HomeMy Public PortalAboutRES-CC-2022-23RESOLUTION NO. 2022-23
A RESOLUTION OF MOAB CITY COUNCIL
ADOPTING THE EXTENSION OF A
PROTECTION STRIP DEDICATION
RECITALS
WHEREAS the City of Moab ("the City) has reviewed the Protection Strip
Dedication agreement, recorded June 11, 2010, between the parties, Grantors Dennis and
Patricia Byrd, and Moab City.
WHEREAS the City has determined the Protection Strip Dedication agreement,
attached as Exhibit A, should be extended for twelve (12) years, until 2034.
WHEREAS the City desires to approve the Extension of Protection Strip
Dedication, attached as Exhibit B, which incorporates the language of Exhibit A and
with an extension for twelve years from the date the agreement is recorded with the
Grand County Recorder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
MOAB:
Section 1. Extension of Protection Strip Dedication. The attached Extension of
Protection Strip Dedication ("the Extension") is adopted by the City and attached as
Exhibit B.
Section 2. Recordation. City staff is instructed to file the Extension with the City
Recorder and Grand County Recorder.
Section 3. Effective Date. This Resolution hereby adopted is effective August 23,
2022, and the Extension is effective upon written execution by both parties and
recordation.
[execution on following page]
ADOPTED this? `u days of Aug u t 2022:
CITY OF MOAB
By:
ATTEST
ears; City Recorder
t.
Coca cal Member Taylor
Co m.cii Member Wojelechowski
:
Council Member Jones
Council Member Derasary
°cacaa� aye.
voting aye
voting aye
voting nay
EXHIBIT A
Protection Strip Dedication
June 11, 2010
EXHIBIT A
PROTECTION STRIP DEDICATION
In exchange for valuable consideration, the sufficiency of which is acknowledged,
Dennis E. and Patricia Byrd ("Grantor") hereby executes and records this Protection Strip
Dedication as follows.
I. RECITALS
a. Grantor is the owner of a tract of land in Grand County, Utah, commonly known
as the Preserve Subdivision (the "Subdivision"), shown in Exhibit A and more
particularly described in Exhibit B. The Subdivision has been approved by the City of
Moab ("City").
b. Grantor will construct certain public improvements, including Byrd Avenue,
which will benefit the Subdivision, but which may benefit adjacent parcels which are
undeveloped at this time.
c. This Protection Strip Dedication is intended to bind the properties described as a
covenant running with the land, and provide a mechanism by which Grantor may be
reimbursed for a portion of construction costs for road improvements when or if adjacent
properties develop.
II. DEDICATION
1. Incorporation of Recitals. The above Recitals are incorporated by reference.
2. Creation of Protection Strips. Grantor hereby creates and establishes TRACT A
and TRACT B (as depicted in Exhibit A), according to the official plat of the Preserve
Subdivision as tracts subject to this Protection Strip Dedication. Grantor shall retain
ownership of both tracts, subject to the requirements herein. No other person shall be
entitled to use or otherwise occupy these tracts, except as set forth below.
3. Conveyance of Protection Strips. Grantor hereby agrees to convey, via special
warranty deed, all or a portion of Tract A or Tract B to the owner(s) of any adjacent
parcel ("Adjacent Owner") for the purposes of creating legal access to a public road
and/or for connection to public utilities within public road rights -of -way, upon payment
of the sum specified in this Dedication. The Adjacent Owner shall have the right, but not
the obligation, to purchase all or a portion of Tract A or Tract B, subject to the provisions
of this Dedication. In exchange for the conveyance of a deed to all or a portion of Tract
A or Tract B, the Adjacent Owner shall pay to the Grantor a sum equal to the following
defined values: a) the Tract Value, plus b) the Proportionate Road Cost.
a. The Tract Value shall be defined as the fair market value of the area to be
conveyed in Tract A or Tract B, per square foot, based upon the price per square
foot of the most recent lot sale in the Subdivision (excluding the sale of a
completed home and lot).
Ent 495137 Bk 761 P 2.p2
Date: ii -3t W eO10 e:2 :44P11
Fee: None
Filed By: JAC
MERLENE I1OSHER DALTON Recorder
GRAND COUNTY CORPORATION
Far: MOAN CITY
b. The Proportionate Road Cost shall be defined to be a value, the numerator
of which is the distance in feet of the street frontage of the tract to be conveyed,
and the denominator of which shall be 660 linear feet (the length of B yrd Avenue
between the Subdivision entrance and the boundary of Lot 53B) multiplied by
the total cost for paving, curb, gutter, and sidewalk for that segment of Byrd
Avenue, multiplied by one half. The current estimate for the total cost for paving,
curb, gutter and sidewalk for that segment of Byrd Avenue is $71,800, but actual
costs will be used to calculate the Proportionate Road Cost. Added to that figure
shall be interest at the rate of five percent (5%) per annum from the date of
recording, above, until the date of the sales closing, which sum shall equal the
Proportionate Road Cost.
4. Calculation of Sale Price, Disputes. Grantor shall provide all calculations and
supporting documents for the determination of the Tract Value and the Proportionate
Road Cost to the Adjacent Owner prior closing. In the event of any dispute as to the
sales price, the parties shall each submit their calculations and supporting documents to
the City Manager of the City of Moab for determination, and the City Manager's decision
shall be final and binding.
5. Duration, Vesting in City. This Dedication shall continue for a period of twelve
(12) years from the date of recording, following which it will automatically terminate,
unless the duration is extended in writing by Grantor and the City prior to the termination
date. In the event that all or any portion of Tract A or Tract B has not been conveyed
pursuant to this Dedication to one or more of the Adjacent Owners prior to the
termination date, then the balance of those tracts shall immediately be deemed to vest in,
and be owned in fee simple, by the City of Moab.
6. Maintenance. Grantor shall reasonably maintain Tract A and Tract B for the
duration of its ownership of same. Reasonable maintenance shall include installation of
landscaping and keeping the tracts free of weeds, debris, or other obstructions.
7. Covenant Running With Lands. This Dedication shall run with the land and be
binding upon the Grantor, its successors, and assigns in title, and shall operate for the use
benefit of the Adjacent Owners and, if applicable, the City.
8. Release. This Dedication is entered into as an accommodation by the City of
Moab with respect to development costs incurred by the Grantor incident to the .
subdivision process. As such, Grantor hereby releases and holds the City harmless with
respect to any claim, damages, losses, or liabilities, however denominated, arising from
this Dedication or any act or omission of the City, its agents, officials, or employees, in
the administration of same. This Dedication shall not be construed to be a waiver of any
statutory or other immunities held by the City as a governmental entity.
9. Governing Law, Venue. Utah law governs this Dedication. Venue for any
dispute arising from this document shall be in the courts of Grand County, Utah.
Ent 495137 Bk 0761 Pg 0103
10. Enforcement. In the event that any party bound by this Dedication should fail or
refuse to carry out its obligations, or should a dispute arise concerning the interpretation
of this Dedication, the affected person may obtain specific performance, together with
actual damages resulting from any breach. In any dispute arising from this Dedication
the prevailing party shall be entitled to recover its reasonable attorney fees and court
costs, in addition to any other relief.
Grantor has executed this Dedication as of the date set forth below.
TOR:
Dennis E. Byrd, ri
(1
Patricia B. Byrd
STATE OF UTAH )
)s.s.
COUNTY OF GRAND )
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The foregoing Dedication was executed before me by � 4 1 this
2--\ day of WP \ , 2010. Witness my hand and official seal. My commission
expires: \ \ k -k • 'Zo �.
Notary Public, State of Utah
Approved by the City of Moab as set forth below.
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Attest: �.
Racket' !Ellikii, City Recorder Date
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Exhibit B
Legal Description of Property Included in Preserve Subdivision, Phase I
PARCEL OF LAND WITHIN THE SE 1/4 OF SECTION 35, T 25'S, R 21 E, SLM, MOAB
CITY, GRAND COUNTY, UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE SE1/a OF SECTION 35, SAID
POINT BEARS S 00°31'11" W 594,00 FT. FROM THE EAST 1A CORNER OF SECTION35, T
25 S, R 21 E, SLM, AND PROCEEDING THENCE WITH THE EAST LINE OF SAID
SECTION 35 S 00°31'11" W 107.81 Fr'., THENCE S 89°55'00"W 660.27 FT., THENCE N 00°
31'11" E 1.00 FT., THENCE N 89°53' 12"E 23.49FT., THENCE N 00°00' 16"E 184.30 FT., TO
A CORNER, THENCE S 85°25'32"W 21.86 FT. TO A CORNER, THENCE N 00°3I'00"E
188.19 FT. TO A CORNER, THENCE N 89°55'00" E 330.10 FT. TO A CORNER, THENCE S
00°31'00"W 264.00 FT., TO A CORNER, THENCE N 89°55'00"E 330.10 FT., TO THE POINT
OF BEGINNING AND CONTAINING 3.54 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE EAST LINE OF THE SE1/ OF SECTION 35 (BEARING
FROM VALLEY CONTROL DATUM=S 00°31'11"W).
Ent 495137 Bk 0761 Pg 0106
EXHIBIT B
Extension of Protection Strip Dedication
August 23, 2022
EXTENSION OF PROTECTION STRIP DEDICATION
RECITALS
WHEREAS the Protection Strip Dedication ("Dedication") was recorded by the Grand County
Recorder on June 11, 2010, as executed between Moab City and the Grantors Dennis and Patricia
Byrd (the Parties);
WHEREAS the Dedication provides it will continue for twelve (12) years from the date of the
recording, following which it will automatically terminate unless the duration is extended in
writing by Grantor and Moab City prior to the termination date;
WHEREAS the automatic termination date was June 11, 2022;
WHEREAS Moab City and the Grantors agreed to extend the Dedication for ninety (90) days from
the date of termination until September 8, 2022, to discuss options to benefit both parties;
WHEREAS Moab City and the Grantors met on August 10, 2022, to discuss the mutual benefits
and promises in the Dedication;
WHEREAS the Dedication benefits both parties, if extended, because Moab City preserves
connection to public utilities and roadway access and Grantors may pursue a calculated
reimbursement for the Preserve Subdivision's road construction costs from future adjacent
property owners;
WHEREAS the original Property Strip Dedication is attached as Exhibit A which shows the
complete Dedication agreement with the termination date and extension language in paragraph 5;
and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows:
AGREEMENT
1. Property Strip Dedication. The parties, Moab City and Grantors Dennis and Patricia
Byrd, agree to extend the Dedication for twelve (12) years.
2. Duration, Vesting in City. In the event that all or any portion of Tract A or Tract B has
not been conveyed pursuant to this extended Dedication to one or more of the Adjacent
Owners prior to new termination date, then the balance of those tracts shall immediately
be deemed to vest in, and be owned in fee simple, by Moab City.
[Signatures on following page — remainder of page left intentionally blank]
Grantors have executed this extension to this Dedication for twelve (12) years as of the
date set forth below.
GRANTORS:
DENNIS E. BYRD, JR. DATE
PATRICIA B. BYRD DATE
STATE OF UTAH )
)S.S.
COUNTY OF GRAND )
The foregoing Extension of Dedication was executed before by
this day of , 2022. Witness my
hand and official seal. My commission expires:
Notary Public, State of Utah
Approved by the City of Moab as set forth below.
CITY OF MOAB:
Mayor Joette Langianese
Attest:
Sommar Johnson, City Recorder Date
2