness of this agreement is contingent upon the designation of the property
under C-4 General Commercial Zoning as established in Moab Municipal Code Chapter
17.27. Moreover, the effectiveness of this agreement is contingent upon the Owners'
receiving subsequent approval from the City for a Master Planned Development that
includes the components as described in Recital F, herein.
3
Page 65 of 86
SECTION FOUR
GENERAL FROVISIONNS
4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns
of the Project and Property. The Agreement may be transferred, provided that Owners
shall obtain an assumption by the transferee of future commercial development obligations
under this Agreement, and Owners shall be released from any further obligations under
this Agreement as to the parcel so transferred.
4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of
any such right and shall not affect the right of such party to exercise at some future time
said right or any other right it may have hereunder.
4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between
the parties and supersedes all prior agreements, whether oral or written, covering the same
subject matter. This Agreement shall not be modified or amended except in writing,
mutually agreed to and accepted by both parties.
4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement,
and whether or not an action has actually commenced, the prevailing party shall be
entitled to receive from the other party reimbursement for all attorney's fees and all costs
and expenses.
4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the
following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Owners' Agent:
Mike Bynum
Business Resolutions
7000 Walkabout Ranch Road
Moab, Utah 84532
Owners' Consultant:
Tom Stevens
4
Page 66 of 86
The Stevens Group, Inc.
0155 Maroon Mesa Road
Carbondale, CO 81623
4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Utah.
4.7 This Agreement does not create any third party beneficiary rights. It is specifically
understood by the parties that; (a) the Project is a private development; (b) the City of
Moab has no interest in, responsibilities for, or duty to third parties concerning any
improvements to the Property, unless the City accepts the improvements pursuant to this
Agreement; and (c) Owners shall have full power and exclusive control of the Property,
subject to the conditions of this Agreement.
4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single
mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator
shall be selected in accordance with the mediation rules of the American Arbitration
Association.
4.9 If any provision of this Agreement, or the application of such provisions to any person or
circumstance, shall be held invalid, the remainder of this Agreement, or the application of
such provision to persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
4.10 In the event of any protest or similar legal or administrative challenge to any annexation
under this Agreement, Owners shall cooperate with the City in providing necessary
information or testimony to support the annexation.
4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject to
all legal obligations to the same extent as all other City of Moab residents, except as is
provided otherwise by the express terms of this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting
by and through the Moab City Council, which has duly authorized execution, and by Owners, as
of the date(s) specified below.
CITY OF MOAB
Mayor David L. Sakrison Date
ATTEST:
5
Page 67 of 86
6-4
Rachel Ellison
City Recorder
Mike Bynum for Miller Financing Group, LLC (formerly Intermountain Capital Group, LLC):
By
State of Utah
County of Grand
Date
On the day of , personally appeared before me
who duly acknowledged to me that they executed
the same.
Notary Public
My Commission Expires: Residing in: Grand County
SCHEDULE OF EXHIBITS
Exhibit A - Legal Description of the Property
Exhibit B - Official Annexation Map
Exhibit C- Not Applicable
Exhibit D- Restrictive Covenant Form
jAannexation\south area annexation \preannexation agreements \ intermountain \preannex 5-15-11.daex
b
Page 68 of 86
INTERMOUNTAIN CAPITAL GROUP LLC
LOTS 45, 46 AND 55 SECTION 17, T 26 S, R 22 E, SLB&M.
Page 69 of 86
WHEN RECORDED MAIL TO:
City of Moab
115-West 200 South
Moab, Utah 84532
EXHIBIT D
RESTRICTIVE COVENANT FOR ANNEXATION
WHEREAS, Miller Funding Group, LLC (formerly Intermountain Capital Group,
("Declarant"),is the owner of certain lands, more particularly described in Attachment A, which
property is located in the unincorporated area of Grand County, Utah.
WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre -
Annexation Agreement providing for the annexation of said Property.
NOW THEREFORE, the Declarant, and the City stipulate and agree as follows:
1. All of the property described in Attachment A is subject to a Pre -Annexation
Agreement with the City of Moab.
2. Declarant, its successors, and assigns, irrevocably consents to annexation and
waives protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement. Declarant shall execute supplementary
documents, including an annexation petition as provided in the Pre -Annexation
Agreement.
3. Except as provided in the pre -annexation agreement, the City shall provide
municipal services to the Property.
4. Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law.
5. This covenant shall not be construed to obligate the City to appropriate funds or
otherwise engage in capital facilities contraction. The decision to extend, replace,
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City.
6. In the event that Declarant should fail or refuse to execute necessary documents,
or otherwise cooperate in annexation as provided herein, the City may specifically
enforce this covenant in a court of competent jurisdiction. In any legal
proceeding to enforce this covenant the City shall be entitled to recover its
reasonable attorney fees and court costs.
RESTRICTIVE COVENANT FOR ANNEXATION
Page 70 of 86
6-4
Page 2
?. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarants:
Mike Bynum for Miller Funding Group, LLC
By: Date:
Mike Bynum
STATE OF )
)§
COUNTY OF )
Subscribed to and acknowledged before me by , this day
of , 2011. Witness my hand and official seal.
My commission expires:
By: Date:
City of Moab:
By:
Mayor David L. Sakrison
Attest:
By:
Rachel Ellison, City Recorder
j:\annexation\south area annexation \north area covenant form.docx
Page 71 of 86
Strobel/Soltes
Page 72 of 86
Pi E-.A__NNEXATioN AGREF.mENT
Stroble and Soltes Property
City of Moab, Utah
THIS AGREEMENT is made and entered into this _ day of , 2011, between
the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council,
and The William Ralph Stroble Living Trust and Harley M. Soltes ("Applicant"):
RECITALS:
A. Applicant owns a parcel of real property situated in Grand County, Utah
consisting of 37.35 acres, more or less. The parcel is more particularly described in Exhibit A
hereto and is depicted on the Official Annexation Map attached as Exhibit B hereto. The parcel
is referred to herein as "the Property".
B. Applicant proposes to develop the Property with a commercial development. A
Development Plan has not been created because Applicant does not have a developer at this time.
C. The Property is located in an unincorporated area of Grand County, Utah.
Applicant intends to develop its property in accordance with City of Moab regulations.
D. Applicant intends to agree to the annexation of the Property into City limits
according to the terms and conditions of this agreement and Moab City Code.
E. The City of Moab Planning Commission and the Moab City Council, being fully
advised as to the situation and having considered the matters at duly noticed public meetings,
have concluded that it is in the best interests of the City of Moab to enter into this Agreement
and have made all necessary findings of fact and conclusions of law in support thereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and
for other good and valuable consideration, Applicant and the City of Moab agree as follows:
1.1
SECTION ONE
WATER AND SEWER SERVICES
The parties agree that the Property is currently within the boundaries of the Spanish
Valley Water and Sewer Improvement District. The parties agree that water and sewer
services will be provided by said District before and after annexation of the Property into
City limits. The City hereby assumes no responsibility or liability for the provision of
water and sewer service, or the maintenance of the water and sewer system servicing the
Property.
SECTION TWO
1
Page 73 of 86
6-5
OTHER AGREEMENTS
2.1 Applicant agrees to develop the Property in accordance with a future development plan as
submitted in the future and approved by the City. Said development plan shall be
followed with all conditions of approval as may be identified by the Moab Planning
Commission.
2.2 In order for development plans to be approved, appropriate measures must be taken to
address storm water drainage during and after construction. The property
owner/developer shall use City of Moab standards when developing storm water
management plans. If a development will be discharging into a Grand County storm
water management facility or structure, the more stringent of City of Moab and Grand
County storm water management standards shall apply.
2.3 Construction activities that disturb one or more acres of land must be authorized under
the Utah Pollutant Discharge Elimination System (UPDES) General Permit for
Construction Activities. Construction documents shall include appropriate Best
Management Practices. A Storm Water Pollution Prevention Plan shall be prepared,
approved, kept on the construction site at all times, and fully adhered to during the
construction process per the requirements of the UPDES General Permit for Construction
Activities.
2.4 All development shall incorporate storm water management plans designed to manage
and control water discharges at or below historic levels and safely convey storm water
flow from Moab Rim through the property. All onsite storm water management facilities
shall be privately owned and maintained.
SECTION THREE
ANNEXATION
3.1 Applicant and its successors, grantees and assigns irrevocably consent to and petition for
annexation of the Property and release any right of protest or opposition to any future
annexation of the Property, or any portion thereof, pursuant to the terms of this
Agreement. Contemporaneous with the signing of this agreement, Applicant agrees to
submit a petition for annexation to the City.
3.2 The City agrees to initiate annexation proceedings for the Property at such time the
Property meets all legal requirements for annexation. At such time, Applicant agrees to
execute any supplemental documents necessary to give effect to this Agreement and
facilitate the lawful annexation of the Property. The parties agree that the ultimate
2
Page 74 of 86
decision to annex shall rest in the discretion of the City Council. At such time as an
annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be
subject to all responsibilities, applicable generally to other persons and properties within
the City municipal limits, e.g., sales taxation, police protection, code enforcement and the
like, except that water and sewer services shall be supplied as provided in this
Agreement.
3.3 Upon annexation, Applicant agrees to dedicate any public roads within the Project and on
the Property to the City of Moab. Said dedication shall be in the form of a warranty deed.
3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the
provisions of the zoning district approved for the Property upon annexation, including
compliance with all use restrictions of the zone as generally applied to other properties
within the same zoning district.
3.5 Upon annexation, Applicant agrees that the Property will be subject to review and
approval of flood elevation data and that any development contemplated after annexation
shall be required to meet National Flood Plain Insurance Program rules for such
development.
3.6 Contemporaneous with the execution of this Agreement, Applicant agrees to execute a
restrictive covenant in the form contained in Exhibit D, which covenant shall bind the
property and inform all successors and assigns that the property is subject to annexation
when legally feasible. The covenant shall be recorded in the Grand County land records.
3.7 Applicant's preferred zoning for the property is C-4 (General Commercial Zone) as
established in Moab Municipal Code Section 17.27.
SECTION FOUR
GENERAL PROVISIONS
4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns
of the Project and Property. The Agreement may be transferred, provided that Applicant
shall obtain an assumption by the transferee of future commercial development
obligations under this Agreement, and Applicant shall be released from any further
obligations under this Agreement as to the parcel so transferred.
4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of
any such right and shall not affect the right of such party to exercise at some future time
said right or any other right it may have hereunder.
4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between
the parties and supersedes all prior agreements, whether oral or written, covering the
same subject matter. This Agreement shall not be modified or amended except in
writing, mutually agreed to and accepted by both parties.
3
Page 75 of 86
6-5
4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement,
and whether or not an action has actually commenced, the prevailing party shall be
entitled to receive from the other party reimbursement for all attorney's fees and all costs
and expenses.
4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the
following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Applicant(s):
Ralph Stroble
12786 FM 346 W
Bullard, TX 75757
and
Harley Soltes
12691 Linvog Road
Kingston, Washington 98346
4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Utah.
4.7 This Agreement does not create any third party beneficiary rights. It is specifically
understood by the parties that; (a) the Project is a private development; (b) the City of
Moab has no interest in, responsibilities for, or duty to third parties concerning any
improvements to the Property, unless the City accepts the improvements pursuant to this
Agreement; and (c) Applicant shall have full power and exclusive control of the Property,
subject to the conditions of this Agreement.
4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single
mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator
shall be selected in accordance with the mediation rules of the American Arbitration
Association.
4.9 If any provision of this Agreement, or the application of such provisions to any person or
circumstance, shall be held invalid, the remainder of this Agreement, or the application of
Page 76 of f4
such provision to persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
4.10 In the event of any protest or similar legal or administrative challenge to any annexation
under this Agreement, Applicant shall cooperate with the City in providing necessary
information or testimony to support the annexation.
4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject
to all legal obligations to the same extent as all other City of Moab residents, except as is
provided otherwise by the express terms of this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab,
acting by and through the Moab City Council, which has duly authorized execution, and by
Applicant, as of the date(s) specified below.
CITY OF MOAB
Mayor David L. Sakrison Date
ATTEST:
Rachel Ellison
City Recorder
Ralph R. Stroble
Harley Soltes, POA
Date
GI_ 1 2.0) zo ( (
Date
5
Page 77 of 86
STATE OF WASHINGTON
COUNTY OF KITSAP
I CERTIFY WHAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT
sc, IS THE PERSON WHO APPEARED
BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (HE/SHE) SIGNED
THIS INSTRUMENT AND ACKNOWLEDGED TO BE (HIS/HER) FREE AND
VOLUNTARYACT FOR THE USES AND PURPOSES MENTIONED IN THE
INSTRUMENT.
Notary Public
State of Washington
Caroline L. Hope
Commission Expires 7-16-2014
(SIGNA� TTURE�,
(TITLE)
MY APPOINTMENT EXPIRES li q )-0 1 `f
Page 78 of 86
6-5
State of Utah
County of Grand
)
§
)
On the day of , personally appeared before me
the same.
My Commission Expires:
State of Utah
County of Grand
)
§
)
, who duly acknowledged to me that they executed
Notary Public
Residing in: Grand County
On the day of , personally appeared before me
the same.
, who duly acknowledged to me that they executed
Notary Public
My Commission Expires: Residing in: Grand County
6
Page 79 of 86
6-5
SCHEDULE OF EXHIBITS
Exhibit A - Legal Description of the Property
Exhibit B - Official Annexation Map
Exhibit C- Not Applicable
Exhibit D- Restrictive Covenant Form
j:\annexation\south area annexation \strobel-soltes\strobel8soltes pre annex.docx
7
Page 80 of 86
Exhibit A
STROBLE-SOLTES
LOTS 5, 63 AND 64 SECTION 17, T 26 S, R 22 E, SLB&M
Page 81 of 86
6-5
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WHEN RECORDED MAIL TO:
City of Moab
115 West 200 South
Moab, Utah 84532
EXHIBIT D
RESTRICTIVE COVENANT FOR ANNEXATION
WHEREAS, the Ralph Stroble Living Trust and Harley Soltes, ("Declarants"),are the
owners of certain lands, more particularly described in Attachment A, which property is located
in the unincorporated area of Grand County, Utah.
WHEREAS, Declarants and the City of Moab (the "City") have entered into a Pre -
Annexation Agreement providing for the annexation of said Property.
NOW THEREFORE, the Declarants, and the City stipulate and agree as follows:
1. All of the property described in Attachment A is subject to a Pre -Annexation
Agreement with the City of Moab.
2. Declarants, its successors, and assigns, irrevocably consents to annexation and
waives protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement. Declarants shall execute supplementary
documents, including an annexation petition as provided in the Pre -Annexation
Agreement.
3. Except as provided in the pre -annexation agreement, the City shall provide
municipal services to the Property.
4. Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law.
5. This covenant shall not be construed to obligate the City to appropriate funds or
otherwise engage in capital facilities contraction. The decision to extend, replace,
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City.
6. In the event that Declarants should fail or refuse to execute necessary documents,
or otherwise cooperate in annexation as provided herein, the City may specifically
enforce this covenant in a court of competent jurisdiction. In any legal
proceeding to enforce this covenant the City shall be entitled to recover its
reasonable attorney fees and court costs.
RESTRICTIVE COVENANT FOR ANNEXATION
Page 83 of 86
6-5
Page 2 of 3
7. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarants:
Ralph Stroble for the Ralph Stroble Living Trust
By: Date:
Ralph Stroble
STATE OF
COUNTY OF
)§
Subscribed to and acknowledged before me by , this day
of , 2011. Witness my hand and official seal.
My commission expires:
Harley Soltes, POA
By: � i► Date: 6_ 7-0 2-0 (.(
Harley Soltes
STATE OF �1 )
COUNTY OF 9� -k - ) §
1
Subscribed to and acknowledged before me by , this 1-1-\day of
, 2011. Witness my hand and official seal.
My commission expires:
Notary Public
State of Washington
Caroline L. dope
Commission Expires 7-16-2014
Page 84 of 86
6-5
My commission expires:
Harley Soltes, POA
Page 2 of 3
7. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarants:
William Ralph Stroble for the William Ralph Stroble Living Trust
By: dat.40.7,--7 Date: % - 7 - //
William Ralph Se
STATE OF \ e=< )
)§
COUNTY OF Ste.: � )
of 3ubscribed to and acknowledged before me by1.i\�‘sart.- \�\,, StrolnAgthis --` day
.) \ 1 , 2011. Witness my hand and official seal.
,,
FAYE L DOTSON
� v-�
c MY COMMISSION EXPIRES
January 30, 2012
1e 0.
BY: Date:
Harley Soltes
STATE OF )
)§
COUNTY OF )
Subscribed to and acknowledged before me by
, 2011. Witness my hand and official seal.
My commission expires:
,this day of
Page 85 of 86
6-5
Page 3 of 3
City of Moab:
By:
Mayor David L. Salcrison
Attest:
By:
Rachel Ellison, City Recorder
jAannexation\south area annexation\south covenant forms\stroble-soltes.docx
Page 86 of 86
City of Moab Staff Intensive Projects for 2011-2012 Only (more than 40 hours to complete)
Task Name
Priority
Timeframe
Lead
Department
Internal/
Consultant/
Participant
Dependency
Notes
_
General Plan Update
1
FY 2011/12
Planning
Consultant
None
Scope and Prepare RFQ
Water Conservation Plan
1
Needs to be
complete by
11/2011
Admin
Internal
None
Update to Plan needs to be complete by November
and then submitted to state by December. Requires
intensive data collection and analysis.
Implement Water Rate Increase
1
2011
Admin
Internal
None
City Council approved rate increase in budget. This
needs to be developed and implemented.
Design and Construction of Rotary Park
Expansion
1
Begin
Construction
in December
2011
Community
Development
Internal
None
Design, construction of new rest rooms and parking
for Rotary Park
Public Facilities Analysis Review (PFAR) -
Final will refer to the other studies
including the Water Master Plan and the
WWTP Facilities Master Plan
1
Water/ Sewer
by Jan 2012
Other later
Public Works
Int/Consultant
None
This plan includes an analysis for Parks, Roads,
buildings, Public Works, Police, Water, and Sewer.
Water and Sewer will need to be done in 2011 in
order to complete the impact fee review and rate
study.
Impact Fee Review
1
FY 2011/12
Public Works
Int/Consultant
PFAR
Done by end of FY 2011/2012. Need water tanks and
treatment Plant information.
WWTP Facilities Master Plan
1
Ongoing hope
to finish by Fall
2011
Public Works
Int/Consultant
None
Need to coordinate with GWSSA/SITLA/San Juan.
Negotiations and discussion will happen in
coordination with the Agreement, but the outcome
of the agreement will not be part of the plan.
GWSSA/SITLA/San Juan Agreement
1
FY 2011/12
Admin
Internal
WWTPFP/
SSMP
Develop framework for financial and working
relationship. Develop sufficient information for
WWTP and SSMP for discussion.
WWTP Preliminary Plan
1
Begin in 2012
Administration
Engineering
Public Works
Internal/Consult
ant
Master Plan and
GWSSA
Agreement
Begin design for W WTP Upgrade and begin pursuing
funding options
South Area Annexation
1
In Progress/
Complete by
January 2012
Planning
Admin
Recorder
Internal
Pre -annexation
Agreements
Coordinate with Property owners, Planning
Commission for pre -annexation agreements and site
plans, work through City Council petition and
approval process
Water Master Plan
1
Water Tanks
by Fall 2011
Engineering
Internal
GIS Mapping
Water tank review needs to be done in 2011 to send
to Consultant for PFAR. Additional information will
need GIS Mapping to complete and will be done in
FY 2012/2013.
Revisions to Vendor/Solicitor Code
1
Begin in
December
2011
Recorder/Adm
in
Internal
Moved -on
Structure Code
Code sections to be revised to reflect moved-ons
structure changes, background check requirements
and other issues
North Area Sewer and Water Plan
1
Begin in 2011
Engineering
Int/Consultant
ANAWSFS
Construction drawings for the extension of water
and sewer services for north end property owners.
CoordinateNeeds to be ready to accept Lions Park
Design/Development Standards
1
FY 2011/12
PW/ENG
Internal
Several
Determine format for design and construction
standards. Incorporate into code and verify
compliance with all applicable statutes. Incorporate
current undocumented practices. Strengthen
developer responsibilities. Dependent on the
General Plan, Affordable Housing Plan, Sustainability
Plan, and Water Conservation Plan. Fog Ordinance.
Affordable Housing Plan Code Revisions
1
Ongoing
Planning
Commission
Internal
None
Ordinance revisions will be ongoing until barriers are
sufficiently addressed.
Sustainability Plan
1
Ongoing
PW/ENG and
Council
Committee
Internal
General Plan
Need to look at standards for implementation of
sustainability goals. City Council to develop
committee to address this issue as a City.
Water Conservation Plan
1
Needs to be
complete by
11/11
Admin
Internal
None
Update to Plan needs to be complete by November
and then submitted to state by December. Requires
intensive data collection and analysis
Water Conservation Rate Structure
1
PW/Admin
Internal
None
Develop rate structure, engage in public information
and input,
Dam Emergency Action Plans
1
FY 2011/12
PW/Admin
Internal
None
Need to create a combined Emergency Action plan
for Walker, Tusher, and White Dams with updated
information.
Trails Master Plan
1
Ongoing
Community
Development
Trail Mix
None
Update to Trail Master Plan needs to be approved.
Transfer of Aarchway Inn Frontage Road
1
Conclude by
December
2011
Admin. Public
Works and
Engineering
Internal
None
Coordinate with property owners, title company to
develop warranty deeds and other documentation;
seek approval of city council
Page 1
City of Moab Staff Intensive Projects for 2011-2012 Only (more than 40 hours to complete)
Task Name
Priority
Timeframe
Lead
Department
Internal/
Consultant/
Participant
Dependency
Notes
Negotiation of Improvements Agreement
for Millcreek Subdivision
1
November
2011
Public Works
Administration
Internal
None
Develop improvements plan, cost estimates,
financial assurance mechanisms
Coordinate with USU for Regional Campus
1
Begin in 2011
Planning
Engineering
Public Works
Admin
Internal
None
Work with USU, UDOT, Federal Agency, GWSSACIB
on design, infrastructure, site planning, financing,
annexation for Regional Campus
Revise Moved -on Structure Ordianance
1
In
progress/top
be submitted
to CC by
December
Planning
Admin
Recorder
Internal
None
Complete overhaul of moved -on structure code
section
Develop Parks Policy
1
In progress/to
be submitted
to CC by
November
Admin Public
Works
Recorder
Internal
None
Formalization of new policy and fee structure
Develop Business Resource Center
1
In progress
Admin
Internal
None
Coordinate with USU for start-up of new Center,
incorporate BEAR program into offerings
Mivida Bicycle Trail
1
In Progress
Community
developemtn
Internal/Trail
Mix
Coordinate Easements and Construct Trail
UDOT/Stewart Canyon Feasibility Study
1
Begin in
November
2011
Engineering
Int/Consultant
None
Coordinate with UDOT, TNC, Army Corps and land
owners to address issues and determine feasibility.
Lions Park Construction
2
Begin in 2012
Community
Development
Engineering
Internal
North Area
Water
Finalize design with state, put project to bid and
coordinate construction
Retroreflectivity Sign Replacement
Program
2
FY 2011/12
Public Works
Internal
GIS Mapping
(Minor level)
Set up plan for managing the replacement of signs.
Identify budget and strategy for replacement.
Capital Projects Plan
2
Begin January
2012
Public Works
Internal
None
Develop Plan for 2012
Develop Fats Oils and Grease (FOG)
requirements
2
Begin in 2012
Public Works
and
Engineering
Internal
None
Develop requirements and draft code amendments;
coordinate with business owners
Coordinate Service Provision Agreement
among city and property owners for
Lionsback/Couens properties
2
Begin in
October 2011
Planning
Engineering
Public Works
Admin
Internal
None
Work with SITLA, Uonback Representatives,
Cozzens, Petersons to develop water and sewer
service provision for properties
Coordinate Couens/Peterson Annexation
2
Begin in
October 2011
Planning
Engineering
Public Works
Admin
Internal
see above
Coordinate all necessary steps, including pre -
annexation agreements and site plan approval, for
annexation
Coordinate Design and Construction
Drawings for SOO West Improvements
Phase III
2
Begin in
2012/Construc
tion in 2013
Engineering
Public Works
Administration
Internal/Consult
ant
None
Work with UDOT, Consultant and Property Owners
to develop construction drawings and finalize rights
of way
Budget Opening
2
Begin in
November
2011/Complet
e by
December
Admin
Internal
None
Work with departments in putting together mid -year
budget opening
Hwy 191 Bicycle Path
2
In Progress
Admin
Engineering
Public Works
Internal/UDOT
None
Coordinate with UDOT and property owners for
construction of Path
North Area Drainage Design and Financing
3
Begin in 2012
Planning
Engineering
Public Works
Admin
Internal/Consult
ant
Feasibility Study
Coordinate design, financing and construction of
North Area Stormwater Drainage Improvments
Animal Shelter Solar Panel Project
3
Begin Project
in 2012
Admin
Engineering
Public Works
Internal/Consult
ant
If grant is
obtained
Design and install system at Animal Shelter
Page 2