HomeMy Public PortalAboutORD-CC-1999-02ORDINANCE 99-02
AN ORDINANCE OF THE GOVERNING BODY OF MOAB
ANNEXING PROPERTY TO MOAB CITY
WHEREAS, THE Moab governing body has received a petition for annexation of
certain property as described in Exhibit "1" hereto; and
WHEREAS, the property has been proposed for urban development as defined by
Utah State Law; and
WHEREAS, the governing body has held the appropriate public hearings and
given the appropriate public notice and received public input.
NOW, THEREFORE, be it ordained by the governing body of Moab City that:
1. The property described in Exhibit "1" is hereby annexed into Moab City on the
following terms and conditions:
a. The development agreement attached to this Ordinance is signed and approved
by both the developer and the City Council.
b. If the development agreement is not signed by the developer, the annexation
plat shall not be recorded with the County Recorder and the annexation of the property
shall be abandoned.
2. This ordinance shall take effect immediately upon passage.
PASSED AND APPROVED THIS 12th DAY OF January, 1999.
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City kecorder
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Karla R. Hancock
Mayor
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Date 25-FEB-1999 15:04pm
Fee: No Fee Cash
MERLENE MOSHER, Recorder
Filed By MM
For MOAB CITY
GRAND COUNTY CORPORATION
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P la I T I ON FOR ANI ICA T I ON
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We, the undersigned, being a majority of the owners of real
property in territory lying contiguous to the corporate limits of
Moab City, a municipal corporation in Grand County, State of Utah,
and being also the owners of more than one-third (1/3) in value of
the property in said territory as shown by the last assessment
rolls in Grand County, hereby respectfully petition the Honorable
Mayor and City Council of Moab City that such territory be annexed
to and become a part of said Moab City and that the corporate City
limits of Moab City be extended so as to include the territory
herein below listed.
The territory referred to herein is comprised of the following
described real property in Grand County, State of Utah, to wit:
Those properties described and set forth upon the attached pages
through , which pages are incorporate by reference and
expressly made a part of this petition.
Address Date
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E 447253 b 0530 R 152
LEGAL DESCRIPTION THIS ANNEUTION
DESCRIPTION OF A PARCEL OF LAND WITHIN THE SE 1/4 SECTION 35, T 25 S, R 21 E, SLM,
GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH BEARS NORTH 1073.5 FT. THENCE WEST 1313.4 FT.
FROM THE SE CORNER SECTION 35, T 25 S, R 21 Ei SUA, AND PROCEEDING THENCE WEST
110.3 FT., THENCE NORTH 241.7 FT., THENCE S 96" 50'E 111.7 FT. TO THE CORPORATE
LIMITS OF MOAB CITY, THENCE WITH THE CORPORATE UNITS OF MOAB CITY S d 19'W
239.4 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.61 ACRES, MORE OR LESS.
E 447'253 B 0530 F 153
CERTIFICATION
I, Rachel Ellison, the duly appointed and acting City Recorder, in and for
the City of Moab, Grand County, State of Utah, do hereby certify that attached
Petition by Doug C. McElhaney meets the annexation requirements outlined in
Title 10-2-403(2), (3) and (4) of the Utah Code Annotated, specifically:
1) That said petition contains the signatures of all of the property
owners of record of the private real property located within the
area proposed for annexation;
2) That said petition was accompanied by an accurate plat or map
prepared by a licensed surveyor;
3) That no previous petition for annexation has been filed which has
not been denied, rejected, or granted for the proposed annexation
area; and
4) That, following review with Grand County, the proposed annexation
does not include any area proposed to be incorporated in a request
for a feasibility study.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the
City of Moab, this 17th day of July, 1998.
Rachel Ellison
City Recorder
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DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND DOUG
MCELHANEY FOR THE DEVELOPMENT OF PROPERTY WITHIN CITY LIMITS
This Development Agreement is entered into by and between the City of Moab ("City") and
Doug McElhaney ("Developer") for the development of property shown in Exhibit "1".
1. Developer shall abide by all restrictions of the R-3 Residential zone, except those restrictions
governing allowable dwelling units.
2. Developer agrees that dwellings located on the property in question shall be limited to single
family dwellings only. This restriction is attached to the deed and shall run with the land in
perpetuity.
3. City agrees that the covenants and promises of Developer as contained in this agreement shall
be binding upon Developer only if City annexes property identified in Exhibit "1".
State of Utah
County of Grand
DATED this 12th day of January, 1999.
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Subscribed and sworn to be ore me on
by Doug McElhaney.
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Dev, oper's Authorize
Representative
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z*Ngtary Public
Karla R. Hancock
Mayor
E -447253 B 0530 P 151