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D 24-NO'V-2004 12g32pm
Fee: No Fee Cash
MERLENE MOSHL-R, Recorder
Filed BY MN
FOT GRAND COUNTY
TY
GRAND COUNTY CORPORATION
MOAB AREA PARTNERSHIP FOR SENIORS
RESTRICTIVE COVENANT
For valuable consideration, the sufficiency of which is hereby acknowledged, Grand County,
Utah ("County"), Moab Valley Health Care, Inc. (MVHC), the Grand County Hospital Service
District ("District:"), and the City of Moab ("City"), hereby grant and accept conveyance of this
restrictive covenant as follows:
a.
b.
I. RECITALS.
The Parties identified above have engaged in a collaborative process to
plan for and develop a senior center and related health care and
community facilities on the lands described herein, which are located
within the City of Moab.
It is the intention of the Parties that this covenant shall govern future
development by creating development standards and design guidelines in
addition to those requirements applicable pursuant to the City's Municipal
Code.
c. This covenant is intended to run with the lands described, and shall be
enforceable by all, or any, of the Parties described, and no other persons.
II. COVENANT.
1 The real property (herein: "the Property") described below shall be subject to the
terms and conditions of this Restrictive Covenant:
Hospital Parcel
DESCRIPTION OF A PARCEL OF LAND IN SECTION 1, T 26 S, R 21 E, S.L.M., GRAND
COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a point which bears S 0°49'E 1022.3 ft. thence S 0°39'W 269.93 ft. from the
NW Corner Section 1, T 26 S, R 21 E, S.L.M., and proceeding thence East 1011.97 ft., thence S
0`581E 512.48 ft. to a Corner, thence S 88°52'W 1027.0 ft, to a Corner, thence N 0'39'E 532.86
ft. to the point of beginning and containing 12.23 acres, more or less.
Senior Center Parcel
DESCRIPTION OF A PARCEL OF LAND IN THE NW '/ SECTION 1, T 26 S, R 21 E, S.L.M.,
GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a point which bears S 0°49'E 1022.3 ft. from the NW Corner of Section 1, T 26
S, R 21 E, S.L.M., and proceeding thence East 320.2 ft., thence N 0`19'E 132.7 ft., thence with
the South line of Emerald Subdivision S 89'43'E 108.36 ft,, thence South 402.1 ft. thence West
432.42 ft., thence N 0'39'E 269.93 ft. to the point of beginning and containing 3.00 acres, more
or less.
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Hospital Service District (Remainder)
DESCRIPTION OF A PARCEL OF LAND IN THE NW% SECTION 1, T 26 S, R 21 E, S.L.M.,
GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at a Corner which bears S 26°30.30"E 994.60 ft. from the Northwest Corner to
Section 1, T 26 S, R 21 E, S.L.M., and proceeding thence with the South line of Emerald
Subdivision S 89°43'E 217.14 ft. along a fence line to the Southeast Corner of Emerald
Subdivision, thence along the East line of Emerald Subdivision North 442.6 ft. along a fence line
to a Corner, thence N 89°55'E 508.0 ft. to a Corner on the West line of Kerby Subdivision,
thence with the West line of said Kerby Subdivision S 0°34'W 457.7 ft. to the Southwest Corner
of said Kerby Subdivision, thence with the South line of said Kerby Subdivision N 89°53'E 147.6
ft. to a Corner, thence S 0°12'W 423.7 ft. to a Corner, thence N 89°34'W 254.5 ft. to a Corner,
thence S 2°15W 40.7 ft. to a Corner, thence S 89°47'W 29.7 ft. to a Corner, thence N 0°58'W
75.58 ft., thence West 579.55 ft., thence North 402.1 ft. to the point of beginning and containing
13.35 acres, more or less.
2. The Parties entitled to enforce this Restrictive Covenant shall be limited to the
County, MVHC, the District, and the City, as well as any successors in title to all
or part of the Property, or assignees of the named Parties.
3. The Restrictive Covenant shall run with the Property in perpetuity, unless
released or modified upon written consent of all of the then owners of record of
the Property and the City.
4. Site Plan or other land use review by the City of future development within the
Property shall address compliance with this Restrictive Covenant as well as other
applicable codes and standards. The Parties shall also be entitled to review and
comment upon future development applications.
5. In the event that any existing or new development within the Property shall
constitute and actual or threatened violation of this Restrictive Covenant, the
affected Parties may deliver written notice of violation to the owner of the parcel
upon which the violation is located, which notice shall provide for a period of not
less than thirty (30) days in which to cure or abate such violation. If efforts to
seek cure or abatement are unsuccessful, the non -breaching party shall demand
mediation or a settlement conference with the other Parties as a precondition to
seeking judicial relief.
6. Any violation which is not cured by informal means may be abated in an action
seeking injunctive, declaratory, or other legal or equitable relief. In any such
action the court shall award to the substantially prevailing Party reasonable
attorney fees and court costs, in addition to any other equitable relief or damages
resulting from the breach.
7. This Restrictive Covenant shall be construed in accordance with Utah law.
Venue for any judicial proceedings pertaining to this document shall be in the
Courts of Grand County, Utah, and shall be heard solely by the Court, and not a
jury.
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III. DEVELOPMENT STANDARDS.
1. Development of the Property shall adhere to the following Development
Standards:
1.
IV. DEVELOPMENT GUIDELINES
In addition, the Parties agree that future development of the Property should
comply with the following Development Guidelines, which, though they are not
binding, are intended to provide architectural and design guidance for future
phases of development:
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DEVELOPMENT STANDARDS
MOAB AREA PARTNERSHIP FOR SENIORS DEVELOPMENT STANDARDS 4
DEVELOPMENT STANDARDS 4
INTRODUCTION 4
OVERALL CONCEPTS 4
REQUIRED STANDARDS FOR DEVELOPMENT 5
ADHERENCE TO DEVELOPMENT GUIDELINES 5
TRANSPORTATION AND CIRCULATION 5
VEHICLE CIRCULATION 5
PEDESTRIAN AND NON -MOTORIZED CIRCULATION 5
PARKING 5
ACCESSIBILITY AND SAFETY 5
ACCESSIBILITY OF PATHS AND FACILITIES 5
OUTDOOR SEATING 6
LIGHTING 6
OUTDOOR SPACE 6
EXTERIOR SOCIAL GATHERING SPACES 6
BUILDING EXTERIOR SPACE 6
CENTRAL OPEN SPACE 6
LANDSCAPING 6
BUILDINGS- FORM AND FEEL 7
EXTERIOR PERIMETER OF BUILDINGS 7
ENTRANCES 7
COMMON AREAS 7
ACCESSIBILITY, CIRCULATION AND WAYFINDING 7
MATERIALS g
ENERGY EFFICIENCY AND COMFORT g
LIGHTING g
FACILITIES SPECIFIC STANDARDS g
HOSPITAL g
SENIOR/COMMUNITY CENTER g
INDEPENDENT LIVING g
ASSISTED LIVING g
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Development Standards
Introduction
For the Moab Area Partnership for Seniors project at the orchard property, the following
standards are intended to help guide the MAPS committee, architects and developers through
the development process. The development process will likely take many years. These
Development Standards are to ensure the accessibility of the development to residents and the
community and lay out expectations to fulfill the goal of continuity in open space, vegetation,
construction specifications and transportation circulation.
A Development Guidelines Document has also been prepared to further assist developers in
meeting the vision and goals of the MAPS committee and meet the needs of the Moab
community at large. Although the guidelines presented in that document are not requirements,
they do present goals to strive towards in developing the land.
The attached site diagram is a record of the spatial arrangements between buildings, vehicular
and pedestrian circulation, parking and open space agreed to by the MAPS committee. It is not
intended as a site design, but rather to illustrate some of the standards outlined in this
document.
Overall concepts
The following outlines the basic goals behind all the standards that follow.
2. Create a cohesive, integrated series of developments that have a sense of place
through all phases of development.
3. Organize transportation and circulation to minimize vehicle/pedestrian
conflicts, and maximize accessibility.
4. Involve a landscape architect on the design team for each site's
development plans, as required for PUD plan approval, to ensure exterior spaces
connect and are cohesive.
5. Provide continuity throughout the development with pathways, seating
and light standards.
6. Create a multi -generational open space/community park that serves
needs unmet by other parks in the community.
7. Maximize the comfort, safety and use of open space in the MAPS
development.
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Required Standards for Development
Adherence to Development Guidelines
Each developer will adhere to the Development Standards and address the
related Development Guidelines during the design process and in the
implementation of their respective projects.
Transportation and Circulation
Vehicle Circulation
Walking paths and roads will be separated as much as possible. Where
walkways and roads intersect, there will be signs, changes in walkway materials
and crosswalks to alert motorists and pedestrians.
• Vehicle access to buildings and parking areas will come from perimeter roads.
No roadways will go through central open space.
• Service areas will be screened from view, or otherwise designed to avoid a "back
alley" appearance.
• The hospital will have its own emergency access for use only by emergency
vehicles.
Pedestrian and non -motorized Circulation
Provide access to central open space from all facilities.
Each developer will negotiate an easement with the city to provide for the linking
of city bike and pedestrian paths to pathways within the development.
Walking and bike paths will link to other city pathways and streets.
Develop a circulation system for pedestrians and for bicycles.
Parking
Buildings will have a covered drop off area that is within 20 feet of main
entrances.
• Parking will be shared between facilities whenever possible.
Large lots with no landscaping are discouraged as per code. Smaller lots broken
up by landscaped areas are encouraged.
• Some parking will be positioned close to front entrances of the facilities.
Additional parking will be placed near other entrances where possible.
• Some parking near buildings will be designated with signs as "seniors only'.
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Accessibility and Safety
Accessibility of paths and facilities
• There will be a route linking to City Streets and pathways that will be accessible
to strollers, wheelchairs and people with disabilities.
• Create a way finding system to help users orient themselves. Use a basic
organizational plan that is easy to recognize. Use signage that is easy to read.
• Use both ramps and stairs where abrupt elevation changes are necessary.
Outdoor Seating
Lighting
•
Public seating areas near facilities will provide a variety of seating options that
include benches with armrests, backrests and handrests to assist in getting out of
the seat. The highest concentration of these seats will be near facilities, and
some will be provided in other areas.
Each development will provide a lighting plan to ensure that lighting in overall
development promotes security and continuity.
Full cut-off lighting will be used for all outdoor lighting.
Outdoor Space
Exterior Social Gathering Spaces
•
•
Some indoor spaces should look out upon outdoor spaces, and have screened in
areas or porches.
Public seating areas and gathering spaces will be in locations frequented often,
accessible and visible from facilities so as to promote feeling of safety.
Building Exterior Space
Building and landscape design and placement will be considered so that no
facility dominates the open space. Conflicting uses between facilities will be
considered and mitigated for during the design process of each development.
Central Open Space
• A landscape architect will be on the design team for each site's development
plans to help link each facility to the central open space.
• All facilities will participate in investigating a cooperative agreement for the
coordination, development and maintenance of the central open space.
• There will be a central, multi -purpose outdoor space for use by all three facilities
and the general public.
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" T h e r e w i l l b e w a t e r f o u n t a i n s , s e a t i n g a r e a s a n d t r a s h r e c e p t a c l e s .
" E n t r i e s t o c e n t r a l o p e n s p a c e w i l l c o i n c i d e w i t h b i k e t r a i l s , b i k e u n d e r p a s s e s ,
c r o s s w a l k s a n d r o a d s .
" C e n t r a l o p e n s p a c e w i l l b e a c c e s s i b l e f r o m a l l f a c i l i t i e s , 5 0 0 W e s t a n d W i l l i a m '