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HomeMy Public PortalAboutclub utah amended pre-annexDate ""-NOV-2004 12::37pm 'No Fee Cash 73 ME RLENE MOSHE R, Recorder Filed By 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 A. Club Utah is the Owner and Developer of a resort called Moab Springs Ranch ("the Resort") Iocated 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 I 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. 1.1 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 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. 2 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 Lot 1 Lot 2 Parcel #1 Parcel #2 Parcel #3 Acres Multi -Family .32 6 (Complete) .23 4 (Under construction) 1.93 26 (Future) 2.09 3 (Future) .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 3 E, ;` _r 4 (,)0 13 0 6, 3 ;_n P .L1 a a .'• 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 10MPH 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 PIanned 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 4 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 5 E 5 -4 0 ' B [1S ,_ °,=n F' 3 5 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. 6 t i i 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. Club 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: Wastewater Impact Fee Monthly Payment @4.5% for 20Years Existing Restaurant $16,000 Less Credit for 2004 ($ 8,000) Net WWTP Impact Fee $_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. 7 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 22nd, 2000 and ending February 22nd, 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 Well in order to provide culinary water service for the project, or from supplying water for bottling. 6.3 Term. All 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 22nd, 2000and executed by the parties in April of 2000. 8 l 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. All 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 9 of (. 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. 10 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. COF MOAB Io P,--O-[ Mayor David L. Sakrison Date f• ▪ rr. _ i' chel E 5+n▪ : Cit� �ecdrd J f t 5 I, Chub Utah. Resort Group L.L.C. i : c dwars, tanager Date State of Utah County of Grand ) 9 004 On the I day of ockOt erN.- , personally appeared before me Voi d _ L • SU-ll-vi so who duly acknowledged to me that they executed Mr same. FACHEL E. ELL ISON .�'71•t� Notary Public State of Utah a sh My Go€ m. Expires Jun 2,2008 ry -'4'' 1'45',A1t4 Sal aMoab lJ7F�l�� Ase--o> - My Commission Expires: (0 - w,.P.GeQ `e Notary Public Residing in: Grand County State of Uta�g.s, § County of CciSejLA` 1,..›) On the day of , personally appeared before me )��� .ucr 4- who duly acknowledged to me thalheS executed My Commission Expires: 1 `1-2C9C5R FF '.• REBECCA D. LEVANGEr, Notary Public ) ;AState of Utah My CommissionSr. Park Citres y, UT 408 84498 924 E Silver Sag Notary Public t23,Dx. ��/J Residing in: �y ---tvir 12 4 4 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 EXHIBIT A PUDICONDOMINIUM 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 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' VI/ 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 NEA 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 NEY4 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. c c EXHIBIT A PUD/CONDOMINIUM 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 Corner, 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 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. PING WORLD /ENTERPRISES I.L.C. NORTH 1/4 CORNER SEC. 35, T 25 S, R 21 E, IP • SLM 1199.9' S B9.56' E 5 89'se• E 3470,4' rARCEL 3 0.97 AC FUTURE PHASES Ro.3869.8' A=06'49' L®460.8' T=230.T BRC.N 45'03' W CLEN=460.5' LAND USK TABLE 'L a. 101777s014 5 es'5eE 150.9 8.5044' 9145-5 35,25' w CLEN.4C-+' 7.23.4" 5 Atria' W 0.4' 5 29'12' E 20.0' 5 0e89' W 20,9' N 89.56' W 86 ▪ -s,a TRACT 13 R.103.0' 1,02 AC 6-JUl4' RESTRICTED PER NOTE #1 0170-5 31CW E CLEN.53.7 L-35s.a' R.38119.8' 4.05'13'34- BRG.H 45.-5050' W CLEN-352.9' T.176,6' 1..261.5" R-3669.8. 6-05'39' 6146.14 45'30' W [LEY-3MA' 1.190.9' R.361 6-GORG.N CUDV . W ClPN-6,3'3' R-306' sT 1,010 ' BAC a5' CLEH.N .0. w GLEN.5' T-39.5' TRACT, TAT 06 PARCEL AREA a1 ACRES WIO S293 3111110711 OP 1TTIy LOT 1 0.32 MULTI -FAMILY CONDOt6NIU 1 6 TRACT A TRACT 0 0.66 1,02 PRIVATE DRIVES A NON E%cuJ5Tv[ FASEME-d1S COMMON AREA / OPEN '.PACE OK Mc( c TRACT 0 0.06 V.25 COMMON AKA / OPEN SPACE COMMON AREA / RESORT SUPPORT CUMMRCHL / SWIMMING POOL k NA NA TRACT E 0.21 WATERCRESS SPRING POI' OF ONERSIOM. COMMON AREA / OPEN SPACE NA TRACT F PARCEL 1 0.02 2.16 COMMON AREA / RESORT SUPPORT CAMMERCK EXPANaASLE LANDS � FUniRE PHASES - MULTI-TATARS DEVELOPMENT NA NA PARCEL / PARCEL 3 2.09 0.97 EXPANDABLE LWOS - FUTURE PHASES - MUL'I-FAMILY DEVELOPMENT EXPANDABLE LANDS - FUTURE PH456 - wULR-EA ILY DEVELOPMENT NA NA TOTALS 10.76 6 MOAB SPRINGS RANCH F.U.D., PHASE / FRdATL_PULT NOTES L-71.5' R.0' 614555.71 ' .O>L7' T.30 r-se.9• Owner plons to develop the Mania Springs Ranch as on impando61a condominium project, the first phase of which will be constructed on Block 1, wilh future phases to be situated on Parcels 1, 2, and 3. NOTE pL: COMMON AREA AND OPEN SPACE AREA 6ESTRMTION5 Tracts B, C. D. and E ore Common Amos and Open Space Areas for the benefit of the Maab Springs Ranch PUD and adjoining londs and may not be further subdivided without the consent of Fond owners within the Marie Springs Ranch PUD, and without a zoning mop amendment pursaont to Article WI of the Grand County Land Use Code, or any successor provision then in effect. Outlet #1, City of Moab, is o point at diversion for Skokel Springs and related purposes, and Owner resents the right to grant easements far ingress and egress end pipelines and utAities serving such parcel. The Cornmon Arms rind Open Space Areos may be used for landscaped areas, paths, trails, and roadways, and other recreational amenities and uses, and broiled agricultural uses, as wiN be mare particulnely provided In the Protective Covenants and the Oeclamlino of Condominium far the Moab Springs Ranch.The Common Areas and Open Space Arens may ofso bo used for the construction, mainlennnce. use, repair, and replacement of utilities including, without IimiloTion, slormwater Mention rind drainage, and electric, notural gas, telecommunication, sewer. water, and cable television fines. Owner reserves the right to locate, grant, reserve, use and enjoy easements for any such facilities. Portions of the Common Areas and Open Space Areas are subject to existing access. pipeline, and other easements reloled 10 Skake! Springs and Watercress Springs and Orono,'Orono,'reserves the right to use, enjoy, vacate, and replace such casements. NOTE d2, PRWATE ROADWAYS • The roadways shown hereon era private roadways and are eel intended to be dedicated Lind the recording of this Final Plot shall not be deemed to constitute a dedication al such roadways for public use. NOTE #3, SETBACK REQUIREMENTS SETBACK HIGHWAY FROM: R.O.W. P.U.D. EXTERIOR SETBACK IN FEET 30' 10' INTERIOR FRONT -0- INTERIOR REAR -D- SHADE STRUCTURE t' NOTE g4, EASEMENTS Tract E is subject to An easement reserved by Owner for the purpose of a wafer s',onage pond, storm water delentian facilities, and pipelines, ditches and other facilities for the conveyance of wafer. This easement is identified hereon as m 'Spring, Pend Sloroge, Storwaler and Conveyance Easements.' tot 1 is subject to 0 10-16/ot drainage easement as shoran hereon. Parcel 2 and Tract E ore subject to an easement for o Pedestrian/Bicycle Trail as shown hernan. Owner, reserves the POI. to realign and relocate said trail Icon limo In Nme. 5 89'56' E d =D. '^ r575' 7.571 W 1 70'48' 25.2' 55a, fF' N81.06'W S 53'CO' W B171189:19 OP ILBEH67TT� UTAH) H 09'56' W 219.C' PARCEL 1 Lib AC FUTURE PHASES L.783' R-240 U' 6-I8.42' ORG-S R17 W GLEN 1-39,5',5' EXHIBIT "B" L-95,5' R.114.3' 4-4T54' BRCS [ ctEll-9ze'a' - >�,wu IDUna, . e7. - E.1113.4' R.110.0' 4.5720' 0R0-14 55'22' le OEN. 105.6' .nr oatsaswwr ID 11Alm wet rr.5ryn11 L.129.5' L.146.6' 0-104,5' 71.1210 30"00' 4.70'21' ORG.N 4541' W 0HO.5 a9'6.0' E 1 CLEN-127.1' CIRN.139.4' 7-67.T T.95.3' 1..10,17 N GeV' W R.01.41' 20.0 8.0706' N 36'50' W ORO.S are' w 22.9' " cuevel0.a \ <tt"f > 7.5.0' SF�v \L`xn,w .5' \\\ ryf�2 47.0' 34.2' 1,a117.5' R�234.5' 6>"28'43' BRO.F1 50'24' W CLEN.116.3' Te•60.0' 64'RESTRICTEO\ �r N 22 2' W PER NOTE #1 \ 1..74,9' � A•d6, R-268.2' ow ` kp, BRC&N 3315 E 9 CLEN'tr74.6' vaaesTA,- \ x._SAS-rs. 7eT _sMt m. \ N2407'E \56.7' Sam Ma. 4saaH 1\ y Ivn-A e N 94'45' W NE CORNER SECTION 35, T 25 S, R 21 E, SLM 1 5955' W 7G9.8' FINAL PLAT OF MOAB SPRINGS RANCH P.U.D. PHASE 1 SHEET 1 OF 2 t -se.5' R.144.7. 6.2512' O RC.N 33'30' W CLEN-562' T.29.7 N.1 S 1.0' 4.2525' I1710-5 31'63' E CLFN-55.3' 7.25.4' S L.92.1 R.43'56' 6140.E 1' CLIN-90.5' TRACT D 0.20 AC ^h �sswxa ra90 no,ac, h rq rxe [gMYacf asockc-, N 1029' E \\1 24.1' S K _El_ re. 165 44a any, yy � a L. R-312.122' 0170.N]' T.37.3' rt X, • '� S 88'39' W 148.7' esD Fur. r wwn Tx :a n wosNr 1 111' !, >sawl er_ rsuraiew user „u. satva.l MOAB SPRINGS RANCH P.O.D. DIAGRAM Off' PHASE 1 LEGEND O FOUND 1/2' REBAR A FOUND 3/8' REBAR a 5/8" REBAR WITH FIASCO CAP SET 8Y THIS SURVEYOR { GOVERNMENT BRASS CAP MONUMENT O FOUND 5/8' REBAR WDH ALUMINUM CAP SET 8Y UTAH RLSe 1903 Tract A ns shown hereon is to be Used for privote drives and non-exclusive easements (including, without limi101ion, © CITY CENTERLINE MONUMENT easements for ingress and egress utilities, rind parking) serving and for the benefit of bath the Moab Springs Ranch P_U.O- Lis shown herein, ood She adjoining Restaurant/Cammerciai parcel as shown hereon, Addilional easements effecting the MONO Springs Ranch P.U.O. are sal forth in the Dealaroii in of Protective Covenants for Club Utahof Moab Springs Ranch recorded in the Official Record ul Grond County, Utah, concurrently herewith. E .4S2657 P 055.4 P SOO_ D,tte DP.: 22-41MO00eckp1pEr ,50E IIERLENE RUSHER, CRecorder _ Filed Upp t7M `. - APPROVED 6Y THE GRAND COUNTY ENGINEER THIS 3/-t_f DAY OF For ANDERSON 6 OLIVER TITLE IAURA P '+'„1 CT�BE4 200E BRAND COUNTY CORPORATION 5/6' REBAR WITH ALUMINUM CAP SET 6Y G UT, ILLS#1963 .4.15915753510511511a- COUNTY ENGINEERS APPROVAL D' r141,5511r7..1.1.W" D rur . 13- s m=sm e �. Pe. DOROTHY It`.AN fTYIm 60' :•NM-= :s. 120' 9% MEMORANDUM OF UNDERSTANDING dr EASEMENT AGREEMENT BOOK 526, PAGES 568 - 594, 12-15-08 I I I I• IAA L.67.6' In Re Ita.o' IssceS 7e'2a' r l• atE71 GLEN-e7.2' I --- _" r rr ��-wnrx'%ss mi. �if'ea�ixsums _�________�___ I I PAo ilFr2`Maloa ex_ �1. _, D. =r,_r T'RAcT E 9.21 AC RESTRICTED PER NOTE #1 N We'E 40.0' Vm" vVrLawlr T73'rLeEr' s r- 9,1 N Was' E 9I.6' r 3a.a _c-------____ PARcEL 2 2.09 AC FUTURE PHASES ' s2 T, Ir IBO' SCALE: t° - 60' COUNTY COUN PRESENTED TO THE Q' • THIS _to_ DAY OF N b APPROVED. ATTESTA L APPROVAL 4 .R 5•-nr's s a em : r , A.D. 2000 . St/ROIVISION L.120. 11.137.0' 6-6a 17' ORO.S 654 CiEN.110,4 T.134.3' reus6a e/sc.ac nu, one s?'0 7 a' 'aides a. ee, Pe- 25e-11e L.31 A. R.20.0' .Carp' 1790.5 06'30' E CLEn.20.3' T.10.0' .4 905 4.6'1'38' E °rr�,=c"f si3.-313 ss EAST 1/4 CORNER SECTION 35 T 25 S, R 21 E, SLFA r1i SURVEYOR'S CERTIFICATE 1. TRIG KEOGH DO HEREBY CERTIFY THAT I AM A RCSTEREO UTAH LA ,IRVEYOR, AND THAT I HOLD CERTIFICATE NO. 171004 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH. AND 1 FURTHER CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED ELDW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HERE- AFTER TO BE KNOWN AS MOAB SPRINGS RANCH P.11,ID P SE I AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED 0LI THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION DESCRIPTION OF A PARCEL OF LAND IN THE NE 1/4 SECTION 35. T 25 S„ R. 21 - E., SLM, GRAND COUNTY, UTAH. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N£ CORNER SECTION 35, T. 25 S., R. 21 E., SLM, A.NO PROCEEDING THENCE WITH THE EAST LINE OF SAID SECTION 35 S 0' 33' Le 936.2 FT. TO A CORNER. THENCE WITH THE NORTH LINE OF SWASEY N 52' 06' W 488.2 FT. TO A CORNER, THENCE N 67 12' W 169.8 FL TO A CORNER THENCE N 62' 13 W 110,1 FT. TO A comm. THENCE S 88' 39' W 148.7 FT. TO A CORNER, THENCE N 24' 07' E 56.7 FT, TO A CORNER, THENCE N 24' 30' E 0.5 FT. TO A CORNER, THENCE ALONG THE ARC OF A 258.2 FT. RADIUS CURVE TO THE LEFT 74.9 FT. (SAID CURVE HAS A CHORD 1YHICH BEARS N 33' 15' E 7,11..6 FT.) TO A CORNER, THENCE N 25' 15' E 55,7 FT. TO A CORNER, THENCE N 45' W 22.2 FT. TO A CORNER, THENCE ALONG THE ARC OF A 234.5 FT. RAD1U CURVE TO THE RIGHT 117.5 FT. (SAID CURVE HAS A CHORD WHICH REARS N 50' 24' W 115.3 FT.) TO A CORNER. THENCE S 53' 00' W 34.2 FT. TO A CORNER, {HENCE N 70' 24' W 55.8 FT. TO A CORNER, THENCE N 81' OD' W 47.C1 FT. TO A CORNER, THENCE S 70' 45' W 25.2 FT, TO A CORNER, THENCE S 16' 46' 1y 83.0 FT. TO A CORNER, THENCE WITH THE EASTERLY R-O-W OF U.S, HIGHWAY p91 ALONG THE ARC OF A 3,869,8 FT. RADIUS CURVE TO THE LEFT 460.8 FT. (SAT CURVE HAS A CHORD WHICH BEARS N 45' 03' W 460,5 FT.) TO A CORNER, THENCE WITH SAID R--O-W N 481 28' ei 180.4 ET. TO A CORNER ON THE hIORTH LINK NE 1/4 SAiO SECTION 35, THENCE WITH SAID LINE S 89' 56' E 1,440.1 FT. TO THE POINT IDE BEGINNING, EXCEPTING OUTLOT #T AS RECORDED IN BOOK 553 , PAGES 293-299 , OF THE GRAND COUNTY RECORDER'S OFF:CE, AND CONTAINING 16,75 ACRES, MORE DR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED BEARINGS ARE BASED ON THE EAST. LINE NE 1/4, SECTION eke VALLEY CONTROLS 0' 33' W). �� l00 CATE .mac TIMOTHY KEOC71C,C,JSS• - OWNER'S AND TRUSTEES' DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT CLUB UTAH RESORT GROUP! L.L.C., A UTAH LIMITED LIABILITY COMPANY; THE UNDERSIGNED OWNER OF THE ABOVE CESCRTBED TRACT OF LAND, PARK CITY BANK, A DIVISION OF DRAPER BANK; A TRUSTEE AND N , BENEFICIAL INTEREST HOLDER IN SAID, LAND, AND ANDERSON-OLIVER TITLE INSURANCE AGENCY, INC., TRUSTEE FOR JOHN L. DUNNING; A BENEFICIAL INTEREST HOLDER IN SAID LAND, HEREBY CAUSE SAME TO BE SUBDIVIDED INTO LOTS, TRACTS AND PARCELS HEREAFTER TO BE KNOWN AS MOAB SPRINGS RANCH PALO. PHASE 1.1 IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS THIS -4 -i- (AND OF OCTOBER, A.D. 2000A4r 1p �'aS DiO"- CLUB UTAH RESORT GROUP L.L.C., OWNER, BY: hG OAT A?Rr`5"�'�c to 3 ry M .- bQ o� In IrEocH I AND , 5'uR EylivG 4(5 EAST CENTER STREET DATE: 10-27-00 DRAWN BY: M.O.S. / oAg,, UTAH 84(532 SHEET 1 OF 2 CHECKED BY: T,M.K, COUNTY RECORDER NO. STATE OF UTAH, CO. OF Caron RECORDED AT THE REQUEST OF ENTRY N 4.1J2ArA' 9S-R G 5T DATETT-I2-06TIME /e7>ai "0, 000k PAGE.i�- FEE 7,9 ''- Cam+ AY EOWARD ER - DATE i PARK CITY BANK, A DIVISION OF DRAPER BANK, TRUSTEE ANO BENEFICIARY, SY: U r;Tp ?3 F_fZ 711 _'Z C•GC ku'r OWED SIGNATURE DATE ANOERSON-OLIVER TITLE INSURANCE AGENCY, INC., TRUSTEE FOR JOHN. L DUNNING, BENEFICIARY: , ufLC"Y/k.T.� (Fj�rru� AUTHORIZED SIGNATURE ,tMi/eneluer 1, a?c°tha DATE ACKNOWLEDGEMENTS State of Utah ) ,Gne_.P ):s.s. County DF i h,g foregoing Dedication oacknowledged before the this day of �Eelier, ws 2000, by McKay Edworde, the Manager al Club Utah Resort Group L.L.C„ a Utah limited liobility company. hq„„ NOTARY PUBLIC AND SEAL Stale of Utah ) � • :S.S. County of i/1�F-'ems ) sue- The foregoing Dedica}ion woe acknowledged before roe this r3l day of October 2000, by 'k"rt-j4.- ✓/J. h2,s-rra.»rw i the Seou,>ce...n.,`Ffnn- 9-/7. -af Pork City Bank, a Division of Draper Sunk NOTARY PUBLIC AND S Stole of Utah ) :S.S. i County of YGw ) D�e.,��for 9�ing Dedication was oeknawledged before rite this 1.54 day of Be'i r; v'2000, by Glenna Oliver, tha_1j 9-Sidin.T' I of Anderson -Oliver Title insurance Agency, Inc., - �r--'- AieG, 1.6 C-, r?,. .ry AE rJr'i�r. llrb4e %i1� =,nr rf:cTa,c L?STTnr,rr-r- 441,9,=/,r NOTARY IE1'1BI ,irtiALS, SAT AL. A C {SIM EASEMENT) TO COLORADO RIVER, ARCHES NATIONAL PARK spomm1101111. BS ,EMEMOMMISD, 11111. _____Townhor"n77,/ 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 TOWNHOME CONDOMINIUMS, PROPERTY MANAGEMENT FACILITIES DISPERSED RESORT SUPPORT & COMMERCIAL: SPA, CONFERENCE, FOOD SERVICE & MUSIC FACILITIES, TRAILS, PICNIC, FIRESIDE & MISCELLANEOUS RECREATION AMENITIES. •n. 1,11,1•=10•24. 0•111••••• Mt " MEP II Maid 11 11411 CAW -1:1101f 1.11_1rrj okstir' -1:5trtQa-te Nan 111 MOAB PRINGS RANCH \ A.' 'EXHIBIT C. • ql I VMMIli IDDINi 1 Di in- onsik N ma ••, 'MASTER DEVELOPMENT PLAN \-\-)\, \ ,,,,,,_...--„, \ , ..,., , _ -----, i .,, )) , ) , -...,.,N ---_„:__ „,,00 / / ,. ,,,,,,, .. _ __To_wnhome_ rTI7 Condciminiuntsi Moab Springs Ranch is owned and developed by: CLUB UTAH RESORT GROUP L.L.C. 1285 NORTH MAIN STREET, MOAB, UTAH, 84532 (435)-259-7891 www.clubutah.com sOzcIsdit:isd ri a 4.7_, • • TO DOWNTOWN E 61.15 dir CI, ,C:), 10McKay E. A \ 0 EXHIBIT "D" OA GRAPHIC SCALE M w E { W FEET I 1 LPch - 20 fL 3 n s A F- NAL PLAT OF INGS RANC__ PHASE If 2Q0p. !00, UNIT 10 0 tl 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 >e ems• fv li 2ry r_ Dm FR i�J 1zo,�l°o•. O\ s1i'oe. 9� -�\ b� M' ag?,7 f UNIT 9 S S Nry ro a v /p Po• .rypd o$ 5TT•3225",N S' M sr UNIT 8 •moo. 9U$T'i qi SS�y UNIT 7 LOT 2 9,814 50. FEET± w y psi �1.41;fir O.pO 'I'o0 � Jat4f' d 'L \ �'y� �• OHO $ 1140' \ 9•B9 \ Sp • 101. w W ptP -51 I ,, T e 6 a EAST 1/4 CORNER SECTION 35, T 25 S, R 21 E, SLAT MOAB CITY MONUMENT WELL/PIN NE CORNER SECTION 35. T 25 5, R 21 E 51M. FOUND CCVERNNENT BRASS CAP MONUMENT TA GENIC 0 5/8' REBAR WITH PLASTIC CAP MONUMENT AS NOTED SURVVvOR'S CERTIFICATE I, TIMOTHY M. KEOG. HEREBY CERTIFY THAT I AM A REGISTERED UTAH LAND SURVEYEA, .J THAT I HOLD CERTIFICATE NC. 171004 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HERE- AFTER TO BE KNOWN AS MOAB SPRINGS RANCH P.U.D., PHASE II AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION A PORTION OF PARCEL 1 OF MOAB SPRINGS RANCH PILO, PHASE I, SECTION 35, T 25 S, R 21 E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESC- RIBED AS FOLLOWS: BEGINNING AT A CORNER WHICH BEARS S 77' 32'25"W D51.51 FT. FROM THE NE CORNER SECTION 35, T 25 S, R 21 E. SLM, AND PROCEEDING THENCE S 53'19'51"E 76.36 FT. TO A CORNER, THENCE S 32126'38"E 101.48 FT, TO A CORNER, THENCE S 59'13'17"W 37.87 FT. TO A CORNER, THENCE N 83' 26'46"W 11,10 FT. TO A CORNER, THENCE S 48'29'50"W 13.39 FT. TO A CORNER, THENCE WITH THE NORTHERLY R-O-W OF ICEHOUSE PLACE ALONG THE ARC OF A 194.5E1 FT. RADIUS CURVE TO THE RIGHT 37.82 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 52'10'44"W 37.76 FT.) TO A CORNER. THENCE WITH SAID R-O-W ALONG THE ARC OF A 110.00 ET, 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 75.00 FT. TO THE POINT OF BEGINNING AND CONTAINING 9,814 SO. FEET, MORE OR LESS. EACH CORNER IS MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT. F OaLANq"".. DATE PREPARED BY 45 EAST CENTER STREET MOAB, UTAH 8453.2 DATE: FEBRUARY 6, 2004 CLURLOT2.DWG DRAWN BY: TMK CHECKED BY: -FMK OWNERS & MORTAGEE'S DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT CLUB UTAH RESORT GROUP, L.L.C., 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 IL IN 5MINESS WHEREOF HAVE HEREUNTO SET o.,.r Ga..AS THIS $� DAY OFVA'a.etA A,D., 200.t CLUB UTAH RESORT CROUP L.L.C., OWNER, BY: YJc.� 7 !/(� N ��cy „ ?ovy Y EDWARDS,ryMANTI.-d DATE ZIONS FIRST NATIONAL BANK. TRUSTEE & BENEFICIARY. BY: ORIZED SIGNATURE 3• ft,o�{ DATE NOTARY PUBLIC," SAMANTHA C. HUGHES I Ite S,n. Deal. al"a PO Pc.r Y Pen clry N SIMI My Cammfeelan opts, ACM 10.200. STATE. OF UTAH ACKNOWLEDGMENTS STATE OF UTAH COUNTY OFIf.i.e ..,r S.S. ON THE DAY OF A1G+r7:i, AD 20 04 PERSONALLY APPEARED BEFORE ME McKAY EDWARDS AND PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES) IS (ARE) SUBSCRIBED TO THIS INSTRUMENT, AND ACKNOWLEDGED THAT HE (SHE/THEY) EXECUTED THE SAME, MY COMMISSION EXPIRES 4-3d'N..- NOTARY PUBIC RESIDING IN {yc-lr..rl„¢- COUNTY STATE OF UTAH COUNTY OF.Su+nn.t>+- S.S. ON THE DAY O /9144'61i A D 20 04 PERSONALLY APPEARED BEFORE ME-w� %_'��"+�ys�• 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. �+ MY COMMISSION EXPIRES 4'30'6 NO, ARY PUBLIC NOTARYTUBLLC aESIDING IN ,Sjth., OUNTY SAMANTHA C. HUGHES 111.5.0,06 1),4 P08v.�a.s ratty CM lfr saMw F My C"m,maahn Expire• Ap,1139 xme STATE OF UTAH STATE OF UTA COUNTY OF ON THE APPEARED BEE 1R ANO PROVED TO ME ON THE BASIS OF SATISFACTCRY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS (ARE) SUBSCRIBED TO THIS INSTRUMENT, AND ACKNOWLEDGED THAT HE (SHE/THEY) EXECUTED THE SAME. MY COMMISSION EXPIRES A 0 , PERSON ALLY NOTARY PUBLIC RESIDING IN COUNTY E 463Z33 £ oE..21 P Date LB-MAR-200A 11:36am Fee: .34.00 Chece MERLENE KOSHER, Recorder Filed By SAC For CLUB UTAH RESORY GRAND COUNTY CORPORATION COUNTY ENGINEERS APPROVAL APPROVED BY THE GRAND COUNTY ENGINEER 'Nils jes DAY OF NMM.V 20 OH COUNTY CI,y.74,Crai,UAP VAL PRESENTED TO THE'Came_ l'-n V r1 04y t.THIS_A DAY OF AD . SUBDIVISION APPROVED. ATTEST COUNTY AIRMAN, G' •ND COUNTY COUNCIL COUNTY RECORDER NO. STATE OF UTAH, CO. OF Gr..,d RECORDED AT THE RECUEST OF CI"h /U�4i. ResoA (I.re.ap L.L.C• DATE 321.th TIME 17i3r. AA1. BOOK G21 PAGE 70_5 FEE 31 34.0(7 yc,iz37 :11•.1s�n NInc4.,er COUTN Y RECORDER lx•r}V Rera,ai.r f' f �` PROPOSED CITY SEINER LINES APRIL 2004 EXHIBIT "E" OR■® 400 200 0 es0 SCALE le FEET PROPOSED SEWER LINE — NORTH CORRIDOR PROPOSED SEWER LINE — 2004 SEWER DESIGN CONNECTION/FLOW SUMMARY Raid Cow rdd Raslde ffol Taal Service Area (Acres) ERA QxnmdM Service Mr* Conic:f Service ERIh L1,eerdhe began Area (Acres) ERlN Arco (Acre& Ano (Acres) Me ' Arco (Acne Arse Maul EARS Rayne Wed 3.6 110 D 0 3.6 110 '�901 I .1.6 _ 00 0 0 ,!S 110 21,7 630 4.6 20 26.1 GM1 2 25.5 760 is t0 ' ESt9 7e0 110 IEJ 360 _ )1.9 60 24.0 VD 3 I.+ 11tD 16.5 60 5.79 Imo 620 Ila sin_ - 25.0 130 16,0 460 _ * _ 4e.4 1450 41.5 210 e99 1660 e60 _ 16S 500 36.7 MD Oil 690 ti 64.9 1950 fez see H34 2340 1220 ?a 230 r37:6 790 167.2 10e0 _ T4.5 2240 235A ;ma Mais4>'e rrert Till NATURE LONSEAVAA-CY C 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' f N EX. •IBIT "G" PHASE 1,11 & HI SUBDIVISION IMPRC v EMENTS TRACT B 1.02 AC RESTRICTED PER NOTE #1 6.4. 91-'1,5LEEtIE- fg-tb F urines- ptIDNE ElcorkA 1 -6. COMI1 RESTRICTED .',PER NOTE # -eiNe mmucla V I-1_ -al (1941 -IT.M. 11120.1111V 7 .11 W.L 1--fr OMNI -emr C ' • I t I PARCEL I LLA. - -2.16 -AC- - FUTURE PHASES 43 F 7UtiC Star e,,GE 1)E3 UTAH RESORT QROUP STAURANT/COMMERCIAL ARCEL C-3 ZONED X) 6, -TA\ Cr), Lt'P kCSIAUAA4T / , ,•• 4! , - • , ) . 1 0 ,-,6* S. S. 4 7 an' rye PIA)/ -. /13 L,„r -s! s r.r.lcyx w/a kuG • 01/1-1-*€ Cf l f ?LIPS. _ DETKNIVON POND 4t---- 0 ■s 11+-Dat-1. 6 A 10 u, „Las- N 173 • 77,),ef C 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] L 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 1C)-la-off Mayor David L. Sakrison Date A Retchel Elrison rity•'Recotder ss Club litati-Resdrt Group L.L.C. By: ?' Mc -Ed-wards Manager Date State of Utah ) County of Grand ) On the a,`� day of nui- v6ems- , personally appeared before me = r)ciVi d L • Sagy s my-% M or,ulo OY • , who duly acknowledged to me that they executed the RACHEL E, ELL1: N Klotz ry Public Sizie pt Utah My Corm. ExplrusJun 2,20D5 115+h �riscs4.11sUT My Commission Expires: Ep State of Utah }? C County of Grand„ Notary Public Residing in: Grand County [Continued on next page] L. 5 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 G04 On the day of ACI.X441 , pe"sonally appeared before me _ l� . who duly acknowledged to me that)tnegexecuted the same. My Commission Expires: "i z_c)a REBECCA D. LEVANG Notary Public State of Utai zoos My Commission E July 92o E Silva' Sage Dr. Park C , UT 84 : UE-ec Notary Public V20f_ Residing in: Grand County- Q.zie- _� [Exhibit A attached] 3 E .4 6 5 aF.$. 0 kr.:k B 0 dam. ,-.5 6' 3El DPIAV3,1.0 A3338311 °Mug r:toll dish to etst8 800i ,X yfuL ssrbx3 noiaeimmo3 M *8 Ty itiaq .� a sZ itvti2 3 OS