HomeMy Public PortalAboutORD-CC-2011-03ORDINANCE # 2011-03
Date: 20-MHY-20112 1�: 3� 22PM
Fee: None
Filed R • IL
JOHN ALAN CORTFS Recorder
GRAND COUNTY CORPORATION
For: MOAR CITY
AN ORDINANCE VACATING IN PART THE PLANNED UNIT
DEVELOPMENT PLAT FOR THE PORTAL VISTA (AKA PORTAL PARK)
SUBDIVISION P.U.D. AND REZONING PORTIONS OF THE SUBJECT
PROPERTY TO THE R-4 ZONING DESIGNATION
WHEREAS, the City of Moab approved the Portal Vista (aka Portal Park) Subdivision
Planned Unit Development and an Official Plat was recorded on April 3, 2001 at Book
560, Page 169 ("Plat") of the Grand County land records, and an Amended Plat was
recorded on September 22, 2004 at Book 632, Page 47 ("Amended Plat");
WHEREAS, the City of Moab and Portal Park LC ("Developer") entered into an
Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page
228, et seq. of the Grand County land records, and providing for the construction of
certain improvements pursuant to the approval of the Portal Vista Subdivision;
WHEREAS, the Developer has failed or refused to construct or complete all of the
improvements specified in the IA and development approvals, constituting a default
under the IA and the conditions of approval, and has failed to cure same after delivery of
written notice;
WHEREAS, Resolution #07-2010, approved by the City Council on February 23, 2010,
declared the developer to be in default of said Subdivision Improvements Agreement; and
WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to
vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy
upon breach by the Developer;
WHEREAS, in accordance with UCA 10-9a-609, the City may approve the vacation,
alteration, or amendment by signing a plat showing the vacation, alteration, or
amendment if no public street, right-of-way, or easement has been vacated or altered; and
WHEREAS, in accordance with UCA 10-9a-609.5, a public hearing in accordance with
Section 10-9a-208 is required to be held only if a plat amendment contains a vacation of
some or all of a public street, right-of-way, or easement; and,
WHEREAS, the City has determined that the developer, Portal Park LC, is in default of
the expired Improvements Agreement for the subdivision and by its actions and its
representatives, has no further intention of developing the property in accordance with
the recorded final plat; and
WHEREAS, Council has determined that it is not in the best interests of the city to have
substandard or incomplete development remain when a guaranteed improvements bond
or current Subdivision Improvements Agreement is not in effect; and,
WHEREAS, the City has provided notice to all interested parties, received the
recommendations of City Staff and testimony of those in attendance at a public hearing
held on January 8, 2011, and is fully advised; and
WHEREAS, the City finds that the public interest will be served by the vacation of the
plat as specified herein, and that no party will be unfairly prejudiced.
THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS:
1. The City hereby vacates in part, the final plat for Portal Vista Planned Unit
Development, Amended". The undeveloped portion of said plat shall be vacated
as denoted on the amended plat (Exhibit A). Additionally, the following plat notes
shall appear on the amended plat:
a) This plat vacation is the result of a declaration of default of the Subdivision
Improvements Agreement for the Portal Vista Planned Unit Development (PUD)
by the Moab City Council through adoption on February 23, 2010 of Council
Resolution #07-2010.
b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association
as Open Space.
c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G,
satisfies the open space requirement for the currently developed lots in the
P.U.D.; Lots 1 and 2, Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1-
10, Block 4.
d) Any future development must meet open space requirements independently from
satisfying the Open Space requirements for the PUD as currently developed and
shown on the vacated plat.
e) Parcels E, F, H shall be developed as additional improvements of the undeveloped
property occur. Any costs associated with the required landscaping or
enhancement of the open spaces, street development, or other improvements, shall
be the responsibility of the developer.
f} Parcels M and K, L, and J (former Lots 12, 13, and 25, respectively) are not part
of an approved development. Any proposed construction on these vacated parcels
shall be submitted to the City of Moab Planning and Zoning Department as an
application for development and shall be reviewed in accordance with the
development requirements of the Moab Municipal Code.
g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is
established via this parcel for access to Parcels E, F, H, and M.
h) Nothing in the Plat Vacation should be construed as purporting to vacate or
amend the Covenants, Conditions, and Restrictions of the Portal Vista
Homeowner's Association.
2. The vacation (the "Vacated Tract") is described as follows:
A DESCRIPTION OF PORTIONS OF PORTAL VISTA SUBDIVISION, WITHIN THE NW I/4 NEI14 SECTION 2,
T26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Ent 497932 Bk 0772 Pg 0036
BEGINNING AT THE NE CORNER OF PARCEL J (FORMER LOT 25) OF PORTAL VISTA SUBDIVISION,
SAID CORNER BEARS S 89°54.00"W 1320.80 FT. ALONG THE NORTH LINE OF SECTION 2 THENCE S
00° 15'32"W 818.63 FT. FROM THE NE CORNER OF SECTION 2, T 26 S, R 21 E, SLM, AND PROCEEDING
THENCE S 00°15'32"W 492.82 FT. TO A CORNER, THENCE N 89°54'23"W 330.00 FT. TO A CORNER,
THENCE N 00°15'32"E 506.26 FT. TO A CORNER, THENCE S 89°43'58"E 75.33 FT., THENCE S 00°22'02"E
49.47 FT., THENCE S 89°43'22"E 20.00 FT., THENCE N 00°22'02"E 49.44 FT., THENCE S 89°43'58"E 83.95 FT.,
THENCE ALONG THE ARC OF A 47.06 FT. RADIUS CURVE TO THE RIGHT 9.31 FT. (SAID CURVE HAS A
CHORD WHICH BEARS S 03°24'02"E 9.29 FT.), THENCE S O1°48'57"W 23.18 FT., THENCE S 89°43' 58"E
31.01 FT., THENCE N 01°48'57"E 10.76 FT., THENCE ALONG THE ARC OF A 9.50 FT. RADIUS CURVE TO
THE RIGHT 14.67 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 46°02'29"E 13.25 FT.), THENCE S
89°43'58"E 109.94 FT. TO THE POINT OF BEGINNING AND
CONTAINING 3.76 ACRES, MORE OR LESS.
2. To clarify the extent of the plat vacation the attached amended plat referenced as
exhibit "A" is hereby approved by the Moab City Council and accepted for
recording.
3. The Improvements Agreement dated August 27, 2002, recorded at Book 586,
Page 228, et seq. of the Grand County land records, is declared to be in breach by
the adoption of Council Resolution #07-2010. The Developer, its successors, and
assigns shall have no further right or entitlement to develop in accordance with
the IA or any accompanying approvals, which shall be deemed void.
4. A11 prior land use approvals, plat designations, and other development
entitlements with respect to the Vacated Tract are terminated and deemed void.
The remaining lots and open space parcels, as described in the Plat and Amended
Plat, and the Amended Declaration of Covenants, Conditions and Restrictions,
dated July 19, 2001 and recorded at Book 565, Page 285-99, shall be unaffected
by this ordinance.
5. As authorized by § 6.3 of the IA, the zoning designation of the Vacated Tract
shall revert to the zoning which existed prior to the approval of the Portal Park
Planned Unit Development. The City hereby adopts the "R-4" zoning
designation, as provided in Chapter 17.45 of the Moab City Code, as the zoning
designation applicable to the Vacated Tract.
This ordinance shall take effect immediately and be recorded in the Grand County land
records. It shall continue in effect until repealed, and shall be binding upon the
Developer, its successors, and assigns.
Passed and adopted by the City Council upon the affirmative vote of a majority of
the Council on March 8, 2011.
Mayor David Sakrison
Ent 497932 Bk 0772 Pg 0037
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