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PKT-CC-2013-08-13
Moab City Council August 13, 2013 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING MO PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) 1 of 71 2of71 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, August 13, 2013 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: PRE -COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATION NEW BUSINESS 5-1 Approval of a Request to go to Public Hearing for a Special Rate Review in Accordance with the Solid Waste Collection Franchise Agreement 5-2 Approval of a Special Event License for the Moab Pride Festival to Conduct a Visibility March on September 28, 2013 5-3 Approval of a Request by Moab Pride for the City of Moab to be a Sponsor of the Moab Pride Festival 5-4 Approval of a Request by Cathya Hass to conduct a sidewalk sale at 87 N Main from August 30 through September 2, 2013 5-5 Approval of a Federal Aid Agreement by and between the Utah Department of Transportation and Moab City for the Moab 500 West Phase 3: Millcreek Bridge to Kane Creek Road Improvement Project 5-6 Approval of an Amended Subdivision Plat for the Mulberry Grove Planned Unit Development 5-7 Approval of Ordinance # 2013-08 — An Ordinance amending the City of Moab Municipal Code, section 17.72.070, Certificate of Zoning Compliance 3of71 Required, Subsections A and B, Amending the Issuance of a Certificate of Occupancy and Certificates of Zoning Compliance with an Approved Bond 5-8 Approval of Ordinance # 2013-09 — An Ordinance Amending the City of Moab Municipal Code, Chapters 16.24.020, Design Standards Specified, 17.09.660, Site Plan — Required, 17.65.060, Supplementary Regulations for Mixed -Use MPD Developments within Commercial Zones, and 17.66.150, Final Plan and Approval and Reference Chapter 12.24, Tree Stewardship 5-9 Approval of Ordinance # 2013-10 — An Ordinance amending the City of Moab Code Title 16.00, Subdivisions, Especially Chapter 16.24.020, Design Standards Specified, as Referred to Council by the Planning Commission 5-70 Approval of Resolution #13-2013 — A Resolution accepting the Public Improvements Constructed in Association with the Subdivision Known as "The Preserve Subdivision Phase Two" and authorizing the release of the Performance Guarantee Associated with Said Improvements 5-17 Approval of a Sanitary Sewer and Water Systems Dedication and Warranty of Improvements Agreement SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: 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 4of71 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 13, 2013 — Agenda Item #: 5-1 / Title: Approval of a Request to go to Public Hearing for a Special Rate Review in Accordance with the Solid Waste Collection Franchise Agreement Fiscal Impact: Since this item is a request to go to public hearing only, there is no immediate fiscal impact. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Bob's Sanitation Summary: The Solid Waste Collection Franchise provides that the contractor may request a Special Rate Review. The City Council may consider the rate review following a public hearing and the submittal of financial information by the contractor showing that a rate increase is warranted. The City Council has been provided the required financial information from the contractor under a separate confidential cover. This agenda item is to approve the request to go to public hearing. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the request. Recommended Motion: "I move to send the Solid Waste Collection Franchise Rate Review to Public Hearing." Attachment(s): Request Letter from Bob's Sanitation Financial information included under separate cover due to confidentiality. 5of71 Bob's Sanitation Inc. 287 S. 2nd Eat Moab, Utah 84532 Phone: 435-259-6314 July 10, 2013 City of Moab 217 E. Center St. Moab, Utah 84532 Reference: Review For Rate Increase I am contacting you today to ask the City of Moab for a rate increase. I have served the City of Moab for over forty-three years now. I feel that our level of customer satisfaction is high with both residential and commercial customers. We also have gone approximately seven years without asking for a rate increase. Due to many price increases for fuel, tires, insurance, taxes, steel, utilities, and the cost of manpower, have all effected my operating cost. 1 do feel that this request is fair and reasonable. This rate increase will cost our residential customers $12.00 dollars a year more. This comes out to an approximate percentage increase of 6.25 percent. We did round off to simplify the billing process. If the council members agree to my proposed increase I would like the increase to take effect as soon as possible. I am willing to discuss this matter with any of the council mernbers, if they have any questions. I can be reached anytime at 260-1099 or 259-6314. Bob's Sanitation will continue to provide the best possible service to our city customers. I am grateful for the opportunity to work for the city and I enjoy doing so. I will wait to hear from you. Sincerely, Robert E. Hawks President 6of71 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 13, 2°13 Agenda Item #: 5-2 Title: Special Event License for the Moab Pride Festival to Conduct a Visibility March on Saturday, September 28, 2013. Fiscal Impact: n/a Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Moab Pride Festival Background/Summary: This will be the third year for this event, which is a morning "march" from Swanny Park, down 100 North to 100 East, and then up Center Street and back to the park. The City has not required a Special Event License for this event in the past because the projected number of participants did not reach the threshold to require the license. Based on last year's number of participants, along with the projected number of participants for 2013, the event organizers have submitted a Special Event License Application for approval. In the past, the City has provided traffic control at the Main Street crossings to ensure the safety of the traveling and walking public. This would be provided for this year's event as well. Since the March does not happen on Main Street itself, no special permits or permission is needed from UDOT. It should be noted that there have not been any issues of concern with this event in the past. In addition, since the march only congregates at Swanny Park for a short period of time, a Park Use Permit for Swanny Park will not be needed. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the Special Event License for the Moab Pride March. Recommended Motions: "I move to approve the Special Event License Application for the Moab Pride March." Attachment(s): Application materials 7of71 DATE PAID: AMOUNT PAID: RECEIPT NO.: l n S.3 CITY OF MOAB SPECIAL EVENT LICENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE: n�/y Q PP. ID& 05/ 17; f 1 lifart� -- � ��BrQGor,,ihvn�j�y►+ICm �- NAMEOFEVENT: ��B ��ST� vB� r I 1 / VI��1�/$I ��I�'�S/Qi rla�� DESCRIPTION OF EVENT: Kick. of i f� tnea h- I" 1 f `STI v a I Old v Poi i47 GOMe 61/". '112Pdr4 (f'3gd4/0 LOCATION OF EVENT: /f L.1 /i ra st klio0W T Par k.�Dr y PREMISES TO BE USED: C(nfPrf 0o i1�4 5� (�d� Jj4Q TEMPORARY STRUCTURES TO BE USED (IF ANY): Pr° Z� DATE(s) AND TIME(S) OF EVENT: ! Qh'1 r 1 Ay��y ,,I i�t7110 : ,�v Pr/c io ftutd ion 10 I ��-1Cietoe iluft_ ���• 1 Aau A - ANTICIPATED # OF EVENT PARTICIPANTS: JJ 3/10 `fOW Q� PHONE: (00Z'37 3 I 9 SPONSORW� S ADDRESS: �'i5 " POdk12 q I CITY: ,,),,3,4 STATE: UT 87 S 3z_ ZIP: EVENT SPONSORS NAME: J Ch n DrST2 e—I 04 A41) 6 /0e/be SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR 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 LICENSE WILL � BE DELAYED. J IANE l NAt OCs7QEl � PLEASE PRINT NAME(S) CITY SPECIAL EVENT Li ENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION ONTAINED HEREIN IS TRUE. IMIE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPON ! R. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB -7//a/13 �A 7l16/�e/3 , /C. NOTARY UBLIC day of Sal , 010 /3 1, - -_-_�� A.liliip4 AIMiIE MOSS j Notuy Public � of MA I Comm. No. 861521 1 w My comm. Cimino On 11, 2018 I 4 1 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! 8of71 CITY OF r' t 1 OAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: Vx151f 11E1 MOAB CITY CODE: 11 •01 • piV SIGN PERMIT: ROv. f .1210P MOVED -ON NECESSARY: ❑ YES NO REQUIRES PLANNINGNO\COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: t NAME OF APPLICANT: fPoe0_,X /291 PLICAS MAILING ADDRESS: I 09A8 tale I b E % nn Ol firr/6h PHONE: 600.373 J / / 7 f CITY: MOM STATE: VJ / ZIP: TS J BUSINESS NAME: MOAV FP,I1TE, an Vr1�11Q1L Df 'f /K_ V /Qh,ne"t eienier BUSINESS LOCATION: 1 tT ZONE: RA - ��1A1.- VIER 1 ( 51 \;/ t \ � I\INY/k A iYe n f or f R �, Mook frip-e,3-64,1 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: \I a i• l ht mar �I Al K �- rs of ei � kid -� alb �' f. PiteK � �y��S Swann �i� �� r J Y i , anP Cln ►VI vi.li bliSlritSS/ P/1 1:/,4 ar�'or or,',rPI r941tlor) Viii70 gov�. Su 5 r{t. i Z6 o izi L'- yak �t'ins erbaicf avwo►r v�5•tianln %��11 � Q�1� � yl!PI � � �[l� �orl �l�l f � 1 1 ��1 ri1145 VDrl(oarAaj arc, anct, 11-rmr1,11.4 010 � ra(St awar?Miss .J I urh Ci-� % 654. m 1—noon ,20 06/16/05 9of71 Address Moab, UT 84532 Gbr1 aial'v ! art � Get Goo& Maps on your phone 5 p� Touthewod %MAPS-to466453 c or, !oa 10 art �TBeDAy Serf 29�� � b` 30 Deb f �s, � j�fyayr�!� l� -l! {s>{. l,ne I ti r .4( .3S r.3 The Chu-ch of Jesus Christ of Latter-cay Sairi's Park w t;b Moaz Regto-3al Iiosoitat Ar=s g/2073 Google IN.A; INN, and Rrventtr e Irrr la* FtaTpton Pieter M Krnght Irn Moab �n Ir"e�nediate � 91, R,fe N St rit,s X VC ki deS Cati lic Church Days nrt Voas In106t(4Y./ r•.� ..+ y � - Skate P 5t►rdrtnt s C1 Fr-f. r W irt0 E Yld, It L t5 tr 11 4:07 firtt dtf. 41. FI Ili.er Canyon Lodge /,e.,. ,h HaTWit MJrti' iit. P_P Co:nanny Garden L BeslWesterr F IJs Cargorlards Irn Gonz0 n-1 tm Bowen yIY.1 t. ?rid N F,t m .� Kckopelit Lodge Ve 1 •_ .� 1ST t t r- (-: Moan FILstm Irn f tY Cal Be- "-, 1ap data @2013 Google 10 of 71 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 13, 2°13 Agenda Item #: 5-3 Title: Request by Moab Pride for City Sponsorship of Moab Pride Festival Fiscal Impact: Approval of this request would entail a waiver of all fees associated with this event, for a total of $810. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Moab Pride Festival Background/Summary: Moab Pride is requesting that the City of Moab "sponsor" the Moab Pride Festival. The attached materials from Moab Pride's description of the costs and benefits associated with such a sponsorship. It will be helpful if you read through the required materials they have provided. Their description entails a waiver of all city fees for the event, including Old City Park Fees, Special Event License Fees, and Banner installation fees. The City does not have an official sponsorship policy. The City has "co- sponsored" events and projects for which the City has major involvement in funding and organizing, including film festival events organized by the Film Commission, business training events co -organized by the City Economic Development office with other community and state agencies, the Plein Aire Festival that is co -sponsored by the MARC, and similar offerings. The City has never "sponsored" an event or organization that does not have a direct connection to city services and programs. The City Council should consider if it wishes to set a precedent for sponsoring outside organizations and events, given the number of organizations and events we have in town. There are many worthwhile organizations that provide benefits to the community that would probably see an approval of a sponsorship for this event as an open door for future sponsorships. In addition, as worthwhile as this event (and other events) may be, there are real costs associated with providing the services for these events and services and considerable thought should be given to whether waiving all of the fees associated with this event is a good precedent to set. Options: The Council may approve, approve with conditions, deny or postpone the item. Note that it may be appropriate to partially approve this request, for example, in an approval of the waiver of one or more of the identified fees. Staff Recommendation: There is no recommendation for this item. Recommended Motions: N/A Attachment(s): Request materials 11 of 71 MOAE3 PRIDE hope that you will continue to tap into this lucrative market and referral system by letting the GLBTQ community know their business is valued by the City of Moab. According to an annual Cray and Lesbian Travel Survey, courtesy of the San Francisco -based Community Marketing. Inc and Department of Commerce tourism statistics, bay and lesbian tourism generates more than S65 billion a year in the U.S. alone. And Warm weather is a motivator. They are a -warm-weather traveler" & "outdoor/active adventure traveler." compared to "luxury traveler" or -winter/ski traveler," Monh Pride sees the potential to tap into this niche. a lucrative market already thriving. in the Moab and offer a unique experience only found in Moan, home to two national parks. Arches & Canyonlands. Funds generated by Gay Adventure Week and the Moab Pride Festival parties will go toward creating a year round drop in center. Needed services for GL.BTQ youth in this progressive, but isolated town. Salt Lake City is a proud sponsor of the Utah Pride Festival which occurred on May 30 h-.Tune 2" `1 2013 at Washington Square. Both the Salt Lake County Mayor & Salt Lake City Mayor provided welcoming statements in their booklet, participated &. marched with a banner in their parade with Salt Lake City employees & waived fees associated with permits etc. Any additional hinds received by the. Utah Pride Center, in cash donations,' am not aware of at the time of writing this letter. Moab Pride is requesting the following from the City of Moab: Refund of $75 deposit for Old City Park usage, paid on 9/28 Waive $30 amplified sound fee due by 9/1 Waive $500 refundable deposit fee for Old City Park due by 9/1 Waive $80 special event license -Visibility March Waive on fees associated with side pole banner permit $25 flate rate + $5 per banner 20 banner limit $100, displayed week of Moab Pride/ Gay Adventure Week *Dottie at the T-shirt Shop has offered to donate materials & labor to create side -pole banners for us. Numbers of banners produced are undetermined at this time. Mayor Dave & the City of Moab to create another Proclamation and letter for us to place in our booklet & read at Visibility March, along with invitation of other City officials to participate. Consider representing City of Moab in Visibility March Moab Pride offers the following for City of Moab a $1,000 Pearl Sponsorship: p� Rr..K Moab. Utah 84532 rmoabroide ore 12 of 71 i MOAB. PRIDE 1. Free and/or reduced rate ad in 2013 Official Moab Pride Guide. Includes 1/2 page ad in the 2013 Official Moab Pride Guide by 8/26 or upgrade to full page at SO% off *additional fees apply. Salt Lake Ad attached for ideas ■ Logo recognition on festival signage ■ Logo recognition at Orange Party & After Party ■ Logo recognition with link on Moab Pride & Gay Adventure Week websites & social media ■ Acknowledgement/'Shout Outs' during Festival From the Stage ■ Logo recognition in select local, regional, and national print and broadcast advertising for Moan Pride Festival & Gay Adventure Week ■ Recognition in select press releases for Moab Pride Festival & Gay Adventure Week ■ Logo recognition on "Thank You" ad following festival ■ Use of "Official Sponsor" logo for advertising/marketing ■ Use of Moab Pride logo on corporate collateral ■ Featured sponsor in e-newsletter ■ Premium, Complimentary and/or discounted market vendor booth ■ Listing in Moab Pride Annual Report ■ Official 2013 Moab Pride T-shirt- quantity TBD ■ Official 2013 Gay Adventure Week T-shirt- quantity TBD ■ VIP list to Orange Party and/or After Party- quantity TBD And lastly, please consider adding to the agenda sometime before our event: Replicate for City of Moab what was recently created in Salt Lake County 5/13 & Salt Lake City 2/08: Mutual Commitment Registry in time for Festival. * details below As you know Moab Pride has had a theme/slogan every year. The first, "Where Acceptance Begins", & last year, "Let Love Flow". This year's theme expresses multiple meanings: "Naturally Engaged". Moab Pride desires to bestow accolades upon the Moab community, their service to the community & the creativity that abounds through the organizations and people dedicated to making the world a better place, here in our rural S.E Utah town. And with the recent Supreme Court rulings on DOMA & Prop 8, we are celebrating marriage equality & engagement in our determination for social justice & equality for all in life, liberty & the pursuit of happiness. Having this mutual commitment registry granted by the city would be a huge success & fitting with the theme(s) & our supportive community, as well as, the current national & state by state climate regarding marriage equality. Please consider. PO Box 1291 Moab, Urah 84532 • moabprice (ye 13 of 71 MOAB PRIDE I will be out of town for the 8/13 meeting, representing the Gay Lesbian Straight Education Network in Salt Lake City & possibly 8/27 for a much needed break before the event. If discussion is needed on those dates, Brandie Balken, Executive Director of Equality Utah is available for questions, Otherwise, I am available to attend & field any questions, My hope is to pursue this with the County as well, and because the City was the Leader with the Ant - discrimination laws, I felt compelled to present to you First. http://www.slcgov.com/recorder/mutual-commitment-registry http://www.sltrib.cam/sltrib/politics/56345413-90/bradshaw-commitment-council- county.html.csp http://www.deseretnews.com/article/695264629/Salt-Lake-City-changes-name-of- regi stry. htm l?p g-a 11 Equality Utah endorsed Councilmen Arlyn Bradshaw and Randy Horiuchi proposed and successfully passed a county wide mutual commitment registry ordinance for Salt Lake County. The registry, which passed with an 8-1 vote on Tuesday, May 21, 2013 will create a registry for "adult relationships of financial dependence or interdependence." The registry would allow for committed couples who are not legally married to receive documentation from the county attesting to their relationship status. This makes it easier for interdependent couples to secure benefits from the county or partner benefits if offered by their current place of employment, as well as accessing hospital visitation. This mutual commitment registry only applies within Salt Lake County, and would not require employers to provide partner benefits, but instead would allow businesses to more easily determine eligibility for benefits (if already offered). A similar registry was created in 2008 in Salt Lake City and this new county wide ordinance will allow simplified access for the 1+ million residents of Salt Lake County. Kudos to Salt Lake County for "recognizing that there are different types of relationships and people dependent on each other outside of the stare's definition of marriage." What are the benefits of offering a mutual commitment registry? • This registry is for adult residents of the County who share a primary residence and rely on one another as dependents. The measure would help many of our elderly residents, people with adult dependent children, as well as same -sex couples. • It is a tool for employers to use, voluntarily, to determine eligibility for benefits from their company. d" 0.0 • It will allow Salt Lake County residents who register health care visitation rights to Salt cam • Lake County health care facilities. PO Box 1291 Moab. Utah 84532 Mo cp ide crp 14 of 71 NOAB PRIDE • It allows registered individuals access all facilities owned and operated by the County, such as recreational facilities, in the same manner as that of a spouse or children. How would the registry work? The County will create and maintain the registry and provide certificates to registrants.The mutual commitment registry will be administered by the County's Recorder's Office. How does this help employers in Salt Lake County? • Mutual Commitment benefits are offered by over half of the Fortune SOO companies in the United States and numerous employers throughout Salt Lake County to their employees. ■ The registry helps those local businesses that choose to offer benefits to individuals to save time and money in the process of determining status of their employees for a variety of purposes. • Similar registries are in place in cities from Baltimore to Phoenix to Eugene and throughout California. What will residents have to do to prove their mutual commitment status? Before being considered for mutual commitment status, there are a number of requirements that must be met. The requirements include a statement that the individuals are in a relationship of mutual commitment, support, and caring, and are responsible for each other's welfare. Registrants must be each other's sole partner; be over 18 years old; be competent to contract; and share a primary residence in Salt Lake County. • Applicants will be required to provide any three of the following jive documents: I. A joint loan obligation, mortgage, lease, or joint ownership of a vehicle 2. A life insurance policy, retirement benefits account or will designating one declarant as the other's beneficiary thereto, or will of one declarant which designates the other as executor 3. A mutually granted power of attorney for purposes of healthcare or financial management 4. Proof showing that the declarant is authorized to sign for purposes of the other's bank or credit account 5. Proof of a joint bank or credit account Voar :ah 84532 moabpride ors 15 of 71 v10A PRIDE What will the registry cost tax payers? Nothing. The cost of administering the program would be covered by a $25 registration fee. Mutual Commitment Registry vs Marriage? The County has the authority to create a Mutual Commitment Registry under the general welfare clause, which grants Salt Lake County the power to `preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort and convenience of the city and its inhabitants." Utah Code Ann. § 10-8- 84(1). The ordinance does not implicate or conflict with either Article I, Section 29 of the Utah Constitution, commonly known as 'Amendment3," or Utah's "Marriage Recognition Policy," the state statute defining marriage. Does this ordinance require Salt Lake County businesses to offer mutual commitment benefits to their employees?Absolutely not. Thank you very much for your consideration. Moab Pride looks forward to furthering, strengthening & partnering with the City of Moan. In solidarity, jenn ❑estreich Vice -President 602-373-1971 moabpride.org gay a dven to re we e k. c o m facebook.com/Moabpridefestival &m o a b gaya dve ntu r ewe e k twitter & instagram @moabpride Flickr- Moab Pride Attached: 2012 City of Moab Proclamation, Salt Lake City Ad in 2013 Utah Pride Festival booklet, Letters from Ben McAdams, Salt Lake County Mayor & Ralph Becker, Salt Lake City Mayor PO Box )291 Moab, lRah 84532 • moabpride.org 16 of 71 �� O P , B P R I D E A d v e r t i s i n g A g r e e m e n t M o a b P r i d e F e s t i v a l 2 ( ) 1 3 B o o k l e t Y E S , I w a n t t o s u p p o r t t h e 3 r d A n n u a l M o a b P r i d e F e s t i v a l b y p l a c i n g a n a d i n t h e 2 0 1 3 B o o k l e t ! A d s i t e C o l o r I n s i d e F r o n t C o v e r * 1 $ 3 7 5 . - l n s i d e B a c k C o v e r * Q' $ 3 7 5 : F u l l P a g e U $ 3 2 5 _ - H a l f P a g e Q' $ 2 2 5 . - Q u a r t e r P a g e Q' $ 1 2 5 . - * b u s e d o n a v a i l a b i l i t y B u s i n e s s N a m e : A d d r e s s : C i t y : S t a t e : Z i p : P h o n e # : E m a i l : W e b s i t e : O r d e r e d B y : ( P l e a s e P r i n t ) S i g n a t u r e : D a t e : P a y m e n t : C h e c k ( e n c l o s e d ) M a k e c h e e k s p a y a b l e t o : M o a b P r i d e ( a } U t a h P r i d e C e n t e r a n d m a i l t o P . O . B o x 1 2 9 1 _ M o a b U T 5 4 5 3 2 . l C r e d i t C a r d . # : E x p b a t e : 3 d i g i t C o d e : P O B o x 1 2 9 1 M o a b . U t a h 8 4 5 3 2 " m o a n e r d e a r g 1 7 o f 7 1 3rd Annual Moab Pride Festival Booklet AD SPECIFICATIONS: Your ad File needs to be send to amy@moabpride.org by September 2" d 2013. Image Resolution: images submitted as ads or parts of ads (such as logos or products) should be 300 dpi at full ad size File Formats accepted: pdf; jpg; tif: psd; inquire about others Special Dimensions: full size: 4.5" x 6.625" (plus .25" bleed/safe zone .25" on each side) - 112 size: 3.875" x 2.9375" - 114 size: 1.8125" x 2.9375" Design costs of your ad are not included in the price of the ad. if you need help with a design and would like to discuss costs of such work please contact Amy at 801-792-3426 Bleed line f Safe area -la Deem area THANK YOU FOR SUPPORTING MOAB PRIDE FESTIVAL 2013 PC) Box 1291 Moab, Utah 84532 moabpriae.oT 18 of 71 cay of MOAB, UTAH MOAB PRIDE FESTIVAL DA 3foTEMBER ZS AND 19, 2012 WHIRIII AS, a Annual Moab on opportun or all of our citizens to celebrate and recognize the diversity of our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for all citizens; and WNWOIAS, the Moab community is a diverse community that Includes people of all races, colors, religious beliefs, national origins, ages, and genders, and WHIRIAS, our community strives for inclusiveness and acceptance of all citizens; and WNItIIIIM, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of all people. NOW THERMION., I, David I- Salorison, Mayor of the City of Moab, de heroirp proclaim Itpteet6er IS and 311, 2012 ass MOAB PRIDE ranivAL DAYS CrrY of MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259.4135 Greetings, MAYOR: DAYI6 L. 5AKR1soN Cr..ruNiaL KYLE BAJLEy JE9 REY A D Avis Tkri1G McEL.HANEY Kips-FL-4 PE-TuRsoN C;REGo W. S-ruaq On behalf of the City of Moab I would like to welcome you to the Second Annual Moab Pride Festival. The City of Moab is honored to have you here and we hope you will enjoy your stay in our beautiful city. The community of Moab is a very diverse community and we celebrate and honor that diversity, realizing that we all come from many varied and different backgrounds and beliefs. The City of Moab In November of 2010 is proud to have worked with Equality Utah and to have passed an ordinance prohibiting discrimination against LGBT citizens and all citizens from housing and employment discrimination. As the Mayor of Moab, I read the following proclamation at the September 25th meeting of the Moab City Council. Proclamation Whereas, the Annual Moab Pride Festival is an opportunity for all of our citizens to celebrate and recognize the diversity of our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for all citizens; and Whereas, the Moab community is a diverse community that includes people of all races, colors, religious beliefs, national origins, ages, and genders; and Whereas, our community strives for inclusiveness and acceptance of ail citizens; and Whereas, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of all people. Now therefore I, David L Sakrison, Mayor of the City of Moab do hereby proclaim September 28 and 29, 2012 as MOAB PRIDE FESTIVAL DAYS. Sinc rely',, Jj Dave Sakrison Mayor First EPA Green PowerCommunity in the Nation 20 of 71 LEMAR1Pr, The fastest Internet. The best entertainment. No risk. FREE rm DVR service xnNRY STREAMyI%"• Tomorrow _flurd be awesome ,r you Call T-800-XFINITY today. corncest.corn,5dmf[v �9t COMCA5T Oft ends 12,'31113 am 5 mummer readerOataaltgrars. Nat avallatt. in al areas. Requires smsatiptIon toSfarterkFTWA PlayDigital Starter N, Perfermanca Internet and 7 tITY Vane tee. After two years or if any serke s carcetedor doiegrarian, regular rates apply to Starter XF Tr* Nay Afhei prcalorrdmed pedal a it anyBerke ea canrelled or daivgreded, *Oa rates eAaammpn Qly fn auuea s&Yice" CuncasCs anima mpmity *mice Urge for ea Starter xF r e Flay raves from S136.99-$141.99 for &same' Is 54.99 and Ht1 7YH service ranges !TOM$16.9511705, daperdrig on area !rate includes HD tertv+nlagy lee, viscera appOcellet. TY at Intemet Sefke Imileri 10 a sale WWI Equipment reatelate hes. freFeleue few. me Aeguiatcry REccuery Fee and other appkabie charges (e.g., per -agar international charges) extra. May not be aredned with ether dit S. Tit Banc 9B N e suescrt un (egged 10 rexae Gels of serves. Not all ming amble in art areas. SteampixT" nnl arvialk on TV in ti areas met Actual speeds sari and ere out guaranteed. NrFF claim based au August 2012shxy at comparaole in -horn wireless (mars Di Mon Test Lets, inc. Wm:329.95 activation fee metes. Service frolging 911i serviceey may not 'urrclirr after an e#emied ravedt$afde. Morey -Bar �antee aaplas to OM nut c retuning charges and Ondard installation up 1a $500. Visit corntasi.cornignaranlee for ciitiita. Cat far *Millions and corms* details. 02013 Corncaa rW regrat resen+en" if /027694-0M 4InIty ••• •■• UTAHPRIDE Golf Classic 2013 Sunday, August 18 Drive for Diversity Lunch Prizes anti iNicire! at 5tonebridge Golf Course Registration is $95* " Tate and days of registration is $125 starting Aug. l lth 101 inventions That Changed The World June 15-Septmher 15 The Up -Cycle Project Your old clutter could be up cycled into a cool Art or Science project! Drop off anytime during regular business hours Lab @ The Leo This is your pace to learn and to create" With a new artist each month Check out our new Cafe Salt Tinkering Garage Tinker and experiment with gadgets and gizmos using simpie machines and basic methods of physics and engineering Merging Science, Technology & Creativity 801.531.9800 209 E 500 5 TAKING PRIDE IN THE DIVERSITY OF OUR CITY 21 of 71 Salt Lake County is once again pleased to welcome the Utah Pride Festival. For twenty years this festival has brought us together to celebrate the individuals who make up the LGBT community and now it's bigger and better than ever. As our state grows and our communities welcome people with different backgrounds and experiences, we are reminded of the value of diversity. Our goal is to build an inclusive community where respect is accorded to all. Every person deserves to be treated with dignity and kindness: everyone should feel well represented by their elected officials. I'm proud of Salt Lake County's progress in this regard. We were the first and so far one of only two Utah counties that extends employee benefits to adult designees. In 2010, we amended housing, public accommodation and employment non-discrimination ordinances to include sexual orientation, gender identity and gender expression. As a Utah state senator, 1 sponsored legislation to apply these protections statewide. A similar bill advanced during this year's legislative session, but unfortunately did not become law. We have more work to do to ensure that no one is discriminated against in the work place, school or neighborhood. The Utah Pride Festival serves as a reminder that we can celebrate diversity and also unite behind the goal of building an inclusive, caring and uplifting community. :rJ Ben McAdams Salt Lake County Mayor .* • • 22 of 71 Greetings! Thanks for taking part in this year's Utah Pride Festival. Salt Lake City is proud to be the host city of one of the state's biggest and best events. With the theme of "Gotta Be Real. Be Equal," Utah Pride 2013 will provide entertainment, a SK race, an interfaith service, festival booths, and of course, the ever -popular parade. inSalt Lake City, our goal is to "elevate the protection of basic human rights for all residents through policy, education, advocacy and celebration." Principles of diversity, equal protection and accessibility are critical to well -functioning municipal government and are fundamental elements of a livable city. Building on our progress with the non-discrimination ordinances prohibiting housing and employment discrimination based on sexual orientation or gender identity, the Mutual Commitment Registry and other initiatives to bring justice and equal opportunity to all City residents, Salt Lake City will continue with an aggressive agenda in support of equality. Our efforts are not only making a difference for residents here in Utah's Capital City, but are also serving as templates for other communities throughout Utah and neighboring states. Municipalities are following Salt Lake City's lead and passing similar non-discrimination ordinances. The work to advance equality is far from finished. I look forward to working with you as we strive together to make Salt Lake City a place where there is opportunity and equality for all. Enjoy the celebration! Warm Regards, Ralph Becker Mayor ,)1114/0;"4.::"'' f•� r• Y 23 of 71 ear OF MOAB, (ITN/ MOAB PRIDE FESTIVAL DAVC) S'EPTEMf$ER 29. 2012 11111111" WHEREAS, the Annual Moab Pride Festival is an opportunity for all of our citizens to celebrate and recognize the diversity of our community and to promote and advocate the message of tolerance, civility, equality, dignity and respect for all citizens; and EREAS■ the Moab community is a diverse community that includes people of all races, colors, religious beliefs, national gins, ages, and genders, and WHEREAS, our community strives For inclusiveness and acceptance of ail citizens; and WHEREAS, we embrace and celebrate our individual identities and our commonalities, I would encourage the Moab; community to unite in solidarity and common purpose to celebrate the diversity, shared humanity and civil rights of people. HOW THEREFORE, I, David L Sphrlion, Mayor of the City of Moab, do dRreby proclaim September 28 and 29, 2012 a MOAB PRIDE FESTIVAL DAYS 24 of 71 Savage Spirit! 87 N Maix, PO Box 937 Moak CIT 84532 435-259-2ART (2278) www. kwthook.Cowlsawage6peut uroah Proposal for Savage Spirit Sidewalk sale on Labor Day Weekend: The sale will be Friday, August 30 through Monday, September 2, 2013, from 9 am - 0 pm. The sidewalk sale will take place on the sidewalk in front of 87 N Main and is for Savage Spirit only. Thank you, CathyA Haas 25 of 71 MOAB CITY COUNCIL MEETING Agenda Item #: 5-5 Title: Approval of a Federal Aid Agreement by and between the Utah Department of Transportation and Moab City for the Moab 500 West Ph3: Mill Creek Bridge to Kane Creek Road Improvement Project Fiscal Impact: $89,056 in City Match Funds, $1,065,761 in Federal Funding Staff Presenter(s): Rebecca Andrus Department: Engineering Applicant: N/A Background/Summary: The City of Moab was awarded $1,000,000 in Small Urban Road Funds for completion of the 500 West Phase 3 Road Improvement project. This funding required a local match of 6.77%. In addition, there were some funds left over from the 500 West Phase 2 project completed in 2010. Since the Phase 2 funds were earmarked specifically for work on 500 West, they could not be transferred to other projects. Therefore, UDOT agreed to include the surplus funds with the Phase 3 work. This $65,761 requires a 20% local match. The total required local match for both projects is $89,056. The work under this project extends from the Mill Creek Bridge south to the Kane Creek intersection with the potential for some work on Kane Creek itself if funding allows. The project was scheduled to begin in October of 2014 when the Small Urban Road Funds were available. However, the earmark funds can be spent immediately upon approval of the Federal Aid Agreement enabling the City to get a jump start on the project. Options: Approve, Deny or Table Staff Recommendation: Approve Recommended Motion: I move to approve the Federal Aid Agreement by and between the Utah Department of Transportation and Moab City for the Moab 500 West Ph3: Mill Creek Bridge to Kane Creek Road Improvement Project. Attachment(s): Federal Aid Agreement 26 of 71 PARTNERS FOR SUCCESS UDOT and Local Governments State of Utah Department of Transportation udol.vrah govilocaloavernmenl Federal Aid Agreement Maximum Project Value for Local Agency Project City of Moab - Rebecca Andrus Authorized CFDA No. 20.205 $1,154,817 PIN Number Project Number Agreement Number 9983 F-LC19(15) (Assigned By Comptrollers) FINET Number PIN Description 53546 Moab 500 West Ph3: Mill Creek Bridge to Kane FMIS Number Creek Date Executed F007691 This Agreement is entered into this day of , 20_, by and between the Utah Department of Transportation ("UDOT") and Moab City ("Local Agency"), a political subdivision of the State of Utah. The Local Agency has a project that will receive financing from federal -aid highway funds. The Project consists of Moab 500 West Ph3: Mill Creek Bridge to Kane Creek, including the intersection of Kane Creek and possibly some work on Kane Creek itself, located at Moab City and identified as project number F-LC19(15). Pursuant to 23 CFR 635.105, UDOT has the responsibility to oversee the federal aid projects to ensure adequate supervision and inspection so the projects are completed in conformance with the approved plans and specifications, including compliance with all federal requirements. In instances where UDOT does not have jurisdiction over the road where the Project is being performed, UDOT may arrange for the Local Governmental Agency with jurisdiction of the road to perform the work with its own forces or by contract. This Agreement describes the respective roles and requirements of UDOT and the Local Agency to ensure compliance with the federal requirements for the receipt of federal funding for the Project. State Wide Transportation Improvement Program STIP 2013 - 2016 Fund* Prior 2013 2014 2015 2016 Total Fed Aid State Other Pct EM_HPP_1702 $0 $82,201 $0 $0 $0 $82,201 $65,761 $0 $16,440 20.00% STP_SU_JHC $0 $0 $1,072,616 $0 $0 $1,072,616 $1,000,000 $0 $72,616 6.77% Total: $0 $82,201 $1,072,616 $0 $0 $1,154,817 $1,065,761 $0 $89,056 7.71% Revised 3-20-13 1 of 9 27 of 71 AGREEMENT Now, therefore, the parties agree as follows: I. Description of the Project. II. UDOT's Roles and Responsibilities on a Federally Funded Local Government Project as follows: A. Oversee compliance with federal and state regulations. B. Ensure transportation project oversight as outlined in 23 CFR. C. Assign a UDOT Project Manager to: 1. Assist the Local Government Project Manager to monitor scope, schedule, budget, and help track expenditures during all phases of the project. 2. Assist in project risk monitoring by reviewing and discussing identified risks and mitigation efforts. 3. For projects approved through the Wasatch Front Regional Council (WFRC), assist in early coordination with UDOT's Environmental staff during preparation of the environmental document. 4. Prepare and process the federal aid agreement before project initiation. 5. Help administer consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the Project. 6. Assist the local agency to process and approve Consultant Pay Requests. 7. Coordinate and participate in design review meetings to ensure the federally -approved, UDOT design process is followed. 8. Coordinate to ensure ongoing communication with the local project sponsor. 9. Coordinate payment of local government matching, betterment or other funding to UDOT prior to project advertisement. 10. Assist the Local Agency in preparing and executing Utility Reimbursement Agreements as required. 11. Coordinate betterment items and finalize agreements prior to construction advertising. 12. Assist with the federally -approved construction advertising and award processes. 13. Coordinate with the Local Project Manager to review and recommend change orders for approval. 14. Coordinate the UDOT project closeout process. III. Local Agency Roles and Responsibilities on a Federally Funded Local Government Project. The Local Agency shall manage the Project in compliance with federal and state laws and regulations. The Local Agency shall monitor the quality of work being performed on the Project and daily activities and issues with the consultants. For Class B and C roads, the Local Agency assumes responsibility for the design, construction quality and maintenance of the road. A. The Local Agency shall assign a representative to serve as the Local Project Manager to: 1. Research, understand, and take responsibility for federal requirements by its acceptance of federal funds. 2. Coordinate with the UDOT Project Manager concerning the funding. 3. Committee (MPO's, etc.) for funding and expenditure time -frames, scope issues and delivery schedule. 4. Manage the day-to-day activities of the Project as follows: a. Consultant and professional services used on the Project. b. The Local Agency shall recommend and approve consultant pay requests. c. Project scope, schedule, budget, and quality. d. Coordination of details, decisions and impacts with the local jurisdiction's community councils, commissions, legal counsel, department heads, political leads, engineering and public works departments, etc. e. Coordination with the assigned UDOT Project Manager. f. Project risk monitoring by reviewing and discussing identified risks and mitigation efforts. g. Monitor project schedule and progress of all project tasks to ensure a timely delivery of the project. h. Schedule discussion should be held in all preconstruction and construction project progress meeting. i. Oversee project compliance with federal and state transportation project processes. These responsibilities include (but are not limited to): 2of9 28 of 71 1) Participate in the federally approved consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the project. 2) Participate as the active lead in project team meetings as well as all field and plan reviews. 3) Ensure NEPA Environmental clearances and approvals are obtained. 4) Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all design exceptions, waivers or deviations are obtained and have the necessary signatures in place. 5) Ensure and certify that right of way acquisitions follow the federal Uniform Act and comply with state right of way acquisition policy, including rules, and meet all Project right of way commitments. 6) Ensure construction standards and specifications are met. 7) Oversee project construction management operations, progress, documentation and quality inspection to meet state and federal contract administration requirements. j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper documentation, easements and agreements in place. The Local Agency shall provide to UDOT Region Utility Coordinator the Project utility certification prior to construction advertising. k. Ensure required documentation is in place before submitting the advertising package to UDOT for advertising through its federally -approved process. I. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and betterment funds prior to advertising. m. Approve the final advertising package and obtain local signature approval before proceeding to advertise. n. Review the abstract of bids and recommend to the UDOT Project Manager award of the project. o. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer (RE). p. Review all construction change orders for approval and submit them to UDOT Project Manager for review and processing. q. Review the project budget for changes related to change orders, quantity overruns, incentives, fuel and asphalt adjustments, etc. r. Ensure materials comply with the current UDOT Materials Testing and Acceptance Manual and the UDOT Minimum Sampling and Testing Requirements. s. Assist to provide all documentation needed for construction project close out including Buy America certification. t. Coordinate the project close out process by timely closing all open contracts and agreements. u. Provide right of way certification verifying all required right of way has been purchased prior to advertising. This list of roles and responsibilities is not comprehensive but describes the general roles of the Local Agency. IV. Funding. Upon signing this agreement, the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT. Phases typically include environmental, design, right of way and construction. The local match for this project is represented by the percentages of the Total Project Value shown below. In addition the Local Agency agrees to pay 100% of the overruns that exceed $1,154,817 and any ineligible costs when requested by UDOT. All project costs not reimbursed by FHWA shall be the responsibility of the Local Agency. No costs are eligible for federal aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. For the specific funding for the project, see page 1, Statewide Transportation Improvement Program (STIP). UDOT will request payment of matching shares and overruns through an email that will be sent to Rebecca Andrus at REBECCA@MOABCITY.ORG the Local Agency Contact. The Local Agency shall pay within 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, 4501 South 2700 West, Box 1415010, Salt Lake City, Utah 84114-1510. 3of9 29 of 71 The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the federal government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. Funds requested beyond the amount set forth will require execution of a Supplemental Financial Agreement. If the project has cost overruns, the Local Agency shall pay the additional amount required within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made. If the advanced amount exceeds the Local Agency's share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial closure of the project. UDOT shall provide the Local Agency with a quarterly statement reflecting a cost summary of project costs. V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager. Reimbursements to the Local Agency for right of way claims are classified as a pass -through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by the Federal government. The Local Agency shall comply with 23 CFR Section 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR Section 710.203 http://www.gpoaccess.gov/cfr/retrieve.html. VI. Federal Aid Project Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, Office of Management and Budget Circulars A-102, A-87 and A-133, policies and procedures promulgated by FHWA, UDOT Local Government and State Aid Project Guide, UDOT's Right of Way Operational Manual and the Federal Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects. VII. Project Authorization for Federal Aid. The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any federal aid project. Federal funds shall not participate in costs incurred prior to the date of authorization, except as provided by 23 CFR Section 1.9(b). VIII. Liability. Local Agency agrees to hold harmless and indemnify UDOT, its officers, employees and agents (Indemnities) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of the Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project, and from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of Indemnities' failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the project does not relieve the Local Agency of its duty in the performance of this Project or to ensure compliance with acceptable standards. IX. Single Audit Act. The Local Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, http://www.whitehouse.gov/omb/circulars/a133/a133.html. A sub -recipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 4of9 30 of 71 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4501 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. X. Maintenance. The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with state and federal requirements. XI. Utilities. The Local Agency shall notify and cooperate with utility companies having facilities in the project limits in accordance with Utah Code Section 54-3-29. The Local Agency shall certify, in accordance with 23 CFR Section 645.107(c), that utility relocation reimbursements to be made in accordance with the provisions of 23 CFR Section 645.107(a) do not violate the terms of a use and occupancy agreement, or legal contract, between the utility and the Local Agency, or are solely for the purpose of implementing safety corrective measures to reduce the roadside hazards of utility facilities to the highway use as provided in 23 CFR Section 645.107(k). The Local Agency shall determine reimbursement eligibility for identified relocations based on Local Agency Franchise Agreement or Ordinance. If not reimbursable, submit a written statement to UDOT that the Local Agency is "legally unable to reimburse the utilities" for relocation or protection work as part of the project. Utility relocations deemed to be reimbursable will be performed in accordance with 23 CFR Section 645, Utilities, Subpart A, and are subject to 23 CFR Section 635.410, Buy America Requirements. In accordance with 23 CFR Section 645.209 (g), the Local Agency will provide a degree of protection to the highway that is equivalent to or more protective than Utah Administrative Rule 930-7, Utility Accommodation Rule. XII. Availability of Records. For a period not less than three (3) years from the date of final project close out with federal government, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the state and federal government, or furnished upon request. XIII. Right of Way. The Local Agency shall acquire all the required right of way for the Project in compliance with 23 CFR Section 710.309, 49 CFR Part 24 and UDOT Right of Way Operations Manual. The Local Agency shall use the right of way module in ePM for acquisitions. Once all the necessary right of way is acquired, the Local Agency shall obtain UDOT's certification. All the necessary right of way must be obtained before the project is advertised. No limitations concerning right of way shall be allowed. For UDOT right-of-way certifications required for advertising access the following: http://www.udot.utah.gov/main/f?p=100:pq::::1:T,V:808,34728. For real property disposals the Local Agency shall comply with 23 CFR Sections 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR Sections 710.409 and 710.403. This requires that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.gpoaccess.gov/cfr/retrieve.html for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate metropolitan planning organization or the Joint Highway Committee. XIV. Change in Scope and Schedule. Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project. Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. 5of9 31 of 71 Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders. At the Local Agency's request, UDOT will initiate change orders that cover betterments. The Local Agency shall be responsible for 100% of the costs of all change orders on the Project not reimbursed by FHWA. XV. UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. Appropriate charges for these costs will be included in invoices to the Local Agency. XVI. Additional Contracting Party. If the Local Agency desires to be an additional contracting party and an additional bondholder or obligee on the performance bond for Class B and C roads, a signed letter on official letterhead by the governing body of the Local Agency shall be an attachment to this Federal Aid Agreement. This provision applies only to federally funded projects and only on B and C roads. XVII. Termination. This agreement may be terminated as follows: 1. By mutual agreement of the parties, in writing. 2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Thirty day written notice to terminate the Agreement will be provided to the other party describing the noncompliance of the Agreement. If the noncompliance is not remedied within the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is violating the Agreement that may result in harm to the public, inappropriate use of federal funds or if the Federal Highway Administration requests immediate termination, UDOT may terminate the Agreement without giving the thirty day notice. 3. By UDOT for the convenience of the state upon written notice to the Local Agency. 4. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. In the event of termination, the Local Agency shall pay all of UDOT's costs regardless of whether the Project is constructed. XVIII. Miscellaneous. 1. This Agreement cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties. 2. If any term or provision of this Agreement or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each term, condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this Agreement. 3. The failure of a party to insist upon strict performance of any provisions of this Agreement shall be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. 4. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this Agreement for and on behalf of the respective parties 5. The parties shall not, by this Agreement nor by any act of either party, be deemed principal and agent, limited or general partners, joint ventures or to have any other similar relationship to each other in the conduct of their entities. XIX. Content Review Language content was reviewed and approved by the Utah AG's office on March 20, 2013. 6of9 32 of 71 GENERAL (FHWA) PROVISIONS FOR FEDERAL -AID AGREEMENT 1. General Provisions: The Grantee will comply with all Federal laws and requirements which are applicable to grant agreements, and imposed by the Federal Highway Administration (FHWA) concerning special requirements of law, program requirements, and other administrative requirements. 2. Modification: This agreement may be amended at any time by a written modification properly executed by both the FHWA and the Grantee. 3. Retention and Custodial for Records: (a) Financial records, supporting documents, statistical records, and all other records pertinent to this instrument shall be retained for a period of three (3) years, with the following exception: (1) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation claims, or audit findings involving the records have been resolved. (2) Records for non -expendable property, if any, required with Federal funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by FHWA, the 3-year retention requirement is not applicable to the recipient. (b) The retention period starts from the date of the submission of the final expenditure report. (c) The Secretary of Transportation and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the recipient, and its contractors and subcontractors, to make audits, examinations, excerpts, and transcripts. 4. Equal Employment Opportunity: (a) The application/recipient agrees to incorporate in all contracts having a value of over $10,000, the provisions requiring compliance with Executive Order 11246, as amended, and implementing regulations of the United States Department of Labor at 41 CFR 60, the provisions of which, other than the standard EEO clause and applicable goals for employment of minorities and women, may be incorporated by reference. (b) The application/recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase orders for material, supplies, or equipment over $10,000 in value will incorporate the required EEO provisions in such contracts and purchase orders. (c) The applicant/recipient further agrees that its own employment policies and practices will be without discrimination based on race, color, religion, sex, national origin, handicapor age; and that it has or will develop and submit to FHWA by August 1 an affirmative action plan consistent with the Uniform Guidelines on Employee Section Procedures, 29 CFR 1607, and the Affirmative Action Guidelines, 29 CFR 1608. 5. Copeland Act: All contracts in excess of $2,000 for construction or repair awarded by recipient and its contractors or subcontractors shall include a provision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, and person employed in the construction, completion, or repair of public work, or give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to FHWA. 6. Davis -Bacon Act: When required by the Federal program legislation, all construction contracts awarded by the recipient and its contractors or subcontractors of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the G/CAO. 7. Contract Work Hours and Safety Standards Act: Where applicable, all contracts awarded by recipient in excess of $2,500 that involve the employment of mechanics or laborers, shall include a provision for compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulation 29 CFR, Part 5). Under section 103 of the Act, each contractor shall be required to compute the wages or every mechanic and laborer on the basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act if applicable to construction work provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 8. Access to Records: All negotiated contracts (except those of $10,000 or less) awarded by recipients shall include a provision to the effect that the recipient, FHWA, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. 9. Civil Rights Act: The recipient shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied that benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient received Federal financial assistance and shall immediately take any measures necessary to effectuate this Agreement. It shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment discrimination where: (a) The primary purpose of and instrument is to provide employment, or (b) Discriminatory employment practices will result in unequal treatment of persons who are or should be benefitting from the grant -aided activity. 10. Nondiscrimination: The applicant/recipient hereby agrees that, as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d), related nondiscrimination statutes, and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the applicant/recipient receives Federal financial assistance. The specific requirements of the United States Department of Transportation standard Civil Rights assurances with regard to the States' highway safety programs (required by 49 CFR 21.7 and on file with the U.S. DOT) are incorporated in this grant agreement. 11. Rehabilitation Act: The recipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health, Education, and Welfare (45 CFR, Parts 80, 81, and 84 promulgated under the foregoing statute. It agrees that, in accordance with the foregoing requirements, no otherwise qualified handicapped person, 7of9 33 of 71 by reason of handicap, shall be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, and that it shall take any measures necessary to effectuate this Agreement. 12. Government Rights (Unlimited): FHWA shall have unlimited rights for the benefit of the Government in all other work developed in the performance of this Agreement, including the right to use same on any other Government work without additional cost to FHWA. 13. Accountability of equipment acquired in prior years will be transferred to the current year Grant. An updated inventory list will be provided by FHWA. 14. This Grant is subject to the conditions specified in the enclosed Negotiation Document. 15. Drug -Free Workplace: By signing this agreement, the recipient certifies that it is in compliance with the Drug -Free Workplace Act (41 U.S.C. Sec. 701 et seq.) And implementing regulations (49 CFR Part 29), which require, in part, that grantees prohibit drug use in the workplace, notify the FHWA of employee convictions for violations of criminal drug laws occurring in the workplace, and take appropriate personnel action against a convicted employee or require the employee to participate in a drug abuse assistance program. 16. Limitation on Use of Federal Funds for Lobbying for Grants in Excess of $100,000: By signing this agreement the recipient declares that it is in compliance with 31 U.S.C. Sec. 1352, which prohibits the use of Federally appropriated funds to influence a Federal employee, officer, or Member of Congress in connection with the making or modification of any Federal grant, loan, contract, or cooperative agreement. Unless the payment of funds is otherwise reported to FHWA, signing this agreement constitutes a declaration that no funds, including funds not Federally appropriated, were used or agreed to be used to influence this grant. Recipients of subgrants in excess of $100,000 must make the same declarations to the grant recipient. With respect to the payment of funds not Federally appropriated by the recipient and sub-recipients,the recipient must report to the FHWA the name and address of each person paid or performing services for which payment is made, the amount paid, and the activity for which the person was paid. 50036.2-M-34b Form FHWA-1273 (Rev. 3-94) LOCAL AGENCY Utah Department of Transportation City of Moab Official By By Region Director Date Date Mayor David Sakrison 8 of 9 UDOT Comptroller By Comptroller's Office Date 34 of 71 CQNNErliNGi CO NAN.:•Nwi S Consultant Services Federal Aid Agreement Review/Approval Routing Form STATE OF UTAH UTAH DEPARTMENT OF TRANSPORTATION ENGINEERING SERVICES Project No.: F-LC19(15) PIN Description: Moab 500 West Ph3: Mill Creek Bridge to FINET Prog Code No.: 53546 TODAY'S DATE PM REQUEST DATE FEDERAL AID 7/18/2013 7/18/2013 PIN No.: 9983 UDOT Proiect Manager UDOT Contract Administrator Rustin Udot Anderson PO Box 300393 Glenwood, UT 84730 (435)979-4557 rustin@wcecengineers.com Michael R. Butler PO Box 148490 Salt Lake City Utah 84114-8490 (801)965-4419 michaelbutler@utah.gov Local Government City of Moab 217 E. CENTER Moab, UT 84532 Rebecca Andrus, (435) 259-4941 REBECCA@MOABCITY.ORG Proiect Value $1,154,817 Federal Match $1,065,761 Local Government Match $89,056 State Match $0 Please print five single sided copies and route for review/approval to the individuals listed below, using the contact information above. Please sign where appropriate on page #1 in the document before forwarding to the next individual on the list. Please route in the following order: Routing Sequence Date 1 Sent to Local Government 7/18/2013 2 Review/Approved Local Government 3 Review/Approved UDOT Region Director (c/o UDOT PM) 4 Consultant Services 5 Sent to UDOT Comptroller 6 Review/Approved UDOT Comptroller 9of9 35 of 71 f Agenda Summary Moab City Council Meeting April 23, 2013 PL-13-099 Agenda Item #: 5-6 Title: Approval of an Amended Subdivision Plat for the Mulberry Grove Planned Unit Development Staff Presenter(s): Jeff Reinhart, Planner Department: Planning and Zoning Applicant: Kalen Jones Background/Summary: An amendment to the final plat of the Mulberry Grove PUD has been submitted to the City by Kalen Jones of the Mulberry Lane Community, LLC. The plat reflects minimal adjustments for minor realignments in the trail system, lot lines, and open space parcels as required because of the installation of utilities and demands made by the Fire Department for easier access into the property. The application for this plat amendment satisfies the dimensional requirements of the PUD regulations and the approved plat. The utility easements have been enhanced to include the locations of constructed sewer and water lines. The attached Exhibit A indicates the amendments to the property lines. The signed dedicatory statements of all property owners have also been included for review by Council. Approval of the modifications to the plat fall under the guidelines of State Code Chapter 10-9a- 608(b)(ii) that state that the land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if: (i) any owner within the plat notifies the municipality of the owner's objection in writing within 10 days of mailed notification; or (ii) a public hearing is required because all of the owners in the subdivision have not signed the revised plat. The public hearing held on September 11, 2012 was required because all of the property owners were not available to sign the plat. Currently, the applicants have gathered all of the signatures 36 of 71 City Council Mulberry Grove PUB Amended Plat August 13, 2E113 2 of each property owner, so, while a public hearing is not required, the alignments of some of the parcels (open space and trail) have changed slightly and still require Council approval. Staff Recommendation: Staff recommends that the plat be approved by Council. Recommended Motion: I move to approve the Amended Plat for Mulberry Grove, Amendment 1. Attachment(s): Final Plat Signed Property Owners Dedicatory Statements p:\planning department \2013\correspondence \p1-13-096 cc mulberry grove final.docx 37 of 71 NOISIAR IS 1. M , r /1'1 • .. ..•.- . ••••i. - ...ri )41'1 • , ..,rikl:)•1..,41.3 k • :J1 Ck v Afm..t. "• , NOitil.:11(litill•-; 1 N I1NC1N .0{11 Iff11.101 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT 1, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DA L Ell 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF UWE HAVE HEREUNTO SET MY/OUR HAND THIS2-9 DAY OF 71/1�/ , A.D. 20 13 Owner's Signature er's Sigure r, "pf-A-RI-6A167Do�,y let. .Jo-)e5 Clearly Print Name CI ea�Iy Print Name ACKNOWLEDGEMENT ON THE - DAY OF ",i,) - 20 , A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of r )§ State of - GLENNA OLIVER Notary Pubiie State of [hats My Commission Expires on; September 9, 2015 Comm. Number: 612913 COMMISSION EXPIRES: RESIDING IN: , 39 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 9 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF %IWE HAVE HEREUNTO SET MY/OUR. HAND THIS /D_DAY OF -3-1j2.- , A.D. 200 . Owner's Signature Owner's Signature Get r- C(itjA early Print Name Clearly Print Name ACKNOWLEDGEMENT ON THE tO DAY OF ; j u _ , 20 0, A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand State of Utah } }§ COMMISSION EXPIRES: 0 A-57Z ut Y .RESIDING IN: 6,„„ot 40 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT 1, SL]BDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED , 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF IIWE HAVE HEREUNTO SET MY/OUR HAND THIS i 2 DAY OF �J 'r`'` — , A.D. 20 �--�7 'jet r r _ , �y Owner's ignature Owner's Signature c v`� Clearly Prinr ame Clearly Print Name ACKNOWLEDGEMENT ON THE ) DAY OF , 20 E A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand ) ) § State of Utah } DAWN RENAE EDDY Notarp Public State of EJfoh My Commission Expires on: May 20, 2014 Comm. Number: 5825811 L COMMISSION EXPIRES: S { �.3 L RESIDING 41 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE. PLAT OF MULBERRY GROVE AMENDMENT 1, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 . DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF I/WE HAVE HEREUNTO SET MY/OUR HAND THIS 6 DAY OF juiVa. , A.D. 20 t 1. Owner's lure \,10\r\il ne Clearly Print N 3,a)(, Owner's Signature Clearly Print Name ACKNOWLEDGEMENT ON THE DAY OF �u , 20 � �, A.D., PERSONALLY APPEARED BEFORE ME, THE UND IGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand State of Utah )§ NOTARY PUBLIC 'Mx Myers 651287 Yly Coramissian Expires January 09, 2016 STATE OF UTAH COMMISSION EXPIRES: RESIDING IN: 42 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT 1, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF I/WE HAVE HEREUNTO SET MY/OUR HAND � THIS, 6-AMY OF D'u.q.� , A.D. 20 13, Owner's Signature Owner's Signature .1) an ; e Stev)tQ Clearly Print Name Clearly Print Name ACKNOWLEDGEMENT ON THE DAY OF \-An , 20 1; , A.D,, PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand State of Utah )§ } KATIE DAY Notary Public Stets of Utah Comm. No. 657611 Airy COMM. Euinis Aug 2o, 2o16 COMMISSION EXF'IRES_ �c1 -'t 7/0 V RESIDING IN:1: 43 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNERS) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DA I'ED , 20 DO HEREBY DEDICA I E FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF UWE HAVE HEREUNTO SET MY/OUR HAND THIS (21k DAY OF , A.D. 20 { a. J 0• Owner's S. afore Owner's Signature L E NA Clearly Print Name Clearly Print Name ACKNOWLEDGEMENT ON THEA DAY OF GI , 20 , A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of L.,/) )§ State of kfr(-24))- _,) HEATHER M, YORBA Notary Putriic • State of Arizona -AVAPAl COUNTY toiy Commission Expires —August 17, 2016 COMMISSION EXPIRES: " l'� RESIDING IN: ;�C�Y]c:4 jai 44 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT I/WE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT 1, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. IF ANY. IN WITNESS WHEREOF IIWE HAVE HEREUNTO SET MY/OUR HAND THIS DAY OF ,, • .D. 20� L Owner's Signature Clearly Print Name Owner s • nature Clearly Print Name ACKNOWLEDGEMENT ON THE (2 rlDAY OF ,L. , 20 A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Gr-and-- ) )§ State ofi ) COMMISSION EXPIRES: L)1-/- 62- ,)eI 67 ffZ RESIDING IN: 45 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT UWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT 1, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT 1, 'SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF IIWE HAVE HEREUNTO SET MY/OUR HAND THIS DAY OF p r ; , A.D. 20 13 Owner's Signature Owner's Signature Clearly Print/Name Clearly Print Name ACKNOWLEDGEMENT ON THE ::/L DAY OF A P r + 1 , 20 ;3, A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT PE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of enrc-,-,4 ) )§ State of IA h ) NOTAPW PUBLIC P#CHELLE NAVARRO 544-47 �:;OPhMISS:ON EXPIRES MAY 21, 2016 STATE OF UTAH COMMISSION EXPIRES: Ma y I ,? D 1 � RESIDING IN: Mo (..,Pha,t)'1 46 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT UWE AS OWNER(S) OF A I RACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT 1, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 s DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF IIWE HAVE HEREUNTO SET MY/OUR HAND THIS [tikDAY OF /A.L�. 20 t3. l Owner's -Signature Owner's Signature fE}�j�A��, Clearly Print Name Clearly Print Name ACKNOWLEDGEMENT ON THE i(DAY OF ; ["i ! , 24 [3, A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of re,,,,\O State of } }§ } PUJJC 7,I.A>w HUGHLF 600E,.75 ,'ji\AMISSION EXPIRES 09/25/2014 STATE UP UTAH l) COMMISSION EXPIRES: � '" RESIDING IN: grj. 47 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT I/WE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT 1, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF I/WE HAVE HEREUNTO SET MY/OUR HAND THIS -' DAY OF AAA 4 c r4 , A.D. 203_ cx, Owner's Signature Owner's Signature re-- 4_ A s Clearly Print Name Clearly Print Name ACKNOWLEDGEMENT ON THE V-7 DAY OF , 20V2, A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand }§ State of Utah MARIA 5HLIPE ti Notary Public 5tcte of Utah i Nay Commission Expires on: March 1, 2015 Comm. dumber 605157 COMMISSION EXPIRES: 41(BiUI . t '106- RESIDING IN: GOLU/id r (0.4/47) �r j:ldedicatory statementslmuiberry 3 owners signature.docx 48 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT I/WE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED , 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. rN WITNESS WHEREOF I/WE HAVE HEREUNTO SET MY/OUR HAND THIS DAY OF ,tj , A.D. 20_13. Owner's) Signature Owner's Signature ELf. 3E 19 1\-A0R-r ors-► Clearly Print Name Clearly Print Name ACKNOWLEDGEMENT ON THE R' DAY OF A.CLArti , 20 13 A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand )§ State of Utah DAWN RENAE EDDY Notary PAric 5:we of Utah My Commission Expires on: Muy 20, 2014 Comm. Number; 582584 Cuuut- \Ziij\o--e_ COMMISSION EXPIRES: /2/b L4 RESIDING IN: f\ki.G-10. LJ�6-1k j:\dedicatory statements mulberry 3 owners signature.docx 49 of 71 OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT IIWE AS OWNER(S) OF A TRACT OF LAND DESCRIBED ON THE PLAT OF MULBERRY GROVE AMENDMENT I, SUBDIVISION, P.U.D. HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS, TRACTS, AND EASEMENTS TO BE HEREAFTER KNOWN AS: MULBERRY GROVE, AMENDMENT I, SUBDIVISION AS RECORDED WITH SAID PLAT CONTAINING SURVEYOR'S CERTIFICATE DATED 20 DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC EASEMENTS, UTILITIES, PARCELS OF LAND, AND OPEN SPACES SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, IF ANY. IN WITNESS WHEREOF IIWE HAVE HEREUNTO SET MY/OUR HAND 1'14 Owner's Signature Alt,r•f lt Clearly Print Name THI `j DAY OF ..A1 bk(. , A.D. 20 13. Owner's Signature Clearly Print Name ACKNOWLEDGEMENT ON THE 1J" DAY OF 1-46t /rC 201R, A.D., PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, THE SIGNER OF THE ABOVE OWNER'S SIGNATURE, ACKNOWLEDGEMENT, AND DEDICATION WHO DULY ACKNOWLEDGED TO ME THAT HE/SHE/THEY SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. County of Grand ) )§ State of Utah } COMMISSION EXPIRES: NICOLE.BIERSCH#ED Notary Public State of !Utah My Commission Expires on: April 26, 2016 Comm. Number' 555583 RESIDING IN: j1_4 j:ldedicatory statementslmulberry 3 owners slgnature.docx 50 of 71 f AGENDA SUMMARY MOAB CITY COUNCIL August 13, 2013— Agenda Item #:5-7 PL-13-0 Title: Approval of Ordinance #2013-08 to Amending MMC Section 17.72.070, Certificate of Zoning Compliance Required, Subsections A and B, Amending the Issuance of a Certificate of Occupancy and Certificates of Zoning Compliance with an Approved Bond Fiscal Impact: n/a Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Background/Summary: In the past, Staff has successfully utilized small bond amounts to cover the costs of incomplete minor improvements on projects so developers and contractors could receive a certificate of occupancy prior to full completion. Recent requests by developers and contractors for certificates of occupancy on some of these nearly completed projects have required much greater bond amounts than the few hundred dollars that had been required on previous occasions. A review of MMC 17.72.070 indicated that the zoning administrator could allow the occupancy of an unfinished building provided that a bond was posted with the city recorder in an amount equal to the costs of completing the necessary work as determined by Council. However, it is unclear how the amount would be determined and what types of work could be covered by the agreement. Ordinance #2013-08 establishes four items for an early certificate of occupancy to be issued: 1. Specifies the scope and type of work to be performed such as remaining trim, concrete, landscaping, and minor improvements; 2. States that the work will not include ADA accessibility requirements, sanitation or culinary water improvements, or any other health and safety requirement; 3. Places a cap of $10,000.00 on the amount needed to be spent; 4. Clearly requires Council approval of an Improvements Agreement that will include the construction costs, amount of the bond at 150% and any other identifiable administrative costs and a date for completion. The ordinance also grants the authority to the City Manager to extend the date of completion and release the bond amount upon completion. 1 51 of 71 Page 2 of 3 The Planning Commission held a public hearing on this ordinance on August 8, 2013 and subsequently unanimously voted to recommend Ordinance #2013-08, to Council for approval. A detailed cross-out/underline comparison of Chapter 17.72.070 A and B with the ordinance is attached. Options: The process for text amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either recommend approval, approval with modifications, or disapproval of the application", must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, "In its discretion... elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." (17.04.100 C) The Council can: 1. Approve Ordinance #2013-08 as written; 2. Approve the Ordinance #2013-08 with amendments; 3. Vote to not approve Ordinance #2013-08 and state their reasons; 4. Table the ordinance until a later date and request additional information; 5. Establish a date for a public hearing if necessary. Staff Recommendation: Staff recommends that the ordinance be approved. The new language will provide an option for developers to pursue when weather or vendor issues arise and it provides some flexibility for the city in managing the building code. Recommended Motion: "I move to approve Ordinance #2013-08 as written." Attachment(s): Ordinance #2013-08 p:\planning department\2013\correspondence\p1-13-089 pc co hond.docx 52 of 71 Q'R D I N A N C E # 2 0 1 3 - 0 8 A N O R D I N A N C E A M E N D I N G T H E C I T Y O F M O A B M U N I C I P A L C O D E , S E C T I O N 1 7 . 7 2 . 0 7 0 , C E R T I F I C A T E O F Z O N I N G C O M P L I A N C E R E Q U I R E D , S U B S E C T I O N S A A N D B , A M E N D I N G T H E I S S U A N C E O F A C E R T I F I C A T E O F O C C U P A N C Y A N D C E R T I F I C A T E S O F Z O N I N G C O M P L I A N C E W I T H A N A P P R O V E D B O N D W H E R E A S , t h e C i t y C o u n c i l ( " C o u n c i l " ) a d o p t e d t h e M o a b M u n i c i p a l C o d e ( " C o d e " ) a n d e s p e c i a l l y T i t l e 1 7 . 0 0 a l s o k n o w n a s T h e Z o n i n g O r d i n a n c e o f M o a b C i t y , U t a h " i n a n e f f o r t t o e n c o u r a g e a n d f a c i l i t a t e o r d e r l y g r o w t h a n d d e v e l o p m e n t i n t h e C i t y o f M o a b ( " C i t y " ) a s w e l l a s t o p r o m o t e a m o r e a t t r a c t i v e a n d w h o l e s o m e e n v i r o n m e n t ; a n d W H E R E A S , f r o m t i m e t o t i m e t h e C i t y h a s d e t e r m i n e d t h a t t h e r e i s a n e e d t o a m e n d t h e C o d e i n o r d e r t o m a k e t h e t e x t m o r e c o n t e m p o r a r y , a l i g n t h e l a n g u a g e w i t h U t a h S t a t e C o d e , a n d p r o v i d e f o r a u s e t h a t w a s n o t a n t i c i p a t e d a t t h e t i m e o f a d o p t i o n ; a n d W H E R E A S , t h e C i t y h a s f o u n d t h a t f r o m t i m e t o t i m e , i t i s d e s i r a b l e t o i s s u e C e r t i f i c a t e s o f O c c u p a n c y e v e n w h e n m i n o r i m p r o v e m e n t s o n a p r o j e c t a r e n o t y e t c o m p l e t e ; a n d W H E R E A S , t h e C i t y o f M o a b P l a n n i n g C o m m i s s i o n ( " C o m m i s s i o n " ) i n a d u l y a d v e r t i s e d p u b l i c h e a r i n g h e l d o n J u l y 8 , 2 0 1 3 , 2 0 1 3 , m e t t o h e a r t e s t i m o n y a n d d e t e r m i n e t h e m e r i t s o f t h e c h a n g e s t o C h a p t e r 1 7 . 7 2 . 0 7 0 o f t h e M o a b M u n i c i p a l C o d e ; a n d W H E R E A S t h e C o m m i s s i o n u n a n i m o u s l y v o t e d t o r e c o m m e n d t h a t C o u n c i l a d o p t t h e a m e n d e d l a n g u a g e a n d t h a t a d o p t i o n o f O r d i n a n c e # 2 0 1 3 - 0 8 i s i n t h e b e s t i n t e r e s t s o f t h e c i t i z e n s o f M o a b ; a n d , W H E R E A S , t h e C o m m i s s i o n f o u n d t h a t t h e p r o p o s e d c h a n g e s t o s a i d c o d e c h a p t e r w o u l d b e n e f i t t h e p u b l i c a t l a r g e a n d t h e C i t y t o u n s u r e t h a t a p p r o p r i a t e d e t a i l e d s i t e p l a n s a r e s u b m i t t e d w i t h a d e v e l o p m e n t a p p l i c a t i o n ; a n d W H E R E A S , C o u n c i l a g r e e s w i t h t h e P l a n n i n g C o m m i s s i o n a n d f o u n d t h a t t h e a m e n d m e n t s t o t h e c o d e a r e i n t h e b e s t i n t e r e s t s o f t h e C i t y a n d r e s i d e n t s . N O W , T H E R E F O R E , t h e M o a b C i t y C o u n c i l h e r e b y o r d a i n s t h a t O r d i n a n c e # 2 0 1 3 - 0 8 i s h e r e b y a d o p t e d t o a m e n d t h e M u n i c i p a l C o d e a s f o l l o w s : 1 7 . 7 2 . 0 7 0 C e r t i f i c a t e o f z o n i n g c o m p l i a n c e r e q u i r e d . A . I t i s u n l a w f u l t o u s e o r o c c u p y o r p e r m i t t h e u s e o r o c c u p a n c y o f a n y b u i l d i n g o r p r e m i s e s , o r t o c h a n g e t h e o c c u p a n c y o f a n y b u i l d i n g o r p r e m i s e s u n t i l a c e r t i f i c a t e o f z o n i n g c o m p l i a n c e i s i s s u e d b y t h e z o n i n g a d m i n i s t r a t o r , s t a t i n g t h a t t h e p r o p o s e d u s e o f t h e b u i l d i n g o r l a n d c o n f o r m s t o t h e r e q u i r e m e n t s o f t h i s t i t l e . N o n o n c o n f o r m i n g s t r u c t u r e o r u s e s h a l l b e c h a n g e d o r e x t e n d e d u n t i l a c e r t i f i c a t e o f z o n i n g c o m p l i a n c e h a s b e e n i s s u e d b y t h e z o n i n g a d m i n i s t r a t o r . T h e c e r t i f i c a t e o f z o n i n g c o m p l i a n c e s h a l l s t a t e s p e c i f i c a l l y w h e r e i n t h e n o n c o n f o r m i n g u s e d i f f e r s w i t h t h e p r o v i s i o n s o f t h i s t i t l e . B . T h e z o n i n g a d m i n i s t r a t o r m a y p e r m i t t h e o c c u p a n c y o f a b u i l d i n g p r i o r t o t h e c o m p l e t i o n o f a l l r e q u i r e d w o r k , p r o v i d e d a c a s h - o n l y b o n d i s p o s t e d w i t h t h e c i t y r e c o r d e r i n a n 5 3 o f 7 1 amount equal to the cost of completing such required work plus fifty percent and all administrative costs as determined by the governing body. 1. The construction costs for the completion of the remaining improvements shall be less than $10,000.00 and shall not include ADA accessibility requirements, potable water and sanitary sewer, or health and safety requirements found in the building code or other ordinances adopted by the city. 2. Types of improvements that may be bonded under this section include but are not limited to: building trim, landscaping, curb, gutter and sidewalk, or replacement of concrete that was damaged during construction. 3. The estimated cost of the remaining improvements and a schedule for completion shall be established in an Improvements Agreement that must be approved by City Council. 4. The agreement must contain at a minimum: i. A description of the work to be completed ii. Reasons for the incompletion of items iii. Estimates of the construction costs and the additional costs listed above iv. Contain a reference to the building permit number v. An expected date of completion vi. Actions to be taken or penalties for failure to complete the improvements on time 5. If necessary items remain unfinished at the end of the agreed time period, the city manager may grant an extension. The extension shall not exceed a reasonable period of time to allow the contractor/developer to complete those remaining items listed in the Improvements Agreement. 6. The city manager shall have the authority to release the bond if the improvements are satisfactorily completed. All public improvements shall be warranted by the developer/contractor for a period of one year from the date of final inspection by city staff. If the improvements are not completed to the satisfaction of the city or incomplete at the time of expiration of the agreement, the city manager shall cause the work to be completed and use the bond to satisfy the incurred costs. The zoning administrator shall maintain a record of all certificates of zoning compliance for a period of five years and a copy shall be furnished upon request to any applicant. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2013. City of Moab Mayor David L. Sakrison 54 of 71 Attest: Rachel Stenta City Recorder pAplanning departmen1120131ardinannas1ordinance 2013-08 band and co.docx 55 of 71 AGENDA SUMMARY MOAB CITY COUNCIL August 8, 2013 PL-13-098 Agenda Item #• 5-8 Title: Approval Of Ordinance #2013-09 an Ordinance Amending MMC Chapters 16.24.020, Design Standards Specified, 17.09.660, Site Plan —Required, 17.65.060, Supplementary Regulations for Mixed -Use MPD Developments within Commercial Zones, And 17.66.150, Final Plan and Approval, and Referencing Chapter 12.24, Tree Stewardship, as Referred to Council by the Planning Commission Impact: The ordinance will make developers and designers aware that the requirements of Chapter 12.24, Tree Stewardship, must be satisfied. Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: -None Background/Summary: Staff has found it necessary to amend code sections in Title 17 that relate to landscaping to reference Tree Stewardship found in Title 12. Without a reference to 12.24 being found in title 17, many designers overlook this vital code chapter when designing their landscaping plans believing that the only requirements are found in various chapters in Title 17. Ordinance #2013-09 will clarify that the Tree Stewardship requirements must also be followed. The Planning Commission held a public hearing on August 8, 2013 and voted to favorably recommend the ordinance to Council for approval. Options: The process for text amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either recommend approval, approval with modifications, or disapproval of the application', must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, "In its discretion... elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." (17.04.100 C) Options: Council can: 1. Approve Ordinance #2013-09 as written; 2. Approve the Ordinance #2013-09 with amendments; 3. Vote to not approve Ordinance #2013-09 and state their reasons; 4. Table the ordinance until a later date and request additional information. 1 56 of 71 Page 2 of 2 Staff Recommendation: Staff agrees with the Planning Commission and recommends that the ordinance be approved. The new references to Tree Stewardship will put developers and designers on notice that landscaping requirements found in Title 12 must be followed in addition to those described in Title 17. Recommended Motion: "I move to approve Ordinance #2013-09 as written." Attachment(s): Draft Ordinance #2013-09 p:\planning department \2013\correspondence \p1-13-098 cc ord 2013-09.docx 57 of 71 ORDINANCE #2013-09 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, ESPECIALLY CHAPTERS 16.24.020, DESIGN STANDARDS SPECIFIED, 17.09.660, SITE PLAN — REQUIRED, 17.65.060, SUPPLEMENTARY REGULATIONS FOR MIXED -USE MPD DEVELOPMENTS WITHIN COMMERCIAL TONES, AND 17.66.150, FINAL PLAN AND APPROVAL, AND REFERENCING CHAPTER 12.24, TREE STEWARDSHIP. WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, Chapter 12.24, Tree Stewardship, was adopted by Council to provide developers a clear understanding for planting trees within the city, but, at the time of adoption, the chapter was not referenced in Title 17.00, Zoning, or 16.00, Subdivisions; and WHEREAS, the City has found it necessary to amend specific chapters so that a clear reference to the requirements of Chapter 12.24, Tree Stewardship, can be made; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on , 2013, met to hear testimony and determine the merits of the changes to Chapter 16.24.020, 17.09.660, 17.65.060, and 17.66.150 of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2013-09 is in the best interests of the citizens of Moab; and, WHEREAS, the Commission found that the proposed changes to said code chapter would benefit the City and the public at large to insure that appropriate detailed site plans are submitted with a development application; and WHEREAS, Council held a public meeting on , 2013, to discuss the merits of the code amendments and agrees with the Planning Commission that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-09 is hereby adopted to amend the Municipal Code as follows: 16.24.020 Design standards specified. L. The subdivider shall install the following improvements in all streets within the subdivision in accordance with the standards and to the specifications of the city and the city engineer: 1. Street grading and surfacing, 2. Curbs and gutters, 3. Sidewalks and approaches, pApianning de partment12s113lordinaneeslordinance 2013.09 tree stewards hip.docx 58 of 71 4. Fire hydrants, 5. Street lighting, 6. Landscaping, if required, in accordance with Chapters 17.09 and 12.24. 17.09.660 Site plan --Required. H. Landscape Plan. Applicants shall submit four copies of a landscape plan. Details shall include size and species of plantings, an irrigation plan, xeriscape plan, a care and maintenance plan. All applicable code sections of the Moab Municipal Code must be used to develop the landscape plan including Chapter 12.24, Tree Stewardship. Proposed erosion control and details must also be noted on the landscape plan. 17.65.060 Supplementary regulations for mixed -use MPD developments within commercial zones. L. Landscaping and Trees Required. In addition to the landscaping requirements of Chapter 17.09 and 12.24, Tree Stewardship, of this code, the following landscaping treatments shall be required of all mixed -use MPD in established commercial zones: 17.66.150 Final plan and approval. E. Detailed landscaping plans in accordance with Title 17.00 and Chapter 12.24, Tree Stewardship, showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; EFFECTIVE IMMEDIATELY UPON ADOPTION. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2013. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:lplanning department120131Drdinanus\ordinance 2012-09 tree stewardship.dnex 59 of 71 AGENDA SUMMARY MOAB CITY COUNCIL August 3.3, 2o3.3 Agenda Item #: 5-g PL-13-099 Title: Approval of Ordinance #2013-10 Amending the City of Moab Code Title 16.00, Subdivisions, Especially Chapter 16.24.020, Design Standards Specified, as Referred to Council by the Planning Commission Fiscal Impact: N/A Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: -None Background/Summary: Ordinance #2013-10 expands the detail of the requirements of chapter 16.24.020 to place developers/owners on notice that sidewalks and trails are required and that a connection is to be made to existing trails. It also provides for an option of a reduced sidewalk system if a comprehensive trail system is proposed, approved and constructed. The new language will codify what has been the enforced Public Works policy for many years as to the widths of sidewalks. The planning commission reviewed an earlier version of this ordinance in 2010 and in 2011 favorably recommended that council approve the ordinance. The ordinance was removed from the council agenda before it was heard and some minor changes have since been made to the text. Please refer to the attached comparison of the existing language to the proposed amendment. On August 8, 2013, the Planning Commission held a public hearing to review the merits of this code amendment. The Commission subsequent to the public hearing, voted to refer the ordinance to Council with a recommendation to approve. Options: The process for text amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either recommend approval, approval with modifications, or disapproval of the application', must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, "In its discretion... elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." (17.04.100 C) 60 of 71 Page 2 of 2 The Council can: 1. Approve Ordinance #2013-10 as written; 2. Approve the Ordinance #2013-10 with amendments; 3. Vote to not approve Ordinance #2013-10 and state their reasons; 4. Table the ordinance until a later date and request additional information. Staff Recommendation: Staff agrees with the Planning Commission and recommends that the ordinance be approved. The new language will enable connectivity of trails through new development and clarifies the widths of sidewalks in specific zones. Recommended Motion: "I move to approve Ordinance #2013-10 as written." Attachment(s): Draft Ordinance #2013-10 p:\planning department \2013\correspondence\p1-13-099 cc ord 2013-10 trails.docx 61 of 71 ORDINANCE # 2013-10 AN ORDINANCE AMENDING THE CITY OF MOAB CODE TITLE 16.00, SUBDIVISIONS, AND ESPECIALLY CHAPTER 16.24.020, DESIGN STANDARDS SPECIFIED WHEREAS, the Moab City Council ("Council") adopted Title 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" ("Code") on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and WHEREAS, Title 16, Subdivisions, was adopted to establish the requirements and review procedures for subdivisions within the corporate limits of the City of Moab; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to correct language that is outdated or was adopted in error in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, Chapter16.24.020, establishes the design standards for subdivision development within the City of Moab; and WHEREAS, the Grand County Non -motorized Master Trails Plan was adopted by Council in an effort to provide alternative means of accessing all parts of the city and adjacent areas in Grand County; and WHEREAS, City Staff has identified issues with the adopted code that must be addressed by the amendment of Chapter 16.24.020, Design standards specified, with regards to all subdivisions; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2010-10 during a duly advertised public hearing held on August 8, 2013, to hear testimony and review the merits of the proposed Code amendment and subsequently recommended to Council adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on , 2013, to decide the merits of the proposed amendments; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the changes and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE, BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT, Chapter 16.24.020, Design standards specified, subsections B, C, and L as written are repealed and replaced with the following language to read: 62 of 71 DRAFT 16.24.020 Design standards specified. The design of the preliminary and final plats of the subdivision in relation to streets, blocks, lots, open spaces and other design factors shall be in harmony with design standards recommended by the planning commission, the highway department and other departments and agencies of city government. Design standards shall be approved by the city council and shall include provisions as follows: A. Blocks shall not exceed one thousand feet in length; B. Blocks shall be wide enough to adequately accommodate two tiers of lots; C. Dedicated easements for non -motorized trails throughout a development are required to provide access to existing trails and future trails indicated on the Grand County Non -motorized Master Trails Plan as adopted by Council. 1. Specific trail alignments shall be negotiated and as individual properties develop, proposed trail routes shown in the plan may be reconfigured to the proposed or greater level of connectivity to adjacent properties. 2. Such easements shall be a minimum of ten (1 D) feet in width, but may be required to be wider for slopes in areas requiring fill as determined necessary by the planning commission with the recommendation of the city engineer. 3. The subdivider shall provide, at a minimum, a compacted road base surface of four (4) inches in thickness and spanning the full width of the trail in accordance with the design standards for trails as established by the Community Development Director. 4. The finish surface material shall include but not be limited to asphalt concrete, pavers, or cobbles as recommended by the Community Development Director and approved by Council. 5. Design and construction shall be approved, in writing, by the Community Development Director, Public Works Director, and the City Engineer. 5. Appropriate barriers shall be installed at each walkway entrance to prevent the use of the walkway by any motor vehicle or by any non -motorized vehicle wider than three feet; D. Side lines of lots shall be approximately at right angles, or radial to the street lines. However, if energy design conditions dictate otherwise, the planning commission may permit exemptions; E. All remnants of lots below minimum size must be added to adjacent lots, rather than allowed to remain as unusable parcels; F. Minimum street widths shall be as follows: 1. Arterial streets shall be eighty feet wide; sixty-six feet curb to curb, 2. Secondary streets shall be sixty feet wide; forty feet curb to curb, 3. Minor streets shall be fifty feet wide; thirty feet curb to curb; G. Dead end streets shall not exceed four hundred feet in length and must have a cul-de-sac with a minimum radius of fifty feet and a diameter of eighty feet curb to curb; 63 of 71 DRAFT H. The subdivider shall install the following improvements in all streets within the subdivision in accordance with the Construction Design Standards as established by the Public Works Director and the City Engineer: 1. Street grading and surfacing, 2. Curbs and gutters, 3. Street lighting 4. Drive approaches, 5. Fire hydrants, 6. Sidewalks, All sidewalks shall be constructed with the widths indicated in the table below along both sides of public streets in accordance with the City Construction Standards for public works projects. Other standards exist for sidewalks and trails in specific types of developments as found elsewhere in this Code and in the Construction Standards. Zoning District Minimum Width* R-1, R-2, R-3, R-4 5 feet (wider if schools present) C-1, C-2, C-5 9 feet C-3 9 feet C-4 6 feet I 6 feet MHIRV-1 5 feet A-2 N/A RA-1 5 feet Resort Commercial (RC)** Refer to Code Chapter 17.31 Sensitive Area Resort Zone (SAR)** Refer to Code Chapter 17.32 Master Planned Developments** Refer to Code Chapter 17.65 Planned Unit Developments** Refer to Code Chapter 17.66 'The minimum width of any sidewalk shall be approved by the Public Works director. —Upon the recommendation by the Planning Commission and the discretionary approval by Council, sidewalks may be eliminated if a comprehensive trail plan providing access to and from all structures and adjacent properties is proposed. IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2013. SIGNED: David L. Sakrison, Mayor Page j 3 64 of 71 DRAFT ATTEST: Rachel Stenta, Recorder p:lplanning departmentla0131ordinanceslordinance 20€3-10 trails sidewalks.doox 65 of 71 AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 8, 2013 — Agenda Item #: 5-io Title: Approval of Council Resolution #13-2013 Accepting the Street, Waterline, and Sanitary Sewer Systems and Warranty of Improvements for the Preserve Subdivision Phase II and Approval of the Street, Sanitary Sewer and Water Systems Dedication and Warranty of Improvements Agreement Fiscal Impact: Acceptance of the improvements will add customary maintenance costs for city infrastructure. Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Dennis and Patricia Byrd J Summary: Resolution #13-2013, accepts the public improvements associated with Phase II of The Preserve Subdivision. All required improvements have been determined by staff to be constructed in compliance with the approved plans and applicable city standards. City approval of the terms of the warranty for the required public improvementswould naturally follow acceptance of those improvements by Council and so a Street System and Waterline Dedication and Warranty of Improvements Agreement is also attached and requires the mayor's signature. You may recall that the owners executed a Trust Deed with the City as beneficiary, pledging property and lots as collateral to guarantee completion of the improvements. In summary, this document: 1. Specifies those built improvements that are dedicated to the city for the development, 2. Certifies that the improvements have been completed to the city's satisfaction, 3. Certifies that all charges for labor, materials, and/or services have been paid in full, 4. Certifies that no liens have been attached against the property or the improvements, S.Warrants the improvements for a period of one year from the date of approval of this document. 66 of 71 Options: Approve the acceptance and warranty of the street, water, and sanitary sewer systems. Staff Recommendation: Staff recommends approval of Resolution #13-2013 and the Street, Sanitary Sewer and Water Systems Dedication and Warranty of Improvements Agreement. Recommended Motion: "I move to approve Resolution #13-2013", and "I move to approve the Street, Sanitary Sewer and Water Systems Dedication and Warranty of Improvements Agreement as written." Attachment(s): o Resolution #13-2013 o Sanitary Sewer and Water Systems Dedication and Warranty of Improvements Agreement o Final Plat 67 of 71 SURVEYORS CERTIFICATE COLORADO AVENUE 9 LC' 22 VIII Wa FT ? gm' 7 ART a. rt .o �t*rrNAt)� MCAMANACE t volt, EASEMENT !T+wCK aF AL, man, LOT i LOT 29 Lew SO.. ET OA nrva•KNE) A4YM s9 FT +eO.SS PN 00 0 i 1 13.01 LOT 308 o NLHLWf) %MA SR, n I� — — ltaa- T rc�w.KNEI 3 WT 9IB A A2e4 ri n. `RM m F ARM 1d �MI Ii IMWaB A{ A FINAL PLAT OF THE PRESERVE, PHASE II LOT SA LOT 40A Y s Inss i S8 LOT 408 cro No E)) 0.eA 90, rt A RESIDENTIAL SUBDIVISION VATNIN THE SET/4 OF SECTION 35, T 25 5, R 2T E, SLM, MOAB CITY GRAND COUNTY UTAH n AVE OPAWA¢ t UTRM,Y fnlEKp* 4 LOT umiATN l 6 THENi[RRK 2l.aa' F: , AMm4iT / Mst' 8 x y m �e _. NN42- La? 42A (TMEW., 11.224 SO n �vMHol 28 (T ,!! SO FT. LOTm49 rSI 4. rxR.•Y J Ay l R xs32'E--iTl»'- -1 0.�44 LOT 9a. FT 8, two w4.5T b a • •135.3077'. .r3rA DATA A ff./VOA' nw4rvFe ,•_eP A 4TeW u9r •II v:; �n538 A hat 8 e>WxNau`.* 6 .42e So. rr ,sr w -xo2'-J _2l.adl xxarg '-exams �--a1m'—' SOWOR'N'TT SOS GRAPHIC SCALE M EEET I b MAr t ES LOT oNE EnNcAL, 4;';:ryoe 111111111 <7iFfMN ER='.'•ii`RE9'Y",fTR'� ©1Pl•T'�iFri•iRiBETi L,iTg�^T!RxiiillL:ll LEGEND ▪ COUNTY SURVEYORS MONUMENT AS DESCRIBED • 5/8' REBAR WITH PLASTIC CAP TO BE SET • FOUND 5/2" REBAR NTH PLASTIC CAP aTN.AEcnY12T wlA w,» 1.1) r TIMOTHY M KEOGH DO HEREBY CERTIFY THAT AM A REGISTERED UTAH LAND SURVEYOR, AND THAT HOD CERTIFICATE N0. 71004 AS PRESCRIBED uNDER THE LAWS OF THE STATE Of uTAN AND , NRMER CERTIFT THAT UNDER AOMORI, OF THE OMENS KAYE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON MIS PUT AND DESCRIBED BELOW, AND HAVE SIBDIMOED SAID TRACT OF LAMA INTO LOTS AND S,KLETS, HERE- AFTER TO BE KNOWN AS THE PRESERVE. PHASE It AND TWAT SH AMEE HAS S PLAT TH CORRECTLT SURVEYED AND STAKED ON E DU BOUNDARY DESCRIPTION DESCRIPTION OP A PARCEL OF LAND IN THE SE; O' SECTION 35, T 25 S. R 2, E, SIM, ROAR pTY GRAND COUNTY LITAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE NW CORNER OF LOT 46 OF THE PRESERVE PHASE I. SAID CORNER BEARS S 00'31Y,'W SIT 41 FT THENCE WEST 638.42 FT FROM THE EAST CORNER OF SECTION 35, T 25 5, R 2, E SLY, AND PROCEEDING MENGE S 009018"W 184. 30 FT THENCE S 8953',2"W 2349 FT TO THE NW COMER OF TRACT B O THE PRESERVE, PHASE THENCE 5 003, T,TR 519, FT TO A CORNER THENCE S 89143VW 29206 FT TO A CCNER. THENCE N 0090,6'E 604.66 FT _ THENCE EAST ,63.99 FT., THENCE SOUTH 9.00 FT TO THE SW CORNER OF LOT 59 OF PALISADES SUBON91O , THENCE EAST 133.46 FT TO A CORNER, THENCE 5 00'32110'W 135.40 FT TO THE NW CORNER O LOT 49 Of THE PRESERVE. PHASE L THENCE S 00'3,00.w +88.,9 FT TO THE Sw CORNER OF LOT 46A OF ME PRESERVE. PRASE i. THENCE N 8575.32'E 2,88 FT TO ME POINT OF BEGINNING ANO CONTAINING 4IS ACRES MORE OR LESSBEARINGS AR . OF ME OF 35 (BEARING FROM eM1EY CONTROL Asto ON THELINE 001,,+,'W); SECTOR MARCH 2, 2012 DATE OWNERS DEDICATION KNOW Au MEN BY MESE PRESENTS THATI•a, THE UNDERSIGNED °MMEND) OF THE ABOVE DESCRIBED TRACT OF LAND HANNG CAUSED SAME TO SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE THE PRESERVE, PHASE II DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN CN THIS PLAT AS NTENDEO FOR PUBLIC USE N MMESS WHEREOF �y�A AYE HEREUNTO SET AEHIS DAY OF,./1. yy A.D 2 }A__ 1E04, E I. F l.i� PATRICIA B BTRD DENNISIE B ACKNOWLEDGMENT STATE CF V AN COUNTY OF S.S ON THE 16. DAY DF LTY1,.viL- AO 20.12.PERSONAuY APPEARED BEFORE ME ME UNDERSIGNED NOTARY PuBUt N AND FOR ME COUNTY O S.. a...UIN SAID STATE OF UTAH, THE SIGNER(S) OF ME ABOVE OWNERS AROTE NUMBER. ENO DULY ACKNOW- LEDGED i0 ME MASONO) ,T FREELT AND WWNTARILT AND FOR THE USES AND PU S THEREIN MENTONEO Nv COMMISSION EXPRES 5I11 j J.017, ii9,Fa�e a+•..� ARY PLR3UTR SIDING IN ai a COUNTY PREPARED BT KEOGH LAND SURVEYING 45 EAST CENTER STREET A/OAR,, UTAH 84532 DATE MARCH T 20,2 DRAWN BY TMK PRESERVE FNASETOW6 CHECKED BT TM, PUBLIC WORKS APPROVAL APPROVED THIS b DAY Of ps RFA=L, AL 20 2 BY PLANNING COMMISSION CERTIFICATE APPROVED MS AL, DAY OF 3nmMary A.D 2O_ BY ^•;RT W£ Db.a. PLANNING COMWNFH 'SS7 ffH A CHAIRMAN PLANNING COMMISSION CITY ENGINEERS APPROVAL HEREBY CERTIFY THAT 1 HARE HAD THIS PLAT AND SAID TRACT AS STAKED EXAMINED BY TINS OFFICE AND tT IS CORRECT AND !N ACCORDANCE MN INFORMATION ON FILE IN MIS OFFICE DATE CITY COUNCIL.,APPROVAL THIS at DAY OE LaAn A D 20i? SUBDINSIoN WAS ACCEPTED AND APPROVED i ADMIT r. L. A+r `1i,„4`^ COUNTY RECORDER NO STATE OF UTAH. CO OF,,,NAR,E RECORDED AT ME REDDEST OF 05•4.5 E c N:U Tr GATE 3: kaTIME $403. eABOOK 3y. PAGE LOD FEE S^. COUNTLCORDER APPROVAL AS TO FORM APPROVED AS TO FORM MIS :: DAT OF Pt., A.D �x ATTORNEY% STREET SYSTEM AND WATER LINE DEDICATION AND WARRANTY OF IMPROVEMENTS for the Preserve Subdivision Phase Two ("Development") This Street System and Water Line Dedication, and Warranty of Improvements is made and entered into this day of August , 2013, by and between Dennis E. Byrd, Jr. and Patricia B. Byrd (hereinafter "Grantor") and the City of Moab, a Utah municipal corporation (hereinafter "Grantee"). RECITALS WHEREAS, Grantor and Grantee entered into a Subdivision Improvements Agreement ("Agreement") on February 28, 2012 for the construction of certain improvements for the Development; and WHEREAS, Grantor has constructed a Street System including (i) a portion of the street named Palisade Drive, together with curb, gutter, sidewalk and storm water structures, (ii) a portion of the street named Byrd Avenue, together with curb, gutter, sidewalk and storm water structures, and a portion of the street named Colorado Avenue, together with curb, gutter, sidewalk and storm water structures, for access through and across the Development, in dedicated rights -of -way, as indicated on the attached final plat of The Preserve, Phase Two; and WHEREAS, Grantor has constructed a Potable Water System including Water Line Extensions to Fire Hydrants within rights -of -way as indicated on the attached final plat of The Preserve, Phase Two; and WHEREAS, said Agreement provided that the Street System and Potable Water System shall be completed in conformance with plans agreed upon by Grantor and Grantee (the "Plans") and the City of Moab's standard specifications (including, without limitation, the Moab City Design Standards and Public Improvement Specifications, 1999); and WHEREAS, said Agreement provides that Grantor shall dedicate above said Streets System and Potable Water System to the City of Moab and that the dedication will be in a form of a signed written document that must include a one year warranty statement, from the date of approval, against defects in workmanship of the described street and facilities; and In recognition of the foregoing, the parties agree as follows: AGREEMENT Street Dedication and Warranty 1. Grantor does hereby convey and dedicate to Grantee all of Grantor's right, title and interest in and to the Street System, inclusive of Byrd Avenue, Palisade Drive, and Colorado Avenue together with the elements of curb, gutter and sidewalks and Grantee accepts such conveyance without any warranty or representation, except to the extent explicitly set forth herein. 2. Grantor hereby certifies that the improvements referred to herein have been satisfactorily completed; that all charges or bills for labor or services performed or materials furnished, and other charges against the subcontractors, have been paid in full; that no liens have attached against the property and improvements of Grantor; and that no intention to claim liens is outstanding. 69 of 71 3. Grantor hereby warrants the Street System for a period of one year against any defects in workmanship. Said warranty is a personal obligation of the Grantor named above and shall not be binding upon or enforced against any successor or assign or Grantor or any future owner or owners. 4. Grantee acknowledges and agrees that Grantee has conducted all inspections and tests that Grantee deems necessary or desirable and that the Street System has been completed in accordance with the Agreement. 5. Grantee hereby accepts the Street System and agrees that, except for Grantor's warranty set forth above, from and after the date hereof Grantee shall have sole responsibility to own, repair and maintain the Street System in good and working condition. 6. Grantee acknowledges and agrees that Grantor, Grantor's successors and assigns, future owners of Grantor's property are permitted to utilize the Street System. Water Lines Dedication and Warranty 1. Grantor does hereby convey and dedicate to Grantee all of Grantor's right, title and interest in and to the 8" Water Line Extensions and Fire Hydrants and Grantee accepts such conveyance without any warranty or representation, except to the extent explicitly set forth herein. 2. Grantor hereby certifies that the improvements referred to herein have been satisfactorily completed; that all charges or bills for labor or services performed or materials furnished, and other charges against the subcontractors, have been paid in full; that no liens have attached against the property and improvements of Grantor; and that no intention to claim liens is outstanding. 3. Grantor hereby warrants the Water Lines and Fire Hydrants for a period of one year against any defects in workmanship. Said warranty is a personal obligation of the Grantor named above and shall not be binding upon or enforced against any successor or assign or Grantor or any future owner or owners. 4. Grantee acknowledges and agrees that Grantee has conducted all inspections and tests that Grantee deems necessary or desirable and that the Water Lines and Fire Hydrants have been completed in accordance with the Agreement. 5. Grantee hereby accepts the 8" Water Line and extensions and agrees that, except for Grantor's warranty set forth above, from and after the date hereof, Grantee shall have sole responsibility to own, repair and maintain the Water Line and Fire Hydrants in good and working condition. 6. Grantee acknowledges and agrees that Grantor, Grantor's successors and assigns, future owners of Grantor's property adjoining the rights -of -way and adjoining properties are permitted to make connections to the Water Line Extension provided that (i) the water line has sufficient flow capacity to accept the new connection, (ii) the necessary easements and/or public rights -of -ways exist to accommodate the connection without trespass on private property and (iii) connection of any new service must be accompanied by payment to the City of Moab of an impact fee or connection fee in amounts set by applicable ordinances or resolutions in effect at the time of the connection. 70 of 71 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting through the Moab City Council, which has duly authorized execution, and by Signed and delivered this day of , 2013. GRANTOR, Dennis E. Byrd, Jr. and Patricia B. Byrd: Dennis E. Byrd, Jr. STATE OF UTAH County of Grand ) Patricia B. Byrd On the day of , 2013, Dennis E. Byrd, Jr. and Patricia B. Byrd as Owner/Developer of The Preserve Subdivision, Phase Two, personally appeared before me and duly executed and acknowledged the above easement grant. Witness my hand and official seal. Notary Public, State of Utah Address: My commission expires: GRANTEE: City of Moab, a Utah municipal corporation. CITY OF MOAB ATTEST: By: Mayor David L. Sakrison Rachel E. Stenta, City Recorder 71 of 71