HomeMy Public PortalAboutclub utah amended pre-annex 2E =y ' _n -4 0 1_ k; 0 Ep to
24--NUV--2004 t 2t L' 4 3 pm
Fee. No Fee Cash
MERLENE MOSHER, Recorder
Filed By MM
For GRAND COUNTY
GRAND COUNTY CORPORATION
AMENDED PRE -ANNEXATION & VESTING AGREEMENT
Club Utah Resort Group L.L.C.
City of Moab, Grand County, Utah
THIS AGREEMENT is made and entered into this 12`h day of October, 2004, between the CITY OF
MOAB, a Utah municipal corporation ("the City") and CLUB UTAH RESORT GROUP L.L.C., a
Utah limited liability company ("Club Utah").
RECITALS
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A. Club Utah is the Owner and Developer of a resort called Moab Springs Ranch ("the Resort")
located partially within and partially outside the City Limits of Moab City in Grand County,
Utah. The Resort contains approximately 17.81 acres, of which approximately 2.11 acres are
currently within the City, leaving 15.7 acres of the Resort in unincorporated Grand County. The
Resort is partially complete, and consists of several parcels as described and shown on the
attached Exhibits; A: Legal Descriptions, B: Final Plat of Moab Springs Ranch PUD Phase I and
C: Master Development Plan for the Resort. The Resort has and will be developed in phases. The
Resort is a mixed use Planned Unit Development that, when complete, will include overnight
hotel facilities, multi -family housing units in which nightly rentals are allowed, restaurant, office,
spa and other resort support commercial facilities. Under Planned Unit Development (PUD)
provisions, flexible development standards allow for dense, mixed -use development in restricted
development areas to encourage preservation of larger tracts of common open space.
Undeveloped future phases of the Resort are currently entitled through Planned Unit
Development (PUD) and Preliminary Plat approvals in Grand County.
B. The Parties previously entered into a Pre -Annexation Agreement in February of 2000 ("the
Existing Agreement"). The Existing Agreement acknowledges on the City's part that the planned
Resort is substantially consistent with Moab City's community objectives and a desirable
addition to the City, and on Club Utah's part that the City's water and sewer utilities and other
municipal services are desirable to the Resort. The Existing Agreement provides that Club Utah
develop the Resort pursuant to Final Plats and Building Permits obtained from Grand County. As
the Resort is developed, and upon connection to Moab City utilities, Club Utah has agreed to
annex portions of the Resort into the City. Accordingly, an approximately 2.11 acre portion of
the Resort, consisting of the first six Multi -Family Units, a commercial development parcel, and
a private drive access parcel, was annexed in 2002. It is anticipated that, if the Existing
Agreement is not amended, Phase II of the Resort, consisting of four additional Multi -Family
Units, will be annexed by early 2005, and subsequent portions in subsequent years. The Existing
Agreement does not require annexation prior to development.
C. Moab City, by letter dated April 30, 2004, proposed to Club Utah to include the undeveloped
portions of the Resort in a proposed annexation of adjacent properties, collectively called the
North Corridor, during 2004. Such amended process and timing of annexation requires an
amendment to the Existing Agreement. As Club Utah will henceforward process development
through the City rather than Grand County, the Amendment also requires a vesting of Club
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Utah's development entitlements. Club Utah, under the terms of this Amended Pre -Annexation
and Vesting Agreement, agrees to cooperate with such Annexation.
D. This Amended Pre -Annexation and Vesting Agreement ("the Agreement" or "this Agreement")
replaces in its entirety the Existing Agreement. Through vesting provisions, this Agreement
replaces the development entitlements currently owned by Club Utah through its existing Grand
County entitlements and zoning with substantially equivalent vested development entitlements
from Moab City.
E. 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 G hereto.
F. The City of Moab Planning Commission and the Moab City Council, being fully advised of and
having considered the matters addressed herein at duly noticed public meetings held on
September 16 and October 12, 2004, respectively, have concluded that it is in the best interests
of the City of Moab to enter into this Agreement and have made all the necessary findings of fact
and conclusions of law in support thereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other
good and valuable consideration, Club Utah and the City of Moab agree as follows:
SECTION ONE
Findings and Conclusions
1.1 Moab Springs Ranch Resort is under active development. Substantial open space areas have been
dedicated, substantial portions of the required site grading and infrastructure are complete and
Multi -Family unit construction is underway. Build -out of the Resort may occur under the
existing entitlements and Pre -Annexation Agreement.
1.2 The Resort is compatible with the development plans of the City of Moab and is substantially
consistent with zoning classifications, characterizations, densities and uses authorized by current
City planning and zoning ordinances.
1.3 The remaining unincorporated portion of the Resort adjoins the municipal boundaries of the City
and is an area well suited for annexation.
1.4 The project is a portion of that area referred to as the North Corridor that the City has determined
is appropriate for Annexation into the City.
1.5 The Resort is expected to provide substantial economic benefits to the City.
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SECTION TWO
VESTING OF DEVELOPMENT RIGHTS
2.1 Nature of Vesting. The City and Club Utah agree that the execution of this Agreement and the
approval of the Master Development Plan attached as Exhibit C grants and vests in Club Utah all
rights necessary to develop Moab Springs Ranch. The rights granted to Club Utah under this
Agreement and the Master Development Plan are both contractual and as provided under the
common law concept of "Vested Rights".
2.2 Duration. The Vested Development Rights may not be removed or diminished by future
changes or amendments to the General Plan, Zoning Map, Zoning Overlays, Ordinances or other
administrative or legislative action of the City, unless it becomes necessary to modify a
development standard to protect the public health and safety, in which case such modification
will be only as necessary for that purpose. In the event the Development Rights or Development
Standards approved by this Agreement, or any particular aspect thereof, are or come to be at
variance with any regulation or ordinance of the City, current or future, the development rights
and standards herein shall be permitted as (a) non -conforming allowed use(s).
2.3 Development Density. The Development Density vested herein is as described in this section
and as shown on the Master Development Plan, Exhibit C.
A. Open Space. The Open Space established on the attached Exhibit A, shown as Tracts B, C & E,
totaling 10.29 acres, was dedicated and permanently restricted with recordation of the Final Plat.
Nothing in this Agreement affects the restrictions on Open Space previously established.
B. Multi -Family Development. The three Multi -Family Development Parcels, Parcels #1, #2 and
#3, labeled "Future Phases" on Exhibit A, the Final Plat for Moab Springs Ranch, are approved
for development of 32 additional Multi -Family Units as shown in Figure 1 below. These units
are in addition to the 6 existing units in Phase I and 4 approved units for Phase II, for a Resort
total of 42 Multi -Family Units. The nature of Multi -Family Units is described below.
Figure 1. Moab Springs Ranch Multi -Family Development Density
Parcel Acres Multi-Familv
Lot 1 .32 6 (Complete)
Lot 2 .23 4 (Under construction)
Parcel #1 1.93 26 (Future)
Parcel #2 2.09 3 (Future)
Parcel #3 .97 3 (Future)
Total 5.54 42
C. Commercial Development. Commercial Development is approved for the Commercial Parcel,
1.05 Acres, as described on Exhibit A and shown on Exhibits B & C. Resort Support
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Commercial Development is allowed on parcels #1, #2 and #3 and Tracts D & F on the attached
Exhibit A and as shown on Exhibit C. Commercial Development Rights are vested as follows:
Restaurant: Expansion of the existing Restaurant building may occur subject to
application and approval of Moab City.
Resort Support Commercial: 3,700 square feet of Resort Support Commercial is
allowed on Parcels #1, #2 and #3. The final configuration has not been established, and the
allowed space will be in multiple structures. Support Commercial may include spa facilities,
bicycle, boat and recreational equipment storage, swimming pool support, restrooms, showers,
lockers, meeting rooms, laundry, office, food service and food service equipment storage and
maintenance.
Hotel/Lodge: A Hotel or Lodge, labeled "Lodge" on the Master Development Plan, will
occupy a footprint of approximately 12,500 square feet on the Commercial Parcel, substantially
as shown on Exhibit C. No setback from the private drives is required, and the height limitation
will be 35 feet. If constructed to 3 floors above grade and a basement below grade, this Hotel
could contain approximately 40,000 square feet of floor space. The number of rooms will depend
upon final configuration, room size, parking requirements and use of interior space for meeting
rooms and other uses.
2.4 Development Standards. The following development standards are established for the Resort.
Figure 2. Moab Springs Ranch Development Standards
Exterior Side -Yard Setback: 10 feet
Interior Setback from Private Drives & Lot Lines: None
Side -Yard Setback between Shade Structures (Carports): 1 Foot
Maximum Building Height: 35 Feet
Private Drive Standards:
Lower Upper Cottonwood
Arrowhead Arrowhead, Lane & North
Lane South Icehouse Ln. Icehouse Lane
Right -of -Way Width 44' 40' 24'
Roadway Width 24' 20' 16'
Design Speed 10 MPH IOMPH 10MPH
Maximum Gradient: 10% 12% 12%
Max. Centerline Radius: 150' 90' 90'
Cul-de-sac Length NA 600' 600'
Cul-de-sac turnaroundNA Hammerhead Hammerhead
Cross-section: Private Drives have "V" cross -sections with center drainage, no curb and gutter.
2.5 Planned Unit Development and Multi -Family Units. The City vests in Club Utah a Planned
Unit Development entitlement that allows Multi -Family Units and establishes the Development
Standards in Figure 2, above. Multi -Family Units will be individually owned dwelling units
platted as either condominiums under provisions of the Utah Condominium Ownership Act or as
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PUD Townhomes. The Multi -Family Units are subject to an existing Homeowner Association as
to the Units and a Master Association as to the Resort, each with responsibilities to maintain the
exteriors of the units, the private drives, the private utilities and the common areas and amenities.
The Multi -Family Units may be used as primary or secondary residences and may be rented on a
nightly or longer -term basis. The City acknowledges that this flexibility of use is appropriate for
the particular location and the right to nightly rentals of the multi -family units is a substantial and
permanent property right. The Multi -Family Units may be detached or attached. The
configuration of the units depicted on the Master Development Plan, Exhibit B, is approximate.
Final Configuration, as will be shown on Final Plats, may vary from that shown, within the
limitations of the development standards, building code, height restrictions and setbacks.
SECTION THREE
DEVELOPMENT PROCESS
3.1 Multi -Family Development.
A. Final Plats: Within Parcels #1, #2 and #3, and up to the densities allowed in section 1.4 above
and as shown on the Master Development Plan, Club Utah will prepare Final Plats on a phase -
by -phase basis for build -out of the approved Multi -Family development. The Final Plats will be
in substantially the form shown as Exhibit D, the Phase II Final Plat, except that they will vary as
to the number of units platted and the configuration of the units. The Final Plats will be subject
to normal review by Moab City of approved uses as to form and compliance with applicable
standards and this Agreement. Club Utah will pay the normal filing and review fees charged by
the City for such Plats.
B. Subdivision Improvements: The Subdivision Improvements for the first 16 Multi -Family units
located on Lot #1, Lot #2 and Parcel #1, as shown on the attached Exhibit G, have been
completed. Of these 16 Units, 6 have been completed and 4 more have been platted and are
under construction. Therefore, the City will not require additional subdivision improvements for
the first 6 units built after this Agreement, provided that those 6 units are constructed in the
location shown on Exhibit G, using the existing improvements. Subsequent to those units, Moab
City may require, prior to recording additional final plats, that Club Utah either (a) complete the
required improvements to the platted units prior to Final Plat recordation, or (b) that Club Utah
post a bond in the amount of 120% of the estimated cost of the required improvements. The
subdivision improvements include extension of water service, sanitary sewer service, electrical,
natural gas, telephone and cable television.
C. Building Permits: Upon Recordation of the Final Plats the City will promptly process building
permit applications at which time it will charge, on a unit by unit basis, the same water impact
fees, building permit fees and other impact fees charged for like construction elsewhere in the
City, excepting the special provisions in Article 5 below. Unless Moab City adopts a revised fee
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schedule, each Multi -Family Unit will be assessed such fees at the same rate as a single-family
dwelling.
3.2 Commercial Development. Club Utah will make application for the Hotel/Lodge, Restaurant
expansion or other commercial development on the Commercial Parcel as approved uses. Moab
City will review such applications for compliance with City parking requirements, height
limitation (35 feet) and building code. Under the PUD development standards, no setback will
be required from the Private Drives.
3.3 Resort Support Commercial. Club Utah will make Building Permit Applications to Moab City
for construction of the Resort Support Commercial, up to 3,700 square feet, as an approved use
within Parcels #1, #2 and #3.
SECTION 4
MISCELLANEOUS DEVELOPMENT PROVISIONS
4.1 Stormwater System. The City and Club Utah agree that the stormwater system for Moab
Springs Ranch is complete.
4.2 Historic Icehouse. The City agrees to continue the County PUD encroachment provision into
the private right-of-way for Icehouse Place for the Historic Ice -House. The structure has been
restored as a sales and property management office. It does not encroach into the roadway.
4.3 State Highway. Moab Springs Ranch fronts State Highway 191, also known as Main Street in
Moab. The Highway is regulated by the State of Utah. The City agrees to accept the existing
eight -foot wide asphalt bicycle -pedestrian trail constructed by Club Utah along Highway 191in
lieu of the normal requirement to construct a concrete sidewalk. Club Utah agrees to cooperate in
connecting the trail to either sidewalks or trails, as may be constructed to the north and south of
the Property. The City agrees to cooperate in allowing the second access/egress to Highway 191,
as shown on the Master Plan, at the north end of Moab Springs Ranch. The City agrees to use its
best efforts, on an ongoing basis, to influence the State Department of Transportation to reduce
the speed limit of the highway to the lowest practicable level, and to use best efforts to enforce
the existing and future speed limits.
4.4 Resort District Overlay. The County PUD approvals and the existing Pre -Annexation
Agreement pre -date the Resort District Overlay in the North Corridor. Therefore, the Parties
agree that the Overlay shall not affect the Resort.
4.5 Commercial Parking. Commercial Development will comply with Moab parking standards.
Portions of the parking requirements for commercial uses may be met by parking provided on
adjacent parcels, as shown on the Master Development Plan.
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SECTION 5
WATER AND SANITARY SEWER SERVICE TO THE RESORT
5.1 Existing Master Meter. Pursuant to the existing Agreement, Club Utah paid the cost of and
Moab City installed a 6" Master Meter connecting the City water system to the Resort. Club
Utah further paid the impact fees for 6 multi -family units. The Parties believe and agree that this
connection will be sufficient for build -out of the Resort, including the Hotel/Lodge. The City of
Moab commits to continue to provide drinking and fire -flow water to the property through the
existing Master Meter. CIub Utah agrees to pay impact fees, on a per -unit basis, and upon the
same terms as those applicable to other City customers, as individual buildings and units are
connected to the system.
5.2 North Area Trunk Line. The City commits to construct, at its cost, the North Area Trunk
Sewer Line, Phase I, substantially as shown on the attached Exhibit E, during 2004 or, at the
latest, prior to April, 2005. Moab City will not charge a fee for extension of this line. The City
will construct a minimum 8" line connecting to a manhole located substantially as shown on
Exhibit E, immediately in front of Moab Springs Ranch. The manhole will be designed to accept
sewage from an outfall sewer line, or lines, connecting to Moab Springs Ranch.
5.3 Connection. Club Utah, at its cost, will connect existing and future facilities within the Resort to
the manhole. Club Utah will also be allowed to connect, in the future, the 3 Multi -Family Units
approved at the north end of the Resort to the manhole indicated on Exhibit E.
5.4 Wastewater Fees. Club Utah agrees to connect, within a reasonable period after completion of
the Trunk Sewer, the existing Restaurant and then existing Multi -Family Units to the sewer. The
City will not charge a connection fee for the restaurant or the then existing Units, but is required
to charge a Wastewater Treatment Plant Impact Fee (WWTP Impact Fee). The City agrees to
extend financing terms of 4.5% interest amortized over twenty years for the Wastewater
Treatment Plant Impact Fee (WWTP Impact Fee), as shown on Figure 2 below. The City also
agrees to a credit of $8,000 for sewer facilities constructed by Club Utah during 2004.
Figure 2. Wastewater Impact Fee Table, Moab Springs Ranch
Facility:
Existing Restaurant
Less Credit for 2004
Net WWTP Impact Fee
Wastewater Impact Fee Monthly Payment @4.5% for 20Years
$16,000
($ 8,000)
$_8,000 $50.61
Multi -Family Units at time of Connection (10 to 12):
Impact Fee Each: $2,819 ea
$18.00 ea
Future facilities within Moab Springs Ranch, not existing at the time of completion of the extension,
will pay the WWTP Impact Fee as building permits are obtained. The existing Multi -Family Unit
Impact Fees will be paid by the Homeowner's Association and assessed to the individual owners.
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SECTION 6
WATER RIGHTS & WELL
6.1 Existing Rights Extended. In the Existing Agreement Moab City was granted certain rights
relative to the Water Rights and the Well for a five-year period beginning February 22°, 2000
and ending February 22", 2005. Those rights are restated and continued herein to the previously
agreed date.
6.2 Right of First Refusal. Upon receipt by Club Utah of any bona fide offer for the purchase,
transfer, or conveyance, in whole or 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.
6.2 Club Utah Use of Water Rights. Nothing in this Article 6 is intended or shall be construed to
preclude Club Utah, its successors or assigns from using the Water Rights and/or Well for
purposes of providing water for irrigation, for ponds or other water features on the Property,
from leasing the Water Rights and/or the Well 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.
6.3 Term. AlI rights granted to the City in this Article 6 will expire and be of no further force or
effect after February 22nd, 2005.
SECTION SEVEN
AGREEMENT CONTINGENT UPON ZONING CLASSIFICATION
7.1 This Agreement is contingent upon Annexation of the Resort as Moab City C-4 Highway
Commercial Zone.
SECTION EIGHT
GENERAL PROVISIONS
8.1 Release of Existing Agreement. The Parties, for themselves, their successors and assigns,
hereby release the other party from all obligations of the Pre -Annexation Agreement dated
February 22" d, 2000and executed by the parties in April of 2000.
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8.2 Release of Restrictive Covenant. Under the Existing Agreement the parties agreed to the
recordation of a restrictive covenant against the Property which referenced the terms of the
Existing Agreement. The Parties hereby agree to execute a Release of Restrictive Covenant, in
form as attached as Exhibit H, which will be recorded in the office of the Grand County
Recorder upon execution of this Agreement.
8.3 Transfer. 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 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.
8.4 Waiver. Failure 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.
8.5 Entire Agreement. 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.
8.6 Attorney's Fees. 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
entitled to receive from the other party thereto reimbursement for all attorney's fees and all costs
and expenses.
8.7 Notice. A11 notices hereunder shall be given in writing by certified mail, postage prepaid, at the
following addresses:
To City of Moab:
City of Moab
115 West 200 South
Moab, Utah 84532
Attn.: Donna Metzler, City Manager
To Club Utah:
Club Utah Resort Group L.L.C.
1670 East 1300 South, #202
Salt Lake City, Utah 84104
Attn.: McKay Edwards, Manager
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8.8 Jurisdiction. 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.
8.9 No Third Party Beneficiaries. 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) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning
any improvements to the Property unless the City of Moab accepts 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.
8.10 Mediation. 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.
8.11 Severability. 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 is is held invalid, shall
not be affected thereby.
8.12 Protest. In the event of any protest or similar legal or administrative challenge to any annexation
under this Agreement Club Utah will cooperate with the City in providing necessary information
or testimony to support the annexation.
8.13 Rights Upon Annexation. 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 and property owners, except as is provided otherwise by the express terms of this
Agreement.
8.14 Recording of Agreement. This Pre -Annexation Agreement, including exhibits, shall be recorded
in the Grand County land records. Any exhibits that have previously been recorded need not be
recorded again. The remaining provisions of the Agreement shall be held by the City of Moab
Recorder.
8.15 Filing of Annexation Petition. Contemporaneous with the signing of this Agreement, Club Utah
agrees to file with the City a Petition for Annexation for the currently unincorporated property as
shown in Exhibit A.
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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 pF MO B
1Uria—off
Mayor David L. Sakrison Date
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Ra\tiel -11 ,�' n ,
C'�'ity Recaq„ Q
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C ib 1.4Z 'K or rdup L.L.C.
By
Mc
ay- dwards, Manager
State of Utah
County of Grand
}
Date
On the 1 a`� day of d (� IVA-- �� personally appeared before me (DA V i d L • S6L-14-1 + S
the
RACHEL . ELLISON
Nobary Public
Stilts of Utah
My COMM. Es/Oros Jun 2,2L1D5
My Commission Expires:
State of Utah
who duly acknowledged to me that they executed
(4,-oto
§
County of grand 4.5. /.41.Aer }
� 2.�04.
On the f� Y
day of I�Ci9e14\,,"r, personally appeared before me
cGccua (er
Notary Public
Residing in: Grand County
[I
Lt_ .rt - 6. 5.5 dql- a" G E_P 3 P z A:M1 S• 1.
e' `, who duly acknowledged to me that„%theltexecuted
the same.
My Commission Expires:
&LE-twt/C�
Notary Public
Residing in: Grartel-Getrfity- 1.-t-441-04-T
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EXHIBITS:
A. Legal Descriptions of Resort Property
B. Final Plat of Moab Springs Ranch PUD Phase I
C. Master Development Plan
D. Final Plat of Moab Springs Ranch PUD Phase II
E. North Area Trunk Sewer Line
F. Club Utah Water Rights and Well
G. Phase I, II and III Subdivision Improvements
H. Release of Restrictive Covenant
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EXHIBIT A
PUDICONDOMINIUM PARCEL
DESCRIPTION OF A PARCEL OF LAND IN THE NE'/ SECTION 35, T 25 S, R 21 E,
SLM, 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°06' W 488.2 ft. to a Corner, thence N 62°12' W 109.8 ft. to a
Corner, thence N 62°13' W 110.1 ft. to a Corner, thence S 88°39' W 148.7 ft. to a
Corner, thence N 24°07' E 56.7 ft., thence along the arc of a 268.18 ft. radius curve to
the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.), thence
N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5 ft.
radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55.8 ft. to a Corner, thence N
81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence S 16°46'
W 83.0 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 460.78 ft. (said curve has a chord
which bears N 45°03' W 460.5 ft.) to a Comer, thence with said R-O-W N 48°28' W
180.4 ft. to a Corner on the North line NE% said Section 35, thence with said line S
89°56' E 1440.1 ft. to the point of beginning and containing 16.76 acres, more or less_
RESTAURANT/COMMERCIAL PARCEL
DESCRIPTION OF A PARCEL OF LAND 1N THE NE% SECTION 35, T 25 S, R 21 E,
SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a corner on the Easterly R-O-W of U.S. Hwy. 191, said Corner bears
S 50°50' W 1037.0 ft. from the NE Corner of Section 35, T 25 S, R 21 E, SLM, and
proceeding thence N 24°07' E 106.8 ft., thence along the arc of a 268.18 ft. radius
curve to the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.),
thence N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5
ft. radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55.8 ft. to a Corner, thence
N 81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence
S 16°46' W 83.0 ft. to a Corner on the Easterly 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 right 275.0 ft. (said curve
has a chord which bears S 39°36' E 274.9 ft.) to the point of beginning and containing
1.05 acres, more or less.
r�
IaTG WORLD MITKRPRISF_q i..I.C.
NORTH 1/4 CORNER
SEC, 35, T 25 S, R 21 E,
O. JOIdNSON
BOUN69 OT P' SliAME T
S 89.56' E MAE)
-.•`--emzerim 9: =xrc79497.rie6tiaa5-.wm . .m w
,SURV�
i
1199.9'
S 89'56' E
ti
ip
ep•
/L
5 691e' E 200.1
PARCEL 3
0.97 AC
FUTURE PHASES
R=3069.6'
A=06'49'
L=460.6'
T=230.7
BRG4N 45.03' w
GLEN..460.5'
LAND USE 'FABLE
H Rws6'
5 0256
E 150.9
L.4f.;
A-6V44'
511C-S 31726' w
GLEN-4U.4'
S TRAM' w e.4'
5 2616 E 20.0
5 nerS9' W 2036
A L-54.3' TRACT $
R-I03.0' 1.02 AC
4.301
]134•E RESTRICTED PER NOTE 51
CLEN.53.7'
T-27.8'
f
R-0636
A-D5'34
CLEN.ancwr5'39' W
T-IB0.9'
R-L-366
'
a-01706
0Ra-N-ry 31246
'
T.3 2'
L-353_6
R-3669.6
A-021634'
6Aa-N 45'5650' W
CLEN.352.6
T-176.6
L-73.N
R-36566
34 A.m1
CLEN- 2'11' W
GLEN
T-38.5..S'
TRACT. ]Ai
N PARCEL
AREA Rl AGM
LAN] 113R
/MEM
OF UNTN
LUT 1
TRACI A
TRACE R
TRACT C
TRAGf 0
iRACI E
TRACT F
PARCEL 1
PXNCEL 2
PARCEL 3
TOTALS
632
0.66
192
606
0.25
P.21
0.02
2.16
2,09
097
1626
MUL11-PAMILY / CONSOMMIOM
PRIVATT MKS er NON EXCWSer EASEMENTS
COMMON µEll / OPEN SPACE
COMMON AREA / OPEN SPACE
COMMON µEl / RESORT SUPPORT COMMERrAfL / SWIMMING POOL er
WATERCRESS SPRING PORN' OF 13121151011.
2.01416011 AREA / OPEM SPACE
COMMON AREA // RESORT SUPPORT COMMERCIAL
EXPANGrSLE LAHOS - FUTURE PRA5ES - MuL11-FAMILY OEVELOPAhrt
EXPAN018LE LANDS - FUTURE PHASES -. MU:Li-FAMILY DEVELOPMENT
ESPANOARtt !ANDS - FUTURE PHASI$ - MULR-FANCIr DEVELOPMENT
6
NA
145
NKr,
NA
ILA
HA
NA
NA
e
MOAD SPRWGS RANCH P.U.D.. PHASE 1
FINAL PLAT NOTNS
INTRODUCTION:
L-71'
A-73,5a'
AR9•411
74'AS' GLE11- X
GLEN-66,7'
s
S
210'
H 61756W 2
PARCEL 1
2.18 AC
FUTURR£ PFLAS1
L.76.3'
R.240 6
a-16'42'
51/0-S 13616 W
GLEN-78.0'
rT-34,5'
s 7Tt1' w
17.5'
5 T;4, '"
T� - E SHELF 2 � F 2 xO��n
00 Ise
rn
li
a 1kl
A`s3i
v ewT s
n1S-�e1 LP�unl-� �`�y,ne
N
71748'
25.2'
NBrOs'W
47,0'
W
S 53 ea' W
34.2' L=117,5'
R=234.5.
A-28.43'
BRG=N 50'24? W
CLENee116.3'
T=60.0'
EXHIBIT "B"
f1
l
L.110.4'
17.110.6
Awer]O
BRa-N 55'TT' X
CLLN-tt15.6'
far .1.1 Pewwl
NE CORNER SECTION 35,
T 25 S, R 21 E, SLM
2E9 s
FINAL PLAT
OF
MOAB SPRINGS RANCH P.U.D.
��.:��� jwere .atr9a.m,
P�Hy�Apt S Ep''� 1
SHEET 1 OF 2
L-95.6
R-r34.6
A-4r54'
8na-5 45'61' E
GLEN.1E
T-3p
4'
t
fo w+Ln ells WNmr
1,129.5' l-11111.6'
6.191.6 R.121.6'
.3296 a4.71726
WRC-N 45'41' W 8R695 4669' E
CtnNwi27.1' CLE11..139.1E
7.67.6 T-135.6
L-10.6 N 64.45' W
R..61A' 20.n'
4.07146 N 30'60' 14
RRC.5 2E42' W 22.9
/� CIEN-10.0'
/
\ % T.5.0'
mix ow. N 61'15' T
'Pez,s
P
RESTRICTED` `�sy Gr N 2 2' W
\ PER NOTE #1 \�j�-Ey Lm74.9'
0,4,'p Ree266.2'
,\ \ VA, BRG �N 33.15' E
GA. CLEN=74,6'
,\ \ .1 T-p.7'
\ x.-5a1.- r4 M.uf
\ _SN2. w, av_.2PY
\ N56.7'
56.T
Owner plans to develop the Moab Springs Ranch as an ewpandable condominium project. the first phase of which wil!
Joe constructed on Block I, with future phases to be aituoted on Parents 1, 2, and A.
NOTE O.: COMLTON AREA AND OPEN SPACE AREA RESTRICTIONS
Tracts B, C. 0, and E ore Common Areas rind Dpen Space Areas for the banelil of the Moab Springs Ranch PUO and
adjoining lands and may no1 be further subdivided without the consent of fond owners within the Moob Springs Rnneh
PUG, and without a coning map amendment pursuant to Article VI.B of the. Grand County land Use Code, or any
successor provision then in effect. Outiol #1, City of Moab, is o point of diversion for Skokel Springs and reluted
purposes, and Owner reservee the right to grant easements far ingress and egress and pipelines and utilities serving
such weal.
The Common Press and Open Space Areas may be used for londscoped oreos, paths, trolls. and roadways, and other
racreationol amenities cad uses, and limited agricultural uses, os will be more particularly provided in the Protective
Covenants and the Declaration al Condominium for the Moab Springs Ranch. The Common Areas and Open Space
Area may olso be used for the construction, maintenance, uee, repair, and replacement of utilities Including, without
limitation slormwoler detention o d drainage, and electric, cloture! gas, telecommunication, sewer. water, d coble
television lines. Owner tescryee the right to locate, grant. reserve, use rind enjoy easements for any such facilities.
Parlians or the Common Areas and Open Space Areas are eubJeet la existing access, Pipeline, and other easements
releled to Skakel Springs odd Watercress Springs and Owner reserves the right to use, enjoy, vacate, end replace such
eosemenls.
NOTE g2: PRIVATE ROADWAYS
The roadwoys shown hereon are private roodwaya and ore not intended to be dedicoled and the recording of this Finol
Plat shot! not be deemed to constitute o dedication of such roadways for public use.
NOTE, #3: SETBACK REQUIREMENTS
SETBACK HIGHWAY
FROM: R.O.W.
P.U.D.
EXTERIOR
SETBACK IN FEET 36' 10'
INTERIOR
FRONT
-0-
INTERIOR
NEAR
-0-
SHADE
STRUCTURE
1'
NOTE #4: EASEMENTS
Tract E is subject to an easement reserved by Owner for the purpose of o water storage pond, storm water detention
lacilities, end pipelines, ditches and other facilities for the canveyonce of water. This easement is identified hereon os
'Spring. Pond Storage, 5tonnwoler and Conveyance Eosemenle.'
Lot 1 is subject io a 19-Foot drainoga easement as shown hereon.
Pored 2 and Tract E ore subject to on easement far a Pedestrian/Bicycle Trail os shown hereon. Owner, reserves the
right to realign and relocote said trail From limo to time. eserve
Tract A o shown hereon Is to be used for private drives and non-exclusive easements (including, without limitation,
easements ter ingress end sgres , utilities, and perking) serving andforthe benefit of both the Moab Springs Ronch
P.U.D. as shown herein. and the sadjoining Restaurant/Commercial porcel as shown hereon.
Addi Gant eve rnents affecting the Moob Springs Ranch P.U.D. ore set forth in the Declaration or Protective Covenants
ler Club Utahaot Haab Springs Ronch recorded in the Official Record of Grand County, Utah. concurrently herewith.
E 45ZE,�7 P �5�4 P Stlo_
Date 2P-NOV-290 12e2 pm 501 c_ .--,.•,.,,,r:
Fee: 70,00 Check
NERLENE AMER, Recorder
Filed By NR
For ANDERSON 6 WAVER TITLE INSURR r 1
GRIND COUNTY CORPORATION ......._ ..
f
i
MOAN SPRINGS RANCH P.U.D,
DIAGRAM OF PHASE 1
LEGEND
FOUND 1/2' RONAN
FOUND 3/8' REBAR
5/8' REDAR WITH PLASTIC CAP SET BY
THIS SURVEYOR
GOVERNMENT BRASS CAP MONUMENT
FOUND 5/13' REBAR WR.I ALUMINUM CAP
SET BY UTAN RLS#1963
CITY CENTERUNE MONUMENT
5/8' RERAN' WTIi ALUMINUM CAP SET NY
UT. RLSIj1963
COUNTY ENGINEERS APPROVAL
APPROVED BY THE GRAND COUNTY ENGINEER THIS ,3,0- DAY OF
�CTwr4c-4 2000.
2
47. a
N3.
3
x
rwse.e.
R. A-231612'
G33'30' W
CLENLEH-58.2'
N.
Pe 121.0'
a.Ys2s'
!Mee 31'53' E
T-26.4'
S
-per
L.92.6'
/Twine'
A-43'S8'
BRC-5 OS17' w
CIEN-9os
f
TRACT D
0.25 AC
Aga
P, flearearen ma ortZr� rrvvwwsswwootte�vvva���---- ����
N .1' E•
Fl 21 _
5
rs
R.]ILY'
aN•41 STOW E
LO1.
Y-]7.3'
ad
w
MEMORANDUM OF UNDERSTANDING Br
EASEMENT AGREEMENT
BCOR 526, PAGES 588 - 594, 12-18-913
feaxc fort
a wrmsi9e rvm aswon
4.3
)
I
le
I
L-67.8' 1.
6.116.6
a.2_rIce Is
a10.5a 7616 Er.
es_ sr. re. csrecce
~�` -
trill �
r/ r- _ rdifa-
d'Li "agzs A..
s' . /,' C\
TRACT E
9.21 AC
RESTRICTED PER NOTE #1
PRESENTED TO THE la,' Alp,. n no 1
1-HIS _ID_ DAY OF 111e een.777.. -r- A.D. 2000 SUBDIVISION
ATTEST 61"i
", ',FUTURE PHASES
EAST 1/4 CORNER SECTION 35,
133
KEOC1-1 Z AND SURVEYING'
COUNTY RE,CORDER NO.
STATE OF UTAH. CO. OF OEvro,ta• , RECORDED AT THE REQUEST OF
ENTRY 4./OUsfe747e '5T-N'W 5-2'
PRESCRIBED LINDER THE LAWS OF Th..
CERTIFY THAT UNDER AUTHORITY OF THE
OF THE TRACT OE LAND SHOWN ON THIS PL
HAVE SUBDIVIDED SAID TRACT OF LAND INTO 12.,
AFTER TO BE KNOWN AS MOAB SP2INGS -A.
ANO THAT SAME HAS BEEN CORRECTLY SURVEYED ANL
GROUND AS SHOWN ON THIS PLAT.
BOUNDARY DESCRIPTION
DESCRIPTION OF A PARCEL OF LAND IN THE NE //4 SECT7ON 35, T 25
E.. SW, GRAND COUNTY', UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOW-.
PROCEEDING THENCE WITH THE EAST LINE OF SAID SECTION 35 S 33' W 93ELL
FT. TO A CORNER, THENCE WITH THE NOaTH LINE OF S1VASEY N 6 ' 06' W 488.Z
CORNER, THENCE ALONG THE AF1C OF A 268,2 FT. RAMS CURVE TO THE LEFT
74.9 FT. (SAID CURVE HAS A CHORD WHICH DEARS N 33" 15' E 74.6 FT.) TO A
FT. TO A CORNER, THENCE ALONG THE ARC OF A 234.5 FT. RADIU CURVE TO THE
RIGHT 117.5 FT. (SAID CURvE. CIAS A CHORD WHICH BEARS N 50' W 116.3
FT.) TCL A CORNER, THENCE S 53' 00' W 34.2 FT. TO A CORNER, THENCE N 70'
A CORNER, THENCE WITH THE EASTERLY R-o-w OF U.S. HiGHWAY p0., ALONG THE
ARC OF A 3,869,8 FT. RAL:AUS CURVE TO THE LEFF 460.0 FT. (SAID CURVE HAS A
CHORD WHICH BEARS N 45' 03' 11; 460.8 FT.) TO A CORNER, THENCE WITH SAID
SECTION 35, THENCE WITH SAIO LINE S 89' 56' E 1,440.1 FT. TO THE POINT OF
BEGINNING, EXCEPTING OUTLOT #1 AS RECORDED IN BOOK 553 , P'ACES 793-299 ,
OF THE GRAND COUNTY RECORDER'S OFFICE, ANIJ CONTAINING 15.76 ACRES, MORE
OR LESS.
CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED
BEARINGS ARE BASED ON THE EAST- UNE NE 1/4, SECTION
OWNER'S AND TRUSTEES' DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT CLUB UTAH RESORT GROUFJ. L.L.C., A UTAH
LIMITED UADILITY COMPANY; THE UNDERSIGNED OWNER OF THE ABOVE DESCRIBED
TRACT OF LAND, PARK CITY BANK, A DIVISION OF DRAPER BANK; A TRUSTEE AND
BENEFICIAL INTEREST HOLDER IN SAID, LAND, AND ANDERSON-OUVER 111-LE INSURANCE
AGENCY, INC., TRUSTEE FOR JOHN L. DUNNING; A BENEFICIAL INTEREST HOLDER IN
SAID LAND, HEREBY CAUSE SAME TO HE SUBDIVIDED INTO LOTS, TRAM AND i'ARCELS
HEREAFTEFe TO aE KNOWN AS MOAE1 SPRINGS RANCH P.U.D. PHASE 1.1
CLUE UTAH RESORT GROUP L.LC., OWNER, BY7.
PARK CITY BANK, A DIVISION OF DRAPER DANK, TRUSTEE AND BENEFICIARY, BY:
ANDERSON-OUVER TITLE INSURANCE AGENCY, ING., TRUSTEE FOR J07-41. L DUNNING,
AUTHORIZED ATURE DATE
ACKNOWLEDGEMENTS
State of Utoh
County of
foregoing Dedication was acknowledged before Me this
Group L.L.C., o Utoh limited Nobility company.
NOTARY PUBLIC AND SEAL
State of Utah )
,, z--7-- The foregoing Dedic9j.ion WG9 acknowledged before rpe thin
State of Utah
cloy of Ge 'gee, 'WOG. by Glenn° Oliver. the W ,Lt of
Anderson -Oliver Title Insurance Agency, Inc..
NOTARY PUBLIC AND SEAL .1
veReay cry6���'j
Coto eR � ea PR .
C�4t 4A
OWeCFr�re � q'H +9 �JI
ir4A; rNA�,q 0 777b0,4ep
,r vANn - � 9 �t WR
ityi. 4ry0
TO COLORADO RIVER,
ARCHES NATIONAL PARK
ass+ wiramomrrs�wr�rwa
.�rrr�w 7�f �l�el•�1i) 7,
Townhome i /i !
Condominiums
MOAB SPRINGS RANCH
"BASECAMP RESORT"
1266 NORTH MAIN STREET
MOAB, UTAH, 84532
CONCEPT MASTER PLAN LAND USE ELEMENTS:
RANCH HOUSE COMPLEX:
RESTAURANT, DELI, SPA, OFFICES & RETAIL
THE LODGE AT MOAB SPRINGS:
APPROX. 42 SUITES, OFFICE, SUPPORT & CONFERENCE FACILITIES
RESORT CONDOMINIUMS:
APPROX. 42 LUXURY TOWNHO.ME CONDOMINIUMS,
PROPERTY MANAGEMENT FACILITIES
DISPERSED RESORT SUPPORT & COMMERCIAL:
SPA, CONFERENCE, FOOD SERVICE & MUSIC FACILITIES,
TRAILS, PICNIC, FIRESIDE & MISCELLANEOUS RECREATION AMENITIES.
ISLM EASEMENT)
*NrN •,•J
MOAB SPRINGS RANCH
EXHIBIT C: 71"
MASTER DEVELOPMENT PLr,
TO DOWNTOWN
\,
'Y r�
Condominiums
Moab Springs Ranch is owned and developed by'
CLUB UTAH RESORT GROUP L.L.C.
1266 NORTH MAIN STREET, MOAB, UTAH, 84532 (435)-259-7891
www.clubutah.com
iozdsdLidsd 75 ioo ,sd zoo`
BIG.�0sARIN4
•
�.. \
i
vn,e
- 9
7 2.3. __McKay Ed,...,ar-d_ A.ti.�.
v,re
i
a
e
a
1
"
w t
0
w i
. . . . " " " " .
EXHIBIT "D"
M B 5
GRAPHIC SCALE
3V v m w
(w FEET )
I Inch a 20 IL
A FINAL PLAT OF
,RINGS
0,
ANCH
PHASE If
A PORTION OF PARCEL 1 OF MOAB SPRINGS RANCH P.U.D. PHASE I,
WITHIN THE NE1/4 SECTION 35, T 25 S, R 21 E, SLM, GRAND COUNTY, UTAH
J
fJy.
.7eair
SBs-
�� UNIT 10 $ •
Q' o
h
�r_ cryGPOoe(rR;
� tr
E 463233 D 0621 P 205
Dote 10-M2R-2004 11:38am
Fee: 34.00
NERLENE MOSHER, CRechorder
Filed by SRC
For ORT
BRANDLOB COUNTYHCORPORATION
y9;
m
ag13 F
UNIT 9
(Th.\
?7
3.6
Io oo.
ryry.
O$
SEY3225"
S
LOT Earl
SO. ETl
.41 P
ro y�
5h%, /
w
UNIT 8
5.19
5
UNIT 7
� da o
•
$.
°
11.10'
9 "
•ze
w
S
0
S
`t
+L1
5
Ira
EAST 1/4 CORNER 5ECRON 35,
T 25 S. R 21 E, SLM
MOAB CITY MONUMENT WELL/PhN
L
u.
NE CORNER SECTION 35,
T 25 S,R 21 E. SW.
FOUND GOVERNMENT BRASS
CAP MONUMENT
LEGEND
O 5/e" REBAR WITH PLASTIC CAP
▪ MONUMENT AS NOTED
PREPARED BY
NEOGH IA/VD SURVEYING
w
445 EAST CENTER STREET
410.48, UT411 842'532
DATE; FEHRUARY 6, 2004
DRAWN BY: TMK
COUNTY ENGINEERS APPROVAL
APPROVED BY THE GRAND COUNTY ENC/NFER THIS /4" DAY OF PRESENTED TO THE
F484*,444 20,n4
THIS DAY OF
APPROVED.
COUNTY C
CLU BLOT2.DWG
CHECKED BY: TM
APPROVAL
SUBDIVISION
SURVT
I, TIMOTHY M. KED., o
UTAH LAND SURVEY0.., .,ND 1,
PRESCRIBED UNDER THE LAWS
CERTIFY THAT UNDER AUTHORITY L
OF THE TRACT OF LAND SHOWN ON
HAVE SUBDIVIDED SAID TRACT OF LANL
AFTER TO BE KNOWN AS MOAB SPh.
AND THAT SAME HAS BEEN CORRECTLY SDI
GROUND AS SHOWN ON THIS PLAT,
BOUNDARY DESCRIPTI,
A PORTION OF PARCEL 1 OF MOAB SPRINGS RANCH .
35, T 25 S, R 21 E, SW, GRAND COUNTY, UTAH, MORL
RIBED AS FOLLOWS:
BEGINNING AT A CORNER WHICH BEARS S 77' 32'25
THE NE CORNER SECTION 35. T 25 S, R 21 E, SLM, AND PR._
S 53'19'51"E 76.36 FT. TO A CORNER, THENCE S 32'26'38%
A CORNER, THENCE S 59'13'17"W 37.87 FT. TO A CORNER, TH,r
26'48"W 11,10 FT, TO A CORNER, THENCE S 48"29'50"W 13,39 y
CORNER, THENCE WITH THE NORTHERLY R-O-W OF ICEHOUSE PLACE .
THE ARC OF A 194.50 FT. RADIUS CURVE TO THE RIGHT 37.82 FT. (S.
CURVE HAS A CHORD WHICH BEARS N 32' 10'44'W 37.76 FT.) TO A CO.
THENCE WITH SAID R-C-W ALONG THE ARC OF A 110.00 FT. RADIUS CURVE
TO THE LEFT 95.07 FT, (SAID CURVE HAS A CHORD WHICH BEARS N 51' 22'
05"W 92.14 FT.) TO A CORNER, THENCE N 23'34.01"E 75.06 FT. TO THE
POINT OF BEGINNING AND CONTAINING 9,814 SQ. FEET, MORE OR LESS. EACH
CORNER IS MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT.
OWNERS & MORTAGEE'S
DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT CLUB UTAH RESORT GROUP,
A UTAH LIMITED LIABILITY COMPANY; THE UNDERSIGNED OWNER OF THE ABOVE
DESCRIBED TRACT OF LAND, ZIONS FIRST NATIONAL BANK, A TRUSTEE AND
BENEFICIAL INTEREST HOLDER IN SAID LAND, HEREBY CAUSE SAME TO BE SUB-
DIVIDED INTO LOTS, TRACTS, AND PARCELS HEREAFTER TO BE KNOW AS MOAB
SPRINGS RANCH P.U.D. PHASE II.
IN WITNESS WHEREOF LOP HAVE HEREUNTO SET f1..4- 414.1c THIS
DAY OF1Mwsta A.D., 200r_1
CLUB UTAH RESORT GROUP L.L.C., OWNER, BY:
S �/ ad
M1c�AY EDWARD',+MANA R -� DAB ?Oct./
ZIONS FIRST NANATONAL BANK, TRUSTEE & BENEFICIARY, HY:
-yfIHORIZED SIGNATURE
STATE OF UTAH
COUNTY OFIS"swry,e," S.S.
ON THE g/ DAY OF Me04Y.E, A 20 04 PERSON ALLY
APPEARED BEFORE ME McKAY EDWARDS
AND PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE
THE PERSON(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THIS INSTRUMENT,
AND ACKNOWLEDGED THAT HE (SHE/THEY) EXECUTED THE SAME.
3 • filar{
DATE
NOTARY PUBLIC'
SAMANTHA C. HUGHES
r ice So. Creek O,we FOI3m NGG
Perk coy UT ee060
My COTrduWn eepires
gem aa, 26ae
STATE Or UTAH
ACKNOWLEDGMENTS
MY COMMISSION EXPIRES
STATE OF UTAH
COUNTY ORSM.r11"... S.S.
CN THE A DAY OE ma."-°41 A D , 2.004 PERSONALLY
APPEARED BEFORE ME 71- r''''' scrl
AND PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE
THE PERSON(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THIS INSTRUMENT,
AND ACKNOWLEDGED THAT HE (SHE/THEY) EXECUTED THE SAME. it
+E•3D •D(�
MY COMMISSION EXPIRES 4%.5f-)'44,
STATE OF UTAH
NOS ARY puB C
RESIDING IN f COUNTY
N ARY PUBLIC
RESIDING IN .,51++9.��C�OUNTY
COUNTY
ONOF THE A 0 , 20_PERSONALLY
APPEARED BEF'^ '
AND PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE
THE PERSON(S) WHOSE NAME(5) IS (ARE) SUBSCRIBED TO THIS INSTRUMENT,
AND ACKNOWLEDGED THAT HE (SHE/THEY) EXECUTED THE SAME.
MY COMMISSION EXPIRES
NOTARY PUBLIC
SAMANTHA C. HUGHES
.06 S,n,r hen pin PO 9w 390
Park Cary UT eweo
Mr Commission E.psw
F STATE OF2UTAH
NOTARY PUBLIC
RESIDING IN COUNTY
STATE OF UTAH, CO. COUNTY RECORDER ECOREDIATOTHE REQUEST OF
CIu6 U�a4 ReSor� C.rei.p ( . (_• C•
DATE 3%m/nv TIME U34 0.A1, ROOK C.21 PAGE Dos _ FEE 41 34,0o
_"11v1r.n m.,d,., A.. Li A. fL1_.
•71 T
ATTEST
COUNTY f.1 FV7K
a IAA1 AAI nn„kin
Ly(,32 33
'S CERTIFICATE
HEREBY CERTIFY MAT I AM A REGISTERED
I HOLD CERTIFICATE NO. 171094 AS
C THE STATE OF UTAH, AND I FURTHER
Dr THE OWNERS, I HAVE MADE A SURVEY
THIS PLAT AND DESCRIBED BELOW, AND
7 INTO LOTS AND STREETS, HERE-
7INGS RANCH P.U.D., PHASE H
41/EYED AND STAKED ON THE
'ON
p,U,D, PHASE I, SECTION
PARTICULARLY OESC-
"W 851.51 FT. FROM
DCEEOING THENCE
101.45 FT, TO
"NCE N 83'
TT. TO A
ALONG
tiID
RN ER,
.1g
�m
O:om
rIET
N2"c.
MO
kD^ w
/w��
woLL�i
EXHIBIT "E"
MI III 1111
400 100 0 400
SCALE IN FEET
PROPOSED SEWER LINE — NORTH CORRIDOR
181111M11111 PROPOSED SEWER LINE —2oa4
RX+d
r
2
3
4
Cuiwaerold
Swear
Ano
1Aaat1 ERG%
3.6 110
el.,. 650
I21
11A
350
330
16.3 500
94 290
SEWER DESIGN CONNECTION/FLOW SUMMARY
Anc
Mewl ENV*
3.6 Ha
25-1 _ r60
NA 1120
49.! 1450
Sf.9 1950
74.5 A2f0
PROPOSED CITY SEWER LINES
APRIL 2004
Area Aran Aron Ana FAa's&
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EXHIBIT "F"
Club Utah Resort Group L.L.C. Water Rights and Well
1. Watercress Spring Water Rights:
Water Right Flow Acre
Number in CFS Feet
05-2102 .321 104.218
- 05-2743 .12 38.98
05-2744 .12 38.98
Total: .561 182.178
Watercress Spring described point of diversion:
S 380 ft W 450 ft. from NE cor., Sec. 35, T 25S, R 21 E, SLBM
2. Well:
Location: S 125 ft. W 660 ft from the NE cor, Sec. 35, T 25S, R 21 E, SLBM
Description: 10" casing, Depth approx. 175'
rn
0
1
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EXABIT "G” PHASE 1,1I & III SUBDIVISION IMPROvEM ENTS
TRACT B
1.02 AC
RESTRICTED PER NOTE # 1
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SE
014
1-5. CV
�� RESTRICTED
-PER NOTE #1
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PARCEL 1
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FUTURE PHASES �--
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EXHIBIT H
RELEASE OF RESTRICTIVE COVENANT
AND PRE -ANNEXATION AGREEMENT
City of Moab, Grand County
Club Utah Resort Group L.L.C.
This Release of Restrictive Covenant and Pre -Annexation Agreement is made and
entered into this 12TH day of October, 2004, between the City of Moab, a Utah
municipal corporation ("the City") and Club Utah Resort Group L.L.C., a Utah limited
liability company ("Club Utah").
RECITALS
A. Club Utah is the owner of approximately 17.81 acres ("Club Utah Properties")
located partially within and partially outside the corporate limits of the City in Grand
County, Utah. The Club Utah Properties are described on the attached Exhibit A.
B. The City and Club Utah, by agreement dated February 22nd, 2000 and recorded
May 10, 2000 in the office of the Grand County recorder, entered into a Pre -
Annexation Agreement ("Original Agreement"). The Original Agreement provided
for a phased annexation of Club Utah's property into the City.
C. In the Original Agreement the parties agreed to the recordation of a restrictive
covenant against the Club Utah Properties. On May 10th, 2000, the Restrictive
Covenant, together with the Original Agreement, was recorded in the office of the
County Recorder.
D. On October 12, 2004, the City and Club Utah entered into an Amended Pre -
Annexation Agreement ("Amended Agreement") which provides for the complete
annexation of the Club Utah Properties into the City. The Amended Agreement
replaces in its entirety the Original Agreement and will also be recorded in the
offices of the County Recorder. To avoid confusion in the public records, the
Parties agree in the Amended Agreement to release the Restrictive Covenant and
Original Agreement as provided herein.
NOW, THERFORE, in consideration of the mutual promises and agreements
herein and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, Club Utah and the City hereby agree as follows:
Release of Restrictive Covenant and Pre -Annexation Agreement. The City and
Club Utah consent and agree that the Club Utah Properties, as described on the
attached Exhibit A, are released from the Restrictive Covenant and Pre -Annexation
Agreement dated February 22, 2000 and recorded May 10, 2000 as entry No. 451217 in
Book 547 at pages 421-440.
EXECUTED this 12TH day of October, 2004.
[Continued and signed on next page]
1
EXHIBIT H
RELEASE OF RESTRICTIVE COVENANT AND PRE -ANNEXATION AGREEMENT
City of Moab, Grand County - Club Utah Resort Group L.L.C.
Continued Page 2 of 3
r�
CITY\OF MOA
IU- 12,-o"f
Mayor David L. Sakrison Date
'tertrfi
a$
0 !:
O
bra'
V�Ea -
�;<o Rache' Ellisgr1:
City Fiecorcter
y • „.
Club U#ah Resort Group L.L.C.
Kgi•Edwad, anager
State of Utah
County of Grand
Date
On the i a1-4- day of QvFviaAA-aa64-, personally appeared before me =
TI aJ;d t-• Sca-v-iSovi
Mnctio Ci.1-i IkAIAAK
the varn�.yy�,
6 lCHEL E. ELLiSON
Notary Public
State of t1bith
My Ceuniri. Exp:Inn Jun 2,2006
My . a inzi,s5i.im
State of Utah
County of-C-r-and
, who duly acknowledged to me that they executed
Notary Public
Residing in: Grand County
[Continued on next page]
2
f
EXHIBIT H
RELEASE OF RESTRICTIVE COVENANT AND PRE -ANNEXATION AGREEMENT
City of Moab, Grand County - Club Utah Resort Group L.L.C.
Continued - Page 3 of 3
o20d4
On the iS day ofNbU�M,t9-1— , personally appeared before me _
V�1 c Ep
, who duly acknowledged to me that'treSexecuted
the same.
My Commission Expires:
�0
Notary Public R� Cl
Residing in: Orafid-C'eeitty
11-2_00 2 (AA0--tk. .
REBECCA D. LEVANQEF
Notary Public:
�r State of Utah
� E �r�� C� UT 8 o98
[Exhibit A attached]
f,
3
EXHIBIT A
PUD/CONDOMINIUM PARCEL
DESCRIPTION OF A PARCEL OF LAND IN THE NE1A SECTION 35, T 25 S, R 21 E,
SLM, 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°06' W 488.2 ft. to a Corner, thence N 62°12' W 109.8 ft. to a
Corner, thence N 62°13' W 110.1 ft. to a Corner, thence S 88°39' W 148.7 ft. to a
Corner, thence N 24°07' E 56.7 ft., thence along the arc of a 268.18 ft. radius curve to
the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.), thence
N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5 ft.
radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55.8 ft. to a Corner, thence N
81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence S 16°46'
W 83.0 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 460.78 ft. (said curve has a chord
which bears N 45°03' W 460.5 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 16.76 acres, more or less.
RESTAURANT/COMMERCIAL PARCEL
DESCRIPTION OF A PARCEL OF LAND IN THE NE"/4 SECTION 35, T 25 S, R 21 E,
SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a corner on the Easterly R-O-W of U.S. Hwy. 191, said Corner bears
S 50°50' W 1037.0 ft. from the NE Corner of Section 35, T 25 S, R 21 E, SLM, and
proceeding thence N 24°07' E 106.8 ft., thence along the arc of a 268.18 ft. radius
curve to the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.),
thence N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5
ft. radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55,8 ft. to a Corner, thence
N 81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence
S 16°46' W 83.0 ft. to a Corner on the Easterly 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 right 275.0 ft. (said curve
has a chord which bears S 39°36' E 274.9 ft.) to the point of beginning and containing
1.05 acres, more or less.
f
AGREEMENT
Moab Springs Ranch
City of Moab, Grand County, Utah
THIS AGREEMENT is made and entered into this 5+2-=day of September, 2000, between the CITY
OF MOAB, a Utah municipal corporation ("Moab 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 "PUD/Condominium Parcel" consisting of 17 acres, more or less, and the
"Restaurant/Commercial Parcel" consisting of one acre, more or less. The PUD/Condominium Parcel and
the Restaurant/Commercial Parcel are more particularly described on Exhibit A hereto and are depicted on
the Draft Final PIat of the Moab Springs Ranch PUD, Phase 1 (the "Plat") attached as Exhibit B hereto.
The PUD/Condominium Parcel and the Restaurant/Commercial Parcel are collectively referred to herein as
the "Property."
B. Club Utah and Moab City have entered into an Pre -Annexation Agreement dated February
22, 2000, providing for the possible annexation of the Property into Moab City on the terms and conditions
provided therein.
C. Moab City holds certain easements affecting the Property some of which are no Ionger in
use and some of which are inaccurately described in recorded documents, and some of which are not
aligned with existing or planned roads and pipelines (collectively, the "Existing City Easements"). In
accordance with the Pre -Annexation Agreement, Moab City desires and intends to relinquish the Existing
City Easements.
D. Moab City owns a small parcel of land within the Property which is known and is referred to
herein as the "Pumphouse Parcel." Moab City desires and intends to convey the Pumphouse Parcel to CIub
Utah in exchange for the Skakel Spring Parcel as described below.
E. A point of diversion for Skakel Spring is situated within the Property. Moab City owns
certain water rights in Skakel Spring and certain equipment and facilities situated at the point of diversion.
Moab City desires and intends to acquire title to a parcel of land containing the point of diversion together
with certain easements for the benefit of that parcel ("the Skakel Springs Parcel and Easements") and Club
Utah desires and intends to convey the Skakel Springs Parcel and Easements to Moab City in exchange for
the Pumphouse Parcel.
F. Moab City desires to obtain various easements (the "New City Easements") over, across,
and under the Property for various purposes relating to a water tank owned by Moab City on lands
adjoining the Property, and for the purpose of replacing and/or correcting certain of the Existing City
0121215553.V3
1
f
X
Easements {collectively, the "New City Easements"}. Club Utah desires and intends to grant the New City
Easements to Moab City.
G. Club Utah and Moab City have reached agreement on various matters relating to certain of
the easements to be granted as described above and to future easements and desire and intend to document
that agreement herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other
good and valuable consideration, CIub Utah and Moab City agree as follows:
1. Exchange of Parcels. Concurrently with the execution of this Agreement Club Utah has
executed a Warranty Deed in the form of Exhibit 1-A hereto whereby Club Utah conveys the Skakel Spring
Parcel and Easements to Moab City. Concurrently with the execution of this Agreement Moab City has
executed a Warranty Deed in the form of Exhibit 1-B hereto whereby Moab City conveys the Pumphouse
Parcel to Club Utah. Both deeds have been delivered to Chris McAnany, counsel to Moab City, who will
cause the same to be recorded in the records of Grand County, Utah, upon receipt and approval of title
commitments covering the respective parcels by the respective grantees.
2. Relinquishment of Existing City Easements. Concurrently with the execution of this
Agreement Moab City has executed a Relinquishment of Easements in the form of Exhibit 2 hereto
whereby Moab City relinquishes the Existing City Easements.
3. Irrigation Overflow Easement. The Warranty Deed from Club Utah to Moab City referred
to in Section 1 above grants Moab City an irrigation overflow easement for water from SkakeI Spring.
Club Utah and Moab City acknowledge and agree that the description of the irrigation overflow easement
may have to be revised in the future and each agrees to cooperate with the other in that regard. Further,
Club Utah agrees that such overflow water may flow on the surface of the Property from the point of
diversion to Club Utah's storm sewer drainage or detention pond on the Property. The irrigation overflow
easement referred to above is not intended to alter or impair the water rights of junior appropriators, if any,
of the overflow waters.
4. Future Pipeline Easement. Club Utah agrees to grant Moab City a 20-foot wide non-
exclusive easement running southeasterly from the Skakel Spring Parcel for the purpose of an underground
pipeline from the Skakel Spring Parcel to the City's water tank. The approximate location of this easement
is marked on the Plat. Moab City is in the process of designing and engineering the pipeline and
developing a legal description of the easement. Moab City agrees to align the pipeline so as not to interfere
with the development of the Property as contemplated in the Pre -Annexation Agreement. Club Utah's prior
written approval of the specifications for and the aligmnent of the pipeline shall be required, not to be
unreasonably withheld.
5. Water Connection on Pumphouse Parcel. The Pre -Annexation Agreement contemplates that
Moab City will provide culinary water service to the Property. The parties agree to cooperate such that the
connection to Club Utah's water lines will occur in the vicinity of the Pumphouse Parcel, and a master
meter will be located at the point of connection at Club Utah's cost of adequate capacity to handle full
development of the Property as contemplated in the Pre -Annexation Agreement. However, Moab City
012\215553. V3 2
agrees that hook-up and impact fees with respect to the CIub Utah project will be payable on a per unit
basis as building permits are obtained, rather than on a lump sum basis.
6. Exemption Plat. Club Utah is in the process of preparing an Exemption PIat for submission
to Grand County for the purpose of facilitating the exchange of the Skakel Spring Parcel and Easements
and the Pumphouse Parcel as provided above. Moab City agrees to cooperate in such manner as Club Utah
may reasonably request in processing the Exemption Plat, including executing the Exemption Plat on
behalf of Moab City.
7. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the
successors and assigns of Club Utah and Moab City.
8. Entire Agreement. 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.
9. Attorneys Fees. 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 entitled
to receive from the other party thereto reimbursement for all attorney's fees and all costs and expenses.
10. Notices. All notices here under 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.
11. Governing Law. 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.
0121215553.V3
3
12. No Third Party Beneficiaries. This Agreement does not create any third party beneficiary
rights. It is specifically understood by the parties that: (a) the Club Utah project is a private development;
(h) 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.
13. Disputes. 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.
14. Partial Invalidity. If any provision of this Agreement, or the application of such provision 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.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and
through the Moab City Council, State of Utah, which has duly authorized execution and by a duly
authorized representative of Club Utah, as of the above stated date.
CITY OF MOAB
Date: F —ee By:
Rachel Ellison
City Recorder
Date: `^ I __�J •��
0121215553. V3
ayor Karla ancock
CLUB UTAH RESORT GROUP L.L.C.
B
(Votary Public
GLENNA OLIVER n
1265 North Hwy 191
Moab, Utah 84532
My Commission Expires
September 9, 2903
Stag of Utah �
4
c ay E rds, Manager
State of Utah
County of Grand I
Sub*med to bat
day at _
Nolary Public
14 19T lc e'"41
IWO!p pluo3
fi? F.61 s imi• at1411.110ff-tea tts tax? t.
SCHEDULE OF EXHIBITS
Exhibit A - Legal Descriptions of the PUD/Condominium Parcel and the Restaurant/Commercial
Parcel
Exhibit B - Draft Final PIat of the Moab Springs Ranch PUD, Phase 1
Exhibit 1-A - Warranty Deed from Club Utah to Moab City
Exhibit 1-B - Warranty Deed from Moab City to Club Utah.
Exhibit 2 - Relinquishment of Easements
5
0121215553.V3
EXHIBIT A
PUDICONDOMINIUM PARCEL
DESCRIPTION OF A PARCEL OF LAND IN THE NEA SECTION 35, T 25 S, R 21 E,
SLM, 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°06' W 488.2 ft. to a Corner, thence N 62°12' W 109.8 ft. to a
Corner, thence N 62°13' W 110.1 ft. to a Corner, thence S 88°39' W 148.7 ft. to a
Corner, thence N 24°07' E 56.7 ft., thence along the arc of a 268.18 ft. radius curve to
the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.), thence
N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5 ft.
radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55.8 ft. to a Corner, thence N
81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence S 16°46'
W 83.0 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 460.78 ft. (said curve has a chord
which bears N 45°03' W 460.5 ft.) to a Corner, thence with said R-O-W N 48°28' W
180.4 ft. to a Corner on the North line NE�Y4 said Section 35, thence with said line S
89°56' E 1440.1 ft. to the point of beginning and containing 16.76 acres, more or less,
012\215871 N i �
f
RESTAURANT/COMMERCIAL PARCEL
DESCRIPTION OF A PARCEL OF LAND IN THE NE% SECTION 35, T 25 S, R 21 E,
SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a corner on the Easterly R-O-W of U.S. Hwy. 191, said Corner bears
S 50°50' W 1037.0 ft. from the NE Corner of Section 35, T 25 S, R 21 E, SLM, and
proceeding thence N 24°07' E 106.8 ft., thence along the arc of a 268.18 ft. radius
curve to the left 74.86 ft. (said curve has a chord which bears N 33°15' E 74.6 ft.),
thence N 25°15' E 55.7 ft., thence N 64°45' W 22.2 ft., thence along the arc of a 234.5
ft. radius curve to the right 117.64 ft. (said curve has a chord which bears N 50°24' W
116.3 ft.), thence S 53°00' W 34.2 ft., thence N 70°24' W 55.8 ft. to a Corner, thence
N 81 °06' W 47.0 ft. to a Corner, thence S 70°48' W 25.2 ft. to a Corner, thence
S 16°46' W 83.0 ft. to a Corner on the Easterly 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 right 275.0 ft. (said curve
has a chord which bears S 39°36' E 274,9 ft.) to the point of beginning and containing
1.05 acres, more or less.
0121215871,VI 2
( r