HomeMy Public PortalAboutclub utah pre-annexS4 o- v. --t
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Date 10--MAY-2000 14:38pm b
Fee: No Fee Cash t/' q
MERLENE MOSHER, Recorder
Filed By MM
For MOAB CITY
GRAND COUNTY CORPORATION
PRE -ANNEXATION AGREEMENT
Moab Springs Ranch
City of Moab, Grand County, Utah
THIS AGREEMENT is made and entered into this 22"d day of February, 2000, between the
CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, and
CLUB UTAH RESORT GROUP L.L.C., a Utah limited liability company ("Club Utah");
RECITALS:
A. Club Utah owns two adjoining parcels of real property situated in Grand County,
Utah, and referred to herein as the "Resort Parcel" consisting of 17 acres, more or less, and the
"Restaurant/Lodge Parcel' consisting of one acre, more or Iess. The Resort Parcel and the
Restaurant/Lodge Parcel are more particularly described on Exhibit A hereto and are depicted on the
Preliminary Plat of the Moab Springs Ranch PUD (the "Preliminary Plat") attached as Exhibit B
hereto. The Resort Parcel and the Restaurant/Lodge Parcel are collectively referred to herein as the
"Property."
B. Club Utah proposes to develop the Property as an integrated vacation resort (the
"Project") to be known as the "Moab Springs Ranch" and to consist, if fully developed, of a
restaurant/clubhouse and a 20 unit lodge/hotel situated on the Restaurant/Lodge Parcel, and 42
residential units, support commercial, and substantial open space and amenities situated on the
Resort Parcel. The currently planned configuration of the Project is shown in the Illustrative Site
Plan of the Moab Springs Ranch attached as Exhibit C hereto.
C. Club Utah is the owner of approximately 190 acre-feet of water rights (the "Water
Rights") and a completed but shut-in water well (the "Well"), both of which are more particularly
described on Exhibit D hereto.
D. The Property is situated on the northerly side of Highway 191 within, an
unincorporated area of Grand County, Utah. Club Utah has been processing its zoning and
development approvals for the Project through Grand County and has obtained Sketch Plan approval
in August 1999, and approval of the PUD and Preliminary Plat from the County Planning and
Zoning Commission on November 3, 1999, and from the County Council on December 20, 1999.
E. The area opposite the Property on the southerly side of Highway 191 is within the city
limits of the City of Moab. The Project is compatible with the development plans of the City of
Moab and is substantially consistent with the zoning classifications, characterizations, densities, and
uses authorized by current City planning and zoning ordinances. Club Utah is willing to cooperate
with the phased annexation of the Property in the Moab City limits, provided that the City honors the
approvals and entitlements obtained to date from Grand County and allows development of the
property in a manner substantially consistent therewith, and agrees to provide water and sewer
0
services to the Property. The City of Moab is willing to proceed on that basis.
F. The City of Moab Planning and Zoning Commission and the Moab City Council,
being fully advised as to the situation and having considered the matters addressed herein at duly
noticed public meetings held on January 13, January 25, and February 22, 2000, respectively, have
concluded that it is in the best interests of the City of Moab to enter into this Agreement and have
made all necessary findings of fact and conclusions of law in support thereof.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants herein, and for
other good and valuable consideration, Club Utah and the City of Moab agree as follows:
ARTICLE 1
Findings and Conclusions
1.1 The Project is generally compatible with the development plans of the City of Moab
and is substantially consistent with the zoning classifications, characterizations, densities, and uses
authorized by current City planning and zoning ordinances.
1.2. The Property adjoins the municipal boundaries of the City and is an area well -suited
for annexation.
1.3 The Project is situated on the entrance corridor into the City and will provide a
visually pleasing addition to that corridor.
1.4 The Project is expected to provide substantial economic benefits to the City.
ARTICLE 2
Restrictive Covenant
2.1 Concurrent with the execution of this Agreement Club Utah shall execute and record
a restrictive covenant in the form described in Exhibit E, which covenant shall irrevocably bind the
Property and provide as follows:
2.1.1 The City of Moab commits to provide culinary water service to the Property at
Club Utah's request and in accordance with standard municipal rates and charges. Club Utah shall
pay charges for service outside of City limits for service to the Property, or any portion thereof, until
such time as the Property, or any portion thereof, is lawfully annexed into the City limits. Upon
payment of all applicable municipal connection charges and impact fees, Club Utah shall be
permitted to connect all improvements to the City culinary water system. Sewer service shall be
provided to annexed property when feasible, as further defined in Article Four.
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2.1.2 Club Utah, its successors, grantees, and assigns irrevocably consents to the
annexation of the Property and releases any right of protest or opposition to any future annexation of
the Property, or any portion thereof, pursuant to the terms of this Agreement.
2.1.3 Moab City consents to and approves the development of the Property as
provided in this Agreement.
2.2 Club Utah agrees to promptly record the Restrictive Covenant in the Official Records
of Grand County, Utah.
ARTICLE 3
Preliminary Development Approval
3.1 Club Utah has obtained certain approvals for the Project from and will seek certain
additional approvals for the Project from Grand County and the City of Moab as described below.
3.1.1 On August 4, 1999, the Grand County Planning and Zoning Commission
approved the Sketch Plan covering the Resort Parcel and the Restaurant/Lodge Parcel. On November
3, 1999, the Grand County Planning and Zoning Commission approved, and on December 20, 1999,
the Grand County Council approved a PUD rezone and the Preliminary Plat for the Resort Parcel,
subject to certain special conditions. A copy of the Resolution approving the PUD, PUD rezone and
Preliminary Plat is attached as Exhibit F hereto. Copies of the Resolution approving the PUD and
Preliminary Plat show 36 residential units situated on Lots 1-4, together with private roadways and
non-exclusive easements (Tract A), common areas and open space (Tracts B-G), and resort support
commercial areas (Lots 7-11). Lots 5 and 6 on the Preliminary Plat are designated as "Future
Development Parcels," each to contain up to three residential units. The Illustrative Site Plan,
Preliminary Plat, and Resolutions identified in this Section 3.1.1 are collectively referred to herein as
the "County Approvals."
3.2 Club Utah is preparing to file the final Subdivision Plat for Moab Springs Ranch PUD,
Phase 1 (the "Phase 1 Plat") and will process this plat through Grand County. Club Utah expects to
commence construction of Phase 1 road and infrastructure improvements in March 2000 pursuant to
permits and approvals to be obtained from Grand County. Club Utah will obtain permits and
approvals for Phase 1 improvements from Grand County and will construct such improvements to
Grand County requirements and specifications. Club Utah will file further subdivision plats for
subsequent phases of the Project from time to time.
3.2.1 Club Utah and the City of Moab shall initiate proceedings for annexation of
Phase 1 of the Resort Parcel as soon as practicable following the approval by Grand County and the
recording of the final plat/plan for that parcel. Prior to annexation, Club Utah shall obtain all
necessary building and construction permits from Grand County. The City recognizes the validity of
all Grand County permits and approvals for Phase 1 and shall be bound by those requirements,
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notwithstanding the existence of any conflict or variance with comparable City ordinances or
regulations. If the City of Moab does not have a zoning classification that is generally equivalent to
the Grand County zoning classification now applicable to the Resort Parcel, or if certain aspects of the
Resort Parcel development do not conform to City ordinances in effect at the time of annexation, the
City agrees that it shall accept all Phase 1 development as a preexisting subdivision or non-
conforming use.
3.3 Club Utah and the City of Moab shall initiate proceedings for annexation of the
Restaurant/Lodge Parcel at any time after the earlier of (a) the first anniversary of the date of this
Agreement, or (b) such time as Club Utah has (i) recorded both the Final PUD Plan for the Resort
Parcel and the Phase 1 Plat in the Official Records of Grand County, and (ii) has completed
construction of road and infrastructure improvements for the Restaurant/Lodge Parcel and Phase 1.
3.3.1 When the Restaurant/Lodge Parcel is annexed into the City of Moab, the
parties intend and agree that the parcel shall have a zoning classification that is generally equivalent to
the Grand County zoning classification now applicable to that parcel and which permits the continued
operation of the existing restaurant on that parcel and the construction, operation, and use of the
restaurant/clubhouse and 20 unit hotel/lodge substantially as provided in the County Approvals. With
respect to uses and structures already existing as of the date of this agreement, Club Utah shall have a
reasonable period following the date of annexation, not to exceed two years, in which to comply with
any City of Moab ordinances which may be more stringent than comparable Grand County
regulations.
3.3.2 When the Restaurant/Lodge Parcel is annexed into the City, Club Utah will
process building permits and other permits and approvals required for the construction, use and
occupancy of the improvements on the Restaurant/Lodge Parcel through the City of Moab and will
construct all such improvements in compliance with the City ordinances and requirements.
3.4 Annexation proceedings for any phase other than Phase I or the Restaurant/Lodge
Parcel shall commence simultaneously with connection by Club Utah of such Phase to the City
culinary water system. Annexation shall be accompanied by the enactment of a City zoning
designation that is substantially equivalent to the Grand County zoning designation applicable to that
parcel as of the effective date of this agreement. Development of phases subsequent to Phase 1 and
the Restaurant/Lodge Parcel shall be in accordance with Grand County approvals and ordinances, to
the extent all such development is substantially consistent with the County Approvals appended to
this Agreement. Should Club Utah elect to substantially alter or change the layout, use, density or
similar legal or physical attributes of subsequent phases of the development, all such development
shall first be subject to annexation, review, and approval by the City under City ordinances and
regulations.
3.4.1 If certain aspects of the project, as specified in the County Approvals and
attachments to this agreement, do not conform to City ordinances as of the time of annexation the
City agrees to accept such development, upon annexation, as a valid non -conforming use.
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3.4.2 Club Utah agrees that lots 5 and 6, which are identified on the Preliminary
PIat as Future Development Parcels, shall each contain a maximum of three residential units.
3.5 Nothing in this Agreement is intended or shall be construed to preclude Club Utah
from protesting and otherwise opposing any annexation proceedings that are not in accordance with
this Agreement. The ultimate decision to annex shall rest in the discretion of the City Council.
ARTICLE 4
Water and Sanitary Sewer Service to Property
4.1 The City of Moab commits to provide culinary water and fire -flow to the Property
upon payment of applicable connection and impact fees, and upon the same terms as those applicable
to other City customers served outside of the City limits. Non -city water rates shall apply to each
portion of the Property served until annexation of such portion is complete.
4.2 The parties acknowledge that the City of Moab sanitary sewer system does not
currently extend far enough to serve the Property. At such time that sanitary sewer service shall be
established within two hundred feet of the Property boundary Club Utah shall connect into the City
sewer system, as currently provided by City Ordinance, and be subject to the applicable connection
and impact fees applicable to other City customers. Club Utah shall be solely responsible for all costs
associated with project improvements necessary to connect to the sewer system.
ARTICLE 5
Water Rights and Well
5.1 Moab City may be interested in acquiring the Water Rights and We11, or portions
thereof, in the future. In consideration of the commitment of the City of Moab to provide culinary
water to the Property under this agreement, Club Utah, its successors, and assigns agree that for a
period of five (5) years from the effective date of this agreement, that upon receipt of any bona fide
offer for the purchase. transfer, or conveyance, in whole or in part, of the Watercress Spring, the
accompanying well, or any water rights associated therewith, Club Utah shall promptly deliver a
written copy of the offer to the City. The City shall have a period of not less than 60 days from
receipt in which to elect to purchase the subject property or water rights upon the same terms and
conditions, and subject to the same consideration as is set forth in the offer. Failure to exercise the
right -of -first -refusal within the specified period shall result in waiver on the part of the City. In the
event the City shall elect to exercise its right -of -first -refusal the parties shall promptly enter into an
agreement for the sale or conveyance of the property or water rights in conformity with the original
offer.
5.2 Nothing is this Article 5 is intended or shall be construed to preclude Club Utah its
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successors or assigns from using the Water Rights and/or Well for purposes of providing water for
irrigation or for ponds or other water features on the Property, from leasing the Water Rights and/or
the We11 to third parties for irrigation, fire protection, ponds, or other non -drinking water purposes, or
from developing the Water Rights and the WelI in order to provide culinary water service for the
Project, or from supplying water for bottling.
5.3 Contemporaneously with the annexation of Phase 1 of the Moab Springs Ranch PUD
into the City of Moab, Club Utah and the City shall execute a mutually acceptable easement
agreement pursuant to which: a) the City relinquishes all right, title, and interest in the property
acquired under the easement dated July 10, 1956, recorded July 26, 1956, Entry No. 279324 in Book
6S, Page 1 of the Grand County land records; b) the City relinquishes all right, title, and interest in the
property acquired under that certain easement dated November 5,1980, recorded December 15, 1980,
Entry No. 388707, Book 315, Page 482 of the Grand County land records; c) the City relinquishes all
right, title, and interest in the property acquired under that certain easement dated October 14, 1980,
recorded December 15, 1980, Entry No. 388708, Book 315, Page 484 of the Grand County land
records; d) Club Utah shall grant to the City of Moab an easement 20 feet in width for ingress/egress
to and from and for underground pipelines to and from the existing Skakel Spring spring box situated
on the Property; and e) Club Utah shall grant to the City of Moab an easement 20 feet in width for
ingress/egress to and from and for underground pipelines and an easement for overflow drainage to
and from the existing City water tank adjacent to the Property. The easements identified in items d)
and e) shall conform to the location of platted roads on the property, to the extent feasible.
ARTICLE 6
General Provisions
6.1 This Agreement shall be binding on and inure to the benefit of the successors and
assigns of Club Utah in the ownership or development of any portion of the Project. In the event of a
transfer of all or a portion of the Project, Club Utah shall obtain an assumption by the transferee of the
Club Utah's obligations under this Agreement, and Club Utah shall be released from any further
obligations under this Agreement as to the parcel so transferred.
6.2 FaiIure of a party hereto to exercise any right hereunder shall not be deemed a waiver
of any such right and shall not affect the right of such party to exercise at some future time said right
or any other right it may have hereunder.
6.3 This Agreement. including the exhibits hereto which are incorporated herein by
reference, constitutes the entire agreement between the parties with respect to the issues addressed
herein and supersedes all prior agreements, whether oral or written, covering the same subject matter.
This Agreement may not be modified or amended except in writing mutually agreed to and accepted
by both parties.
6.4 Should any party hereto employ an attorney for the purpose of enforcing this
Agreement. and whether or not an action has actually commenced, the prevailing party shall be
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entitled to receive from the other party thereto reimbursement for all attorney's fees and all costs and
expenses.
6.5 AlI notices hereunder shall be given in writing by certified mail, postage prepaid, at the
following addresses:
To Moab City:
City of Moab
115 West 200 South
Moab, Utah 84532
Attn.: City Manager
To Club Utah:
Club Utah Resort Group L.L.C.
1670 East 1300 South, Suite 202
Salt Lake City, Utah 84105
Attn.: McKay Edwards
Or to such other addresses or to the attention of such other person as either party or their successors
may designate by written notice.
6.6 This Agreement is entered into under and pursuant to, and is to be construed and
enforceable in accordance with, the laws of the State of Utah.
6.7 This Agreement does not create any third party beneficiary rights. It is specifically
understood by the parties that: (a) the Project is a private development; (b) Moab City has no interest
in, responsibilities for, or duty to third parties concerning any improvements to the Property unless
Moab City accepts the improvements pursuant to this Agreement or in connection with site plan,
deed, or plat approval; and (c) Club Utah shall have the full power and exclusive control of the
Property subject to the obligations of Club Utah set forth in this Agreement.
6.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single
Mediator agreed upon by the parties, or if no Mediator can be agreed upon, a Mediator shall be
selected in accordance with the mediation rules of the American Arbitration Association. Authorized
representatives of the parties shall meet with the Mediator within ten (10) days and endeavor in good
faith to resolve the default, dispute, difference, or disagreement by agreement of the parties.
6.9 if any provision of this Agreement, or the application of such provisions to any person
or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be
affected thereby.
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6.10 In the event of any protest or similar legal or administrative challenge to any
annexation under this Agreement Club Utah shall cooperate with the City in providing necessary
information or testimony to support the annexation.
6.11 Upon annexation Club Utah shall be entitled to all rights and benefits, and be subject
to all legal obligations to the same extent as all other City of Moab residents, except as is provided
otherwise by the express terms of this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by
and through the Moab City Council, which has duly authorized execution, and by a duly authorized
representative of Club Utah, as of the date(s) specified below.
CITY OF MOAB
ayor Karla Hancock Date
"�•x,I17.
1che1Iliwson =
CLU s UTA`II RESORT GROUP L.L.C.
cKay Ed ager
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2-5; 2a9C7
D ate
E 451217 B Pi 4aa.
STATE OF UTAH
COUNTY OF SALT LAKE )
On the 25th day of April, 2000, AD, personally appeared before me H.
McKay Edwards, who by me being duly sworn, did acknowledge that he
executed the foregoing document in his capacity as Manager of Club Utah
Resort Group, LLC, a Utah limited liability company.
My Commission expires:
7-7-2000
Notary Public
REBECCA U. LEVANGER
920 East Silver Sage Drive I
Park City, Utah 94098
My Commission Expires I
Jury 7, 2000
State of Utah J
C"--1--t-V--)
Notary Public, Residing in:
Summit County, Utah
E 451 217 B 0547 P 429
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SCHEDULE OF EXHIBITS
Exhibit A - Legal Descriptions of the Resort Parcel and the Restaurant/Lodge Parcel
Exhibit B - Preliminary Plat of the Moab Springs Ranch PUD
Exhibit C - Illustrative Site Plan of the Moab Springs Ranch
Exhibit D - Water Rights and Well
Exhibit E- Restrictive Covenant for Connection to Water and Sewer Service
Exhibit F -
County Resolution Approving the PUD Rezone and the Preliminary Plat for the Moab
Springs Ranch PUD, and the Final PUD Plan
vThr t 11\-0,--()
R:/2000/Resolutions/Pre-annex club utah.doc
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KEOGH LAND SURVEYING
REGISTERED LAND SURVEYORS
45 E. Center • P.O. Box 396
MOAB, UT 84532
(435) 259-8171
Telephone and Fax
EXHIBIT A
DESCRIPTION OF A PARCEL OF LAND IN THE NE1/4 SECTION 35, T 25 5, R 21 E,
SLIM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER SECTION 35, T 25 S, R 21 E, SLM, AND
PROCEEDING THENCE WITH THE EAST LINE OF SAID SECTION 35 S 0' 33'W 936.9
FT. TO A CORNER, THENCE WITH THE NORTH LINE OF SWASEY N 62' O6'W 488.2
TO A CORNER, THENCE N 62' 12'W 109.8 FT. TO A CORNER, THENCE N 27' 51'E
80.0 FT. TO A CORNER, THENCE N 62' 12'W 109.7 FT. TO A CORNER, THENCE
S 27. 51'W 80.0 FT. TO A CORNER, THENCE S 88' 39'W 148.7 FT. TO A COR—
NER, THENCE S 24' 07'W 50.0 FT. TO A CORNER ON THE EAST R—O—W OF U.S. HWY.
191, THENCE WITH SAID R—O—W ALONG THE ARC OF A 3869.8 FT. RADIUS CURVE TO
THE LEFT 735.8 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 43' 01'W 734.7
FT.) TO A CORNER, THENCE WITH SAID R—O—W N 48'28'W 180.4 FT. TO
A CORNER ON THE NORTH LINE NE1 /4 SAID SECTION 35, THENCE WITH SAID
LINE S 89' 56'E 1440.1 FT. TO THE POINT OF BEGINNING AND CONTAINING 17,81
ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE
ATTACHED PLAT.
BEARINGS ARE BASED ON THE EAST LINE NE1/4 SECTION 35 (BEARING
FROM VALLEY CONTROL=S 0' 33'W).
E-451217' B U� +7 F' -437'
ALASKA ARIZONA COLORADO UTAH
" "
E X H I B I T E
W H E N R E C O R D E D M A I L T O :
C i t y o f M o a b
1 1 5 W e s t 2 0 0 S o u t h
M o a b , U t a h 8 4 5 3 2
R E S T R I C T I V E C O V E N A N T F O R A N N E X A T I O N A N D
M U N I C I P A L W A T E R A N D S E W E R S E R V I C E C O N N E C T I O N S
W H E R E A S , C l u b U t a h R e s o r t G r o u p , L L C , ( " D e c l a r a n t " ) a U t a h l i m i t e d I i a b i l i t y
c o m p a n y i s t h e o w n e r o f c e r t a i n l a n d s , m o r e p a r t i c u l a r l y d e s c r i b e d i n E x h i b i t " A " , w h i c h
p r o p e r t y i s l o c a t e d i n t h e u n i n c o r p o r a t e d a r e a o f G r a n d C o u n t y , U t a h .
W H E R E A S , C l u b U t a h a n d t h e C i t y o f M o a b ( t h e " C i t y " ) h a v e e n t e r e d i n t o a P r e -
A n n e x a t i o n A g r e e m e n t p r o v i d i n g f o r t h e p h a s e d a n n e x a t i o n o f t h e P r o p e r t y a n d t h e
c o n t e m p o r a n e o u s d e l i v e r y o f m u n i c i p a l c u l i n a r y w a t e r s e r v i c e a n d s e w e r s e r v i c e , w h e n a v a i l a b l e .
N O W T H E R E F O R E , t h e D e c l a r a n t , C l u b U t a h L L C a n d t h e C i t y s t i p u l a t e a n d a g r e e a s
f o l l o w s :
1 . A l l o f t h e p r o p e r t y d e s c r i b e d i n E x h i b i t " A " i s s u b j e c t t o a P r e - A n n e x a t i o n
A g r e e m e n t w i t h t h e C i t y o f M o a b .
D e c l a r a n t , i t s s u c c e s s o r s , a n d a s s i g n s , i r r e v o c a b l y c o n s e n t s t o a n n e x a t i o n a n d
w a i v e s p r o t e s t o f a n n e x a t i o n f o r t h e l a n d s d e s c r i b e d h e r e i n c o n s i s t e n t w i t h t h e
t e r m s o f t h e P r e - A n n e x a t i o n A g r e e m e n t . D e c l a r a n t s h a l l e x e c u t e s u p p l e m e n t a r y
d o c u m e n t s , i n c l u d i n g a n a n n e x a t i o n p e t i t i o n a s p r o v i d e d i n t h e P r e - A n n e x a t i o n
A g r e e m e n t .
3 . S u b j e c t t o t h e t e r m s o f t h e P r e - A n n e x a t i o n A g r e e m e n t , t h e C i t y s h a l l p r o v i d e
m u n i c i p a l s e r v i c e s t o t h e P r o p e r t y .
4 . A n n e x a t i o n s h a l l b e c o m m i t t e d t o t h e d i s c r e t i o n o f t h e C i t y a n d m a y o n l y o c c u r i n
c o n f o r m i t y w i t h t h e p r o v i s i o n s o f s t a t e l a w .
5 . T h i s c o v e n a n t s h a l l n o t b e c o n s t r u e d t o o b l i g a t e t h e C i t y a p p r o p r i a t e f u n d s o r
o t h e r w i s e e n g a g e i n c a p i t a l f a c i l i t i e s c o n t r a c t i o n . T h e d e c i s i o n t o e x t e n d , r e p l a c e ,
e n l a r g e , o r o t h e r w i s e c o n s t r u c t c a p i t a l f a c i l i t i e s s h a l l b e c o m m i t t e d t o t h e s o l e
d i s c r e t i o n o f t h e C i t y .
6 . I n t h e e v e n t t h a t D e c l a r a n t s h o u l d f a i l o r r e f u s e t o e x e c u t e n e c e s s a r y d o c u m e n t s ,
o r o t h e r w i s e c o o p e r a t e i n a n n e x a t i o n a s p r o v i d e d h e r e i n , t h e C i t y m a y s p e c i f i c a l l y
e n f o r c e t h i s c o v e n a n t i n a c o u r t o f c o m p e t e n t j u r i s d i c t i o n . I n a n y l e g a l p r o c e e d i n g
t o e n f o r c e t h i s c o v e n a n t t h e C i t y s h a l l b e e n t i t l e d t o r e c o v e r i t s r e a s o n a b l e
a t t o r n e y f e e s a n d c o u r t c o s t s .
E 4 5 1 2 1 7 B 0 5 4 7 P 4 3 - 5
RESTRICTIVE COVENANT FOR ANNEXATION AND
MUNICIPAL WATER AND SEWER SERVICE CONNECTIONS
Page 2
7. The covenant shall attach to, and run with the lands described, and shall bind any
grantees or successors in interest. This covenant shall terminate automatically
upon the completion of annexation for all of the lands described herein.
Approved and accepted on the date set forth below.
Declarant:
Club Utah Resort Group, LLC
l\ft#IfiayIdwards, -a ager�
STATE OF UTAH
)s.s.
COUNTY OF 6RAND )
Subscribed to and acknowledged before me by Club Utah Resort Group, LLC, McKay
Edwards, Manager, this Ca day of.�402.._ , 2000. Witness my hand and official seal.
My commission expires: 1 5-C3
City of Moab
By.. e C-A-/
iV1ayc Karla Hancock
tt ()
-:�-
`Iieel'Elliso;=City Recorder
F1WP497951ANNEX.COV
tat-of}tah.,
.2. `02g -eel
Date
E-+51217 E+ 0�47 P 43 .
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Resolution 4-2000
A RESOLUTION APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE
CITY OF MOAB AND CLUB UTAH RESORT GROUP L.L.C., AND A RESTRICTIVE
CONVENANT FOR THE MOAB SPRINGS RANCH PROPERTY
WHEREAS, Club Utah Resort Group L.L.C. ("Club Utah") own property that is contiguous to
Moab City limits, which they intend to develop as the Moab Springs Ranch; and
WHEREAS, Club Utah desires to receive culinary water and sanitary sewer services for the
Moab Springs Ranch property; and
WHEREAS, said property is located within the service boundaries of the Grand Water and
Sewer Service Agency ("Agency"); and
WHEREAS, the Agency is not readily and practicably able to provide culinary water and
sanitary sewer services to the Moab Springs Ranch property; and
WHEREAS, the City of Moab currently owns, operates and maintains a culinary water and
sanitary sewer system; and
WHEREAS, Club Utah desires to receive culinary water and sanitary sewer services from the
City of Moab; and
WHEREAS, Club Utah and the City of Moab desire that the Moab Springs Ranch property be
eventually annexed into Moab City limits; and
WHEREAS, Club Utah has received preliminary development approvals from Grand County for
the Moab Springs Ranch development project; and
WHEREAS, the City of Moab is agreeable to accepting the Moab Springs project approvals
obtained from Grand County as part of a pre -annexation agreement; and
WHEREAS, the Agency has not yet provided formal acquiescence to the City to provide
culinary water and sanitary sewer services to the Moab Springs Ranch property; and
WHEREAS, the Pre -annexation Agreement and Restrictive Covenant, along with their exhibits,
have been presented to this meeting of the Moab City Council.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to approve
the Pre -annexation Agreement and Restrictive Covenant in substantially the form presented to
the meeting of the Moab City Council, and direct the appropriate parties to execute and deliver
said documents upon receipt from the Grand Water and Sewer Service Agency of documentation
of formal acquiescence to the City of Moab for provision of culinary water and sanitary sewer
services.
Club Utah Pre -annexation Resolution Peee I oft
i
'This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 22nd day of February, 2000.
CITY OF MOAB
By: c-, % 4 f41 ,
Karla R. Hancock
Mayor
Attest:
GL�
Rachel Ellison
City Recorder
Club Utah Pre -annexation Resolution Page 2 of 2