HomeMy Public PortalAboutfa-chi linFern n 'No Fee Bash SS'
MERLEMF MASHER, Recorder
Filed By MM
For MOAB CITY
GRAND COUNTY CORPORATION
PRE -ANNEXATION AGREEMENT
For valuable consideration, the sufficiency of which is hereby acknowledged, this
agreement is entered into this, 22" `r day of February, 2005, between the City of Moab, a
Utah municipal corporation ("the City"), acting through its City Council, and Fa -Chi Lin,
et al is as follows:
RECITALS
A. The City desires to annex into City limits properties located in what is known as the
North Corridor, more specifically defined as all of the private property and some
publicly -owned property located north of the current City boundaries, north to the
Colorado River. The North Corridor is more specifically shown in Exhibit A. The
purpose of the proposed annexation of properties in the North Corridor is: (1) to
provide the necessary infrastructure and municipal services for the future economic
development of the area; (2) to protect ground water and surface water quality in
the area from septic system contamination; and, (3) to improve and beautify the
north entrance to the City.
B. The City has planned and will finance the construction of the sewer line to the
north boundary of the City during the winter of 2005-2006. The sewer line will
terminate at the Club Utah property, located on the east side of Highway 191 and
currently within the boundaries of the "City". An illustration of the proposed
location of this sewer line is attached as Exhibit B.
C. The City plans to extend and construct two (2) additional sewer lines that each
extend north off of the above described line, to properties not currently within City
boundaries but within the City's adopted Annexation boundary. The proposed
locations of these sewer linesare shown in the attached Exhibit B.
D. The City now and in the future proclaims no interest in obtaining any existing
water rights that adhere to any of the properties located in the North Corridor nor is
it the intent of this Agreement to challenge any water rights or the uses to which
water rights have been applied.
E. Fa -Chi Lin, et al owns real property situated in the North Corridor more
particularly described in Exhibit C, hereafter called the "Property". The parcel is
currently undeveloped. Fa -Chi Lin, et al wishes to develop the Property in the
future to include future commercial uses as permitted under regulations and
specifications of the City's RC Resort Commercial Zone as outlined in the Moab
City Code 17.31.010 through 17.31.050.
1.1
SECTION ONE
CITY WATER SERVICE
The City hereby agrees to provide culinary and fire flow water service to the
Property at Fa -Chi Lin, et al's request and in accordance with standard municipal
rates and charges. In order to receive water service from the city water system,
Fa -Chi Lin, et al shall complete an application for water service and shall pay all
applicable connection and impact fees. No water service shall be supplied by the
City prior to annexation. Upon annexation and payment of all applicable
connection and impact fees Fa -Chi Lin, et al shall be permitted to connect to the
City culinary water system. The parties agree that connection to the city water
system is not mandatory and that any alternate public water system be approved
by the State of Utah for the contemplated use.
1.2 The City agrees to make application to the Utah Department of Transportation for
a right-of-way for the water line extension to the Property, if necessary.
1.3 Fa -Chi Lin, et al hereby agrees to pay any and all costs associated with upgrading
and extending the City main water line and necessary service lines to the
Property, including construction, engineering, testing and sterilization, if
applicable. Fa -Chi Lin, et al in further agrees that the design and construction of
the water line shall be subject to the approval and inspection of the City Public
Works Director, and shall be conducted in accordance with the City's design
specifications and in conformance with a site plan approved by the City Planning
Commission and attached as Exhibit F. If a site plan is not attached to this Pre -
Annexation Agreement, such a site plan shall be submitted and approved by the
Planning Commission at the time the Property is developed and all conditions
outlined in this Section and Sections that follow shall apply. Upon completion
and acceptance of the construction, Fa -Chi Lin, et al further agrees to dedicate
and transfer title to the main water line to the City, together with any necessary
water line or access easements, subject only to the warranty as stated in this
Agreement.
1.4 Fa -Chi Lin, et al warrants that all improvements constructed pursuant to this
Agreement and dedicated to the City, shall be constructed in a workmanlike
manner, in accordance with city -approved plans and specifications, and that all
such improvements shall be free of defects in materials and workmanship for a
period of one (1) year from the date of acceptance of same. Fa -Chi Lin, et al or
their designee shall promptly repair or replace any defective work following
receipt of written notice under this warranty from the City.
E a 6 it :1 -7 El 0 S, .tea. i7-' 0 7:3
SECTION TWO
CITY SEWER SERVICE
2.1 The parties acknowledge that the existing property is not served by an existing
sewer or septic system. The parties hereby agree that if Fa -Chi Lin, et al begins
construction of a septic system on the Property prior to the start of construction
and location of future sewer lines as shown in Exhibit B, as defined by a written
notice to the property owner by the City, then the City agrees to accept said septic
system in lieu of connection to the future sewer line provided that the State of
Utah approves and continues to approve said septic system for use by the
Property, and provided that Fa -Chi Lin, et al has obtained Planning Commission
approval of a site plan for the Property.
2.2 If Fa -Chi Lin et al extends the sewer trunk service line to the Property prior to the
extension of those lines by the City, Fa -Chi Lin, et al shall be responsible for all
costs associated with the construction, engineering and testing of said sewer line.
Fa -Chi Lin, et al agrees that they will be responsible for all costs associated with
the construction, engineering and testing of said sewer service line.
2.4 Fa -Chi Lin, et al agrees that if they construct the sewer line then construction of
said line shall be subject to the approval and inspection of the City Public Works
Director, and shall be constructed in accordance with all design specifications and
standards of the City. Upon completion and acceptance of the construction, Fa -Chi
Lin, et al agrees to dedicate and transfer title to the trunk sewer line to the City
with all necessary sewer line or access easements, subject only to the warranty as
stated in this Agreement.
2.5 Fa -Chi Lin, et al warrants that any and all improvements constructed pursuant to
this Agreement and dedicated to the City shall be constructed in a workman like
manner, in accordance with City approved plans and specifications, and that all
such improvements shall be free of all defects in materials and workmanship for a
period of one (1) year from the date of acceptance of same. Fa -Chi Lin, et al or
their designee shall promptly repair or replace any defective work following
receipt of written notice under this warranty from the City.
2.6 The City agrees that when the City sanitary sewer system is extended to the
r:r
Property, Fa -Chip, et al will be able to discharge into that system, any waste
generated on the property prior to the extension of the City sewer line as well as
any future development defined and approved by the City Planning Commission.
2.7 The parties agree that should Fa -Chi Lin, et al connect to the City sewer system,
Lin,Fa-Chi, et al shall pay all applicable impact fees upon connection to the city
sewer system., provided that Fa-Ch�'et al may elect to pay said fee over 20 years
at an interest rate of 4.5% interest per year. Any payment arrangement must be
executed through the City Treasurer's Office.
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SECTION THREE
OTHER AGREEMENTS
3.1 The parties agree that should Fa -Chi Lin, et al pay to extend water and/or sewer
lines to the Property prior to the City's extension of said lines, and if the City
requires that Fa -Chi -Lin oversize said lines for future development, Fa -Chi Lin
shall be entitled to recover costs from other property owners connecting on to said
lines through a cost reimbursement agreement with the City.
3.2 Contemporaneous with the signing of this Agreement, the City shall pay to the
Spanish Valley Water and Sewer Improvement District the sum of $1,094.00 (one
thousand and ninety four dollars) , or Fa -Chi Lin, et al's portion of the
outstanding balance of the Spanish Valley Water and Sewer Improvement
District's North Corridor Bond payment, whichever is less.
SECTION FOUR
ANNEXATION
4.1 Fa -Chi Lin, et al and their successors, grantees, and assigns irrevocably consent to
and petition for 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.
4.2 The City agrees to initiate annexation proceedings at such time as the Property
meets all legal requirements for annexation. At such time, Fa -Chi Lin, et al agrees
to execute any supplemental documents necessary to give effect to this
Agreement and facilitate the lawfiil annexation of the Property. The parties agree
that the ultimate decision to annex shall rest in the discretion of the City Council.
At such time as an annexation ordinance is adopted, Fa -Chi Lin, et al shall be
entitled to all rights, and shall be subject to all other responsibilities, applicable
generally to other persons and properties within the City municipal limits, e.g.
sales taxation, police protection, code enforcement, and the like.
4.3 Contemporaneous with the execution of this Agreement Fa -Chi Lin, et al agrees
to execute a restrictive covenant in the form contained in Exhibit D, which
covenant shall bind the property and inform all successors and assigns that the
property is subject to annexation when legally feasible. The covenant shall be
recorded in the Grand County land records.
SECTION FIVE
GENERAL PROVISIONS
5.1 This Agreement shall be binding on and inure to the benefit of the successors and
assigns of Fa -Chi Lin, et al of their rights and duties under this Agreement all
necessary exhibits, plans or other documents called for by this Agreement shall be
submitted and accepted by the City of Moab.
5.2 This Agreement is the product of mutual bargaining. All terms shall be construed
in accordance with their plain meaning, regardless of the extent to which either
party participated in the drafting.
5.3 Failure of a party to exercise any right under this Agreement shall not be deemed
a waiver of any such right, nor shall any course of dealing or previous action or
inaction be deemed a waiver of any rights or claims arising with respect to later or
subsequent breaches, acts or omissions.
5.4 The term `Agreement' includes this Pre -Annexation Agreement and all exhibits
and attachments, which shall constitute the sole and complete agreement between
the parties. The Agreement shall supercede all prior agreements or
representations, however evidenced. No modifications to any of the terms of this
Agreement shall be binding, unless reduced to writing and lawfully executed by
both parties.
5.5 The place of performance of this Agreement is Grand County, Utah. In the event
of any legal dispute concerning the subjects of this Agreement, including all
attachments, the parties stipulate to venue in the Seventh judicial District Court,
Grand County, Utah. In any such proceeding the parties waive trial to a jury on all
claims and agree that the action shall be tried to the court.
5.6 In any legal proceeding concerning the terms of this Agreement the substantially
prevailing party shall be entitled to recover its reasonable attorney fees and court
costs in addition to any other relief authorized herein.
5.7 This Agreement shall be governed by Utah law.
5.8 This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that; (a) any Project is a private
development; (b) the City of Moab has no interest in, responsibilities for, or duty
to third parties concerning any covenants to the Property, unless the "City"
accepts the improvements pursuant to Agreement; and (c) Fa -Chi Lin, et al shall
have full power and exclusive control of the property, subject to the conditions of
this Agreement.
5.9 In the event of any dispute concerning this Agreement the parties agree to deliver
notice to the other party describing the act, omission, or breach, which notice shall
allow the parry in default a period of not more than thirty (30) days in which to
cure or abate the breach or violation. In addition, prior to filing suit concerning
any breach of this Agreement the parties agree to attempt resolution through
mediation or an informal settlement conference.
5.10 The provisions of this Agreement are severable, and if any portion should be held
to be void or unenforceable, then the remainder of this Agreement shall be
construed to be in full force without reference to the invalid provision.
5.11 In any legal action under this Agreement any party may seek declaratory and/or
injunctive relief, including specific performance, as well as recovery of
compensatory damages resulting. In no instance shall either party be liable for
consequential damages, lost profits, or delay related damages of any kind.
5.12 A11 notices under this Agreement must be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
115 West 200 South Moab, Utah 84532 Attn: City Manager
To Fa -Chi Lin, et al:
Fa -Chi Lin, et al
P.O. Box 188083
Sacramento, California
95818
5.13 This Pre -Annexation Agreement, including Exhibits C and D shall be recorded in
the Grand County land records. The remaining provisions of the Agreement shall
be held by the City of Moab Recorder.
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 I k ay( 1Oov c L • Su•111r;se,1 as of the date(s)
specified below.
Mayor David L. Sakrison
Date
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List of Exhibits
Exhibit A — Map of North Corridor
Exhibit B — North Area Trunk Sewer Line Alignment
Exhibit C — Legal Description of Property
Exhibit D — Restrictive Covenant
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EXHIBIT C
ATTACHMENT A
Fa -Chi Lin
Legal Description
02-126-0128
Beginning at a point which is N 18° 46' E 712 ft to Southwesterly R-O-W of Hwy 191
and S 75° 39' W 864.4 ft along N'ly boundary of Buckeye (Ferrellgas) Property and
S 60° 54'W 55.8 ft to an angle point on the Ely boundary of Nature Conservancy
and N 13° 04' W 59 ft N 31° 20' W 1208.1 ft along said Nature Conservancy parcel
boundary from the S1/4 Corner Section 26 T25S R21E SLB & M, thence N 31° 20'
W 321.7 ft along said Nature Conservancy Boundary, thence N 31° 43' W 68.2 ft
along said Nature Conservancy boundary, thence N 53° 35' E 462.8 ft more or less
to SW'ly R-O-W, thence along said R-O-W S 36° 25' E 380 ft, thence S 53° 35' W
495 ft more or less to POB. Parcel A contains 4.22 acres m/l. Also Beginning at a
point on the Easterly R_O_W of Highway 191 said point bears N 27° 56' W 2410.7 ft
from the S1/4 Corner Section 26 T25S R21E SLB&M; thence S 53° 35' W 462.8 ft to
West Line of Lin Property, thence with said line N 31° 42' W 30.1 ft to the South
Corner of the Camera Shop Property; thence with the boundary common to the Lin
and Camera Shop Properties N 53° 35' E 460.2 ft to said R-O-W; thence S 36° 25' E
30.0 ft to the Point of Beginning. Parcel B contains .32 acres m/1. Together, Parcel A
& Parcel B total 4.54 acres:
E: s E.S' 7' F.4 eN 4. -7-.1 P 0 9 E_p
WHEN RECORDED MAIL TO:
City of Moab
115 West 200 South
Moab, Utah 84532
EXHIBIT D
Olt
C�
RESTRICTIVE COVENANT FOR ANNEXATION AND
MUNICIPAL WATER AND SEWER SERVICE CONNECTIONS
WHEREAS, F-a-uat + Naw.L, el , ("Declarant"),is the owner of certain lands,
more particularly described in Attachment A, which property is located in the unincorporated
area of Grand County, Utah.
WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre -
Annexation Agreement providing for the phased annexation of the Property and the
contemporaneous delivery of municipal culinary water service and sewer service, when
available.
NOW THEREFORE, the Declarant, and the City stipulate and agree as follows:
1. All of the property described in Attachment A is subject to a Pre -Annexation
Agreement with the City of Moab.
2. Declarant, its successors, and assigns, irrevocably consents to annexation and
waives protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement. Declarant shall execute supplementary
documents, including an annexation petition as provided in the Pre -Annexation
Agreement.
3. Subject to the terns of the Pre -Annexation Agreement, the City shall provide
municipal services to the Property.
4. Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law.
5. This covenant shall not be construed to obligate the City to appropriate funds or
otherwise engage in capital facilities contraction. The decision to extend, replace,
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City.
6. In the event that Declarant should fail or refuse to execute necessary documents,
or otherwise cooperate in annexation as provided herein, the City may specifically
enforce this covenant in a court of competent jurisdiction. In any legal
proceeding to enforce this covenant the City shall be entitled to recover its
reasonable attorney fees and court costs.
ATTEST:
Rachel Ellison
City Recorder
FA -CHI LIN & NANETTE LIN
State of Utah
County of Grand
}
}
On the day of , personally appeared before me
, who duly acknowledged to me
that they executed the same.
Notary Public
My Commission Expires: Residing in: Grand County
By 7Z--e
3 /2 / zvp.S"
NANETTE LIN Date
State of IAA Ga...l i-Aorn
County of Grand PiGIcer
On the A n A_ day of 1 Y1 [ea't h ADDS , personally appeared before me
CLr+d ll3c,41t-tom t in , who duly acknowledged to me that they
executed the same.
Notary Public
.5 a cra,»enfD
My Commission Expires: g-1DYa0DS Residing in: Grand County
EXHIBIT C
ATTACHMENT A
Fa -Chi Lin
Legal Description
02-126-0128
Beginning at a point which is N 18° 46' E 712 ft to Southwesterly R-O-W of Hwy 191
and S 75° 39' W 864.4 ft along N'ly boundary of Buckeye (Ferrellgas) Property and
S 60° 54'W 55.8 ft to an angle point on the E'ly boundary of Nature Conservancy
and N 13° 04' W 59 ft N 31° 20' W 1208.1 ft along said Nature Conservancy parcel
boundary from the S1/4 Corner Section 26 T25S R21E SLB & M, thence N 31° 20'
W 321.7 ft along said Nature Conservancy Boundary, thence N 31° 43' W 68.2 ft
along said Nature Conservancy boundary, thence N 53° 35' E 462.8 ft more or less
to SW'ly R-O-W, thence along said R-O-W S 36° 25' E 380 ft, thence S 53° 35' W
495 ft more or less to POB. Parcel A contains 4.22 acres mil. Also Beginning at a
point on the Easterly R_O_W of Highway 191 said point bears N 27° 56' W 2410.7 ft
from the S114 Corner Section 26 T25S R21E SLB&M; thence S 53° 35' W 462.8 ft to
West Line of Lin Property, thence with said line N 31° 42' W 30.1 ft to the South
Corner of the Camera Shop Property; thence with the boundary common to the Lin
and Camera Shop Properties N 53° 35' E 460.2 ft to said R-O-W; thence S 36° 25' E
30.0 ft to the Point of Beginning. Parcel B contains .32 acres mil. Together, Parcel A
& Parcel B total 4.54 acres.`
WREN RECORDED MAIL TO:
City of Moab
115 West 200 South
Moab, Utah 84532
EXHIBIT D
E 6.6 1B 0J6 4
Date 31-MAR-2005 10n45aun
Fee: No Fee Cash
MERLENE MOSHER, Recorder
Filed By MN
For MOAB CITY
GRAND COUNTY CORPORATION
RESTRICTIVE COVENANT FOR ANNEXATION AND
MUNICIPAL WATER AND SEWER SERVICE CONNECTIONS
WHEREAS, TCL Cki # Mavi23-1-e , ("Declarant"),is the owner of certain lands,
more particularly described in Attachment A, which property is located in the unincorporated
area of Grand County, Utah.
WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre -
Annexation Agreement providing for the phased annexation of the Property and the
contemporaneous delivery of municipal culinary water service and sewer service, when
available.
NOW THEREFORE, the Declarant, and the City stipulate and agree as follows:
1. All of the property described in Attachment A is subject to a Pre -Annexation
Agreement with the City of Moab.
2. Declarant, its successors, and assigns, irrevocably consents to annexation and
waives protest of annexation for the lands described herein consistent with the
terms of the Pre -Annexation Agreement. Declarant shall execute supplementary
documents, including an annexation petition as provided in the Pre -Annexation
Agreement.
3. Subject to the terms of the Pre -Annexation Agreement, the City shall provide
municipal services to the Property.
4. Annexation shall be committed to the discretion of the City and may only occur in
conformity with the provisions of state law.
5. This covenant shall not be construed to obligate the City to appropriate funds or
otherwise engage in capital facilities contraction. The decision to extend, replace,
enlarge, or otherwise construct capital facilities shall be committed to the sole
discretion of the City.
6. In the event that Declarant should fail or refuse to execute necessary documents,
or otherwise cooperate in annexation as provided herein, the City may specifically
enforce this covenant in a court of competent jurisdiction. In any Iegal
proceeding to enforce this covenant the City shall be entitled to recover its
reasonable attorney fees and court costs.
(3'9
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.
Declarants:
Fa -Chi Lin
r
B y: ��
—_ Date: ox• r-
Fa-Ch Lin
STATE OF ea.ii-Fdrn ito
COUNTY OF P aze,r-
)
)§
)
Subscribed to and acknowledged before me by Fa -Chi Lin , this and, day of
/Yf axc.h , 2005. Witness my hand and official seal.
My commission expires: 6-rD-A0tS
Nanette Lin
By: /G-
Nanette Lin
STATE OF Lf i 1Worn i 2r
COUNTY OF ,P IA c e r
)
)§
)
Date: 3/2-/ Za0s-
Subscribed to and acknowledged before me by Nanette Lin , this ,: rnk day of
March , 2005. Witness my hand and official seal.
My commission expires: I D _a 003 .
E -47 1 B 0�s 4 P (.�.3":7
EXHIBIT C
ATTACHMENT A
Fa -Chi Lin
Legal Description
02-126-0128
Beginning at a point which is N 18° 46' E 712 ft to Southwesterly R-O-W of Hwy 191
and S 75° 39' W 864.4 ft along N'ly boundary of Buckeye (Ferrellgas) Property and
S 60° 54'W 55.8 ft to an angle point on the Ely boundary of Nature Conservancy
and N 13° 04' W 59 ft N 31° 20' W 1208.1 ft along said Nature Conservancy parcel
boundary from the S114 Corner Section 26 T25S R21E SLB & M, thence N 31° 20'
W 321.7 ft along said Nature Conservancy Boundary, thence N 31° 43' W 68.2 ft
along said Nature Conservancy boundary, thence N 53° 35' E 462.8 ft more or less
to SW'ly R-O-W, thence along said R-O-W S 36° 25' E 380 ft, thence S 53° 35' W
495 ft more or less to POB. Parcel A contains 4.22 acres mil. Also Beginning at a
point on the Easterly R_O_W of Highway 191 said point bears N 2r 56' W 2410.7 ft
from the S1/4 Corner Section 26 T25S R21E SLB&M; thence S 53° 35' W 462.8 ft to
West Line of Lin Property, thence with said line N 31° 42' W 30.1 ft to the South
Corner of the Camera Shop Property; thence with the boundary common to the Lin
and Camera Shop Properties N 53° 35' E 460.2 ft to said R-O-W; thence S 36° 25' E
30.0 ft to the Point of Beginning. Parcel B contains .32 acres mil. Together, Parcel A
& Parcel B total 4.54 acres.'
City of Moab:
B
Mayor David L. Sakrison
Att:est:, L "':: •
r€1'TM;;.,•
Rachel; 11}son,Aity Recorder
»•.