APRIL 23, 2020 3/$11,1*&200,66,21 0((7,1* 3 0 - Utah
Transcript of APRIL 23, 2020 3/$11,1*&200,66,21 0((7,1* 3 0 - Utah
APRIL 23, 2020 PLANNING COMMISSION MEETING 6:00 P.M.
Per Executive Order 2020-5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may
be viewed on the City's YouTube channel:https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA.
An anchor location will not be provided.
To submit written comments prior to the meeting, please email the Planning Commission at [email protected]. To ensure that the Planning
Commission has the opportunity to review written comments prior to the meeting, written comments will only be accepted until 5 pm the day prior to the public
hearing.
Call To Order
Citizens To Be Heard
Approval Of Minutes
PC-MIN-202020-01-23 FINAL DRAFT.PDF
Planning Director's Report
DIRECTORS REPORT 4.23.2020.PDFMOAB CITY PLANNING COMMISSION BYLAWS AS ADOPTED 2018.PDF
Public Hearing
Action Item - Public Hearing And Recommendation To City Council On Ordinance #2020-12 - Approving A Zoning Map Amendment For Property Located At 191 Walnut Lane Moab UT 84532, Amending The Split Zoned Parcel From R-2 Single-Household And Two-Household Residential Zone And R-4 Manufactured Housing Residential Zone, To Only R-4 Manufactured Housing Residential Zone; And Amending The City Of Moab Official Zoning Map.
PC NELSON COURT REZONE AGENDA SUMMARY 042320.PDFEXHIBIT A ORDINANCE 2020-12 NELSON COURT REZONE.PDFEXHIBIT B PLAT.PDFEXHIBIT C CONTEXT ZONING MAP.PDFEXHIBIT D VACINITY MAP.PDF
Action Item
Action Item - Review And Possible Approval Of Planning Commission Resolution 03-2020 – A Resolution Approving The Condominium Conversion Of The Bungalows At 200 North Located At 53 East 200 North, 55 East 200 North, 57 East 200 North, 59 East 200 North.
PC AGENDA SUMMARY 4.23.2020 KNIGHT.PDFEXHIBIT 1 PLANNING RESOLUTION 03-2020.PDFEXHIBIT 2 KNIGHT BUNGALOWS LOCATION MAP.JPGEXHIBIT 3 AERIAL PHOTO.JPGEXHIBIT 4 APPLICATION FORM.PDFEXHIBIT 5 LETTERS TO TENANTS.PDFEXHIBIT 6 KNIGHT BUNGALOWS PLAT.PDFEXHIBIT 7 CONDO CONVERSION CODE REQUIREMENT.PDFEXHIBIT 8 CONDOMINIUM DECLARATION (MOAB)-3.PDF
Discussion Item - Overnight Accommodations Reboot
Future Agenda Items
Adjournment
1. 6:00 P.M.
2.
3.
Documents:
4.
Documents:
5.
5.1.
Documents:
6.
6.1.
Documents:
7.
8.
9.
APRIL 23, 2020 PLANNING COMMISSION MEETING 6:00 P.M.
Per Executive Order 2020-5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may
be viewed on the City's YouTube channel:https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA.
An anchor location will not be provided.
To submit written comments prior to the meeting, please email the Planning Commission at [email protected]. To ensure that the Planning
Commission has the opportunity to review written comments prior to the meeting, written comments will only be accepted until 5 pm the day prior to the public
hearing.
Call To Order
Citizens To Be Heard
Approval Of Minutes
PC-MIN-202020-01-23 FINAL DRAFT.PDF
Planning Director's Report
DIRECTORS REPORT 4.23.2020.PDFMOAB CITY PLANNING COMMISSION BYLAWS AS ADOPTED 2018.PDF
Public Hearing
Action Item - Public Hearing And Recommendation To City Council On Ordinance #2020-12 - Approving A Zoning Map Amendment For Property Located At 191 Walnut Lane Moab UT 84532, Amending The Split Zoned Parcel From R-2 Single-Household And Two-Household Residential Zone And R-4 Manufactured Housing Residential Zone, To Only R-4 Manufactured Housing Residential Zone; And Amending The City Of Moab Official Zoning Map.
PC NELSON COURT REZONE AGENDA SUMMARY 042320.PDFEXHIBIT A ORDINANCE 2020-12 NELSON COURT REZONE.PDFEXHIBIT B PLAT.PDFEXHIBIT C CONTEXT ZONING MAP.PDFEXHIBIT D VACINITY MAP.PDF
Action Item
Action Item - Review And Possible Approval Of Planning Commission Resolution 03-2020 – A Resolution Approving The Condominium Conversion Of The Bungalows At 200 North Located At 53 East 200 North, 55 East 200 North, 57 East 200 North, 59 East 200 North.
PC AGENDA SUMMARY 4.23.2020 KNIGHT.PDFEXHIBIT 1 PLANNING RESOLUTION 03-2020.PDFEXHIBIT 2 KNIGHT BUNGALOWS LOCATION MAP.JPGEXHIBIT 3 AERIAL PHOTO.JPGEXHIBIT 4 APPLICATION FORM.PDFEXHIBIT 5 LETTERS TO TENANTS.PDFEXHIBIT 6 KNIGHT BUNGALOWS PLAT.PDFEXHIBIT 7 CONDO CONVERSION CODE REQUIREMENT.PDFEXHIBIT 8 CONDOMINIUM DECLARATION (MOAB)-3.PDF
Discussion Item - Overnight Accommodations Reboot
Future Agenda Items
Adjournment
1. 6:00 P.M.
2.
3.
Documents:
4.
Documents:
5.
5.1.
Documents:
6.
6.1.
Documents:
7.
8.
9.
Page 1 of 9January 23, 2019
MOAB CITY PLANNING COMMISSION WORKSHOP
MEETING MINUTES—DRAFT
JANUARY 23, 2020
The Moab Planning Commission held a workshop and a regular meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street. An audio recording of the evening meeting is archived at: https://www.utah.gov/pmn/index.html and a video recording is archived at: https://www.youtube.com/watch?v=x_6ooLnzWAE.
Planning Commission Chair Pro Tem Kya Marienfeld called the regular meeting to order at 6:00 PM. Commission members Kya Marienfeld, Marianne Becnel, Brian Ballard, Luke Wojciechowski and Jessica O’Leary were present. Commission member Becky Wells was absent. Staff in attendance were City Planning Director Nora Shepard, Assistant Planner Cory Shurtleff and Deputy Recorder Joey Allred. Four members of the public and media were present.
Election of Chair and Vice Chair:Discussion: There was no discussion.Motion and vote: Commission member Ballard moved to approve Kya Marienfeld as Planning Commission Chair for 2020. Commission member O’Leary seconded the motion. The motion passed 5-0 with commission members Becnel, Ballard, Wojciechowski, Marienfeld and O’Leary voting aye. Commission member Ballard moved to approve Marianne Becnel as Planning Commission Vice-Chair. Commission member O’Leary seconded the motion. The motion passed 5-0 with Commission members Becnel, Ballard, Wojciechowski, Marienfeld and O’Leary voting aye.
February Planning Commission Meeting Dates:City Planning Director Shepard explained that she had wanted to adjust the meeting dates for February, but that due to various conflicts, the meeting dates would remain on February 13th and 27th of 2020.
Shepard announced that there would be a Utah Chapter of the American Planning Association Conference at the Hoodoo in Moab on February 26-28, 2019 if any of them would like to attend. She explained what such an event entailed.
The Commission made introductions around the table.
Approval Of the June 27, 2019, July 3, 2019, August 22, 2019, September 12,2019, September 26, 2019, October 10, 2019, November 7, 2019, November 21, 2019 and December 12, 2019 meeting minutes:Discussion: There was no discussion.Motion and vote: Commission member Becnel moved to approve the minutes from June 27, 2019, July 3, 2019, August 22, 2019, September 12,2019, September 26, 2019, October 10, 2019, November 21, 2019 and December 12, 2019. Commission member Ballard seconded the motion. The motion passed 5-0with Commission members Becnel, Ballard, Wojciechowski, Marienfeld and O’Leary voting aye. Commission member Ballard moved to approve the minutes from November 7, 2019. Commission member O’Leary seconded the motion The motion passed 5-0 with Commission members Becnel, Ballard, Wojciechowski, Marienfeld and O’Leary voting aye.
Citizens To Be Heard:There were no citizens to be heard.
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Public Hearing:Shepard explained to the Commission and the public that as the last meeting had been cancelled due to the lack of a quorum, the public hearing would need to be re-noticed and a new public hearing scheduled.However, the Commission would still hear from the members of the public that were present.
Public Hearing And Possible Recommendation To The City Council-An Ordinance Amending The City Of Moab Municipal Code Section 17.69.050(E) To Modify The Minimum Square Footage For Construction of Workforce Housing Units From 1,000 Square Feet To A Minimum Of 400 Square Feet:Discussion: Shepard said, “I’m gonna ask you to open the public hearing, listen to the presentation and take public input and then I’m gonna ask you to continue the public hearing because by the time we cancelled the last meeting due to lack of a quorum, it was too late to notice this meeting, because of when she would have needed to get the notices to the newspaper. So, it has been officially re-noticed for the next meeting. She said, “So, we will, we’ll ask you to continue the public hearing and then take action at that time. And I apologized to the applicant for that. It’s just one of those timing issues that we run into.”
Shepard then gave a brief history of the Assured Workforce Housing Ordinance that required not less than 1,000 square feet per unit and the fee in lieu option. The Henry Shaw Hotel wants to build smaller Assured Workforce Housing units on site. Commission Chair Marienfeld asked where Council was on thisissue because the increase was made at that level and Shepard told her that the subject was brought up at a Council meeting and they would be willing to entertain it.
Commission Chair Marienfeld opened the unofficial public hearing at 6:17 PM. On the Ordinance Amending The City Of Moab Municipal Code Section 17.69.050(E) To Modify The Minimum Square Footage For Construction of Workforce Housing Units From 1,000 Square Feet To A Minimum Of 400 Square Feet.
It was noted that one letter had been sent in on this issue.
Elizabeth Boone- Provided a presentation and said, “I’m Elizabeth Boone the architect of the Reynolds Ash and Associates and I’m the architect that’s working on the Henry Shaw Hotel and we’ve been working on the Henry Shaw Hotel since 2015. So, this has been a project in our office for a while and during this process we encountered the Workforce Housing Ordinance which passed, and we’ve been working to adopt it in a way that still pencils for the project. So, my critique of the 1,000 square foot unitsand the reason why it hasn’t been executed to date, and everyone’s paying the fee in lieu of, is because it doesn’t pencil. So, the cost of building these units, it’s cheaper for the developers to just pay the fee in lieuand move on than to actually provide you guys with the units. And so, one critique is that, you know, nowall the units are concentrated into one location that the City controls versus sort of a variety of units throughout town on the same site as say, people that are working and could be living there to their benefit. So with that being said, I also wanted to share with you some typical apartment size samples from some projects that we’ve been involved with over the last few years and I would also like to note thatthere has been a downward trend in apartment sizes in the last ten years and we’re seeing a decrease of up to 12% in some cities and so people are accommodating smaller lifestyles with the benefit of being, you know, in a more walkable area, or having proximity to other amenities. So, this is actually a project that I’m working on in Gilbert and I wanted to point out the studio unit at 423 net square feet on the left side of that drawing. You go to the next one. This is a project that was just completed in Durango. This building is 100% sold. Very high demand for these types of units in Durango. This was not an affordable project by any means and sort of just market rate sales and the studio unit there is 392 net square feet. This one’s actually under construction in Durango right now and this is a series of studio units only and
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these are each at 442 net square feet. We had such success with the previous project that really saw a position in the market for these 400 net square feet units and that was sort of the driver on this project. And then I wanted to also show the proposed design for the units at the Henry Shaw Hotel. So, these are 394 net square feet, 437 gross square feet, so that includes all the perimeter walls and there’s a couple little 3-D’s of, you know a little kitchenette, as dining area, a bed. This could potentially be a murphy bed and then a closet with a full bath. So, very livable. And then, if you go to the final slide, this is actually the apartment that I lived in for five years in Manhattan and it’s 278 square feet, and I think one of the critiques that we saw in this letter was that, how do people entertain and have enough space in these small unites and, certainly after living in this unit, I didn’t and my neighbors didn’t have any issues entertaining and still living a full life in 278 square feet. And so, while we’re not in a major city like New York who is setting small unit trends. They recently built a micro apartment for similar type of workforce housing and veteran’s housing and their apartment ranges were 150 to 400 square feet. So, we’re not quite that extreme, but we do want to be reasonable about what is the baseline? And 1,000 feet feels very generous and I think that there’s room to reduce that to make it work for the development. I’ll take any questions.” Commission Chair Marienfeld said, “all right, thank you. Does anyone have any questions?” Commission Member Ballard said, “I have a question. And so, your purpose of being here is to share all of this because you’re proposing?” Shepard said, “they’re proposing to do that.” Boone asked, “can we go back three slides, I believe? This is what we’re proposing. I think what I wanted to do was show a palette of successful apartments in the 400 square foot range. Also share our 400 square foot workforce housing proposal. The cost of building this to us is about the same as the fee in lieu of.” Commission Member Ballard said, “that’s good.” Boone said, “we prefer to build campus availability on our site, but unless we have this reduction, we can’t do that.” Commission Member Ballard said, “so, that’s where we’re at here. So, you’re in favor of all this?” Shepard said, “Yes.” Commission member Ballard said, “That’s great.” Commission Chair Marienfeld said, “thank you, Elizabeth.”
Commission Chair Marienfeld asked, “Okay, do we have anyone else for the public hearing tonight on this issue tonight, and it will be continued.” Shepard said, “Yeah.” Commission Chair Marienfeld said, “To our February 13th meeting.” Shepard said, “Absolutely. And certainly, you can discuss it, but people will have the opportunity and did receive a public comment which is forwarded to you. Commission Chair Marienfeld said, “Thank you. Okay, so I will continue the public hearing if anyone would like to discuss things now just to kind of get a general temperature before we do more public comment potentially in three weeks. If that works on our schedule tonight? Maybe take just a few minutes.”
Commission Member Becnel said, “sure, let’s just crunch some numbers. How many square feet is the Henry Shaw Hotel?” Boone answered, “we’re at 113,000.” Commission Member Becnel asked, “15.57 per square foot is your fee in lieu, is that right?” Shepard answered, “Yeah.” Commission Chair Becnel asked, “so, you’re at $1,759,410.00?” Boone answered, “Yep.” Commission Member Becnel asked, “what’s the cost per square footage for you build affordable housing?” Boone answered, “$250.00 per square foot.” Commission Member Becnel said, “Bull shit.” Commission Chair Marienfeld said, “Whoa.” Commission Member Becnel said, “pardon my French, but that’s not true.” Commission Member Ballard said, “now wait a second, say that again? Commission Member Marienfeld said, “alright, pause. I think we need to. Everybody just, like take a minute because we, we don’t need cursing to the public on the record.” Commission Member Ballard said, “no, no, no, you might be right if you’re talking about land use, all thatkind of stuff. Okay, so she’s probably right, okay? So, I think the question was asking is per square foot for building that size and we’re thinking what, you’ve got 30 units in there or something, I don’t know.” Boone answered, “11.” Commission Member Ballard said, “okay, 11. So that square footage is going to go down, right? Do you have, does she have to build on the site to do this, or can she build them anywhere?” Shepard answered, “They can build them anywhere, but they have chosen to go this route.” Commission Member Ballard said, “Yeah, okay. That’s good, I’m just, just curious about that. So, I have another
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leading question on that, as well. For us. Okay, and that is that since this proposal is in front of us at 400 square feet, can I, if I owned a motel, could I build that unit anywhere in town?” Shepard and Commission Chair Marienfeld answered, “Yes.” Commission Member Ballard said, “okay, on a 1,000 square foot piece of ground?” Shepard answered, “Yes, you would have to build it, and this is another thing we have to fix in the code, and probably deed it the City or a public entity.” Commission Member Ballard said, “well, that’s kind of where I’m going this. So, that needs to be addressed. Although, I like theidea of 400 square feet though, because that makes total sense. You know what I mean? To have that, the small square footage, because if they’re required to provide housing, they don’t have to be required to build something huge to have a huge family. They’re meeting that requirement, but if they want to build two of them, do they have to have 2,000 square feet if they’re connected?” Shepard said, “I hadn’t thought about that. They could make them 2,000 square feet if they wish.” Commission member Ballard asked, “but, could they do it on less?” Shepard answered, “yes.” Commission Member Ballard asked, “okay, so she’s putting 11 units in there, does she have to have 11,000 square feet to put that in or can she do it on their much smaller base?” Shepard said, “the way this is proposed, they could be smaller units.” Commission Member Ballard said, “Smaller units, smaller property and that’s kind of where she was heading.” Shepard said, “yes. And you’re absolutely right, Maryanne, it’s sort of, it’s kind of cutting them a bread, but it’s also getting them built on site. So, I think from our point of view, if somebody wants to come in and do a motel and they want to put him on site, then cool. And we’re trying to encourage.” Commission Member Marienfeld said, “and we were. I remember the discussion when we were writing and tweaking and passing this ordinance along to City Council last year, was, you know, obviously the, the easy way out is gonna be fee in lieu. It’s simple, it doesn’t require any future involvement on the part of the developer once everything’s done and how are we gonna incentivize some of the things that are gonna get us housing faster? Right now, we do have Walnut Lane, so we actually do have a place that the fee is in lieu is going directly, but we might not have that in a few years. We might not have a project that’s actively happening and if someone owns land already, or if you have a spot to be able to provide that. I mean, this is something we were talking about when we wrote the ordinance in the first place.” Commission Chair Becnel said, “so, pardon my shock factor, but…” Commission Chair Marienfeld said, “We don’t have to go with 400, we don’t have to make that our recommendation. We can tie it to something as Nora was saying.” Commission Member Becnel said, “I’m still talking. Pardon my shock factor with this, but our whole purpose here to be helping our community. How does this project, 200 plus units actually help our community and how many jobs is that creating? According to our housing research, that’s gonna create maybe, like 100 more jobs like housekeepers and maintenance people. Is that really worth 11 units of housing? We’re already behind 1,000 units. So, what I’m saying here is, like let’s look at the bigger picture. We spent three years on affordable workforce housing for a reason and now we finally came to an agreement and we’re talking about this again? And, they can pay the fee in lieu.Fine, they’re not asking for a 60% reduction in a fee in lieu, they’re asking for a price cut on the project where they’re gonna save $500,000.00 + per square footage. I mean. Just do what we asked for. Pay the fee in lieu, but don’t change something that we’ve been working on for three years that we’ve put thousands of hours of eyes and lawyers into. That’s my stance.”
Commission Chair Marienfeld asked, “anyone else have any questions or things to weigh in on? We’ll have a continuation of the public hearing in three weeks and maybe we could get more information by then, too.” Shepard said, “if you need specific information, we’d be happy to generate that for you. Just let me know. Commission Chair Marienfeld said, “I think I would like, maybe for other Commissions to, to think about if there’s a way we could. My inclination at least right now is 1,000 is too big to require. Myhouse, my entire house is 1,000 square feet and I have a three-bedroom, two-bathroom house, so it’s. That’s big. And I think the way things are going, we do want to incentivize actually providing housing as amix. We’re always gonna want a mix, we’re always gonna get the fee in lieu in some way probably continuing with most developments, but if you know you do have a sizable project that’s willing to
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provide something on site, in particular, I think that’s good. 400 square feet does seem small. I’ll be honest, looking at the mock-up of what’s proposed, it seems small as well. So, if there’s some sort of happy medium we could come to where it would still be more of an incentive to provide that immediate housing to the community, but not quite that little if we’re not requiring more units. That, again being a caveat. Potentially we could require more units for a reduction in size too, and this might be something for the architect in the immediate stance to maybe have a sort of frank open conversation with the Planning staff about, say, you know realizing we’re not gonna, you know, hold you to that necessarily, butany input we have because you’re going through this right would be really useful, about what would be feasible? What would tip you back over to fee in lieu? How big would be too big? How many units at how many 450 square foot units would be too many units that would tip you back into fee in lieu. I think because we have a real situation in front of us for the first time with this was really good information, we should take advantage of.” Commission Member O’Leary said, “well, I think it’s also important to recognize some of the big differences between Moab and a city. People are coming to Moab. You know, I first moved here to climb and to ride my bike and you’re gonna have all this gear. People that are coming to live here are gonna have bikes and boats and this and that. So, is there an additional area they have access to to store all their stuff? I mean, we do have a bike theft problem in this town, and we don’t want it to increase.” Shepard said, “Right. So, there are lots of different kinds of people looking for housing in the community and I think most people that, that will working the hotels and motels probably won’t havebikes. They probably won’t have cars. Some of them may have bikes as their only means of transportation. So, if we’re trying to hit very low income, which we’re trying to do, and nobody else is really proposing that, then they probably aren’t here to climb and they’re not here to ride their bikes. They’re here to work and make money. So, this kink of unit is oriented toward that kind of person and not the kind of person like you and me, who, yeah, we have lots of stuff.” Commission Member O’Leary said, “well I lived in my car when I first came here too, so.” Commission Chair Marienfeld said, “Nora, there, there is a bit more of an overlap that I think you’re maybe recognizing. I do. I do think that, because when we’re looking at like our, all of our other affordable housing ordinances or things we’ve discussed have had on site storage for things like that, and I think if that’s something that can be provided, it would certainly kick that up, because on site secure bike storage would be a huge boon having some sort of dedicated 4x4 storage unit for each housing unit, as well. It doesn’t even. It could be on the other side of the building, but as long as it’s there. Like, there’s actually a storage unit shortage in Moab as much as there is housing.” Commission Member Becnel said, “but I think there’s a big differencebetween where a person will live and where they deserve to live, and this town is all about setting the bar high. Just because you’re a Mexican immigrant family and you’re forced to live in 300-400 square feet doesn’t mean that that’s the right thing for us to make these people do.” Shepard said, “Certainly.” Commission Chair Marienfeld said, “Alright, if anybody else has any initial thoughts you will have this discussion again in a few weeks.
Commission Member Ballard said, “well, I have a lot of concerns about it, but rather than discuss it now, should we wait for that?” Shepard said, “if you have crucial information that can provide or that you wantus to provide to help you make a decision.” Commission Member Ballard said, “okay, well first of all, I think the 400 square feet is not unreasonable. Okay, we were talking about this PAD system that we werehad going and we were going much less than that, okay? So, 400 feet, 400 square feet is, is quite a bit more than that and I think she pointed out that there is some nice places for people. I don’t think they’re required to give them the Taj Mahal, you know. I mean, they’re, their employers. They’re almost getting their rent, I don’t know it’s free, but at least it’s getting provided. My concern is that if they’re gonna put in, say 11 units behind their motel. Yeah, that’s good, because they can walk to work and they’re there. I didn’t. Never liked the idea that the employer is also the owner of there where they live. I’ve, I’ve kind of been against that, but I do like the other side of it where they were living right on site there. It’s easy for them to get to and from, but if they happen to build more. Let’s say they hire “x” amount of people, say
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they have 30 employees, but 10 don’t live, don’t want to live there because they live in town, right? That’s gonna happen that’s all. I think that’s obviously gonna happen. Then what do they do with the other half of them? Can they rent them out?” Shepard said, “Yes.” Commission Member Ballard said, “Okay, so theycan take them, and they don’t have to have them for employee housing.” Shepard said, “they have to havethem for workforce housing and they have to be restricted as to the amount of rent they can charge based upon the income levels that they’re trying to hit and one of the advantages of the smaller units is that it’s a much lower rent. So, people who are really very low income can actually afford something. Commissionmember Ballard said, “okay, so maybe there’s not something about that, because, because I think what’s gonna take place here is if they build those buildings on their site and they only have half of them rented to employees that they provided, the other half are empty.” Commission Chair Marienfeld said, “well no, you could rent them.” Commission member Ballard clarified, “so, you can rent them, and you’re stipulate what that rent is?” Shepard said, “yeah, they all have to be deed restricted and they have to, there’s a really strict formula s to the amount of rent you can charge and how much that can appreciate per year, so they are subject to 50 year deed restrictions.” Commission Chair Marienfeld said, “on those units and it if they are not filled by employees they will be offered to other qualifying low, qualifying low income renters.” Shepard said, “Yeah.” Commission member O’Leary asked, “and if their employment changes but they’re still living in town?” Shepard said, “well that’s, I mean it would be the tenant’s choice. I don’t know. I mean I don’t know; we haven’t gotten to the details. They haven’t even come to the Planning Commission for site plan approval yet, because they don’t know exactly what they’re designing because they’re actually talking about incorporating the units into the main structure okay, and having separate entrances and things, but. So, they wouldn’t be a separate building out back like the Hoodoo. It would actually be incorporated into the primary structure is what they’re proposing, but it would allow that.” Commission member Ballard said, “I would think that would be an issue, but I noticed down here that you’ve to the 17.69.050 the area of affordable housing they’re discussion affordable housing here for 1,000 square feet, are, they’re just gonna reduce that, are they suggesting to reduce that affordable housing as well as this, the workforce housing, I mean?” Shepard said, “same thing.” Commission member Ballard asked, “Is it really the same thing?” Shepard answered, “Well, I’m probably using the terms interchangeably, but they are subject to the assured workforce housing.” Commission member Ballard asked, “Okay, okay, so they just kind of fall into that group?” Shepard answered, “Yes. They have to build or do something per that ordinance.” Commission member Ballard asked, “So, is affordable housing right now, down to. Have we got that down to 400 square feet?” Shepard said, “Well, you can build in the PAD, you can build 275 square feet. You can also build a 500 square foot unit in the R-3, so it’s, you know, and it probably goes back to, should it have been a thousand square feet to begin with when we’re not seeing the units getting built? So, maybe we’re considering whether the original requirement should be adjusted. That’s exactly what we’re doing and if you think some numbers change, like if they make them smaller, they have to do more of them, that’s an option. I don’t know whether we’llactually get them built? So, maybe we’re considering whether the original requirement should be adjusted. That’s exactly what we’re doing. And if you think some numbers change, like if they make them smaller they have to do more of them, that’s an option. I don’t know whether they will actually get them built. I mean we’re trying to kind of, trying to deal with reality. I mean we’re trying to, kind of trying to deal with reality.” Commission Chair Marienfeld said, “Yeah, that’s why I just, I want to make sure we’re use, whether or not we end up, I don’t mean this as a cut. Whether or not we end up recommending this to City Council or what we recommend. I want to. We have a real-world situation in front of us, which we haven’t had yet and a chance to really use this to get something that is actually feasible.” Shepard said, “Right. Which is what happens when you adopt an ordinance and people are trying to figure out how to make it work, right? And there is, well, and we, we have to enter into with the, the developer or whoever, we will enter into what’s called ALURA, so it’s Land Use Regulation Agreement. It's a deed restriction. It’s very restrictive. We were looking at another one. We were actually negotiating like a first right of refusal if somebody defaults, I mean there’s all kinds of. It’s very complicated from a legal standpoint but
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that we haven’t even begun some of those negotiation. However, the very low or extremely low-income price point is defined by the County. HUD defines it, and so if you’re trying to hit the very low, then it’s a lot, lot lower rents than a moderate or just 100% of AMI. So, your, you know you’re talking about hitting those lower income brackets.” Commission Chair Marienfeld said, “And another thing we could think about would be having variation in unit sizes. Say you can have a minimum of just 400, but all a certain percentage of whatever units you’re providing could be that small, if that would be something feasible to, so you don’t end up with all 400 square foot units, you end up with a mix, which was kind of what we did with the PAD where it intending a mix. Like you need to have some very low, but they don’t all have to be very low and I think it does make sense if you’re asking for very low-income housing to have it be less than 1,000 square feet. I mean, just thinking about it.” Shepard said, “It would be very difficult to providea $300 per month rent for a 1,000 square foot unit.” Commission member Ballard asked, “So, is there a fee that’s being set there then, for if somebody has a mote, they’re providing this workforce housing, can they say this is what we’re charging our employee for rent? Shepard answered, “they have to agree to maximum rents.” Commission member Ballard asked, “What, and that maximum rent is set by?” Shepard answered, “It’s based on. There are formulas that are based on the level of median income in the County.” Commission Chair Marienfeld said, “Yeah, it’s the USDA formula. It’s same one they use for the Rural Development Loans.” Commission member Ballard asked, “Okay, but, but I’m wondering if an employer in lieu of that rent is gonna be able to say that a minimum wage that we’re paying you or, or youknow. Let’s say they’re getting $12 per hour for cleaning rooms or something. Are they gonna be able to put that down at nine?” Councilmember Marienfeld said, “They always could as long as it’s the legal minimum wage.” Shepard said, “We would try to work something into an agreement so that wouldn’t necessarily happen, and again they could rent these to anybody that works in Moab.” Commission member Ballard said, “Well, I’m just saying that it gets into a big bag of worms.” Shepard said, “This whole thing gets into a big back of worms. This is extremely complicated code that was adopted and it’s, it’s almost, with this exception, it’s almost impossible for people to actually build the units because of the land costs associated with it, and you know, and so we want to try to get something. We don’t want to give people a free ride. We understand that there’s a huge impact. On the other hand, what’s gonna get units built? Commission member Ballard said, “Because if they can’t afford it, how can the City?” Shepard said, “Well, that’s the problem we’re having.” Commission member Ballard said, “I mean, if you’re gonna pay in lieu, in lieu of and then if its not enough for them to be able to afford it, the City’s gonna be in the red, and I’m not sure they can afford that.” Commission Chair Marienfeld said, “Yeah, theidea, I think being with providing housing. Pretend. I think as far as code writing we should pretend that these units are anywhere that they’re providing. We have to. You know if an employer is gonna pay poorly, I don’t agree with this, but the argument would be that the free market will make it so they can’t hire employees. I don’t think that’s true, but you that’s the, you know, if, if you’re, if you have, you know ifyou get first-come first-serve on housing units at your employer and then they’re opened up to other members of the community you can take them. You know, if I don’t how. I don’t know that we can talk about wages all?” Shepard answered, “It’s not, no. It’s crossing too many.” Commission member Ballard said, “It is, but, but I would just like to make one more comment and that is I think the 400 square feet is not unreasonable.” Commission Chair Marienfeld said, “Yeah, I agree.” Shepard said, “I have lived in a lot.” Commission member Marienfeld said, “Yes. Size. I don’t think it’s unreasonable as a living space whether or not we want to allow it as the minimum in all instances is a different story.” Shepard said, “Yeah, I agree with that. So, maybe I’ll try to set up, sort of alternatives to talk about.” Commission Chair Marienfeld said, “And if, you’re available to continue discussions with the planning staff, it’d be really great to kind of get those outward parameters, because you’re sort of mired in it right now, just understanding if you give us, here’s your high-end square footage number, we’re not gonna be like, okay we’re gonna do that . So, be forthright as you can, I think with staff.” Shepard said, “Okay, great.”
At 6:46 PM Commission Chair Marienfeld continued the public hearing.
Page 8 of 9January 23, 2019
Review And Possible Recommendation To City Council On Resolution 01 -2020 The Two-Mac Minor Subdivision Located At 1053 Mill Creek Dr. Moab, UT 84532 Deed restriction:Discussion: Shurtleff provided a brief presentation explaining that this item involves subdividing the 1.49-acre parcel located at 1053 Mill Creek Drive into three lots. With lot one becoming .62 acres, lot two becoming .36 acres and lot 3 becoming 2.22 acres. The property is vacant and situated immediately west of the Gravel Pit Lanes Bowling Alley and has street frontage access to Mill Creek Drive. This property and the bowling alley are zoned C-4 general commercial zone. Directly across from this property are the Cinema Court Apartments and a section of County property zoned small lot residential and general business access. The property has a cliff, or hill, on the northern boundary. No removal or contouring is being requested during the processing of this application. The reason for requesting that this parcel be divided into smaller lots was, hopefully, for local developers to build small commercial projects to serve the local community. Landowners Doug and Jeremy McElhaney were present to answer any questions the Commission had. Doug McElhaney explained that lot 1 is larger, but much of it is unusable because ofthe cliff located there. Commission member Ballard clarified their intent is to build commercial buildings. Doug McElhaney explained that that was not what they were proposing. They were proposing is that as the property stands it cannot be developed by a small developer. The issues caused by the terrain are insurmountable as one parcel. Therefore, they were proposing to split it into three manageable sized lots so that a small commercial development could be built on it without a 30-space parking lot. Hopefully, a local developer or person would want to buy one and build a small building on it. Shepard noted that there would be no change in zoning. The C-4 zones allows buildings to be built right next to each other just like Main Street. There was discussion regarding easements and the City right of way and the potential uses that could be put there. Motion and vote: Commission Chair Marienfeld moved to forward a positive recommendation to the City Council for the approval of the Two-Mac Minor Subdivision Resolution 01-2020. Commission member Ballard seconded the motion. The motion passed 5-0 with Commission members Becnel, Ballard, Wojciechowski, Marienfeld and O’Leary voting aye.
Review And Possible Recommendation To The City Council On Ordinance 2019-30, An Ordinance Amending The City Of Moab Municipal Code, Section 17.31 RC Resort Commercial Zone To Allow Hotels And Motels, Subject To Revised Development Standards: Discussion: Shepard explained that she would go over the additional information that she had created based upon the City Council’s request. There wasn’t very clear direction given by Council. Shepard proposed stepping back and possibly having some joint work sessions with the Planning Commission andCity Council to try to get to the core of what it is they’re trying to achieve and how they want to achieve it. There are two Councilmembers that feel very strongly about some kind of restriction on the numbers until everyone is caught up. There have been a lot of numbers floating around about numbers of units and how many existing rooms there are and how many proposed and somehow the community ended up with a unit calculation that the number of overnight accommodations units that are in the queue are 38%of what the City currently has. She didn’t know where that number came from. Just for the City, it’s 20% that are in the queue at this time that are moving forward. Shepard wanted the give people real numbers to work with. The only hotel in the queue that has not been approved by the Planning Commission is the Henry Shaw. Most of them have their building approval. She displayed the parcels that are left in the RC zone and discussed what may be placed on those parcels. There had been some discussion with one of thelandowners regard the standards being proposed. They thought that requiring a certain amount of commercial space and incentivizing that was a good idea and their vision was a small boutique hotel with a separate retail business that could serve either the people staying out there or the Moab residents. Commission Chair Marienfeld asked if there was anything that Council wanted from the Commission at
Page 9 of 9January 23, 2019
this point. All of the Council had very individual comments and she would really like for at least three of them to give staff some directions so that they aren’t spinning their wheels. Commission Chair Marienfeld felt that the best thing to do would be to get the joint meeting scheduled. Commission member Ballard felt that they needed to have more meetings to accomplish anything. The recommendation was to continue to look at the emails that Shepard had been sending and try schedule a joint meeting as soon as possible.Motion and vote:
Future Agenda Items: Possibly Four Corners Behavioral Health
Adjournment: The meeting was adjourned at 7:11 PM.
Moab Planning Commission April 23, 2020 Director’s Report Bylaws Attached for your reference are the approved bylaws for the Moab City Planning Commission. Please take the time to look them over prior to the meeting. If there are any questions, we can discuss them at the meeting on April 23, 2020. The bylaws include a section on meeting attendance that reads as follows:
1.2 Attendance. Each commissioner shall be responsible for attending at least seventy-five percent of the regularly scheduled meetings within the calendar year. Should circumstances arise where a Commissioner is unable to attend a schedule meeting, the commissioner shall be responsible for notifying the Planning Department as soon as possible. Commissioners who fail to attend seventy-five percent of the meetings shall be removed from the Commission.
At the end of every quarter, the Mayor reviews the attendance records of the Planning Commission. In the past few quarters, there are some members that have had several absences. It is important that the Planning Commissioners be aware of their attendance. You can have “excused” absences for reasons such as having a baby, family emergencies, work conflicts that cannot be avoided, and similar situations. That is going to happen and is expected occasionally. Remote Meetings The past few meetings have been unusual due to the remote meetings necessary to comply with COVID-19 restrictions. Remote meeting attendance is important as well. We have a great Planning Commission and members represent a broad range of ideas and interests in the community. Please be mindful of your attendance. If you are having difficultly with the technology for the remote meetings, please let us know and we will do everything we can to accommodate you.
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MOAB CITY PLANNING COMMISSION BYLAWS 2/20/2018 as adopted
PURPOSE These policies and procedures are designed and adopted for the purpose of providing guidance and direction to the members of the Moab City Planning Commission in the performance of their duties. The Planning Commission shall be governed by the provisions of all applicable State statutes, City ordinances, and these rules. Nothing in these rules shall be interpreted to provide an independent basis for invalidating or in any way altering a final decision of the Commission.
ARTICLE 1 – GENERAL PROVISIONS The Moab City Planning Commission, hereinafter referred to as the “Commission,” shall be governed by the following statutes, ordinance, and rules:
1.1 Applicable State Statutes, Local Ordinances and Rules. To the extent that they remain in force and in effect and as they may be amended from time to time, the Commission and its members shall be governed by state statutes and local ordinances and policies including the following: a. State statutes applying to public boards, members, and officials.
b. State statutes governing the activities of Municipal Planning Commissions.
c. The Moab City General Plan and Moab Municipal Code Book and other applicable ordinances and regulations approved by the Moab City Planning Commission or Moab City Council.
d. The adopted Rules of Procedure for Planning Commission Meetings. (Resolution #2018-06)
e. The rules and policies of the commission as set forth herein.
1.2 Familiarity with State Statutes, Local Ordinance, and Rules Affecting the Commission. Upon taking office, all members of the Commission shall familiarize themselves with the applicable statutes, ordinances and rules, and, while in office, shall maintain such knowledge, including knowledge of amendments and additions, and shall be strictly governed thereby in the conduct of Commission affairs.
1.3 Number of Commission Members and duration of term. The number of Planning Commission members shall be seven (7) and they shall serve for a term of three (3) years.
ARTICLE 2 – POWERS AND DUTIES The Commission shall have the following powers and duties:
a. To prepare or cause to be prepared a General Plan, or elements thereof, and to recommend the General Plan, or elements, to the Moab City Council;
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b. To prepare or cause to be prepared amendments to such plan and elements thereof and to recommend the amendments to the Moab City Council;
c. To review and make recommendations to the Moab City Council with regard to amendments to the General Plan Land Use and Zoning Map;
d. To initiate, review and make recommendations to the Moab City Council on applications for amendments to the zoning text of the Moab Municipal Code to promote health, safety and welfare;
e. To hear, review and recommend approval or disapproval of applications where required by the Moab Municipal Code in accordance with the rules and regulations established by the Moab City Council, or to approve certain development applications when specifically authorized by the Moab City Council; and
f. To adopt by-laws, policies, procedures and regulations for the conduct of its meetings, the consideration of application for development approval, and for any other purposes deemed necessary for the function of the Commission.
ARTICLE 3 – CONDUCT OF COMMISSION MEMBERS
3.1. Ethical Principles. The following ethical principles shall guide the actions of the Commission and its members in carrying out the powers and duties described above: a. Serve the Public Interest. The primary obligation of the Commission and each member is to
serve the public interest.
b. Support Citizen Participation in Planning. The Commission shall ensure a forum for meaningful citizen participation and expression in the planning process, and assist in the clarification of community goals, objectives and policies.
c. Avoid Conflicts of Interest. Commission members shall avoid conflicts of interest and even the appearance of impropriety. A commissioner with a potential conflict of interest shall make the interest public, abstain from voting on the matter, not participate in any deliberations on the matter, and leave any chamber in which such deliberations are to take place. The commissioners shall also not discuss the matter privately with any other official voting on the matter.
d. Render Thorough and Diligent Planning Service. If a commissioner has not sufficiently reviewed relevant facts and advice affecting a public planning decision, that commissioner should not participate in that discussion.
e. Not Disclose or Improperly Use Confidential Information for Financial Gain. A commissioner shall not disclose or improperly use confidential information for financial gain, and must not disclose to others confidential information acquired in the course of his/her duties, or use it to further a personal interest.
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f. Ensure Full Disclosure at Public Meetings. The Commission shall ensure that the presentation of information on behalf of any party to a planning question occurs only at the scheduled public meeting on the question, not in private, unofficially, or with other interested parties absent, and must make partisan information regarding the question received by mail, telephone, or any other communication, part of the public record.
g. Respect for and Courtesy to Other Commission Members, Public and Staff. Each commission member has the same rights and privileges as any other member. Any commissioner has the right to be heard and to hear what others have to say about items being considered by the Commission.
3.2 Representation of Applicants or Petitioners. No member of the Commission shall represent applicants or petitioners on matters on which the Commission is to make determinations or recommendations.
3.3 Ex-parte Communications. Pre-arranged private meetings between a commissioner and an individual(s) and their agents, or other interested parties with a matter pending before the Commission are prohibited. Partisan information on any application received by a Commissioner, whether by mail, telephone, or other communication should be avoided. When such communication does occur it must be made part of the public record by the commissioner.
3.4 Attendance. Each commissioner shall be responsible for attending at least seventy-five percent of the regularly scheduled meetings within the calendar year. Should circumstances arise where a Commissioner is unable to attend a schedule meeting, the commissioner shall be responsible for notifying the Planning Department as soon as possible. Commissioners who fail to attend seventy-five percent of the meetings shall be removed from the Commission.
ARTICLE 4 – MEETINGS AND ORGANIZATION
4.1 Regular Meetings. Regular meetings of the Commission shall be scheduled at least twice a month unless there are mitigating circumstances, such as lack of a quorum, lack of items to be discussed, holidays and other circumstances.
4.2 Citizen Planner Workshop. All Commissioners are required to attend a minimum of one (1)
citizen planner workshop trainings conducted by the Utah League of Cities and Towns. All commissioners shall attend a second training offered by any of the following: Utah Chapter of the American Planning Association, the Utah Land Use Institute, or other acceptable urban planning or planning law conference.
4.3 Special Meetings, Work Sessions and Field Trips. Special meetings, work sessions and field trips for any purpose may be held at the call of the chair, the Moab City Council or the Planning Department. Work session and field trip meetings shall be for the discussion and informational purposes only; no action shall be taken on any item.
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4.4 Open to the Public. All regular, special, work session and field trip meetings of the Commission are open to the public and will be noticed in accordance with the requirements of The Open and Public Meetings Act.
4.5 Membership. The Commission shall consist of seven (7) members selected from the public at large and form a representative sample of the community. Members shall serve for terms not to exceed three (3) years in length.
4.6 Officers. At an annual meeting to be held at the first regular meeting at the commencement of each calendar year, the members of the Commission shall elect one (1) of its members as Chair and one (1) as Vice Chair. In the absence of the Chair, the Vice Chair shall act as Chair and shall have all powers of the Chair. If both the Chair and Vice Chair are absent or unable to preside over the meeting, the commission members present shall appoint an Acting Chair to preside. If the Chair leaves the Commission during an appointed term, the Vice Chair shall succeed to the office of Chair for the remainder of the term. If the Vice Chair leaves the Commission or succeeds to office of the Chair, the Commission, at its next regularly scheduled meeting, shall hold an election to fill the vacancy of the Vice Chair.
4.7 Role of the Chair. The Chair shall be in charge of all proceedings before the Commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Commission. Whenever the Chair rules a motion out of order, the Chair shall explain why it is so, and advise the mover of corrections needed to make the motion in order.
ARTICLE 5 – PROCEDURES
5.1 Quorum and Necessary Vote. No regular or special meeting of the Commission at which action may be taken may be called to order, or items voted upon, by the Commission without a quorum consisting of at least four (4) members of the Commission being present. A majority of the Commission members then present and voting is required for final action. A quorum is not required to hold a work session or field trip, so long as notice is given in accordance with The Open and Public Meetings Act.
5.2 All meetings shall be conducted in accordance with the 5.3 Forms and Procedures of Decisions and Motions. Robert’s Rules of Order Newly Revised, may be
used by the Chair as a general guide. 5.4 Motions. Any Commissioner, including the Chair, may make or second a motion.
a. Motions should be supported by reasons. The person making the motion is encouraged to
state the reasons and finding(s) supporting the motion at the time the motion is made. Any conditions for approval shall be stated. The motion may refer to the staff report for detail of the conditions for approval if the person making the motion desires to do so.
b. Motions may be repeated for clarification following discussion and prior to the vote at the request of any Commissioner.
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c. Planning Commission may request legal advice from the City Attorney in the preparation, discussion and deliberation of motions and findings in support of any motion.
5.5 Voting. All Commission members, including the Chair, are entitled to vote. No Commission
member shall discuss or vote on any matter deciding an application or petition except after attending the public meeting(s) and/or hearing(s) on the matter and listening to all testimony presented. A member may qualify to participate in further discussion and vote on the matter by examining the evidence and reviewing the record of the meeting(s) and/or hearing(s) at which the member was absent.
5.6 Rules of Order. In accordance with these rules, the Chair shall decide all points of procedure and order unless otherwise directed by a majority vote of the members in attendance.
5.7 Conduct During Public Hearings. During all meetings and hearings, persons providing testimony shall proceed without interruption except that of the Commission. All comments, arguments and pleadings shall be addressed to the Chair. There shall be no debate or argument between individuals. The Chair shall maintain order and decorum, and, to that end, may order removal of disorderly or disruptive persons.
ARTICLE 6 – AMENDING BY-LAWS
6.1 Amending By-Laws. These by-laws may be amended by a majority vote of the Commission, except where such amendments would be contrary to the requirements or limitations set forth by State Law or Moab Municipal Code. An amendment may be proposed at any regular meeting of the Commission. Member shall receive a copy of the proposed or amended by-laws not less than one week prior to the meeting at which said proposed changes shall be heard.
Moab Planning Commission Agenda Item Meeting Date: April 23, 2020
Title: Public Hearing and Recommendation to City Council on Ordinance #2020-12 Approving a Zoning Map Amendment for property owned by James Nelson, located at 191 Walnut Lane Moab UT 84532, amending the split zoned parcel from R-2 Single-Household and Two-Household Residential Zone and R-4 Manufactured Housing Residential Zone, to only R-4 Manufactured Housing Residential Zone; and Amending the City of Moab Official Zoning Map.
Date Submitted: February 25, 2020 Staff Presenter: Cory P. Shurtleff, Assistant Planner Property Owner: Nelson Court LLC, James Nelson Applicant: James Nelson Location: 191 Walnut Lane, Moab, Utah 84532 Zoning: Property is currently split zoned, R-2 Single-Household and Two-Household Residential Zone and R-4 Manufactured Housing Residential Zone. Attachment(s): Exhibit A: Draft Ordinance #2020-12 Exhibit B: Plat Exhibit C: Context Zoning Map including Ordinance #2020-01 Zoning Map Amendment Exhibit D: Vicinity Map prior to Ordinance #2020-01 Zoning Map Amendment Options: The Planning Commission is being asked to hold public hearing and continue action to a future meeting; While researching this rezone request, the staff noticed that the parcel information we have shows an inconsistency in the parcel configuration that has likely been caused by a survey error. The applicant is having additional survey work done to determine the exact legal description of the parcel to be rezoned. Therefore, the staff is recommending that the Planning Commission hold the public hearing and continue action to a future meeting. That Meeting will occur as soon as the consistency issue is resolved. Narrative: The application was submitted by property owner James Nelson on February 25, 2020 with sufficient documentation and fee payment. The narrative submitted by the applicant was as follows: Amend split zone to one zone, complete to R-4. Background: The property located at 191 Walnut Lane, owned by Nelson Court LLC, James Nelson, is currently operating as a mobile home park with 13 lots. This property is directly west of the City owned Walnut Lane Property, and adjacent to the east of the vacant Moab Valley Health Care property. The parcel is currently split zoned with R-4 Manufactured Housing Residential Zone (in which the property’s use is permitted) on the majority of the South portion of the parcel; and R-2 Single-Household and Two-Household Residential Zone on the northern third of the parcel. The total area of the parcel is approximately 1.04 acres, with approximately .35 acres of the parcel zoned R-2. The R-
2
2 Zone is extending south from the residential neighborhood beyond the northern boundary of the parcel. Following the “Walnut Lane” Ordinance #2020-01 rezone, where Planning Commission forwarded a positive recommendation to City Council, and City Council approved the ordinance amending the Official Zoning Map, the applicant wants to modify the zoning on the parcel so that it is all in one zone to allow for easier development in the future. The “Walnut Lane” Ordinance #2020-01 rezone, is nearly identical in nature where the applicant is hoping to resolve discrepancy in zoning that was likely adopted in error on his property. Zoning Map Change Criteria: Section 17.04.060 of the Moab Municipal Code sets forth criteria to consider when reviewing a Zoning Map Amendment. The criteria are listed below followed by a response or analysis by city staff as follows: 17.04.060 Map amendment and approval criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. A. Was the existing zone for the property adopted in error? Staff Comment: It is likely the property was split-zoned in error, as the established R-2 zone was drawn down the center of the right-of-way for 200 N and did not follow property boundaries for three parcels along Walnut Lane. Since then been amended with Ordinance #2020-01 to align the two adjacent Walnut Lane Properties as entirely R-4, creating a peninsula of R-2 on this property. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Staff Comment: The properties own by the City located directly east of this property were amended with Ordinance #2020-01 and rezoned as is being requested with this application. C. Is there a need for the proposed zoning within the area or community? Staff Comment: Yes. The current use on the property is not permitted in the R-2 zone, and it is best planning practice to correct a split-zoning error when possible. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Staff Comment: The proposed zone change is compatible with the surrounding area. The adjacent properties are a mix of R-2, R-4, and C-2 zones and include single-family residential, multifamily residential, a mobile home park, overnight accommodations, and healthcare services uses. E. Will benefits be derived by the community or area by granting the proposed zoning?
3 Staff Comment: Rezoning the property to R-4 will grant the City a higher residential density to develop more affordable and attainable housing for the community. Additionally, PAD developments are not permitted in the R-2 zone, so by amending the zone, the City will be able to use the PAD to redevelop the property. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Staff Comment: Yes, as no proposed changes are planned for this parcel currently, the present facilities available to serve the parcel are sufficient. At a time of redevelopment in the future, upgrades to facilities may be required. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Staff Comment: The Future Land Use Map of the General Plan shows this property as Residential, reflecting the current R-2 and R-4 zoning. The zone change will comply with the elements, goals, and policies of the Moab General Plan, including the following:
• Promote a variety of housing types and neighborhoods for primary residences.
• Encourage housing opportunities for a variety of needs and income levels.
• Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing.
Comparison of Uses:
4
Permitted Uses in the R-2 Zone Permitted Uses in the R-4 Zone
ADUs ADUs
Agriculture Agriculture
Daycare Carpentry Shops
Foster care homes Boys’ and Girls’ Schools and correctional
institutions
Group homes Day Care
Home occupations Group Homes
One-household dwellings and accessory
uses
Public Libraries
Places of worship Home Occupations
Planned unit developments One-household dwellings and accessory uses
Public facilities Place of Worship
Public libraries Planned unit developments
Public parks and public recreation buildings Public Facilities
Schools Public Parks and public recreation buildings
Two-household dwellings and accessory
uses
Schools
Two-household dwellings and accessory uses
CITY OF MOAB ORDINANCE NO. 2020-12
AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR PROPERTY LOCATED AT 191
WALNUT LANE, CONSOLIDATING A SPLIT ZONE PARCEL FROM R-2 SINGLE-HOUSEHOLD AND
TWO-HOUSEHOLD RESIDENTIAL ZONE, AND R-4 MANUFACTURED HOUSING RESIDENTIAL
ZONE, TO ONLY R-4 MANUFACTURED HOUSING RESIDENTIAL ZONE.
WHEREAS, the following describes the intent and purpose of this ordinance:
a. Applicant and property owner James Nelson has applied to rezone parcel 01-0001-0107 located at
191 Walnut Lane, Moab UT 84532. Taxing description of parcel: BEG SW COR LOT 3 SEC 1
T26S R21E; E 6 2/3 RDS; N 25 RDS; W 6 2/3 RDS; S 25 RDS POB 1.04 AC; and
b. To modify the split zoning of the parcel to have only one zone within the parcel. Currently zoned
R-2 Single-Household and Two- Household Residential Zone and R-4 Manufactured Housing
Residential Zone, to only R-4 Manufactured Housing Residential Zone; and
c. The portion of R-2 zoned parcel that is being rezoned is approximately .35 acres of the total
parcel approximately 1.04 acres;
d. The property is currently a mobile home park and intends to continue its use as is, for the
immediate future; and
e. The adjacent properties include single-household and multi-household residential, mobile home
park, and health care service; and
f. The applicant provided the Planning Commission with an application and the appropriate
documents as required in MMC Section 17.04. The Planning Commission reviewed the
application in a duly advertised public hearing held on April 23, 2020; and
g. The Planning Commission determined that the amendment to the zoning maps is in accordance
with the General Plan and development trends of the community and that this zoning amendment
supports opportunity for affordable housing in the local community. Having evaluated the staff
report, statements from the applicant and the public, the Planning Commission concluded that the
proposed change in zoning for this property was an acceptable amendment to the Official Zoning
Map; and
h. The Planning Commission has determined that the review standards in Moab Municipal Code
chapter 17.04.060, Map amendment approval criteria, have been met as follows:
A. The proposed zoning classification for residential use is compatible with the majority of
surrounding uses and impacts to the existing development can be mitigated,
B. Adequate facilities are available to serve the type and scope of the development
suggested by the proposed zoning classification,
C. The surrounding uses will be buffered from other residential and commercial
development in the area; and
D. The application conforms to the provisions of the Moab General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, having considered
public comment, staff comments, and discussion of the pertinent aspects of the proposed zone change, by
Resolution #13-2016 Page 2 of 2
adoption of Ordinance #2020-12, does herby find, determine, and declare, that the applicable provisions
of the Moab Municipal Code and the intent of the Moab General Plan can be met;
AND, FURTHERMORE, the City Council approves the application to rezone the property located at
191 Walnut Lane, Moab UT 84532, to a singular zone R-4 Manufactured Housing Residential Zone,
amending the Official Zoning Map, is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on May 12, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________ Sommar Johnson, Recorder
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N 26 R
(429.0')
E 26 R (99.0')
MICHEALNOORLANDER
S0°1
7 'W
308
. 5'
LEE STOCKSEVE STOCKS01-B21-0018
39.7 &40
N 0
°17'
E 8
4 .0'
S 76°14'E 101.8'
S 0 °
17'W
84 .
0'STEVAN M GRAH01-001-0031
41.4
S 0°
17'5
0" W
891
.0'
N 89°47' W 499.0'
300.0'
92.0'
300
.0'
92.0'
UTAH POWER & LIGHT CO
PACIFIC POWER CORP
21-XST-0015
44
129.0'
92.0'
129
.0'
92.0'
ARNE D HULTQUIST01-001-0034
43
35.0'
100.0'
25.0'
16.0'
N 30°58'W 116.62'
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198.0'
354
.0'
LISA J HATHAWAY
01-001-0036
4645.1
335.0'
33.0'
104.0'
183.0'
146.0'
S 30°58'E 116.6'
16.
0'
25.0'
100
.0'
A ROBERT KNIGHTKATHY A KNIGHT
01-001-0035
4548
104.00'
183.00'
E 68.00' 213.00'
271.0'
330
.00'
99.00'
66.
00'
REDGLOW LLC01-001-0038
50
330.00'
90.0'
330
.00'
90.00'
RANNA BIESCHKE01-001-0039
53S
164
.0'
W 70.0'
HARRIS HAWK, LLC
01-001-0033
41.2
24.
3'N 76°14'W 101.8'
LARRY KIM DAY01-001-0032
41.1
41
LOT 1 (NE1/4 NE1/4) SECTION 1 T26S R21ETHIS PLAT IS MADE SOLELY FOR THE
PURPOSES OF ASSISTING IN LOCATINGTHE LAND, AND THE RECORDER'S OFFICE
ASSUMES NO LIABLILITY FOR VARIATIONS IF ANY,WITH AN ACTUAL SURVEY.
S 89°47'19.5" E 151.3'S 89°46'59.91" E 147.5'
80 R (1320.00')
S 44
R (7
26.0
0')
E 40 R (660.00')
S 10
R (1
65.0
0')
E 40 R (660.00')
N 54 R
(891.00')
S 89°56'23" W 1320.00'
S 0°
12'1
8" W
726
.00 '
S 0°
14'5
0 " W
13 1
7 .98
'
S 89°41'39" W 1322.63'
N 0
°12 '
19"
E 1
323.
64'
N 89°56'22" E 1323.56'
12.5'
16.0'
70.0'
115
.0'
ALLISON L MILES
41.301-001-0210
S 0°
17' W
98 .
95'
5. 7
'
S 77°42'E 101.2'S 76°14'E 101.8'
N 0
°17'
E 6
3.8'
10.0'
S 0 °
17' W
67.
9 '
N 76°14' W 101.8'N 77°42'W 111.4'
4. 5
'
75.0' 198.0'
75.0
'
198.0'
LISA JUSTICE HATHAWAY01-001-0037
47
99.0'
99.0'
99.0'
99.
0'
MOAB CITY51
01-001-0238
N0°
17'E
293
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S 89°47'E 182.5'
S 0°
17'0
0" W
414
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MOAB IRRIGATION ESMTNORTH DITCH 1SEE ARB #26-22-7-25.3.4 26.4.4EN 503924 BK 798 PG 262-266
99.0'
99.0'
99.
0'
99.0'
MOAB CITY
5201-001-0239
REDGLOW LLC01-001-0040
55
43.1
10' TELESMNT
MO
AB
CIT
Y
WIL
SON
ALR
EDD
54
NE COR BLOCK 22MOAB TOWNSITE
118860.03 59096.02
NE COR BLOCK 22MOAB TOWNSITE
118862.96 58634.07
NE COR BLOCK 21MOAB TOWNSITE
118858.49 59656.99
120018.14 59763.82
118693.11 58435.52
120016.74 58440.26
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S 59°34'E 129.5'
S 18°47'E 66.4'
UP&L ESMNT
241 N 300 E
BK 21 PG 191
S 0°
14'5
0" W
131
7.8 8
'
60.0
0'
SCALE: 1" = 100'
N 158.00'
E 111.50' S 67°44'25" E 37.88'
S 8°
52'2
1" W
55.
97'
S 64°54'56" W
29.16'
S 76
.00'
W 111.50'
22.00'
E 181.50'
118700.17 59758.13
LOT 3 LOT 4S89°47'E 462.0'
THIR
D E
AST
STR
EET
(
FIFT
H S
T REE
T )
36
SE CORNER LOT 1,SECTION 1, T26S, R21E, SLB&M( KEOGH FILE )
NW COR BLOCK 21MOAB TOWNSITE118860.21 59195.02
99.0'
S 89°47'E 65.5'N 89°47'W 50.0'S 89°47'E 231.0'
S 76°14'E 51.8'
N 0°17'E 9.4'
S 89°47'E 82.0'
S 0°
17' W
150
.0'
N 89°47'W 181.5'
N 0
° 17'
E 1
6 5.0
'
S 76°14'E 50.6'
TRACY B. KUNZE
01-B21-0014
14
S 89°47'E 35.5' N 0
° 17'
E 1
5.0'
S 89°47'E 80.0'
LEE STOCKSEVE J STOCKS01-B21-0018 39.7
N 59°18'E 84.8'
S 56°06'E 51.4'
N 81°20'W 133.6' 14.1
N 59°18'E 84.8'
S 56°06'E 51.6'
N 83°15'17" W 2.6'
WILL T FRYER
01-B21-0016
39
85.0'
120.0'
85.0'
120
.0'
SYLV
IA A
FO
UN
TAIN
JOH
N E
FO
UN
TAIN
01-B
21-0
017
39.1
.15
N 84°57'W 183.1'
16.
0'
S 74°10'E 126.3'
S 43°11'E 64.5'
S 55°04'E 48.9'
N 74°10'W 68.0'
14.201-001-0210
ALLISON L MILES
WILL T FRYER01-B21-0016
01-001-003038, 39.5& 15.2
39 & 39.3
BLOCK 22BLOCK 23
S69°41'34"W
53.41'
N81°36'53"W 217.09'
N86°10'16"W 71.48'
N78°21'03"W 204.52'
N83°29'30"W 92.60'
N49°38'02"W
151.68'
N24°49'34"W
41.55'
N20°27'55"W
109.60'
N30°47'11"W 115.75'
N62°19'51"W 147.04'
N62°58'35"W248.41'
N40°24'38"W
118.16'
N44°23'32"W
177.11'
55.1
S 44°55'00" E 730.00'
55.2
THIS PLAT IS MADE SOLELY FOR THEPURPOSE OF ASSISTING IN LOCATINGTHE LAND, AND THE RECORDER'S OFFICEASSUMES NO LIABILITY FOR VARIATIONS, IF ANY,WITH AN ACTUAL SURVEY
10.0'E 75.0'
10.0'98.1
LOT 2 (NW¼ NE¼) SECTION 1 T 26 S R 21 E
S 1
65.0
'
W 180.0'
N 144.29'
N 89°47'E 144.37'
N 0°17 'W
20 .2'
JERI WHITEGINGER BEDDOESKATHRYN WILBERGHELEN KNIGHT
5901-001-0044
( 174.90')
THIS
PO
RTI
ON
OF
PAR
CEL
APP
EAR
S TO
BE
IN T
HE
HW
Y R
/W E 258.5'
S 2
09.0
' W 258.5'
N 209.0'
GRAND TIRE COMPANY INC01-001-0059
77, 76
E 151.5'
S 2
09.0
'
W 151.5'
N 209.0'
GRAND TIRE COMPANY INC01-001-0058
76.1N
123.5'
E 100.0'
S 2
73.5
'
W 100.0'
N 150.0'
01-001-0057
74
CLYDE ELLIOTT DEAL, TRJANET ROPER DEAL, TR,CLYDE ELLIOTT DEAL ANDJANET ROPER DEALREVOCABLE LIVINGTRUST
E 336.5'
N 64.5'
W 336.5'
S 6
4.5'
KEN DAVEYJULIE FOX 01-001-0056
22
JPK TR MOAB LLC01-001-0055
68
S 442.8'
S 9°
00'E
179
.5'
E 475.34'
N 18°52'37" W
187.37'
MICHAEL R. HUGHES TRUSTMICHAEL R. HUGHES - TRUSTEE
01-001-005468.1
N 89°52'E 467.6'
S 16
°32'E
125
.4'
S 89°54'W 492.1'
R=2343
L=120.51'C
HD
BRG
N 5°21'W
D=120.5'
S 0°
12'1
8.64
" W
585
.13'
PATRICK J. RIPPEEMARJORIE WAGNER
01-001-005266
WEST 523.00'
S 23°54'E 640.0'
E 264.0' (262.1 ft)
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S 4
6.3'
W 100.0'
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E 54.4'
N 16°27'W
58.0'
19.0'
S 23°50'51" E 145.99'
FRANCIS WAYNE JAMESDAISY F JAMES
01-001-00516464.2
E 100.0'
S 1
50.0
'
W 100.0'
N 150.0'
FRANCES WAYNE JAMESDAISY F JAMES
01-001-005064.1
S 113.5'
N 209.0'
16.0'
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MIC
HA
EL R
HU
GH
ES T
RU
STEE
MIC
HA
EL R
HU
GH
ES T
RU
ST
01-001-004963
E 100.0'
N 165.0'
W 100.0'
S 1
65.0
'
SPAH FAMILY LTD01-001-0048
E 129.5'
N 156.75'
W 129.5'
S 15
6.75
'
01-001-0045
DAVID W TEMPLEPETER W TEMPLE TRUSTEETEMPLE FAMILY TRUST
N 102.0'
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02.0
'
W 127.3'
LOWELL L HOODSUZANNE T HOOD
01-001-0043
N89°47'W 15.0'
N 0
°17'
E 1
35.0
'
N 89°47'W 130.0'
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°17'
E 3
27.0
'
S 89°47'E 145.0'
S 0°
17'W
462
.0'
ROBERT A DUDEK01-001-0041
56
N 00°17'E 156.75'
131.5' (S89°47'W)
S 89°47'E 279.95'
S 00
°17'
W 1
95.0
'
N 89°47' W 127.25'
S 1
02.0
' W 60.0'
DESERT ROSE APARTMENTS LLC01-001-0046
S 89°56'24.94" W 1323.56'
S 0°
12'1
8.64
" W
132
3.64
'N 89°41'38.91" E 1322.54'
17.0' W 88.75'
NOB HILL CREST LLC
01-001-0060
MOAB IRRIGATION ESMTNORTH DITCH 1SEE ARB #26-22-7-25.3.4 26.4.4EN 503924 BK 798 PG 262-266
178.75'S
130
.0'
W 88.75'
17.0
'
W 90.0'
N 130.0'
N89°47'W 60.0'
N 0
°17 '
E 1
80. 5
'
S89°47'E 60.0'
MO
AB
RED
RO
CK
PR
OPE
RTI
ES L
LC01
-001
-006
9
90
S 0°
17'W
18 0
.5'
W 67.5'
N 243.0'
E 67.5'
S 2
43.0
'
AJB
HO
LDIN
GS
LLC
01-001-007293
W 90.0'
N 243.0'
E 90.0'
S 2
43.0
'
RU
SSEL
L W
ILLI
AM
TA
NG
REN
MO
NET
TE C
LAIR
TA
NG
REN
CLA
RK
BR
ENT
MA
RV
IN T
AN
GR
EN01
-001
-007
1
92 60.0'
62.5'
60.0'
62.
5'
MOAB R
EDROCK
PROPERTIES L
L
91
01-00
1-007
0
N 0
°17'
E 1
31.0
'
S 89°33'E 81.0'
2 D
P M
OA
B L
LC01
-001
-006
787
2.3
'
S 0°
17'W
131
.0'
N 89°33'W 81.0'
01-0
01-0
067
87
2.3'
W 85.0'
N 156.8'
E 85.0'
S 1
56.8
'
TUTT
LE IN
VES
TMEN
TS L
LLP
01-001-006483
pob 0063 n¼
N 43°50'11" W
1239.31'
DAVID K LYLE001-001-0063
82N 148.5'
E 75.0'
S 1
48.5
'
W 75.0'
8.7'
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DAVID K LYLE01-001-0062
81
N 89°47' W 96.63'
N 0
°17'
E 1
56.7
5'
S 89°47'E 96.63'
S 0°
17'W
156
.75'
LYN
N K
CA
RP E
NTE
R T
RU
STEE
LYN
N K
CA
RP E
NTE
R L
IVI N
G T
RU
ST 6
/30/
99
01-001-0065
84
1" = 100'
0 50' 100' 200'100'
Graphic Scale
C/L MONUMENT #28118912.9258585.53
C/L MONUMENT #29118920.8156902.46
E 96.5'
W 96.5'
ENTRADA DOGSINC
01-001-0218109.1 & 96
R=159.97'L=154.1'CHD BRG=S 73°16'ED=148.2'
N 190.5'
MICHAEL R HUGHES, trMICHAEL R HUGHES TRUST
01-001-0085108.2
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25.4
W 165.0'
S 1
67.5
'
E 297.25'
E 17.5' W 149.75'
PARKSIDE TRAILERCOURT LLC
01-001-0081106
UTAH POWER & LIGHTPACIFICORP
021-XST-0015
N 0
°17'
E 9
4.5 '
S 89°47'E 316.0'
S 0°
17'W
94.
5'
N 89°47'W 316.0'
N 165.5'
S 0°
17'W
94.
5'
E 96.5'
N 69.0'
E 215.5'
N 219.0'
W 312.0'
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88.0
'
UTAH POWER & LIGHTPACIFICORP21-XST-0015
E 462.0'
N 19.0'
W 146.0'
N 75.0'
W 316.0'
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.0'
UTAH POWER & LIGHTPACIFICORP21-XST-0015
8.3S 89°44'E 96.0'
S 12
°11'
E 1
07.2
'
S72°19'W
4.1'S 83°14'W 115.5'
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PAMELA PHILLIPS --TRBRIG LARSEN REVOCTRUST 9-12-14
01-001-008316
S 4°58'31E 45.0'
(to close)
S 89°54'E 188.75' (180.94')
S 0°
17'W
324
.0' (
268 .
77')
N 89°47'W 107.75'
N 0
°17'
E 1
33.1
4'
S 0 °
17'W
56.
1'
N 89°33' W 81.0'
S 0°
17' W
19 0
.3'
HOLLAND REAL ESTATE LLC01-001-0061
8088
W 150.0'
N 129.0'
E 150.0'
S 1
29.0
'
W 150.0'
N 90.0'
E 150.0'
S 9
0.0'
E 300.9' W 168.89'
N 84.9'
16.0' E 74.0'
3.8
2' E 71.3'
S 4°
42'E
45.
0'S
3°35
'E 4
5.0'
MARGARET B MAKI01-001-0078
103
N 89°47'W 163.8'
N 0
°17'
E 7
1.5 ' S 89°47'E 160.3'
S 2°
34'E
71.
6'
AZTEC SELF STORAGE LLC01-001-0077
103.2
S 1
05.7
'
W 146.0'
N 169.5'
E 145.1'
CH
D B
RG
=S 0° 4 8' 30 "EL= 63 .8 1 'A
= 6 3 .8 1'R
= 2 2 42 .0 '
JOHN L. WILLIAMSJOHN LADUE WILLIAMS
001-001-0076102
DONALD N MARQUARDT01-001-0075
98 & 99
N 0
°17'
E 1
31.0
' E 96.5'
S 0°
17'W
131
.0'
N 89°47' W 96.5'
JOSEPH
M C
ORNWELL
KATHLEEN A C
ORNWELL
01-001-007496.1
N 243.0'
E 50.0'
S 2
43.0
'
W 50.0'
AJB
HO
LDIN
GS
LLC
01-0
0 1-0
07395
N 89°55'W 140.78'
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N 83°15'E 119.73'
S 7°
36'3
7" E
165
.22'ROLLIE HOLDING LLC
01-001-0082107
N 0°03' W
87.7'
NOB HILL CREST LLC
10801-001-0084
18.7S83°15'W
S 0°09'W 16.3S88°05'E 137.9
SOU
TH 1
49.4
0'
S 89°44'E10.0'
C/L DESC FOR RD BK 188 PG 56
R=139.97'T=80.0'L=145.4'
S 89°44'E10.0'
vr 2/01
70
65
78
16.0' WIDE ACCESS EASEMENT
75S
0°17
'W 3
24.0
'
5.0'
N 0
°17'
E 3
19.0
'
N 89°54'W 183.75'
N0°
17'E
5.0
0'
80.2
5.0'
5.0'
35.0'
N 0
°17'
E 6
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80.3
70.0'
REVOCABLE LIMITED USEEASEMENTS BK 548 PG 351451411
20.
0'
165.0'
10.0
'
220.0'
57.
5'
67.25'
147.5'
67.25'
10.0'
77.25'
100
.0'
45.0'
20.0'
10.0'
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C/L MONUMENT #31118915.68 58024.60
C/M #30118918.48 57463.62
35.52'MOAB CITY
57
62.1
60
97
101.1
101
7980.1
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ILLI
AM
S
AN
DREW
A TA
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99'99'
C/L M
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UM
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MA
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LCU
LATIO
NS
FRO
M D
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CITY
& A
LIGN
MEN
TW
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N89°47'W 90.62'
N0°
17'E
156
.75'
E 90.62'
S 0°
17' W
156
.75 '
CR
AI G
G T
UTT
L ESH
ERO
N S
TU
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01-0
01-0
2 28
85
W 130.0'
N 135.0'
E 130.0'
S 1
35.0
'
REBECCA ANN EVERY
01-001-004256.1
119428.54 57463.62
68.2
31
89
SECOND NORTH STREET ( F STREET)
BLOCK 25 BLOCK 24BLOCK 23
462
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°17'
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5 .0'
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17'W
25 .
0'
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°17'
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0 .0' S 89°47'E 110.0'
S 0 °
17'W
20 .
0'
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74.1
64.1.163.1
133 E 200 N
108.3
SOU
TH 1
76.2
0'
8.4
8.6'
SCALE: 1" = 100'
130.
00'
N 130.00'
10'
ESMT
79.180.1.1
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17'E
140
.25'
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NO
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157.18'
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S0°1
7 'W
172
. 15'
S0°1
7 'W
126
.50'
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66.1
S44°55' E 300.00'66.2Pole Line Easement
1.50'
1.50'
S 0°
17'0
0" W
167
.20'
7.0'
N 0
° 17'
00" E
167
.20'
7.0'
94N
0° 1
7'E
13.7
5 '
57.15861
N 82°47'35" E
8.33'
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5 '
S 89°47'00" E36.8'
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° 17'
00"
E13
.75 '
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105.26'
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°07'
04"
EN
16°
27'33
" E30
.00'
60. 1
SEWER ESMTEN504397BK800 PG223
S89°30'E96.50' N
0°1
7'E
13.5
0'
N 1
12.0
'
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W 96.60'
S 56
.10'
400 NORTH
MA
IN STR
EET
100
N 120016.74E 58440.26
N 120015.36E 57116.70
N113'
N 0
°17 '
E 1
17.9
'
S 89°30'E 96.5'
S 0°
17'W
117
.5'
N 89°47'W 96.5'
JEFFREY DAVISLAUREN DAVIS
01-001-0086
109
E 107.0'
R=14
1.51
'CH
BRG
=S 6
3°40
'E
D=35
.9'
S 37°15'E 8.2'
R=39.05
'
CH BRG=S 41
°23'E
D=24.0'
MEARL SHELDONDEEANNA SHELDON
01-001-0087110.3
190.
1'
N 88°27'W 93.0'
N 1
75.0
'
N 5
1.2'
N88°27'W 67.1'
NO
RTH
100
.0'
SOU
TH 1
00.0
'
EAST 50.0'
JAY NETHERCOTT
11101-001-0089
S1°2
4'E
42.0
'S89°50'W 50.83'
JAY
NET
HER
CO
TT11
201
-001
- 009
0WEST 98.9'
N1°
24'W
42.
0'
113.1112.4
S89°50'13"W 95.2'
EAST 95.2'
WELLS PROPERTIES LLC
113.201-001-0092
W 116.0'
N 104.0'
S 1
04.0
'
01-001-0093
E 58.2'
95.8
FRA
NC
ES H
EGEL
EB
OSL
EY11
501
-001
- 00 9
419
.4
19.4
'
WEST 396.0'
SOU
TH
335.
45'
EAST 269.5' 46.
5'
126.5'
NO
RTH
28
8.95
'
TURNER LUMBER OF MOAB01-001-0096
118
46.5
'
126.5'
ROSE FRYER01-001-0097 118.1
S0°0
8 'W
103
.2'
N89°53'W 162.7'
N0°
39'W
126
.4'
SE CORNER NE¼NW¼LOCATED BY SURVEYSAND LAND DESCRIPTIONS
S88°02'E 89.2'
S0°19'W 20.5' N89°59'E 75.4'
RONALD R WIGGLEROSE M WIGGLECHADWICK J WIGGLE
120 01-001-0099
N89°50'E 87.8'
WELLS PROPERTIES LLC
126
01-001-0108
BLOCK 25MOAB TOWNSITES89°50'W 87.8'
N0°
13'W
108
.0'
DELORES ANNBUTCHER
120.201-001-0101
JAMES H HOFFMAN TRUSTEEJAMES H HOFFMAN TRUST
114
W 165.0'
S 1
67.5
'
E 297.25'
N 165.5'
E W 149.75'
PARKSIDE TRAILER COURT LLC01-001-0081
106
N 0
°17'
E 9
4.5 ' S 89°47'E 316.0'
N 89°47'W 316.0'
UTAH POWER & LIGHTPACIFICORP
021-XST-0015
167.9'
50.00'
W 68.0'
S 1
17.0
'
E 68.0'
S89°25'W 1316.58'
S0°06'11.57"W 1355.33'
SEE SEPARATE PLAT FOR
LUCAS SUBDIVISION
SEE SEPARATE PLAT FOR
KERBY SUBDIVISIONSEE SEPARATE PLAT FORKERBY SUBDIVISION
E 462.0'
N 75.0
W 316.0'
S 94
.0' UTAH POWER & LIGHT
PACIFICORP21-XST-0015
E 96.5'
N 69.0'
E 215.5'
N 219.0'
W 312.0'
S 2
88.0
'
UTAH POWER & LIGHTPACIFICORP21-XST-0015
E 96.5'
S 1
12.0
'
W 96.5'
N 0
°17'
E 1
31.0
'
E 96.5'
S 0°
17'W
131
.0'
N89°47'W 96.5'
JOSEPH M CORNWELLKATHLEEN A CORNWELL
01-001-0074
96.1
N 10°50'W
116.6'
50'
60'
50'
N 10°50'W
116.6'
N 0 °05'W
481 .5'
PAR
K A
VEN
UE
PARK DRIVE
CITY PARK
S 89°55'W 67.0'
R=2515 14
13
N89°50'E 393.00'
1
2
3
4
5
6
7
PAR
K LA
NE
FOURTH NORTH STREET SECTION LINE
PARK DRIVE
50.0
'
S89°30'E 96.50' N0°
17'E
13.5
0'
W 96.5'
S 5
6.01
'
ENTRADA DOGS INC
01-001-0218109.1 & 96
18.2'
S 1°0 8 ' E 1 21 .4 0 ' ( 11 8 .1 7 ')
S89°51'E 115.70'
S 76.52' (79.7')) N 7
6.8'
(79.
7') S 76.8' (79.70')
E 3.70'
W 3.9'S 25.8'
50.00'
N 1
44.7
3' (1
58.5
0')
COORDINATE POINT FORMONUMENT BOX AT100 W AND WALNUT LANE118660.80 56900.87
E 116.0'
W 116.00'
178.2' N
S0°03'18"E 1344.26'
N 1
17.0
0'
S 0°1 3' E 1 08. 0'
1 010
49.5
'49
.5'
400 NORTH STREET
25'
BLOCK "C"
C/L
20 '
UT I
LIT Y
EA
SE,E
MT
S 00
°29'
W
6 64 .
0 '
50'
N 0
°05'
W12
3.50
'
N45°05'W 32.06'
N 89°50'E 275.0'
S 0°
05'E
123.
42'
60.0'
1
2
3
4
5
6
7
12
3
BLK D
BLO
CK
B
BLK E
11 10 9 8
25'
PLAT C
PLAT C-1 PLAT B PLAT A10.0'
5 467
1
2
3
4
5
6
1
2
3
4
5
6 7
8
9
10
11
12
BLOCK "A"
S89°50'W 152.0'121.36'
PAR
K R
OA
D
S89.50'W 226.1'
38.0'
N0°
10'W
455
.0'
39.27
'
168.
0 '
1ST
WES
T ST
REET
SOU
TH
48.7
'
COORDINATES FOR THEMONUMENT BOX @ 200 N &100 W N118920.81 E56902.46
1" = 50'
0 25' 50' 100'50'
Graphic Scale
LAR
RY
D C
AM
PBEL
LSH
AR
RE L
L A
CA
MPB
ELL
N 0°14' W
1 28.1'
N 89°50'E 105.9'
S 0°
56'W
129
.1'
N 89°33'W 103.3'
TONYA C LIMAS01-001-0102
122.1
N 0°52' W
1 30 .2 '
S 89°50'W 100.2'
S 0°
56'W
129
.1'
S 89°33'E 104.2'
MICHAEL H BYNUM &GINA M GIFFIN
01-001-0100120.1
S 0°
5 1'W
42 5
.5'
N 89°43'W 139.5'
N 411.5'
14.7'
N 0
°13'
E 1
2.8'
N 89°47'E 131.1'
FAR COUNTRY ENTERPRISES, LLC
FAR COUNTRYENTERPRISES, LLC
123.9
123.701-001-0106
01-001-0106
110.0'
412.5'
110.0'
412.
5'
NELSON COURTS LLC01-001-0107
124
S 6
60.0
'
W 548.0'N
OR
TH 660.00'
EAST 548.00'
NE¼NW¼ (LOT 3) SECTION 1 T26S R21E THIS PLAT IS MADE SOLELY FOR THEPURPOSE OF ASSISTING IN LOCATIONTHE LAND, AND THE RECORDER ASSUMESNO LIABILITY FOR VARIATIONS IS ANY,WITH AN ACTUAL SURVEY
S 5
1.2'
N 88°27' W 93.0'
N 49.6'
S 89°27'E 93.0'ORIN SCOTT PEADDARLENE D PEAD
01-001-0224110
NO
RTH
135
.0'
S 0°
5 1'W
42 5
.5'
N 89°43'W 139.5'
N 411.5'
SOU
TH 1
35.0
'
MARY K GULLETTE
119.101-001-0098
S 16.3'
S89°59'W 65.6'
N 0
°19 '
E 2
0 .6
BEG PT DISTANCESEEMS TO BE IN ERROR
N 89°47'E 212.5'(203.6)
N 0°47'W
167.0 '
S 0°
5 1'W
26 1
.7'
N 88°47'E 118.0'
S89°43'E 86.7'
S 0°14 'E 128. 1'(S °03 'E 1 18.3 ')
9.5'
113ROBERT & VEE CARROLL
FIR
ST W
EST
STR
EE (
FIR
ST S
TREE
T)
400 NORTH STREET
123.
6.1
115.1
11.0' 1 1. 3'
111.8'±
01-001-0091
01-0
01-0
095
268 W 226 W
272 W288 W
210 W 198 W178 W 144 W
132 W
165 N
123 W
135 W141 W189 W
200 N
W 58.49'
N 0
° 08'
00"
E 1
15.2
0'N89°50'E 204.30'
S 0°1 3'00" E 1 42.00'
WEST 75.0'
89.08'
102.0'
S 0°
01'E
138
.85'
103.0'
N 0°01'W
108.0'
108.0'
102.62'
108
.0'
142
.0'
2.21'
N 45°24
'23" E
N 55°36'16" E
N 72°43'10" W
S 45°44'23" E
N 89°50' W 66.14'
S 89°50'W 206.1'
N 0
°08'
E 3
00.0
'
S 89°50'W APPROXIMATELY 393.0'
S 0°
13'E
109
.3'
2ND NORTH STREET25.0
'
S 0°
47' E
167
.0'
N 89°43'W 122.6'
N 0
° 51'
E 1
6 3.8
'
N 88°47'E 118.0'
VIRGINIA RHAE CLARKCARROLL LEE CLARK
01-001-0105123.6
SOU
TH 230.00'
12
3 4
01-MLU-0001
01-MLU-0002
01-MLU-0003 01-MLU-000414,529 SQ FT12,060 SQ FT
11,103 SQ FT
10,380 SQ FT
89.06'
115.30' S103.1'
S 49.50'SO
UTH
660.00'
NO
RTH
660
.00'
SOU
TH 660.00'
S89°53'53"W 1315.37' EAST 264.00'
101
101.1
97
E 116.00'
W 58.49'
S 0°
01'0
0" E
108
.00'
16.93'14.47'
2.21'
S 0°
01'0
0" E
138
.85'
S 0°
10'0
0" E
10.
00'
155.20'
25.0
'
N 120015.36E 57116.70
N 118657.70E 55798.89
PARK WESTCONDOMINIUMS
100'
90'
90'
100'
RACHEL NELSONJACQUES HADLER01-001-0110
131.2
S0°10E 160'
S60°20'E 139.6
S 0°08'W 194.7'
N 89°25'E 505.70'S81°44'E 89.6'
S 0°11'W 856.30'
S30°E 43.44'
N 0
0 °1 5
'E1 3
3 9.7
0 '
N 89°50'E 495.00'
N 0
0°11
'E
NW 1/4 NW 1/4 SECTION 1 T26S, R21E
4TH NORTH STREET5T
H W
EST
STR
EET
(LOT 4)
N 90°E 165.00'
210.
25'
N 90°W 165.00'
N 0
0°E
210.
25'
133
S 00
°05'
E
N 89°50'E 275.00'
R = 145.15'L = 9.16CH = 9.16'BRG = N43°16.5'W
R = 127.88'L = 74.86'CH = 73.80'BRG = S16°51.3'E
N 0
0°05
'W
R = 77.88'L = 61.17'CH = 59.61'BRG = N22°35'W
MOAB VALLEY HEALTHCARE SUBDIVISION
131.1, 132.2 & 132.3
N 90°E 289.8'
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
CORRECTED MOAB IRRIGATIONE# 510904 BK 826 PG 970 2-17-16
N 0
0°E
400.
21'
CORP OF THE PRESIDING BISHOPOF THE CHURCH OF JESUS CHRISTOF LATTER-DAY SAINTS
01-001-0112
76.1'
S 00
°E13
6.00
'
400.
21'
DEBBIE SJOBLOMLEE SJOBLOM
01-001-0114
N89°50'E 320.20'
N 0
0°E
136.
00'
JAC
QU
ES C
HED
EGO
HA
DLE
RR
AC
HEL
MA
RIE
NEL
SON
131.3
01-001-0111
S 2°
15'W
317.9'
N 4
°10'
E 3
18.7
'
23.1'
135.
1
S 00
°17'
00.0
" W42
3.90
'N 90°E 320.20'40
.7'
N 0
0°E
442.
60'
CANYONLANDS HEALTHCARE SPECIALSERVICE DISTRICT
132
01-001-0113
S 00
°11 '
W13
3'
S 89°50'W 321.00'
N 0
°31'
40.6
"E1 3
3 .0 1
'
STA
CY
R W
IMM
ER
BETTE E WIMMER TRUSTEED S WIMMER MARITAL TRUST
135.5 01-001-0234
R = 15L = 21.9'CH = 20'CH = S42°16'W
S00°
05'E
119
.5'
S 0 0
°34 '
W4 5
7 .70
'
ORIGINAL SOUTHBNDRY OF LOT 1
N 0
°11'
E 3
14.0
'
20' 20'
139.
00'
KERBY
SUBD
IVISIO
N
EMERALD SUBDIVISION
EMERALD SUBDIVISION
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
N89°17'59"E 57.85'
S 00
°E
297.
06'
S 83°05'W
3.7'N90°W 76.1
36'
92.5'
N 90°E 222.5'
N 00°29'E
202.85
23.92'
44.9'
DRAKE E TAYLOR
131132.3.1129.1
01-001-0109
213.12'
16.0
' E
30'E
208.
6 '
230'
E
330'
E
495'
E
660'
E
S 0°11'W 890.5'
134.
1
189.4'
249.5' S
315.1' S
362.9' S
382.5' S
467.3' S
GR
AN
D C
OU
NTY
N0.05'W3.92
THIS PLAT IS MADE SOLELY FOR THEPURPOSE OF ASSISTING IN LOCATINGTHE LAND, AND THE RECORDER ASSUMESNO LIABILITY FOR VARIATIONS IF ANY,WITH AN ACTUAL SURVEY.
289.8'
S 0°
15'0
1" W
133
8.7 '
120010.68 54485.96
S 0°
11'W
878
. 3'
118671.99 54480.11
49.5
'
165.0'
49.5' 49.5'
210.25'
49.5
'
49.5'35 362 1
C/L TOPAZ CIRCLE
BLO
CK
" B"
BLO
CK
"A"
BLOCK "C"
74.85'
52.8
5'
82.5'
S 16
°00'
W 1
19.2
'
70.0'
70.0' 70.0'
70.0' 70.0'
70.0'
S0°49 'E 1022. 30 '
N 0
° 19'
E 1
32.7
' N89°53'E 147.60'
S0°12'W 423.70'
N 0
° 11'
E 8
9 0.5
'
S 0°11'W 630.75'
210.25'
E 320.3'
S 89°43'E 108.36'
S 402.1'
N 0
° 39'
E 2
6 9. 9
3 '
MO
AB
IRR
IGA
TIO
NW
ATE
R D
IST
LN
1 2 3
360.0'C/L 400 NORTH STREET (SECTION LINE)
C/L
500
WES
T ST
REE
T
( SEC
TIO
N L
INE)
3
4 5.2 6
7
8
9
10
11
12
13
14
15
4 5 6 7 8
80.0 '
75.0'
75.0'
75 .0 '
75.0'
75.0'
82.5'82.5'
70.0'
73.0'
48.15'
11
12
13
14
15 16
10 9
8
76
5
4
3
2
1
82.5'
200
.0'
180.5'
235.6'
180.5'
127.4'
120
.0'
60.0'
60.5'
120.0'
N 89°50'E 180.5'
S 0°11'W 200.0'
N 0
° 11'
E 6
0.0 '
S 89°50'W 140.5'
N 0
° 11'
E 1
40. 0
'
JIMBO'S COUNTRY MARKET LP
01-MEM-0001
S 89°50' E 140.0' S 0°29' W 87.0'
S 89°50' W 140.0'
N 0
° 11'
E 8
7.0 '
1.12
01-MEM-0016
S 0°11'W 65.6'
S 89°50' W 40.5'
N 0
° 11'
E 6
5.6 '
N 89°50' E 40.5'
HIR
SCH
FELD
S 0°11'W 363.5'
N 0
° 11'
E 8
7.0 '
S 89°50' E 140.4'
S 0°29'W 87.0'
N 89°50' W 140.0'363.5'
RICHARD J HIRSCHFELDCYNTHIA J HIRSCHFELD
2.1.101-MEM-0041
RICHARD J. & CYNTHIA J. HIRSCHFELD
01-MEM-00032.1
1
49.5'
30.0'30 .0'
30.0'
20.0' 20.
0 '
60.5 30' 30'
01-MEM-00085
01-MEM-0006
01-MEM-0007
01-MEM-0008
01-MEM-0009
01-MEM-0010
01-MEM-0011
01-MEM-0012
01-MEM-0013
01-MEM-0014
01-MEM-0015 01-MEM-0017
01-MEM-0018
01-MEM-0019
01-MEM-0020
01-MEM-0021
01-MEM-0022 01-MEM-0023
01-MEM-0024
01-MEM-002501-MEM-0026
01-MEM-0027
01-MEM-0028
01-MEM-0029
01-MEM-0030
01-MEM-0031 01-MEM-0032
01-MEM-0033 01-MEM-0034 01-MEM-0035 01-MEM-0036 01-MEM-0037 01-MEM-0038 01-MEM-0039
CHRISTOPHER T. DRAKECLAUDIA J. DRAKE
01-MEM-0040
W H BURT EXPLOSIVES
01-MEM-0004
143.
0 '
49.5'
49.5'
S 0° 11' W 84 1. 0'
49.5'
49.5'
N 89°50'E 445.5'
N 0°11' E 128.0'
N 89°50'E360.0'' 30.0'
180.5' 105.0'
80.15'
80.15'
70.0'
70.0'
70.0'
75.0'
7 5.0'
S 89°50' W 135.0'
S 0°11'W 424.5'
N 89°50' E 185.0'
S 0°11' W 338.0'
76.4' 76.3' 76.3' 76.3' 76.3' 76.3' 76.3' 76.3'
98.0
98 .0'
N 89°50'E 250.0'C/L PARK DRIVE
143.0'
75 .0 '75.0'
75.0'75.0'
78.0'
80.0'75 .0 '
45. 15'
75.0'75 .0 '
60.0' 60.0'
100.0'
82.5'
S 51°10' W
91.80'
164.75'
N 51°30' W 91.80'
82.5'
82.5'
N 15°36' W
119.5'
82.5'
70.0'
105.0'
70.
0'
79.85'
44 .85'
52.1'
52.4'
52.7'52.1'
52.7'
OPA
L AV
ENU
EO
PAL A
VEN
UE
359 OPAL AVE
274 N 500 W
312 N 500 W
366 N 500 W
495 W 400 N
380 N 500 W
01-MEM-0002
492 W PARK DR 474 W PARK DR
452 W PARK DR
277 OPAL AVE
293 OPAL AVE
311 OPAL AVE
327 OPAL AVE
343 OPAL AVE
359 OPAL AVE
375 OPAL AVE
451 W 400 N 415 W 400 N
378 OPAL AVE
362 OPAL AVE
348 OPAL AVE
450 W TOPAZ CIR
418 W TOPAZ CIR 420 W TOPAZ CIR
422 TOPAZ CIR
425 W TOPAZ CIR433 W TOPAZ CIR
449 W TOPAZ CIR
290 OPAL AVE
276 OPAL AVE
414 W PARK DR
402 W PARK DR408 W PARK DR
495 W PARK DR 475 W PARK DR 365 W PARK DR401 W PARK DR409 W PARK DR425 W PARK DR441 W PARK DR459 W PARK DR
NORMAN C BARBERVICKI BARBER
R=25
N 0
°10'
W 2
08.0
'
128.0'
15N 89°50'E 226.3'
1010
49.5
'49
.5'
400 NORTH STREET
25'
69.0' 69.0' 68.0'
120.
0'
69.0'
50'
123.
5'
N45°05'W 32.06'
N 89°50'E 275.0'
23.93'
123.
42'
01-MKE-0043
01--MKE-0044
01-MKE-0045
01-MKE-0046
11
10
9
25'
71.08'
78.0
'
95.2'
78.0
'
93.42'
79.0
'
92.52'
79.0
'
N89°55'E 91.46'
94.32'
BLK D
BLK E
PLAT C-1
01-MKE-002201-MKE-OO2301-MKE-002401-MKE-0025
01-MKE-0040
01-MKE-0041
01-MKE-0042
1
2
3
4
5
6
1
2
3
4
5
6
95.0'
95.0'
95.86'
101.
0'
S89°50'W
152.0'121.36'
PAR
K R
OA
D
283 W PARK DR295 W PARK DR307 W PARK DR321 W PARK DR
350 N PARK RD
336 N PARK RD
322 N PARK RD
308 N PARK RD
294 N PARK RD
280 N PARK RD
297 W 400 N
351 N PARK RD
335 N PARK RD
321 N PARK RD
307 N PARK RD
293 N PARK RD
279 N PARK RD
C/L
20 '
UT I
LIT Y
EA
SE,E
MT
01-MKE-0026
01-MKE-0027
01-MKE-0028
01-MKE-0029
01-MKE-0030
01-MKE-0031
S 0°39'W 802.80'
N 0
°58'
W 1
43.8
2'
1.2
N75°03'58"E 153.11'N89°59'57"E 591.67'
S50°29'13"E
73.17' S89°53'30"E 57.87'
138.5
20' wide Gas Line Easement #494831 Book 759 Pg 895
L16
93.0
5'
C1
C4
C3
C2
C5
C8
C6
C7
WALNUT LANE
80.0'
70.0'
80.0'80.0'
80.0' 80.0'
55.0'
53.0'
79.0
'
70.2
0'
131.1'
64.2'
EAST 432.42'
NO
RTH
25.72'
EAST 217.11'
58.63'
30.67'
50'
50'
(87.0')
SOU
TH 4
7.90
'
L
L
(106.5')
SOU
TH 1
82.9
'
C 10 FT. WIDE PUBLICUTILITY ESMT.L
C 10 FT. WIDE PUBLICUTILITY ESMT.L
10 FT. WIDE PUBLICPEDESTRIAN ESMT.
10 FT.PEDESTRIAN ESMT. PARCEL B
11,554 SQ. FT.
LOT 336,005 SQ. FT.
LOT 431,490 SQ. FT.
LOT 559,970 SQ. FT.
1.00'
CARE CAMPUS DRIVEPUBLIC ROAD DEDICATION
OR
CH
AR
D PA
RK
LAN
E
382 W 356 W 182 N
S58°29'E 84.6'
SOU
TH 4
2.00
'
EAST37.00'
SOU
TH17
3.00
'
208.93' 223.49'
01-0MVH-0003 01-0MVH-0004 01-0MVH-0005
MOAB VALLEYHEALTHCARE SUBDIVISION
01-0MVH-0006
PARCEL A3.00 ACRES
MAPS SUBDIVISION PHASE 1
S 1
5.0'
W 135.0'
S 6
5.0'
10.0'
N 65.0'
N 0
°39'
E 1
5.0 '
GRAND COUNTY
01-MAP-0001
W 97.72'
A.2MOAB CITY
223.29'01-MAP-0002
S 00°12'17"W1334.51'
26.2UT PWR
26.2
01-001-0223131.4 & 129.1.1
N89°55'E 508.00'
N0°58 '08"W
84. 40'
N45°29'04"W
49.08'
WEST 592.34'
S60°00'W 147.68'
S89°59'40"E 223.40'
189.68'131.56'
123.33'
50.00'
205.
06'
189.68' 169.34' 241.42'
189.
82'
5 0'
EAST42.89'
N60°00'E
147.68' 195.86'
C OF 33 FT. WIDE WATER & SEWER EASEMENT
C OF 15 FT. WIDE PIPELINE EASEMENT
S0°3
9'W
26 9
.93 ' 189.82'
EAST 650.44'
S0°1
2 '25
" W 2
51.5
6'
N89°33'44"W 254.49'
S89°47'13"W 29.67'
MOAB VALLEY HEALTHCARE SUBDIVISION
137.
1
S 30°22'43" E 1252.66'
S 0°00'00" E 2.88'
214.1
MOAB IRRIGATIONCORRECTED DESC. DITCH 2510904 BK 826 PG 970 2-17-16
S 89°51'W385.6'
319.7'
N 3°09 'W76.8'
N 86°43'W31.0'
N 1
°45 '
E82
3.1'
N 58°01'W20.5'
N 71°41'W56.4'
N 87°27'W84.5'
N 88°58'W56.7'
N 88°58'00" W
N288.60'
N 0
° 08'
00" E
184.
39'
S 89°16'00" W298.38'
S 89°47'W
N 58°01'W20.5'
356.60'
MOAB IRRIGATION10 FT EACH SIDE OF C/L
CENTER LINE DESC TO MOAB CITY BK 109 PG 438 S 88°33'W 1523.7'
N89°26'48"E 99.56'
SW¼NW¼ SECTION 1 T26S R21E
687.0'
361.47'
438.
5'
MARY COLLEENHOLYOAK TAYLOR
141.1.2141.9
01-001-0123
S 0°12'E76. 27'
117.94'
217.5' 687.0'
MARY COLLEEN HOLYOAK TAYLOR
01-001-0088
S 88°40'W 135.9'
N 0°0 5'W
137.6'
N 89°03'E 136.1'
136
.7'01-001-0126
142142.2.1
N89°55'E 60.0'
N 89°47'00" W1219.8'
S 89°47'W
N 89°34'00.0"W 266.90'
S 88°49'E 637.4'
S89°03'W 416.3'S 88°33'W 128.94'
WANG ORGANIZATION LLC01-001-0115
123
1560.17'
76.6'S 89°27'W
N 0
°15'
E35
2.0'
N 88°50'E60.4'
S 8°29'E36.3'
S 23
°00'W
54.8
'
S 58°41'E41.2'
S 72°51'E173.6' N 69°13'E
88.3'S 72°23'E121.6'
S 24°28'E
73.9'
S 50°53'E58.1' N 83°00'E43.9' S 71°45'E80.5' N 89°08'E
203.4'S 55°12'E49.9' S 84°12'E
90.7'N 73°27'E
59.0'S 74°58'E53.0' S 86°48'E
76.6'S 65°49' E42.9'1199.4'
MOAB CITY
141.1301-001-0241
GRANDCOUNTY
141.
2
01-001-0242
OVERLAP BY E457979BK 585 PG 225
687.0'
MARY COLLEEN HOLYOAK TAYLOR
141
W 1/4 COR SET AT OLD FENCE COR117331.30 54474.26
(WOULD BE N 117333.65 E 54474.25 IF SET AT 38.88 CHN FROM SW COR
IF SET BY PROP DIST N 117389.11 E 54474.51SURVEY INFORMATION BY RLJ 11/29/78
GRAND COUNTY SURVEYER'S OFFICE FILE)
142.3.1
10.0'
N 0
°14'
E 4
88.0
'N
0°04
' E 1
72.0
'
13'
S 0°
15'0
2" W
660
.0'
353
.3'
103.0'
16.
5'
17.0'
369.8'
120.0'
ROBERT DEE TAYLORTAMMY KEY TAYLOR
01-001-0125141.8.2.1141.9.1
THE COTTONWOODS AT WILLIAMS WAY, PHASE III
S0°1
2'25
" W 1
3 22 .
6 7'
S 89°26'48" W 1317.58'
N0°
15'0
1"E
1 316
. 02'
438
.5'
WANG ORGANIZATION LLC
MOAB IRRIGATIONDITCH 2 6/3/15(SECONDARY LINE)E# 508949 B 819 P 661
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
1044.0'
208
.58'
1044.0'
MARY COLLEEN TAYLOR
01-001-0117
141.3
1" = 100'
0 50' 100' 200'100'
Graphic Scale
261.0'
THE COTTONWOODS ATWILLIAMS WAY, PHASE 1
3B 3A 2B 2A1B 1A
5950 SF343 W5983 SF
347 W5878 SF355 W5777 SF
359 W5674 SF365 W5572 SF
369 W
39.30' 39.30' 39.30' 39.30' 36.15'
FOUR CORNERS COMMUNITYBEHAVIORAL HEALTH INC
N 210.33'
N0 °
14'E
488
.00'
N 0
°04'
E 1
66.5
4'
WEST 232.65'
NO
RTH
140.48'
39.39' 39.39' 39.39' 39.39' 39.39' 40.76'
SOU
TH 1
43.0
9'
SOU
TH 1
45.7
0'
SOU
TH 1
48.3
1'
SOU
TH 1
50.9
2'
SOU
TH 1
53.5
3'
S88°50'27"W 236.92'
5' W
IDE
UTI
LITY
ESM
T.
39.30'
20.7
'
532.
86'
N 0°04'E 10.8'
S0°1
3'E
101.
34'
N 1°35'E12.0'
WEST 39.30'
NO
RTH
137.98'
WEST 39.30'WEST 39.30'WEST 39.30'WEST 39.30'WEST 39.30'WEST 39.30'WEST 39.30'WEST 39.30'
NO
RTH
135.37'
NO
RTH
133.38'
NO
RTH
132.63'
NO
RTH
131.87'
NO
RTH
131.12'
NO
RTH
130.37'
NO
RTH
129.61'
NO
RTH
128.86'
WEST10.76'
N88°54'E 39.31' N88°54'E 39.31' N88°54'E 39.31' N88°54'E 39.31' N88°54'E 39.31' N88°54'E 39.31' N88°54'E 39.31' N88°54'E 13.31'
N86°12'E 26.05'
N86°12'E 39.39' N86°12'E 39.39'
SOUTH LIMITS OFUTILITY EASEMENT
LOT 4A5,471 SQ. FT.
LOT 4B5,371 SQ. FT.
LOT 5A5,273 SQ. FT.
LOT 5B5,227 SQ. FT.
LOT 6A 5,197 SQ. FT.
LOT 6B5,167 SQ. FT.
LOT 7A5,138 SQ. FT.
LOT 7B5,108 SQ. FT.
LOT 8A5,078 SQ. FT.
LOT 8B5,059 SQ. FT.
5 FT
. WID
E W
ATE
R &
SEW
ER E
ASE
MEN
T
429 W. 425 W. 419 W. 415 W. 405 W. 401 W. 393 W. 389 W. 381 W. 377 W.
THE COTTONWOODS AT WILLIAMS WAY, PHASE II
WEST 364.46'S88°29'W 12.17'S88°32'W
16.38'
N88°54'E 288.46'N86°12'E 104.83'
S88°54'W 386.74'
N 2
0.41
'
S49°42'23"W
2934.54'
FROM THE N 1/4
CORNER
S89°32'W 384.42'
N0°13 'W
101.8 1'
S88°38'W 2.61'
N0°
04'E
10.
80'
N1°
35'E
12.
00'
39.30' 39.30' 39.30' 39.30' 39.30' 39.30' 39.30'
39.31'
128.
41'
39.31' 39.31' 39.31' 39.31' 39.31'39.31' 39.31'
125
.37'
125
.80'
126.
24'
126
.67'
127
.10'
127.
54'
127.
97'
39.30'70.02'
72.65'9A01-COT-0017439 W
9B01-COT-0018443 W
10A01-COT-0019451 W
10B01-COT-0020455 W
11A01-COT-0021465 W
11B01-COT-0022469 W
12A01-COT-0023477 W
12B01-COT-0024481 W
13B01-COT-0025493 W(H.O.A. PARCEL)
WILLIAMS WAY
N 01°44'07"E 654.52FROM THE W 1/4 CORNER
10 FT WIDE UTILITY EASEMENT
10 F
T W
IDE
WA
TER
& S
EWER
EA
SEM
ENT
10 F
T W
IDE
UTI
LITY
EA
SEM
ENT
S 0°
05'0
0" E
158
.70'
W 281.60'
N1°
42'E
65 .
4 0'
N 1
°38'
0 0" E
88.
77'
N 89°03'00" E 276.95'
(SEE NOTE #2)
SOUTH R-O-W WILLIAMS WAY
15 FT WIDE UTILITY EASEMENT10 FT WIDE UTILITY EASEMENT
40.07'
108.24'
N 5
°23'
35" E
46.
75'
40.00'
115.38'
N 6
°15'
01" E
40.
31'
39.48'
119.64'
N 7
°39 '
37" E
36 .
80'
38.60'
114.92'
N 8
°34'
03" E
42.
30'
37.00'
N 88°36'22" E 123.31'
38.96'
N 88°07'18" E 123.41'
N 87°38'25" E 123.39'
THE COTTONWOODS AT WILLIAMS WAY ADDITION NO. 1
LOT 16B
S88°33'W 498.20'
N0°58' W 8. 60 '
S89°03'W 442.40'
N2°54'W
44.70'
N76°26'E 159.40'
S4°0
2'E
48.0
0'
N77°30'E 107.20'N52°55'E 75.20'
LOT 17A
LOT 15ALOT 15BLOT 14ALOT 14B
4750 SQ FT41 N
4824 SQ FT57 N
6076 SQ FT323 W
6144 SQ FT327 W
6240 SQ FT335 W
6360 SQ FT339 W
01-COT-0031
LOT 16A4868 SQ FT51 N01-COT-0030
LOT 17B4868 SQ FT45 N01-COT-0033
01-COT-0032
01-COT-002801-COT-002901-COT-002601-COT-0027
WEST R
-O-W
SHI ELD
S LN
SHIELD
S LAN
E
WILLIAMS WAYP-O-B LOCATEDN 59°04'W 1543.4 FTFOR THE CENTER ¼ CORSECTION 1 T26S R21E
123.45'
01-001-0250
35.01'
S 88°52'W 371.93'N 88°52'00" E
655.0'
NO
RTH
189.82'
EAST 650.44'
S0°1
2 '25
" W 2
51.5
6'
N89°33'44"W 254.49'
S2°1
4'28
"W
40
.72'
S89°47'13"W 29.67'
EAST 432.42'
NO
RTH
25.72'
EAST 217.11'
58.63'
50'
S 0 °
15'W
83.
15'
E10.01'
E 28.44'N 75°00'E
25.88'
N60°00'E 156.34'
N 75°03'58" E 153.11'N 89°59'57" E 591.67'
S 50°29'13" E 73.17'S 89°53'30" E 57.87'
138.5Gas Line Easement, #494831 Book 759 Pg 895
50'
(87.0')
SOU
TH 4
7.90
'
(106.5')
SOU
TH 1
82.9
'
C 10 FT. WIDE PUBLICUTILITY ESMT.L
10'x10' FIREHYDRANTEASEMENT
10'x10' FIREHYDRANT EASEMENT
LOT 1358,070 SQ. FT.
LOT 2104,790 SQ. FT.
PARCEL B11,554 SQ. FT.
LOT 336,005 SQ. FT.
LOT 431,490 SQ. FT.
LOT 559,970 SQ. FT.
1.00'
CARE CAMPUS DRIVE PUBLIC ROAD DEDICATION
S0°58' 08"E 453. 94'
OR
CH
AR
D PA
RK
LAN
E
PUB
LIC R
OA
D D
EDIC
ATIO
N
10 FT. WIDE PUBLICPEDESTRIAN ESMT.
10 FT.PEDESTRIAN ESMT.
10 FT.PEDESTRIAN ESMT.
10 FT. WIDE PUBLICPEDESTRIAN ESMT.
WILLIAMS WAY
500
WES
T ST
RE E
T
(175') 10'x10' FIREHYDRANTEASEMENT
N 89°32' E 43.42'
S0°1
5 '01
" W 3
01.3
5'
S88°50'W 50.50'
N0°
08'3
0"E
301 .
96'
N 89°32' E 7.64'
MOAB CITY
141.14
L13
L14
L16
93.0
5'
C4
C3
C2
C5
C8
C6
C7
WALNUT LANE
450 W
390 W
382 W 356 W 182 N
OR
CH
AR
D P A
RK
LAN
E
S58°29'E 84.6'
SOU
TH 4
2.00
'
EAST37.00'
SOU
TH17
3.00
'
EAST 223.00'
SOU
TH 2
79.0
0'
(27')
208.93' 223.49'
01-0MVH-0001
SEE SEPERATE PLAT FORMOAB VALLEY HEALTHCARE INC
01-0MVH-0002
CANYONLANDS HEALTH CARESPECIAL SERVICES DISTRICT
01-0MVH-0003 01-0MVH-0004
MOAB VALLEYHEALTHCARE SUBDIVISION
01-0MVH-0005
MOAB VALLEYHEALTHCARE SUBDIVISION
01-0MVH-0006
N89°32'E 340.92' N89°19'20"E 112.03'
12.9
6'
S 86°27'12" W 39.38'
14.64'
N 88°54'00" E 39.31'
11B.1 UTILITY ESMTEN506546
BK808
9.60
'
S 86°27'12" W 39.38'
11.28'
10B.1 Utility ESMTEN506545
BK808/
11.2
8'
S 86°27'12" W 39.38'
12.96'
11A.1 Utility ESMTEN506544
BK808
16.3
2'
S 86°27'12" W 39.38'
18.00'
12B.2 Utility ESMTEN506543
BK808
N 89°54'00" E 39.31'
S 60°00'00" W 45.40'
22.00'
12B.1ACCESS
ESMT EN477367BK6985
S 87°55'W172.9'
S 58°46'W
103.6'
S 38°
34'W
119.1
'
1'
50'
S0°5
8'08
"E 4
36.8
9'
S88°51'40"W 1026.96'
N0°
39'0
5 "E
5 32 .
8 7'
320.93'
369.54'N
0°58 '08"W 84. 40'
WEST 592.34'
S75°00'W 139.92'
S60°00'W 147.68'
S75°00'W
30.87'WEST43.46'
N0°
00'2
0"E
174.
04'
N45°00
'20"E
44
.90'
N0°
00'2
0"E
2
9.0 8
'
S89°59'40"E 34.33'
N45°00'20"E 4.60'
N44°59'40"W
9.25'
N45°00
'20"E
4
0.13'
N0°
00'2
0"E
103
. 00'
S89°59'40"E 223.40'
189.68' 131.56'
N68°51'35"E
10.82'
N23
°51'3
5"E
6
8.44
'
NO
RTH
123.33'
50.00'
SOU
TH 2
05.0
6'
S44°46'52"E
63.40'
189.68' 169.34' 241.42'
SOU
TH 1
89.8
2'
5 0'
EAST42.89'
N75°00'E
4.99'
N60°00'E
147.68' N63°26'24"E
38.44'
195.86'
C OF 33 FT. WIDE WATER & SEWER EASEMENT
C OF 15 FT. WIDE PIPELINE EASEMENT
219.12'
162.
21'
3 89 .
81'
655.04'
N 80'
S 120'
S 80
'
N 120'
OVERLAPSPROPERTY LINE
510644 BK 825 PG 946
141.9.2
S 89°51'W385.6'
N 88°58'00" W
N 288.60'
N 0
° 08
184
S 87°55'W172.9'
S 58°46'W
103.6'
S 38°
34'W
119.1
'
356.60'
214.1
CORRECTED DITCH 2E# 510904 B 826 P 970 2-17-16
N 0°5 8' 00 " W
8.60 'N
0°5 8' 00 " W 42 1.50 '
S 1°
12'E
135
.9'
1" = 100'
0 50' 100' 200'100'
Graphic Scale
01-001-232
WANG ORGANIZATION LLC01-001-0115
123
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
N 88°23'E 299.6'
KEITH EUGENE HOLYOAKALVIE LLOYD HOLYOAKMARY COLLEEN TAYLOR
JOHN ORRAL HOLYOAK, LIFE ESTATE ONLY
01-001-0119
141.5
KEITH EUGENE HOLYOAKVERA MICHELLE HOLYOAK
01-001-0118
141.4
N 88°46'36" E 135.83'
MOAB CITY
E 84.3'
145141.5.2
01-001-0133
JOHNSO
N PROPE
RTIES
SUDIV
ISON S
EE PL
AT N 84°59'W 146.53'
S88°06'E 26.0'
S 88°43'E 244.6'
01-001-0127
142.1A = 137.25'R = 336.60'
A = 146.62'R = 1210.00'
01-001-0141
SHARI MITHCELLTRACY MICHAUD
N 82°50'W20
125
S 1°39 'E1 37.8 '
286.16'
N 80°14'E 56.6
2.8
ROBERT DEE TAYLORTAMMY KEY TAYLOR
73.2 76
N 1
°03'
W
127.
1
01-001-0122
S 1
38.2
KA
RL
M S
CH
MA
EA
NG
E LIN
A A
SC
HM
AE158.1
01-001-0146
SOU
TH 92.3'
154.1
MOAB DEVELOPMENT TRUST 9/26/14BUSINESS RESOLUTIONS LLC TR
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
E 122.00'
6'6'
SOU
T H 4 15.5 8'
S0°0
9'3 4
"W 1
329.
3 1'
S 89°26'47" W 1317.58'
01-001-0148
S0°5
1'E
90.0
'
165165.1
30.8
'
164.1
21.5
'
MARY SUSANCORAN
MCLAUGHLINTRUST
166.2
10.6'
01-001-0154166.1
01-001-0155
KATHLEEN M. MAY TRUSTEEKATHLEEN M MAY TRUST
S 58°30'E 17.7'
66.5'01-001-0205
A=50.3'R=1232.5'
CHD BRG S 87°04'EL=50.3'
MOAB CITY141.3.1.1
S 4°
59' W
112
.2'
N 89°03'E 21.1'
A=69.94'R=217.0'CHD BRG=S 81°36'58"EL=69.63'
01-001-0254
S 26°04'E 130.3'
01-001-0157169.3170.1
S52°23'W
147.6'N58°30'W
11.3'
S 89°45' W 43.2'
S 89°45' W 43.2'
N35°01'W
7.9'
S 70°35'E 51.6'
01-001-0139151.1
S 79°10'E 65.3'
S 81°59'E 65.0' S 79°10'E 73.0'
147
479.
7'
01-001-0134
DESERT BLUE LLC
141.1.2141.9
A = 57.47'R = 1292.48'
S88°50'E 16.05'
MIC
HA
EL B
. TA
YLO
RH
EATH
ER L
. TA
YLO
R
01-001-0124
SOU
TH 4
15.5
8'
01-001-0235
ALV
IE L
LOY
D H
OLY
OA
K T
RU
STEE
DEA
NN
E N
HO
LYO
AK
TR
UST
EEA
LVIE
LLO
YD
& D
EAN
NE
N H
OLY
OA
KFA
MI L
Y T
RU
ST
118408.96 56948.77
117848.20 56945.34
117749.20 56944.85
CENTER &100 W
117798.89 56895.60
WILLIAMS WAY
MARY COLLEEN TAYLOR01-001-0117
141.3
A = 90.98'R = 277.00'
S 89°47'E 297.7'
N88°42'W 70.8'
S89°23'W 556.0'
S 88°59'W 55.0'
A=53.01'R=217.0'
CH BRG=S 65°25'22"E 52.88'
142.2.2.201-001-0201
MARY COLLEENHOLYOAK TAYLOR
141.8.2.1141.9.1
S 89°27'W 953.7'MOAB CITY
318.00'
JOHN A HARTLEY TRBARBARA M HICKS TRH & H TRUST
N 0°00'00" W
N 0°00'00" W
318.00'
19.1 'S0°1 0'25"E
S89°26'W 102.3'
90.30'
JOHN A HARTLEY TRBARBARA M HICKS TRH & H TRUST
01-001-0120
MOAB IRRIGATIONDITCH 2 6/3/15E# 508949 B 819 P 661
CENTER 1/4 CORSEC 1
100.00'
E 95.0'100.00'
141.6.1
ABJ HOLDINGS LLC
10.15
10.9'
141.5.4141.5.5
N 82°25'E 60.7'
281 W
243 W
MOAB DEVELOPMENT TRUST 9/26/14BUSINESS RESOLUTIONS LLC TR
01-001-0158
N 67°51' W 93.93'
N 0°4 7' W
73 .8 2'
MOAB IRRIGATION CO. DITCH R/W
15.48'12
.18'
E 206.7'
141.101-001-0116
17.41'
49.5
8'
THIS PLAT IS DRAWN FROM THE PARCEL DESCRIPTIONSAND IS SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATINGTHE LAND.THE RECORDER'S OFFICE ASSUMES NO LIABILITYFOR VARIATIONS IF ANY, WITH AN ON SITE SURVEY.
97.3
N89°33'E 87.80'
275 W
255 W
54 N.
245 W 235 W1.12' 1.5' 2.61'
135.8'
21.7' 24.
6'
24.6'
N 88°40'E 53.4'
53.4'
S 0°01'5 6" E 25.84'
S 0°
51'E
344
.5'
S 89°03' W 416.3'
59.
0'
01-001-0131 80.0'
28.5
'
149.4
17
8.9'
MARY COLLEEN HOLYOAK TAYLOR
01-001-0117
N 8
8.30
'
E 31.3' 9.4'
W 115.3'
SW COR SE¼NW¼VALLEY CONTROL
117344.02] 55791.78
S0°14'53"W 164.72'
01-001-0125
SOU
TH 92.3'
E17.76'
SE¼NW¼ SECTION 1 T26S R21E SLB&M
01-0
01-0
143
W10'
E10'
125'
N 2
°57'
E 5
.9'
SHARON SCOTTJOHN D SCOTT
01-001-0142
154
104.56
94
28.5
3 125
15501-001-0143
S 0°
57'E
115
.4
S89°37'E 84.5
138.
2
N 80°57'E16.4
S0°21'W 457.10'
N 85°27' W 147.7'N 87°53' W 33.5'
S 76°45'W
4.8'
N 7
9°06
' W 9
.0'
N22
°23'E
20.5
'N
0°08
'W 5
8.7'
N 88°14'W 4.0'
N76°38'W 136.3'
N 52°32'E 86.8' N 88°43'E 244.6'N 80°16'W 140.1'
S 88°33'W 498.2'
N 0°58' 00 " W
8.60 'N
0°5 8' 00 " W 42 1.50 '
N84°17'W 64.31'S 89°03'W 442.4'
N 2°54'W
44.7'
N 76°26'E 159.4'
S 4°
02'E
48.
0'
N 77°30'E 107.2'N 52°55'E 75.2'
N 79°27'E 185.9'
S 89°43'E 86.7'
S 79°10'E 83.20'
S 0 °
21' W
28.
9'N 71°54' W 87.40'
N 4
°59'
E 1
7.4'
S 4°
45'W
17.
48'
S 2°
57'W
132
.0'
N 86°40'W 131.4'
150.0'
HELENE ROHR01-001-0138
151
S 0°
29'E
147
.6
73.2
WIL
LIA
M T
LA
MB
ERSO
NLU
DM
ILA
MIN
TUN
LA
MB
ERSO
N158
01-0
01-0
145
N88°50'W 16.05'
S 1
38.2158.1
N0°2 9'W
1 47 .6'
N80°55'E 43.6'
HEL
ENE
RO
HR
01-0
01-0
147
159
S89°18'36"W 76.83'
S84°12'27"E 35.2'
9.0'
N 8
°09E
77.
4'
MOAB DEVELOPMENT TRUST 9/26/14
142163
WEST 99.0'
20.3
'
NO
RTH
110
.0'
7.5'MOAB DEVELOPMENTTRUST 9-26-14BUSINESS RESOLUTIONSLLC TRUSTEE
01-001-0152
S89°02'W 88.3'
N 0°4 5'W 2 2. 9'
88.6'
110
.0'
N82°50'W 86.4
30.00'
55.0
'
30.00'
55.0'
141.1.1
18.4
16.5'
391.0'
16.5'
N 0
°23'
W 1
05.1
LEIGH A RYANJAMES G RYAN
15701-001-0144
N 0
° 12 '
25"
E 1
322.
67'
N 89°09'25" E 1316.58' 118686.05 57113.00
117356.75 57109.30
433
.3'
100.0'
N 0
°17 '
E 1
55.8
'
100.0'
KNOBY LLC
141.6.2
99.0'
01-001-153
111.
0'
111.1'
S 1°
02'E
111
.8'
N89°48'W 108.4'
N0°31 'W
1 11 .3'
N89°55'E 107.4'MARY SUSAN CONRANMCLAUGHLIN TRUSTEE
MARY SUSAN CONRAN TRUST
S1°0
2'E
111.
8'
N 89°48'W 88.0'
N 0°31 'W
11 0.8 '
N89°55'E 88.0'MARY SUSAN
CONRAN MCLAUGHLINMARY SUSAN
CONRAN MCLAUGHIN TRUST
168
HUGH GLASS
S 88°59'W 55.0'
125.3'
N 58°30' W 8.1'
PATR
ICK
M S
CH
ERER
142.2.2.201-001-0201
136.7'
141.4.1
S 4°
59' W
112
.2'
N86°40'W 55.2'
N 0
°38'
W
229.
2'
N 52°23'E 60.6'
N 58°30'W14.6'
S 89°38'E 210.1'
99.0'
S 52°44'E
5.7'
S 71
°54 '
E 1
0.3 '
S 4°
5 9' W
112
.2'
N 2
°57'
E 1
26.1
'JY
AN
JEN
WA
NG
TIFF
AN
Y W
WA
NG
STEV
EN C
WA
NG
JEN
NIF
ER L
WA
NG
150.0'
N 415.58'
S 80°11'W 149.1'
S 88°59'W 64.0'
66.5'
A=161.95'R=399.3'CHD BRG=S 76°36'47"EL=160.85'
MARKLE PROPERTIES LLC01-001-206
142.2.2
12.56'12.3'
S78°27'E 100.64'
N0°
17'E
N86°40'W 81.48'
01-001-0233
117.94'
217.5'
108.0'
141.4.1141.8
N 71°54'W 93.75'
103.0'
WANGORGANIZATION
LLC01-001-0135
S 35°01'E
4.27' 174.85MoabCity
S 0°
05'E
158
.7'
S88°49'E 637.4'
N 89°55'E 60.0'
N 89°55'E 60.0'
SHIE
LDS
LAN
E
S 0°
05'E
158
.7'
125
.3'
S 88°59'W 90.0'
CLIFFROSE FLATS LLC
142.2.2.1MO
AB
CIT
YC
/L D
ESC
98.1'
N88°59'E 55.0'
A=45.36'R=207.2'
CHD BRG=S 61°49'13"E
L=45.26'
CASCADECREEK LLC
142.2.2.3
29.42'
50.0'
291.0'
MOAB CITY01-001-232
141.3.1.1
353
.3' 369.8'
N89°47'W 1219.8'
1044.0'
141.5.4.1U
P&L
S 12.0'
318.00'N
0°00'00" W
169.1, 169.5170, 170.1
S 26°04' E 130.3'
N 58°30'W 14.6'
THE BEG PT FOR THE GLASS PARCELAPPEARS TO BE IN ERROR . THE PERIMETER DOESN'T
MATCH THE SURROUNDING PARCEL BNDRIES
WALNUT LANE
M E JOHNSON
143 &144
N 0°00'00" W
318.00'
46. 1
5'S0
° 17'
W141.6
CENTER 1/4 CORSEC 1
S 0°
38'E
318
.7'
S 8°
09'W
77.
4'
N 88°06'W 26.0'
N 61°46'W 38.8'
N 0°51' W
344. 5'
WALNUT LN100 W
118660.80 56900.87
BLOCK 25MOAB TOWNSITE
100 N &100 W
118359.65 56899.03
118408.96 56948.77
117848.20 56945.34
117749.20 56944.85
WILLIAMS WAY
WILLIAMS WAY
BLOCK 16MOAB TOWNSITE
BLOCK 15MOAB TOWNSITE
100
WES
T
( FI R
S T S
T )
1056.00'
23.3
5'
142.4
HELENE ROHR
273 W243 W
241 W
S 59
.4'
W 139.3'
WEST 291.00'
59.4'
139.3'
59.4
'
N 345.00'
N 59.40'
W 139.30'
S 5
9.40
'
S0°1
7'W
99 .
0'
N0 °
17'E
99 .
0'
DESERT BISTRO LLC01-001-0121
(S0°17'W 155.80')
2.61'S 88°40'W 135.9'
N 0°0 5'W
137.6'
N 89°03'E 136.1'FOUR CORNERS COMMUNITY
BEHAVIORAL HEALTH INC
01-001-0126142.2.1
N 3°12'W50.6'
N89°54'W 435.9'
N0°27 'W
61.0 '
N1°
38' E
269
.9'
141.3.3
26.2
26.2
153141.5.2.3
MOAB IRRIGATION COMPANYESMT BK 476 PG 474
W 128.00'
S 78°27'E 90.8'
W 135.0'20.8
' E 135.0'S
20.8
'MOAB CITY01-0001-0253
155.2
N80°05'W 16.9'
N63°01'E
54.70'
N 0
° 34'
W 2
2 9.2
'
N80°23'W 57.7'A = 57.70'R = 1292.50'
N89°03'E 62.50'
191
149.2
149.3
13.
70'
N 88°50'W 63.66'2.
55'MOAB CITY 154.2
01-001-0259
LOT 10.10ACRES
LOT 20.10ACRES
SOU
TH 1
36.6
0'
31.25'31.25
N89°03'E 27.33'
S0°3
8 'W
24 .
8 2'
103.0'
16.5
'
17.0'
120.0'
433.3'
108.0'
115.3'
97. 7
'
50.6
'
339.0'S 90°00'00" W 264.00'
S0° 1
7'W
226
.10'
WEST 227.70'
NO
RTH
54.80'
EAST 134.40' N0°
17'E
15 .
60'
WEST 6.40'
S 35
.2'
W 5.0'
S 22
.71'W 4.95'
S0°1
7'W
24 8
.88 '
S89°26'48"W 280.16' (274.16')
E 87.40'
S1°0
4'E
8
.70'
E 63.2'
S89°00'E 128.80'
S1°2
2'E
80.8
0'
W 63.2'
N1°04'W
104. 30'
N 14.63'
E 79.8' E 45.30'
S 16
.0'
E 18.5'
S1°2
0'E
177.
90'
N89°00'W 64.7'
N1°22' W
154. 30'
N0°
38'E
38 .
5 0'
S1°2
2'E
73.5
0'
N89°00'W 79.5'
S 10
3.7'
N89°45'W 79.0'
S3°1
4'E
77.0
0'
N1°20' W
177. 90'
E 70.3'
N 1.0'
E 88.0'
149.
17'
141.5.3
S43°0
0'W 15
5.00'
N14°00'W
80.00'
N 87°35'W 65.0'
S 38°
40'W
21.0
'
157.2
165.
2
166
141.4.328
.5'
149.4
10'IRRIGATION
ESMT141.5.3
N 89°26'E 103.9'
N 0 °11'W471 .9'
S 37°
13'W
82.0'
N 89°40'W 92.0'
N 19°43'W
59.9'
S89°54'W 423.9'
N 6°37'W
61.0'
N 82°35'W29.4'S 87°35'W
190.6'S89°28'W 119.0'S87°55'W 172.9'
S 58°46'W
103.6'
S 38°
34'W
119.1
'CORRECTED MOAB IRRIGATIONE# 510904 BK 826 PG 970 2-17-16
N 89°24'W242.2'
N 0°23 'W27 6.7'
N 63°24'W62.9'
N 78°23'W270.6'
N 74°55'W153.9'
N 0° 50 'W4 78 .9 '
N 89°39'W587.1'
N 88°58'00" W
N 0°00'00" W
288.60'
N 0° 11'W471. 9'
S 37°
13'W
82.0'
N 89°40'W92.0'
N 19°43'W
59.9'
S 89°54'W423.9'
N 6°37'W61.0'
N 82°35'W29.4'
S 87°35'W190.6'S 89°28'W
119.0'S 87°55'W172.9'
S 58°46'W
103.6'
S 38°
34'W
119.1
'
356.60'
214.1
S0° 1
7'W
265
.50'
S44°07'E 54.30'
EAST 75.00'
45.5'S0
°17'
W 1
28.4
6'
41.6' 113.00'
25.57'
SOU
TH 1
93.7
4'
43.79'
48.81'
84.59'
232.
33'
S23°
51'W
PARCEL 245,226 SQ. FT.
PARCEL 326,838 SQ. FT.
PARCEL 511,850 SQ. FT.
PARCEL 413,826 SQ. FT.
S89°47'E 96.3'
227.68'
380
.0'
THOMAS J. TODDRHONDA J. BAZIL
175.101-001-0178
234.5'
01-001-0173174.7
S 0°
09'2
9"W
12
9 8.0
9'
57105.72 E
N 89°26'48"E 1317.58'
NEILL BRUCE JOHNSONSTEVEN L JOHNSON
289
.1'
S45°30'E 350.9'
N88°54'W 178.2'
S 83°41'E 131.9'
S75°40'E 296.75' 91. 3
7'418.6301-001-0193MOAB CITY
N 89°26'48"E 1317.58' 117356.75 N57109.30 E
N 89°47'58"E 1318.54'
S00°
1 2'1
4 "W
128
9.99
'
336.4'
RO
BIN
R G
UY
MO
NLO
R R
AIN
E E
GU
YM
ON
N 1
°19'
E 5
45.5
'
136.4'S1
°19'
W 3
53. 9
'
147.4'
LOT 2 LOT 3
116058.66 N
281 W 200 S
N 0°0 3'W
218.0'
KANE CREEK PROPERTIES LLC
N 0
°17'
E 3
80.0
'
175.101-001-0178
N89°47'W 96.3'
34.48'
175.
7
(11 7
.8')
26.5'
(110
.2')
183.
11'
EAST 86.26'
SOU
TH 8
3.13
'
EAST 110.16'
415.5'
S 84°12'E 226.7'
116054.04 N55787.19 E
S 36
5.0'
S 45°30'E 425.0'
639.5'
MOAB CITY
172.1
001-001-0170
SOU
TH 7
6.40
'
N75°18'W 92.60'
N67°08'W 54.00'
N53°04'W 18.60'
NO
RTH
415.44'
S89°47'E 197.74'
S 0°
17'W
304
.1'
75.0'
N 44°07' W
54.3'
N 0
°17'
E 2
65.2
'
S 89°47'E 113.0'
UTA
H S
TATE
UN
IVER
S ITY
01-001-0209
177.3.5
N89°30E 141.5
S89°30W 165
N0°
05'E
57
NEIL KENT JOHNSON TRUSTEENEIL BRUCE JOHNSON TRUSTEE\
NEIL KENT JOHNSON LIVING TRUST
01-001-0184
MOAB CITY
138.2'
90.0
'
ROBIN R GUYMONLOR RAINE E GUYMON
001-001-0180175.4
FIRST SOUTH STREET ( C STREET )
231.
0'
N89°59'55"E 225.80'
175.101-001-0178
TAYLORTOWNSUBDIVISION
BLOCK 6MOAB TOWNSITE
BLOCK 5MOAB TOWNSITE
BLOCK 15MOAB TOWNSITE
THIS PLAT IS MADE SOLELY FOR THEPURPOSES OF ASSISTING IN LOCATING
THE LAND, AND THE RECORDER'S OFFICEASSUMES NO LIABLILITY FOR VARIATIONS IF ANY,
WITH AN ACTUAL SURVEY.
JESSE A MARSHALLKRISTIN JENSEN
001-001-0191
COTTONWOODCOTTAGEMOAB LLC01-001-0179
175.3
N0°
17'E
87 .
5'
175.6'01-001-0182
S 0°
17'W
89.
45'
S 89°14'W 74.1'
N0°
06'W
50.
0'N
1°02
' E 4
9 .6 ' E 73.8'
S89°47'E 62.0'
KENT JOHNSON ?
N 1
°03'
E 2
27.4
'
N 2
1°29
'E 1
25.3
'
VAL ROBBCHRIS ROBBSHAWN B ROBB
01-001-0172
N 76°40'E 72.0'
N49°40'E 112.4'
S 89°03'E 193.8'
S79°00'E 85.5'
N 30°03'W 273.8'
174.1177.1
N0°
03'W
400
.0'
S 0°
03'E
400
.0'
S 89°11'E 223.8' S60°16'40"E 26.14'
S 21
°29'W
125
.3'
S 76°40'W 72.0'
S49°40'W 112.4'
S 30°03'E 273.8'
662.9'
34.
48'
234.50'
N 0
°17 '
E 6
8.5'S89°47'W 62.0'
S0°1
7'W
68.
5'
76.
5'
154.6'
76.5'
154.6'
NEIL KENT JOHNSON TRUSTEENEILL BRUCE JOHNSON TRUSTEE
NEIL KENT JOHNSON LIVING TRUST
177
S0°17'W 87.5'
MICHAEL H. JANE DBADGER TRUSTESSMICHAEL H BADGERTRUST 8-13-07
01-001-0181175.5
S 83°41'E 131.9'
N89°11'W 250.2'N88°54'W 178.2'
S00°
31'E
321
.4'
99.0'
SECOND SOUTH STREET ( A STREET )
27#32
116676.40 56888.81
NE¼SW¼ SECTION 1 T26S R21E SLBM
174.4.1.101-001-0174
N54°00'W 269.4'
N79°00'W 85.0'
N 45°13'W
29.5'N89°30'E 158.0'
S0°0
5'W
40.
5'
N89°30'E 165.0'
S0°0
2 'W
157
.8'
184185
THIRD SOUTH STREET ( A STREET )
26
01-0
01-0
17632.1'
APPROX LOCATIONOF STREET FROMAERIAL PHOTOGRAPH
SOU
TH 29.36'
6.9'
S0°17'W 60.6'
THE PARCEL IN THIS AREA ARE PLATTED AS THEIR DESCRIPTIONINDICATES. THERE APEARS TO BE ERRORS IN THREE DESCRIPTIONSCOURT PROCEEDING AND QCD'S GIVEN CLEARS TITLE TOARB # 175.5 AND INDICATES THE ARB# 175.4 HAS TITLE TO THE 20 FTNORTH( THE HOME IS BUILT WITHIN THAT AREA)
132.0'
ARB #'S 174.1/177.1 & 184/185 HAVE ADJOINGPROPERTY LINES. ARB 174.1/177.1 WORKED INREVERSE MATCHES EXACTLY AND ELIMINATESTHIS GAP. SEE NEXT PLAT
WEST 127.24'
N 28.81'
98.3
'
LEE BRIDGERSMARIE-JOSE BRIDGERS
S0°17'W 0.43'
NO
RTH
98.
3'
KNOBY LLC01-001-0177175-A
E 116.4'
S0°17'W 98.5'
N89°15'12"E 211.65'
S 38°36'21" E 209.21'
N 2°07'W
182 .8'
S 84°12'E 226.7'
N 1
°19'
E 5
45.5
'
S 4°04'E 126.8 '
34.8'
20'318.1 '
S89°04'E 124.35'
S89°05'E 32.1' N89°04'W 91.8'
N89°57'E 23.8'S0°17'W
26.7'
1.58'
NO
RTH
97.
73'
2.13'
S 3°
47'E
253
.7'
S 63°29'E 113.1'S 49°31'E
72.7'
S 45°13'E
29.5'
N 39°03'W 211.6'
S54°00'E 269.4'
N1°
03' E
227
.40'
S3°2
4 'W
261
.10'
S 89°30' E 30.00' N 68°28' E 15.50' N 76°52' E 29.70' 3'
17.8'yard
10.40'
N 88°16'00" W 27.40' 26.70'S 88°13'" W 22.70'
S 86°37' W
12.
10'
7.9
0'
S 85°56'00" E 41.50' N 78°05'00" E 45.50' N 80°03'00" E 10.30' N 86°45'00" E 47.50' S 88°53' E 16.90'S 84°38' E 6.50'
Gravel Drive
Decree Quieting Title#452801 Book 555 pg 466
South 3102
N 0
°17'
E 3
80.0
'
S 89°47'E 20.0'
S 0°
17'W
566
.5'
S 89°47'E 79.0'
S 0°
17'W
20.
0'N 89°47'W 99.0'
N 0
°17'
E 2
06.5
'ES
MT
BK
40 1
PG
49 0
NO
RTH
142.00'
S0°0
2'W
345
.00'
177.3.5.1 Pole Line EasementApprox. locationBk 6-S pg 482
S 89°47' E 60'
60'
177.3.5.2
01-001-0170
S 90°00'00" W 49.50'
S 0°
17'0
0" W
226
.10 '
W 227.7'
N 54.8'
E 134.4'
N 0
°17'
E 1
5.6'
6.4'
(CHAIN OF TITLE FORTHIS AREA IS IN QUESTION)
117344.03 N55791.78 E
MOAB COM
MERCIAL PARK SUBDIVISION
200.0'
S 89°21'E 140.0'
200
.0'
N 89°21'W 140.0'
N88°40'E 419.9'
S 2°
17'W
517
.1'
S 2°
14'W
531
.3'
121.0'
N 0°0 2'W
917.0'
BILLIE A KLEPZIG TRUSTEEBILLIE A KLEPZIG REVOCABLE TRUST
01-001-0160
171.1.1187.1
S89°58'W 203.90'
S 75°40'E 283.7'
S 78°48'W 236.7'
BEG PT FOR PARCEL171.8.3 USES 1880 SURVEY PT
N 116087.55 E 55783.05
174.00' 174.00'
121
.00'
S 89°58'W 48.0'S
0°02
'E 5
.0'
S 89°58' W 126.0'
N 0°0 2'W
126.0'
BILLIE A KLEPZIG TRUSTEEBILLIE A KLEPZIG REVOCABLE TRUST
01-001-0159
171.1
N 25
°33'E
104
.5'
N 1
3°33
'E 1
08.9
'
N 89°58'E 284.7'
S 1°
54'W
248
.7'
N 89°47'W 229.2'S 89°35'W
56.8'
N 51°48'W 77.6'
CITY OF MOAB
S DOUGLAS & MARY SUSANMCLAUGHLIN
01-001-0165171.7
N 1
3°33
'E 1
08.9
'S 89°58' W 130.3'
S 1°
04' W
71.
2'S
0°58
'E 8
2.3'
S 52°04'E 75.8'
N 25
°33'E
104
.5'
GW
YN
ITH
E P
AR
RIO
TT (l
ife e
st)
GW
YN
ITH
I W
ELC
HR
EX L
PA
RR
IOTT
01-0
01-0
169
171.9
N89°58'E 126.00'
N 0°02 'W 5.0'
N89°58'E 251.90'
N2°
14'E
372
.90 '
THIS PLAT IS MADE SOLELY FOR THEPURPOSES OF ASSISTING IN LOCATING
THE LAND, AND THE RECORDER'S OFFICEASSUMES NO LIABLILITY FOR VARIATIONS IF ANY,
WITH AN ACTUAL SURVEY.
S2°1
4'W
372
.00 '
S89°26'E 312.20'S 89°22'E 359.7'
S49°33'E 21.2'
N64°01'E
25.2'
N77°02'E
25.0' S 89°26'E 266.8'S
1°12
'E 4
45.7
'S
0°53
'E 2
12.6
'
N 89°18'W 331.2'
N 1
°54'
E 2
48.7
'
S89°58'W35.3'
N 2
°14 '
E 4
05.6
'
S DOUGLAS MCLAUGHLINMARY SUSAN MCLAUGHLIN
01-001-0166171.8
N 1°12' W
2 00. 6' KENNITH R KEY TRUSTEEJOANN D KEY TRUSTEEKENNETH R KEY AND
JOANN D KEY FAMILY TRUST12/23/15
01-001-0168171.8.2.1
N 1°12'W 20. 0' S 89°21'E 360.4'
N 1°12' W
1 95. 2'
01-001-214171.8.2.2
CIT
Y O
F M
OA
B
N 0°0 3'W
218.0'
S 87°35'W 43.03'N 86°20'W 101.17'
S 0°
03'E
218
.0'
UTAH STATE ROAD COMMISSION01-001-0237 174.4
171.4
1577 N
N 2°10'30 " W
3 14.9 1'
S 78°47'30" W 586.61'
S 0°
52'5
9" E
200
.69'
584.28'
UTAH STATE ROAD COMMISSION01-001-0237
171.8.3
N 86°26'W 391.10
N 2
°17'
E 5
17.1
'
S83°41'E 162.5'
N48°33'W 21.2'
147.4'
3.3'
200.0'
224.7'
S 1°
14'W
202
.6'
N 89°21'W 220.4'
LARRY C VAN SLYKE TRUSTEEGAIL D VAN SLYKE TRUSTEE
LARRY C & GAIL D SLYKEREVOCABLE TRUST
01-001-0164
171.5.3
S83°41'E 518.1'
S 1°
14' W
410
.0'
224.7'N 89°21'W 140.0'
200
.0'
N 89°02'33" W 167.85'
PHILIP A. KOPELL TRUSTEEJEANETTE KOPELL TRUSTEE
THE KOPELL FAMILY LIVING TRUST 04-07-14
01-001-0257
171.5175.4.1
N 51°26'W 220.60
48
.6N
0°2
8'W
S89°42'E 563.00
S 00
°03'
E 2
07.5
0
MOAB CITY 174.201-001-0171
N 86°26'W 184.90
N 0
0°03
'W
207.
50
S 00
°03'
E 2
18.0
0
MOAB CITY 174.201-001-0171
S83°41'E 131.9'171172
N83°41'W 126.44'N75°40'W 106.29'
N89°26'49"E 228.82'
NW1/4SW1/4 SECTION 1 T26S R21E SLB&M
KEVIN D CHASE
01-001-0256171.5.4
THE KOPELL FAMILY LIVING TRUST 04-07-14
01-001-0163171.5.2
S89°42'E 184.90 N84°25'W 255.43'
N 86°20'W 101.17'N 89°42'W 184.6'N 89°18'W
2.86'
N0°52' 59"W
8.49'
585.76'
39.
0'
116049.43 N54468.66 E
N 0
°15 '
02"E
12
8 1. 8
9 '
117331.30 N54474.26 E
N 89°26'48"E 1317.58' 117344.03 N55791.78 E
116054.04 NN 89°47'58"E 1318.54'
116054.04 N55787.19 E
THIS OVERLAP WAS CREATED USINGASSUMED DISTANCE. SEE QCD BK 264 PG 150
THAT LATER WAS GIVIEN AS A W D FROM KLEPZIGTO KLEPZIG TRUST
N 0°0 3'W
218.0'N
2°07'W 182 .8'
S 84°12'E 226.7'
COLIN FRYER
174.4.1.101-01-0174
N 0
°15'
02"
E 4
78.0
0'
N 84°12'W 226.7'
46.
0'
KANECREEK BLVD
S 89°30'E 163.0'
S 45°00'E 320.0'
S 51°29'E 303.5'
KANE
CREEK BLVD
60.0'S 50°33' E 77.7'
49.3'UTAH GASSERVICE COMPANY
174.1
S 00
°03'
W
646.
1'
116054.04 N55787.19 E116054.04 N55787.19 E
S0°10'28"W 178.37'
WHITE HILLSSUBDIVISION
S 89
°21'
E 2
0.0'
S 1°
12'E
35.
4'
N 89°21'W 20.0'
N 1°12'W 35.4'
N 1°12'W
195. 2'N
8 9°2 1'W 20 .0 '
178.
2.3.
117
1.8.
2.2.
1
N 1
°16 '
E 4
06.9
'
S 89°21'E 167.7'
S 1°
14' W
371
.6'
S78°48'W 171.90'
S78°48'W 177.80'
N 1°12' W
443 .6 '
S 89°21'E 192.7'
RORY PAXMANRACHEL PAXMAN
171.4
1954.8'1945.6'
426 W. 200 S.
396 W. 200 S.
N 0
1°1 3
'E
613 .
5' SOU
TH
289.
1'
S 45°30'E 350.9'
N 89°11'W 250.2'N 88°54'W 178.2'
S76°10'W 20.2'
N01
°13'
E 3 7
1.7'
WEST 200 SOUTH
01-TTN-0001 01-TTN-0002 01-TTN-0003
01-TTN-0004
THIS CORNER IS SET USING ANOLD FENCE LINE
IF SET BY 1914 SURVEYN 38.88 CH117333.6554474.30
1914 SURVEY READS N 0°02'WIF SET BY THAT
117333.5654461.56
IF SET BY 1914 REC PROP DIST117328.5254474.25
INFORMATION FROM SURVEY OFFICE FILE12/4/78
S 89°21'E 175.4' N 50°10'E 84.7'N 89°21' W 108.8'
N 1
°19 '
E 5
4 5.5
'
136.4'
S 1°
19'W
353
.9'
S 4°04'E 126.8 'S 10°12'W 33.5'
S 50°10'W
84.7'
30.8'34.8'
20'20'
318 .1'
25.0'
S 89°21'E 192.3' 25.0'
25.0'
50 FT. WIDE PUBLIC ROADRIGHT-OF-WAY
100 FT. DIA.TURN--AROUNDEASEMENT
LOT 41.95 ACRES
= 181°10'R = 50.0'T = 4910.9'L = 158.1'
LOT 1 LOT 2 LOT 3
1.92 ACRES 1.68 ACRES 2.58 ACRES
291 W 200 S
328 W 200 S 276 W 200 S 256 W 200 S
S69°40'E 28.60'
S51°25'E 110.20'
S86°50'E 30.10'
Pedestrian & Bicycle
Easement
S63°12'E 14.30' S74°42'E 115.20'
320 W376 W396 W
363 W383 W
426 W
429 S
445 S
TAYLOR TOWN SUBDIVISION
171.
5.2.
1
16'
EASE
ME N
T FO
R IN
GR
ESS
AN
D E
GR
ESS
E N49
9 295
BK
777
PG
176
- 177
16'
N 89°26'48" E 15.54'
S2°1
0'28
" W
426
.06'
S 0° 4
1'17
"W 1
61.2
1 'N
0 °15
'02"
E 58
6 .81
'EN
50 4
600
BK
80 1
PG
65
171.
1.1 .
1 &
N2°
14'E
165
.80'
S2°18'32"W43.04'
N89°48'17"W 162.34'
N2°
17'E
43.0
4' PERPETUAL; NON-EXCLUSIVEEASEMENT EN506066
BK806 PG608
171.5.4.2
3.1
2.1
N2°
17'E
102
.25 '
N89°48'17"E 162.36'
S 2°
16' 0
5" W
266
. 75'
N89°24'W 99.19'(REC=99.0')
N 0°0 2'00" W
26 40.00'
171.4
114764.06 N55782.60 E
114767.55 N54463.05 E
N 0
0°1 5
'01.
9"E
12 8
1 .89
'
S 00
°12'
14.3
" W
128 9
.99 '
116054.04 N
S3°1
5'W
434
.1'
N3°
15'E
334
.10
S 86°22'00.0"E 299.40
N13
°15'
E 1
00
S 89°27'E 256.00 44.4S88°54'E
S 3°
36'W
11
5.8
DON R. & JANE K. TUFT, TR OF THETUFT FAMILY TRUST
180.13
01-001-0207
S 13
°16'
W 7
1.64
'
S 45°00
'W 1
20.0'
60.0'S 86°22'E
S 86°22'E 115.04'
PLAT "B"
1 2 3 4
S48°21
'W 25
9.00
DON R. & JANE K. TUFT, TRUSTEES OF THETUFT FAMILY TRUST
180.12 01-001-0207
30.0'
S 00
°03'
E 2
07.5
0
MOAB CITY
174.2 01-001-0171
S 89°42'E 563.00
48
.6N
0°2
8'W
N 51°26'W 220.60
N 86°26'W 391.10
S 89°27'E 23.0'
N 89°49'E 420.00'
S 45°00'E 320.00'
116049.43 N54468.66 E
N 89°47'57.7"E 1318.54'
56.43'
N 1
5°16
'E 7
1.6'
BLOCK "K"
KANE CREEK BLVD
BLOCK "N"
12
3
4
9
8
7
6
5
4
3
2
11 12 13
10
9
8
7
14
MOUNTAINVIEW
DRIVETHIS PLAT IS MADE SOLELY FOR THEPURPOSE OF ASSISTING IN LOCATINGTHE LAND AND THE RECORDER ASSUMESNO LIABILITY FOR VARIATIONS, IF ANY,WITH AN ACTUAL SURVEY
PACIFIC NORTHWEST
PIPELINE EASEMENT
BK 6R PG 276-279
120.0
'
30.0'
30.0'
90.0'
120.0
'
79.74'
1" = 100'
0 50' 100' 200'100'
Graphic Scale
N 3
°38'
E 1
80.0
'
N 86°24'00.0"W 1279.20
N 0
0°03
'W
218.
00
N 84°25'W 255.43
43.03S87°35'W
N86°20'W 101.17
S 00
°03'
E 2
18.0
0
S86°20'E 101.17N87°35'E 43.03 S 84°25'E 255.43
UTAH STATE ROAD COMMISSION174.4
SW1/4SW1/4 SECTION 1 T26S R21E SLB&M
S 00
°03'
E 2
18.0
0
MOAB CITY
174.2
01-001-0171
S 89°42'E 184.90
N 0
0°03
'W
207.
50
N 86°26'W 184.90
01-001-0237
60.0'
UTAH GAS SERVICE CO
N 89°50'54" W 147.60'N 89°50'54" W 143.45'
24.42'
100.0
0'
100 FT. WIDE POWER TRANSMISSION EASEMENT
175.0
0'
APPROXIMATE LOCATION OF BURIED PIPELINE (BK 308 PG 437)LOT 31
30.0'
190.
0'15
0.0'
86.02'90.0'
N 48°52'00" W 616.00'
N3°
15'E
434
.10'
S89°27'E 15.00'
S3°1
5'W
419
.90'
S48°21'W
21.2'N 52°57'42" W 61.60'
S39°
50'14
"W 98
.08'
25'
S39°
50'14
"W 20
4.28'
N 46°22'15" W 372.59'
95.71'
75.00'
75.00'
75.00'75.16'
75.16'
75.16'
45.74'
45.48'
77.90'
129.99'
N 0
°15'
02"
E 1
2 82.
97'
N 89°49'00" E 225.00'
75.00'
144.7
7'
THE BUILDING ENVELOPE FOR LOT 31WILL BE CONTAINED WITHIN THE WEST &SOUTH BOUNDARIES AND THE SW LIMITS OF THEPOWER TRANSMISSION EASEMENT (HATCHED).
6.27 AC.SEE PLAT NOTES
175 FT WIDE POWER TRANSMISSION EASEMENT & PIPELINE EASEMENT (DEDICATED THIS PLAT)
20
19
18
17
N 47°05'47" W 111.35'
N 59°57'02" W 110.05'
N 10°20'25" W
63.17'
N 30°12'31" W 83.51'
15.74'
S 44°43
'43" W
75.4
5'
N 47°34'00" W 71.72'S 51°58'03" W
101.40'
N 33°42'52" W 85.39'
S46°22'15"E 622.54'
1312
30.67'
10
38.14
'
57.54
'
9
11
N 55°03'20" E 85.61'
N 60°22'20" E 77.70'
N 60°36'32" E 94.72'
N 67°55'51" E 133.08'
S 81°55'08" W 145.09'
50.07'
121.6
2'
S 41°38'50" E 512.56'
S 31°22'56" E
30.15'
5
HUNTRIDGE D
RIVE
HUNTRIDGE DRIVE
H Y D
75.00'
75.00'
75.00'
75.00'
211.68'
S 50°09'46" E 416.51'
S 45°24
'19" W
137
.77'
3
4
S 47°09'21" E 83.79'R=50'
75.09'
S 57°42'23" E
84.27'
104.5
2'
108.1
8'
2
92.07'
45.49'
38.76'
75.00'
75.00'
75.00'
75.00'
75.00'
60.81'
82.34
'
N 48°21'10" E 9
6.47'
96.47'
96.48'
96.48'
96.49'
96.49'
N 48°21'10" E
6
8
59.11'
14.81'
7
47.80'
82.70'
78.46'
85.78'
93.19'
82.54'
H Y D
H Y D
H Y D
S41°39'E 125.62'
11
7.89'
S 39°
50'14
" W
SUNRIS
E HIL
LS SUBD.
EASEMENT FOR FUTURE CITY STREET. SEE RECORD
DOCUMENT FOR CONDITIONS
TEMPORARY TURNAROUND EASEMENT.AUTOMATICALLY VACATED UPONEXTENSION OF McKAY PLACE10
0'
H Y D
1001-SUN-0010
530 DOC ALLEN DR
901-SUN-0009
516 DOC ALLEN DR
801-SUN-0008
506 DOC ALLEN DR
701-SUN-0007
496 DOC ALLEN DR
601-SUN-0006
488 DOC ALLEN DR
75.00'
116.4
3'
59.14'
75.63'
75.00'
104.5
2'
86.14'
N66°23'46"E
51.83'
1318.88'S 89°50'54" E 1318.88'
N41°39'W (REC=N41°37'W
)842.40'
N 24°03'44" W
427.30'
N64°30'21"W 189.37'
N 51°28'39" W303.54'
21
N 52°57'42" W
N50°09'46"W32.84'
25'
S39°
50'14
"W14
0.58'
N 39°5
0'14"
E14
5.55'
S 39°
50'14
" W15
0.52'
N 39°5
0'14"
E15
5.49'
N 53°24'25" E
154.77'
N 69°24'16" E
109.00'
N 70°13'14" E
101.76'
N 2
0°38
'13" E
71.0
1'
S 50°09'46" E
68.65'
30.67'
124.33'
N 43°13'09" W
101.77'
30'
20'
50 FT WID
E PIPELINE EASEMENT
30'
57,235 SQ FT01-SUN-0005
476 DOC ALLEN DR
47,437 SQ FT01-SUN-0004
468 DOC ALLEN DR
1
16
15
14
160.6
2'
LOT 29-A6,450 SQ. FT.
01-0BEN-0001440 McKAY PL
307,976
01-SUN-0030456 McKAY PL
SEE PLAT NOTES
201-SUN-0002
466 McKAY PL
301-SUN-0003
476 McKAY PL / 386 HUNTRIDGE
138,784 SQ FT01-SUN-0001
382 HUNTRIDGE DR
1601-SUN-0016
385 HUNTRIDGE OR 473 DOC ALLEN DR
1501-SUN-0014
487 DOC ALLEN DR
17
01-SUN-0017389 HUNTRIDGE DR
18
01-SUN-0018555 HUNTRIDGE DR
1901-SUN-0019
545 HUNTRIDGE DR
2001-SUN-0020535 HUNTRIDGE DR
SEE PLAT NOTES
2101-SUN-0021525 HUNTRIDGE DRSEE PLAT NOTES
20'
STORM DRAINAGE & BERM (ROCK FALL MITIGATION) EASEMENT DEDICATED TO MOAB CITY
PARCEL A6.41 ACRES
01-SUN-0031
1401-SUN-0014
495 DOC ALLEN DR
1301-SUN-0013
507 DOC ALLEN DR
1201-SUN-0012
515 DOC ALLEN DR
11
01-SUN-0011529 DOC ALLEN DR
STORMDRAINAGE ESMT.
SEE RECORDED DOCUMENT FOR CONDITIONS
2810,730 SQ FT01-SUN-0028
445 McKAY PLACE
2701-SUN-0027
455 McKAY PLSEE PLAT NOTES
SEE PLAT NOTES
2601-SUN-0026
465 McKAY PLSEE PLAT NOTES
2501-SUN-0025
475 McKAY PLSEE PLAT NOTES
2401-SUN-0024
485 HUNTRIDGE DRSEE PLAT NOTES
2301-SUN-0023
505 HUNTRIDGESEE PLAT NOTES
2201-SUN-0022
515 HUNTRIDGE DRSEE PLAT NOTES
S 41°
39'00
" ES45
°00'W
39.7
5'
ASPEN AVE
3
11.40'
4
(CONSERVATION EASEMENT 400.2')
10 FT WIDE UTILTIY ESMT(TYPICAL)
N61°19'01E 261.22'
MO
UN
TAIN
VIE
W D
R
HUNTRIDGE DR
(49.76')
(51.87')
(27.57')
10' POWER ESMT.
15 FT WIDE UTILITY EASEM
ENT ON ADJACENT LOTS
50 FT. WIDE PIPLINE ESMT.
42.48'
(CO
NSE
RV
ATI
ON
EA
SEM
E NT
400 .
2')
KANE CREEK BOULEVARD
15 FT WIDE STORM DRAINEASEMENT (BK 675 PG 443-446)N42°29'W
562.10'
N49°05'W 456.52'
LOT 2 LOT 11.25 ACRES1.47 ACRES
L=64.99'
154.2
8'
25 FT WIDE STORM DRAINAGE EASEM
ENT
SEE RECORD DOCUMENT
KANE CREEK BLVD
SW CORNER SECTION 1T 26 S R 21 E SLB & M
N 2
0°03
'E 9
02.7
'BA
SIS
OF
BEA
RIN
G
RLJ#2
SOUTH LINE SW1/4 SECTION 1
WES
T LI
NE
SW1/
4 SE
CTI
ON
1
01-WHI-000101-WHI-0002
01-WHI-0003
CHARLES D. PIPKINWHITE HILLS SUBDIV
ISION
N 0
°15'
E 1
283.
0'
S 89°30'E 163.0'
N 89°49'E 420.0'S 89°27'E 23.0'
S 3°
15'W
434
.1'
N 89°51'W 1370.6'
R=420.0'L=191.01'T=97°19D=26°03'25"
CHORD=S 64°30'21" E 189.37'R=420.0'T=32.56'D=8°51'57"CHD=S 81°58'02" E 64.9'
S 86°24'E 206.2'S 86°24'E 149.8'
N 3
°15'
E 3
68.8
'
S 89°49'W 75.0'
N 24°04'W
427.3'
(NOT MONUMENTED)
LOT 29-B6,893 SQ. FT.
446
TEMPORARY 50 FT. DIA. TURN AROUND EASEMENT,AUTOMTICALLY VACATED UPON EXTENSION OFMcKAY PLACE
N39°5
0'14"
E 98.08
'
S52°57'42"E 131.88'
S39°
50'14
"W 10
4.52'N50°09'46"W 131.72'
BENS SUBDIVISION SEE PLAT
SCALE: 1" = 20'
67.00'
67.08'
S39°5
0'14"
W 10
1.24'
64.72'
64.80'
10 FT. WIDE UTILITY EASEMENT
N0°
15'0
2 "E
BENJAMIN E BYRD
01-0BEN-0002BENJAMIN E BYRD
12.7
4.7
N48°56'E 92.2
S53°33'W 8
7.9
S00°
0 9'2
8 .9"
W 1
2 98.
09'
114760.57 N57102.14 EN 89°50'54.5"W 1319.55'
114764.06 N55782.60 E
S 00
°12'
14.3
" W
128 9
.99 '
N 89°47'57.7"E 1318.54' 116058.66 N
N 36°16'W
76.0'
S 53°33'W 245.6'
S 39°25'E
74.8'
N 33°12'W 334.5'
N 53°33'E 190.0'
S 36°27'E 357.7'
S 60°01'W 210.3'
HUNTRIDGE APARTMENTSOF MOAB LLC
180.9.1
01-001-0188
1314
N 36°27'W 227.9'
N53°33'E 120.2'
S22°13'E 92.5'
6.6'
S1°0
7'W
169
. 5'
GERALDINE WINKLER
STEPHEN SWIFT
180.15
S6°1
0'E
203.
9'
S68°19'W 152.8'
N85°18'W 195.7'
N 0
3°38
'E
180.
0'
60.0'S 86°22'E
S 3°
38'W
18
0.0'
PLAT "B"
30.0'
1 2 3 4 5 6 78
10
11
50.0
'
THIS PLAT IS MADE SOLELY FOR THEPURPOSE OF ASSISTING IN LOCATINGTHE LAND AND THE RECORDER ASSUMESNO LIABILITY FOR VARIATIONS, IF ANY,WITH AN ACTUAL SURVEY
57105.72 E
S1°0
7'W
168
.56'
N 1
°07'
E 3
6.5'
N 22°13'W
224.5'
N 15°00' W
293.1'
S 71°00'W 49.0'
N 36°00'W
29.0'
S 63°29'E 113.1'S 49°31'E
72.7'
S45°13'E
29.5'
S 79°00'E 85.5'S 0°28'E 695.5 '
N 22°13'W
224.5'
N 15°00'W
293.1'
N 61°00'W 330.0'
N 39°03'W 211.6'
N 30°03'W 273.8'
S54°00'E 269.4'
S 0°
05'W
695
.5'
174.1174.3177.1
N89°55'27"W 35.21'
S36°27'E
62.65'
N0°
09'5
4"E
219.
71'
174.6
01-0
01-0
175
PACIFIC NORTHWEST PIPELINE CORP
R\W AGREEMENT
BK 6R PG 371 ARB 1.1
ASPEN AVENUEBLOCK "L
"
BLOCK "K"
001-001-0236
V.C,
174.7
S 53°33'W 180.0'
N 86°22'W 517.7'
S 36°27'E
55.2'
KANE CREEK ASSOCIATES LLC
180.1101-001-0200
1
6
5
4
3
2
11 12 13
10
9
8
7
14
15 16
17
1819
BLOCK "M"
PLAT "B"
HUNTRIDGE DRIVE
S1/4 SECTION 1T26S R21E
SEC 12
SEC 1
BLOCK "B"
BLOCK "F"
EPISCOPAL CHURCH OF UTAH
N 36°27'W 360.6'
S 13°12'E 368.2'
S18°34'E 14.3
180180.3180.6
01-001-0186
1" = 100'
0 50' 100' 200'100'Graphic Scale
13
14
15
16
17
18
19
20
13
12
11
10
9
8 7
6
5
4
3
2
24
25
26
S 36°27'E 125.17'
S 36°27'E 142.0'
S 53°33'W 190.0'
N 36°27'W 142.0'
N 53°33'E 190.0'
FOUR CORNERSCOMMUNITY BEHAVIORALHEALTH INC
180.901-001-0187
01-001-0222
180
KANE CREEK BOULEVARD
N66°36'E 214.10'
S 82°31'E 127.20'
50'
N 54°00'W 269.4'
N 79°00'W 85.0'
N 45°13'W
29.5'N 89°30'E 158.0'
S 0°
05'W
40.
5'
N 89°30'E 165.0'
S 0°
02'W
157
.8'
JESSE A MARSHALLKRISTIN JENSEN
184185
001-001-0191
NEIL BRUCE JOHNSONSTEVEN L JOHNSON
001-001-0173174.4.1
NO
RTH
819.10'
N53°33'E 243.86'
S 36°27'E 350.0'
S 53°33'W 190.0'
N 36°27'W 350.0'
N 53°33'E 190.0'
ARCHWAY VILLAGE ASSOCIATESOF MOAB LLC
180.9.3001-001-0189
VAL ROBBCHRIS ROBBSHAWN B ROBB
001-001-0172
180.10.1
SE1/4SW1/4 SECTION 1 T26S R21E SLBM
180.9.2
MO
AB
CIT
Y
N51°38'E 407.00'CITY OF M
OAB
FOOTPATH
180.9
S 53°33'00" W
33.00'
N 18°34'00" W
27.00'
N13°12'W
412.10'
S 22
°13'0
0" E
132.
00'
HUNTRIDGE DRIVE
UTECIRCLE
MOUNTAINVIEW
DRIVE
30.0'
190.
0'
S 61°29'17.95" E
3.95'
EPISCOPA
L CHU
RCH
01-001-0186
180.16
Episcopal Church
180
01-001-0185
DO
TTED
LI N
E I S
BO
UN
DA
RY
LIN
E O
FTH
E W
D ( B
K 1
91 P
G 1
17) .
OU
T SI
DE
LIN
E I S
TH
EO
RI G
INA
L B
OU
ND
AR
Y D
ESC
RI P
TIO
NG
I VEN
WIT
H A
QC
D ( B
K 1
91 P
G 1
18)
WH
ICH
DO
ESN
'T I N
FRIN
GE
ON
AD
J AC
ENT
PRO
PER
TIES
SO
SH
OU
LD B
ELO
NG
WI T
H
180.16
01-001-0240
N0°
05'E
114
5.50
'
N 70°49'W27.0'184.1
ASPEN AVENUELC
C
NAVAJOCIRCLE
L
KANE CREEK BOULEVARD
50'
AT P.C.
356 W374 W
180.10.2
L = 436.80'CHD BRG = N 60°04'W 436.70"
D = 35°19'R = 720.00'
T = 229.20'
N66°36'E 214.10'
S61°00'E 289.80'
S 4°
50'E
87.
80'
54.80'
S20°
30'W
161
.10'
72.40'LOT 21.35 ACRES01-BAP-0001
LOT 10.43 ACRE
01-BAP-0001
BAPTIST SUBDIVISIOND = 18°44'
R = 720.00'T = 118.80'
CHD BRG = N 51°47'W 234.30'
L = 235.40'
D = 16°35'R = 720.00'T -= 104.90'CHD BRG N 69°26'W 207.70'
L = 208.40'
N0°03 'W
218.00'
N 84°12'00" W 220.10'
S0°0
3'E
184.
23'
ADVENTURE SUBDIVISI
ON
30.16'
N2°07'W
1 82. 80'
S84°12'E 226.70'
S0°0
3'E
400.
00'
N 0°0 3' W
200.00 '
N 88°57'47" W 188.99'
S 84°12'00" E 189.94'
LOT 201-ADV-0002
LOT 101-ADV-0001
424 W.
420 W
00" W
1
2
3
4
5
6
1
11
12
11
14
15
16
17
18
19
20
9
N 0
°09'
29" E
129
8.1'
N 89°48'13" E 1318.5'
S 0°17 '30 " W 13 06 .3'
N 89°50'23" W 1315.4'
222.13'
13.10'
526.98'
1
2
3
4 5 6 7
891011
1
2
3
4
6
5
8
9.1
102
3
BLO
CK
II
I
49.5
'
S89°47'E 312.19'S 89°47'E 422.12' 49.5'
S 0°17'W
17.21'
S0°17'W 275.0'
48.91'
30'
30'
1.39'
83.94'
9
NO
RTH
132
0.0'
S89°46'30"E 183.55'
S0°17'W 616.46'
N89°55'10"W 166.0'
S79°10'08"W
60.0'
S85°22'30"W 157.54'
N1°
49'4
6"E
242.
26'
N16
°23'
20"W
122
.0'
S84°00'W 118.31'
NO
RTH
258
.37' SO
UTH
258.37'
N84°00'E 118.31'
S16°23'20"E 122.0'S1°49'46"W
242.26'S9°48'51"E 240.53'
N4°
30'0
7"W
5
3.0'
N79°10'08"E
60.0'
S71°29'50"E 369.74'
120.08'
71.28' N84°00'E 163.17'
60.13'60.13'
N89°47'W 405.41'
S70°54'W
14.9'S41°54'W 8.4'
S4°1
4'W
44.
0'
S25°15'W 17.3'
S0°4
1 'E
84.
0'
26.1
S11°00'E 285.0'
15.1
5 FT WIDE UTILITY EASEMENT
MA
IN STREET
12.0'
48.2
7'14
8.1' 16.2
5.1
4.1
THIS PLAT IS MADE SOLELY FOR THEPURPOSES OF ASSISTING IN LOCATING
THE LAND, AND THE RECORDER'S OFFICEASSUMES NO LIABLILITY FOR VARIATIONS IF ANY,
WITH AN ACTUAL SURVEY.
1 2 3
4
6
7
8
9
10
11
12
13
14
15
16
BLOCK II
BLOCK I
BLO
CK
V
238.45'
N22°35'W
N82°44'W
20' WIDE UTILITY EASEMENT
100
EAST
STR
E ET
URANIUM AVE.
THIRD SOUTH STREET
60.0
6'
60'60'
S 89°47'E 232.4'
S 2°49'E 159.5'
NO
RTH
210
.1' U
RA
NIU
M V
ILLAG
E SUB
DIV
ISION
UR
AN
IUM
VILLA
GE SU
BD
IVISIO
N
9.1.1
9.1.2
104.47'
12'
S25°27'E 271.1'
S10°31'E 297.3'
9.1
S59°06'E 114.9'S89°01'E 213.1' 42.8'
21.7'
24.1
25.13 MOAB CITY ESMNT
20' WIDE ESEMNT SVW&S
20 FT WIDE EASEMENTINGRESS & EGRESS
20 FT UTILITY EASEMENT
5.1
5'
THIS UTILITY EASEMENT WASABANDONED BY ORDINANCENO. 2-80, IN BK 411 AT PG269-278.
MA
IN STR
EET
ENTRY NO. 297949PLAT BOOK 2 PAGE 22DATE APRIL 26, 1962
NO
RTH
80
RO
DS
N 89°47'57.3" W 734.24'
S3°3
4'E
110.
2'
66.9'
110.0'
60.0'
MO
AB
MA
RQ
UA
RD
T LL
C
01-0
01-0
019
21
81.8'
220.0'
N 89°47'W 82.0'
N 0
°13'
E 2
20.0
'
GR
EGO
RY
S &
HE I
DI M
I LLE
R
01-0
01-0
0 20
22
S 3°34'E 110.2'
W 73.7'
N
110.
0'
E 66.9'
PRED
ISIN
G B
ISH
OP
OF
THE
CH
UR
CH
OF
JESU
S C
HR
IST
OF
LATT
ER D
AY
SAIN
TS
01-001--002122.3
AJB HOLDINGS, L.L.C. 1/2 INTSKYHAWK INVESTMENT, L.C. 1/2 INT
01-001-002225
N 15°16' W
100.0'
N 76°40'E 385.0'
S 2°
59'E
185
.6'
W 358.0'
COLIN DON FRYER01-001-0023
25.2.1
333.06'
180.49'
S 9°
48'5
1"E
100.
13'
S 6°
27'E
176
.19'
S 14
°31'
E 24
5.66
'
92.88'
N 36°27'W 426.74'
JORGE DEL MORALMARLENE LEE
01-001-0028
25.11
N 6°27'W 15.5'
N 25°36'W 128.56'
N 13°40'W
50.28'
N 84°00'E 187.1'
S 13
°19'
E 1
74.8
'
S 79°19' W 159.9'
AJB HOLDINGS, LLC 50%
SKYHAWK INVESTM
ENT
L.C. 50%
01-001-0025
25.4
S 41°21'E 292.5'
BLOCK "R"
65.0'
50.3'
245.68'
160.68'
159.94'
444.
40'
200.00'
S84°00'W 19.9'
S85°07'W 19.9'
S8°51'E 184.4'
N8°
51'W
184
.4'
330.00'
1320.00'
GRAND COUNTY SCHOOL DISTRICT
01-001-0018
20.1
S 76°40' W 250.0'
N 13°20' W
192.5'
3.2'
S 72°52' E 281.1'
N 89°08'E 146.4'
S0°1
7 'W
22.
3'
S 76°45'18" W 130.8'
DESERT HOLDING INVESTMENTS LLC01-001-0026
25.6
100 EAST STR
EET
JAM
E S P
KO
E HL E
R
01-001-002725.9.2
KANE CREEK BLVD
#10 100E/300S116110.00 58007.40
N 3
°20'
17.7
2" E
524
.0'
S 8°
51'E
184
.4'
N 88°50'37" W 183.2'
S 84°00' W 19.9'
N 9°48'31" W
60.1'
S 16°46'56" E 40.0' (32.3')
N 9°48'W
40.0'(35.55')
N 33°12'W 334.5'
N 53°33'E 190.0'
S 36°27'E 357.7'
S 60°01'W 210.3'
HUNTRIDGE APARTMENTSOF MOAB LLC 180.9.1
01-001-0188
1314
GA
P
SW1/4SE1/4 SECTION 1 T26S R21E
E 621.2'
N 1
5°16
' W 1
97.0
'
N 76°40'E 427.7'
S 2°59'E 2 00.0'
S 76°40'W 385.0'
S 89°47' E 30.0'
S 0°
17' W
13 7
0.0 '
N 89°47' W 60.0'
N 0
°17'
E 1
370.
0'
S 89°47'E 30.0'
COLIN DON FRYER01-001-0024
25.3 &11.1
3.4'
S 5
3.9'N3°34'W
53.9'
20.1.1
N89°48'E 10.8'
20.1.2
N3°35'W
1157.0'
WEST 401.7'
N0°
11'2
8 "E
1 6
5.2'
N 1
5°16
' W 1
97.0
'
S 2°59'E 2 00.0'
S 76°40'W 385.0'
20.2
O'STEEN
S3°1
7'E
92.8
'
S 12°32'E 46.2'
S 36°09'E
32.1'
S 21°02'E
88.3'
S 19°55'E
64.7'
S 23°08'E
39.5'
S 45°45'E
70.6'
S 54°54'E 300.1'
S 30°49
126.9'
20.4
SKYHAWK INVESTMENT L C 50%
AJB HOLDINGS LC 50%
S 0°
03'7
.24"
W 2
19.7
'
N0°14'33"E40'
N89°45'27"W5.70'
N0°14'33"E119.87'
N60°25'27"W234.70'
N89°45'27"W147.99'
ROW EASEMENT509638 BK 822 P 346
20.1.3 & 19.1.4
S89°47'E 100.0'
431.
0'
431.0'
DA
VID
L S
AK
RIS
ON
MEL
OD
Y L
SA
KR
ISO
N
01-0
0 1-0
013
17
S 0°
25' 2
8 "W
13
14.5
3 'N 89°50'23"W 1315.42'
S 0°
17'3
2 "W
13
06.3
1 'N 89°48'13"E 1318.5' 116067.71
59742.71
114753.21 59732.97
114756.89 58417.56
116063.18 58424.21
JAN PRATTCHERYL PRATT
01-001-00036.1
6.25.2
2.8.1
74.0'
100.
0'
74.0'
100.0'
MOAB CITY01-001-0005
8
50.0'
100.
0'
50.0'
100.0'
SHA
RR
EN S R
EES01-001-0006
9
1" = 100'
0 50' 100' 200'100'
Graphic Scale
N 89°47'W43
1.0'
431.
0'
S 89°47'E 100.0'
KIR
STIN
M P
ETER
SON
01-0
01-0
015
18.12.1.1
EAST 5 FTIRRIGATIONEASEMENT
107.80'
S 1°
31'4
7" E
131.
33'
111.29'
131.00'
136.9'N88°21'W 100.0'
S0°2
9 'W
95.
5 '
N0°
29'E
92 .
8 ' S89°56'E 100.0'
JAN PRATTCHERYL PRATT
PWR LN
ESMNT
PATRICK SCHERER01-001-0004
7
227.
0'
175.0'
175.0'
MOAB COMMUNITY SCHOOLMOAB CHARTER SCHOOL
01-001-000710 & 10.1
100.0'
118.2'
50.0'
01-001 -0011
14
N 89°47'W
S 0°
35'E
229.
7'
S 89°26'W
N 0
°50'
W23
1.0'
S89°47'E 100.0'
DA
VID
LY
NN
SA
KR
ISO
NM
ELO
DY
LY
NN
SA
KR
ISO
N01
-001
-001
4
16.2
100.0'
N 52°07'W
120.
0'
50.0'
120.0'
50.0'
DO
NA
LD K
FLY
NN
JAN
A F
LYN
N01
-001
-001
2
15
S 0°
11'E
119.
5'
N 89°47'02" W 205.35'
N 0
°17'
32"
E11
9.5'
S89°47'E 204.36'LIONEL E WEEKS
KIMBERLY SCHAPPERT01-001-0217
19.4
200.0'
100.0'
277.
8'
126.7'
277.
45'
N 81°46'W 169.22'
N 43°05'W
N 0
°17'
32"
E87
.56'
S 89°47'02" E 205.35' S 88°26'E 121.5'
KIMBERLY SCHAPPERT001-001-0017
19
431.
0'
100.0'
DAVID L SAKRISONMELODY L SAKRISON
1094.3'
S 43°05'E234.0'
S 81°46'E 170.4'
328.9'
GRAND COUNTY SCHOOL DISTRICT
01-001-001619.1
N 52°07'W 800.6'
287.9'
S 01° 32' E 65 9.8 '56.0'
108.
0'
56.0'
108.0'JO
HN
L MC
QU
EEN01-001-0009
12
137.3'
203.9'
203.
9'
N 978.1'
78.7'
100'
159.9'370.2'
29.9'N
7°32'47" W23.6'
N 1°1 4'3 7" W
14 7.4'
N 6
°20'
25"
E31
.7' N 46
°10'09
" E
20.8'
PWR LNESMNT
530.
0'
66.0'
530.0'66.0'
GR
AN
D C
OU
NTY
1.1
790.
0'
790.0'
33.0'
(R L
& S
AR
AH
HO
LYO
AK
)FO
UR
TH E
AST
66.0'
10.3'
S 1°
31'4
7" E
676.
5'
S 52°07'E27.7'
494.0'
33.0'
199.0'
33.0'
296.0'
N 52°07'W
27.7'
S 1°
31'4
7" E
189.
6'S
0 °15
'52"
W12
3.5'
17.5'
01-001-0001GRAND COUNTY SCHOOL DISTRICT
9.6'N89°32'W
53.5'
13.1' 01-0001-0258
S89°47'E 121.9'
122.
4'
N 88°26'W 121.5'
N 0 °11'W
119 .5'
GORDON H HENRIKSENLISSA ELLEN PAAK
01-001-020419.3
4.0'
123.0'
56.0'
108.0'
69.0'
JOE D KINGSLEY
01-0
01-0
008
1112.1
S 0°37'W 92.8'
36.7'
78.40'
101.40'
143.60'
37.
70'
232
.90'
123.70' 65.00' 122.40'
N88°28'E 38.5'
189.
9'
N 30°29'10" W
19.2
vr 2/01
S1°3
1'47
"E 1
00.0
'
5.0'
6.1.3
5.3'
.96
7.3
MOAB IRRIGATIONPIPELINE
2.2
5
01-001-0227
2.2.411.3
5 FT
WID
E D
EDIC
ATI
ON
TO
MO
AB
CIT
Y F
OR
SID
EWA
LK
W 939.51'
200.0'
S 52°07' E 959.1'
S 0 °
15'5
2" W
12 3
.47'
400
EAST
STR
EET
9-A3229-B3189-C3149-D308
10-A330
10-B332
10-C334
10-D336
12-A36412-B366
12-C372
12-D374
1-A3761-B3781-C3821-D384
2-A3912-B3892-C3872-D385
3-A373
3-B375
3-C377
3-D383
4-D365
4-C367
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MOAB IRRIGATIONCOMPANY DITCH
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C/L MONUMENT AT3RD SOUTH STREET &
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26.0'N89°56'W 95.5'
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45'27" W47.99'
ROW EASEMENT509638 BK 822 P 346
20.1.3 & 19.1.4
Moab Planning Commission Agenda Item Meeting Date: April 23, 2020
Title: Planning Commission Resolution 03-2020 – A Resolution Approving the Condominium Conversion of the Bungalows at 200 North located at 53 East 200 North, 55 East 200 North, 57 East 200 North, 59 East 200 North.
Disposition: Discussion and possible action
Staff Presenter: Nora Shepard, Planning Director
Attachment(s):
• Exhibit 1: Proposed Planning Commission Resolution 03-2020 – A Resolution Approving the Condominium Conversion of the Bungalows at 220 North.
• Exhibit 2: Location Map • Exhibit 3: Aerial Photo of property • Exhibit 4: Application • Exhibit 5: Letters to Tenants • Exhibit 6: Proposed Plat • Exhibit 7: Proposed Declarations • Exhibit 8: Condo Conversion Requirements •
Recommended Motion: I move to approve Planning Commission Resolution 03-2020 – A Resolution Approving the Condominium Conversion of the Bungalows at 200 North located at 53 East 200 North, 55 East 200 North, 57 East 200 North, 59 East 200 North.
Summary: Applicant: John Knight Address: 53 East, 55 East, 59 East and 57 East 200 North Moab, Ut Existing Use: Approved Court Apartments Proposed Use: Condominium with common open space Zoning: R-3 Multihousehold Residential Zone
Background Information: The properties at 53, 55, 57, 59 East 200 North is currently being used as rental housing. A Site Plan was approved for the Knight Bungalows as a Court Apartment complex, with 4 units and common open space. The units are all just under 1,000 sq. ft. The plat also designates 10, 455 sq. ft. of common area. The common area includes a central courtyard and required parking and setbacks. At this time, the property owner, John Knight, proposes to convert the units to condominiums so that the individual units can be sold to the tenants, or others, at an affordable price. The units would continue to be used for long term residents only. No nightly rental would be permitted since it is in the R-3 Zone. Code Compliance: The Moab Municipal Code specifically addresses a conversion of existing units to condominiums in Sections 17.79.030 through 17.79.060 (Exhibit 8). This section of the code grants the Planning Commission the approval authority for Condominium Conversions. While no public hearing is required, there is a requirement that all tenants a sixty-day notice of the conversion. Those notices went out on February 13, 2020 (attachment 5). The property has been inspected by the City Building Inspector and has been determined to comply with building requirements. The project complies with the Zoning provision of the R-3 Zone as to setbacks, density, building height and parking. No major improvements are proposed on the site at this time.
CITY OF MOAB PLANNING RESOLUTION NO. 03-2020
A Resolution Approving the Condominium Conversion of the Bungalows at 200 North located
at 53 East 200 North, 55 East 200 North, 57 East 200 North, 59 East 200 North.
WHEREAS, the following describes the intent and purpose of this resolution:
a. Property Owner John Knight filed an application with the City of Moab to convert the existing
bungalow apartments he owns on 200 North to condominiums.
b. The owner has assured that the units will remain long term rental units.
c. Notices to the tenants as required in MMC 17.79.050 were sent on February 13, 2020. The 60-day
notice period has been completed.
d. MMC 17.79.030 requires review and approval of condominium conversions by the Planning
Commission.
e. Applicant has furnished a Condominium Plat and Declarations, consistent with Utah State Law
and Local Municipal Ordinances.
f. The property is Zoned R-3 Multihousehold Residential and meets the zoning requirements of that
zone.
g. Following the consideration of the technical aspects of the pertinent code sections, the Moab
Planning Commission, pursuant to Moab Planning Commission Resolution #03-2020, hereby
finds, that all applicable provisions of the Moab Municipal Code have or can be met.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB PLANNING COMMISSION, the
application for condominium conversion of the Bungalows at 200 North be Approved
PASSED AND APPROVED in an open meeting of the Planning Commission by a majority vote of the
Governing Body of Moab Planning Commission on April 23, 2020.
SIGNED: ________________________________
Kya Marienfeld, Chair
From Moab Municipal Code
17.79.030Condominium conversions.
Existing structures shall not be converted to condominium ownership without first receiving
review and recommendation of the City planning staff. The Planning Commission shall review
all staff recommendations and approve, deny, or approve subject to conditions all condominium
conversion applications. (Ord. 06-10 (part), 2006)
17.79.040Required compliance with existing codes.
All structures subject to condominium conversion shall be brought into compliance with all
building and zoning requirements prior to condominium plat approval, except that the Planning
Commission shall have discretionary authority to grant special exceptions to compliance with
zoning code requirements where the applicant demonstrates that: a) site constraints prevent full
compliance; and b) public health and safety is not jeopardized; and c) and appropriate mitigation
measures are provided by the applicant. (Ord. 06-10 (part), 2006)
17.79.050Notice requirement for tenants in buildings to be converted.
Before proceeding with the conversion of any apartment or other long-term rental unit in a
project, the owner shall notify all existing tenants in such project, in writing, of the owners’
intent to convert, and the proposed date thereof. Such notice shall provide, at a minimum, a sixty
day review and relocation period, wherein no conversion may be approved by the City until such
period has expired. Any tenant may waive any required notice period; provided that such waiver
be executed in writing after the date of the notice; provided that all existing tenants waive the
required notice period, an owner may proceed with a conversion before the expiration of the
sixty-day period. Nothing in this chapter shall prevent an owner from preparing materials and
submitting an application for conversion, as required by the City. Nothing in this chapter
obligates an owner to proceed with a conversion after notice has been given. All condominium
conversion applications shall provide a written report outlining the status of each existing unit as
vacant or occupied and copies of all required notices. (Ord. 06-10 (part), 2006)
17.79.060Plat and declaration approval.
All condominium developments shall include a condominium plat and condominium
declaration complying with the provisions of the Utah Condominium Ownership Act. The
proposed plat and declaration shall be submitted with the application for staff review prior to any
applicable decision by the body having land use authority. The final plat for all condominium
conversions shall include a signature block for the Planning Commission, City Planner, City
Engineer, and City Attorney which must be executed prior to recording. Except where the
applicant posts a performance guarantee under Section 16.20.060 (subdivisions) or
Section 17.66.180(C) (planned unit developments), the condominium plat and declaration shall
not be recorded until all approvals required under by city code have been obtained and all
required improvements have been completed. (Ord. 06-10 (part), 2006)
1623580.2
When Recorded, Return to:
Rose Tree Properties, LLC
Attn: John Knight
285 South 400 East
Moab, Utah 84532
DECLARATION
OF
CONDOMINIUM
FOR
KNIGHT BUNGALOW CONDOMINIUMS
1623580.2
i
TABLE OF CONTENTS
PAGE
ARTICLE 1. DEFINITIONS .......................................................................................................... 1
ARTICLE 2. PURPOSE; SUBMISSION TO ACT; GENERAL PROVISIONS .......................... 4 2.1 Purpose; Submission to Act .................................................................................................. 4 2.2 Description of Buildings ....................................................................................................... 5 2.3 Presumed Boundaries ........................................................................................................... 5
2.4 Covenants Run with Land ..................................................................................................... 5
ARTICLE 3. UNITS ....................................................................................................................... 5
3.1 Subdivision of Property ........................................................................................................ 5
3.2 Nature of Units ...................................................................................................................... 5 3.3 Nature of Undivided Interests ............................................................................................... 5 3.4 Conveyance of Units ............................................................................................................. 6 3.5 Improvement of Units ........................................................................................................... 6
3.6 Maintenance of Units and Limited Common Elements ........................................................ 6 3.7 Division of Units ................................................................................................................... 7
3.8 Separate Taxation ................................................................................................................. 7
ARTICLE 4. THE ASSOCIATION ............................................................................................... 7 4.1 Association ............................................................................................................................ 7
4.2 Membership .......................................................................................................................... 7
ARTICLE 5. BOARD ..................................................................................................................... 8 5.1 Establishment ........................................................................................................................ 8 5.2 Composition .......................................................................................................................... 8
5.3 Officers and Agents .............................................................................................................. 9 5.4 Records ................................................................................................................................. 9
5.5 Professional Management ..................................................................................................... 9
5.6 Liability ................................................................................................................................. 9 5.7 Initial Agent for Service of Process .................................................................................... 10
5.8 General Standard ................................................................................................................. 10
ARTICLE 6. COMMON ELEMENTS; COMMON EXPENSES; ASSESSMENTS ................. 11 6.1 Common Elements .............................................................................................................. 11
6.2 Annual Budget .................................................................................................................... 11 6.3 Assessments ........................................................................................................................ 11
6.4 Collection of Assessments .................................................................................................. 12 6.5 Estoppel Statement ............................................................................................................. 13 6.6 Reserve Fund ...................................................................................................................... 13
ARTICLE 7. EASEMENTS ......................................................................................................... 14 7.1 Easements for Encroachments ............................................................................................ 14 7.2 Easements for Maintenance ................................................................................................ 14 7.3 Easements for Units ............................................................................................................ 14
1623580.2
ii
7.4 Easement for Completion of Development ........................................................................ 14 7.5 General Provisions .............................................................................................................. 15
ARTICLE 8. USE RESTRICTIONS ............................................................................................ 15 8.1 Use ...................................................................................................................................... 15 8.2 Nuisance .............................................................................................................................. 15 8.3 Unsightly Work, Hobbies or Unkempt Conditions ............................................................ 15 8.4 Garbage, Refuse and Debris ............................................................................................... 15
8.5 Subdivision of a Unit .......................................................................................................... 16 8.6 Firearms and Incendiary Devices ........................................ Error! Bookmark not defined. 8.7 Temporary Structures ......................................................................................................... 16 8.8 Landscaping ........................................................................................................................ 16
8.9 Exterior Alteration .............................................................................................................. 16 8.10 Signs; Flags ........................................................................ Error! Bookmark not defined. 8.11 Solar Equipment ................................................................ Error! Bookmark not defined.
8.12 Business Use ..................................................................................................................... 16 8.13 Parking and Vehicles ........................................................................................................ 16
8.14 Antennae ............................................................................ Error! Bookmark not defined. 8.15 Windows and Window Coverings .................................................................................... 17 8.16 Animals ............................................................................................................................. 17
8.17 Insurance ........................................................................................................................... 18 8.18 Laws .................................................................................................................................. 18
8.19 Damage or Waste .............................................................................................................. 18 8.20 Mail Boxes ........................................................................................................................ 18
ARTICLE 9. INSURANCE .......................................................................................................... 18 9.1 Insurance ............................................................................................................................. 18
9.2 Waiver of Subrogation against Owners and Association ................................................... 19 9.3 Loss; Deductibles ................................................................................................................ 19 9.4 Insurance Trustee ................................................................................................................ 20
9.5 Association’s Right to Negotiate Claims and Losses and Receive Proceeds ..................... 20 9.6 Amendments to this Section to Comply with Applicable Law .......................................... 20
ARTICLE 10. DESTRUCTION; CONDEMNATION; RESTORATION .................................. 21
10.1 Definitions ........................................................................................................................ 21 10.2 Board Determinations ....................................................................................................... 21 10.3 Restoration ........................................................................................................................ 22
10.4 Sale of Property ................................................................................................................ 22 10.5 Authority to Represent Owners ........................................................................................ 22 10.6 Reallocation of Interests on Condemnation ...................................................................... 23 10.7 Allocation of Proceeds upon Partial Condemnation ......................................................... 23
11. MORTGAGEE PROTECTION.............................................................................................. 23 11.1 Eligible Mortgagee ........................................................................................................... 23 11.2 Matters Requiring Prior Eligible Mortgagee Approval .................................................... 24 11.3 Availability of Governing Documents and Financial Statements .................................... 24 11.4 Priority of Declaration; Subordination of Lien ................................................................. 24
1623580.2
iii
12. ENFORCEMENT; DISPUTE RESOLUTION ...................................................................... 25 12.1 Agreement to Encourage Resolution of Disputes without Litigation ............................... 25
12.2 Dispute Resolution Procedures ......................................................................................... 25 12.3 Enforcement and Right to Recover Attorney’s Fees and Costs ........................................ 27 12.4 Self Help Rights of Association ........................................................................................ 27 12.5 Fines .................................................................................................................................. 27 12.6 Suspension of Use Rights ................................................................................................. 28
12.7 Notice and Hearing ........................................................................................................... 28 12.8 Declarant’s Rights ............................................................................................................. 29 12.9 Initial Development and Construction .............................................................................. 29
ARTICLE 13. MISCELLANEOUS ............................................................................................. 31
13.1 Amendment ....................................................................................................................... 31 13.2 Amendment ........................................................................ Error! Bookmark not defined. 13.3 Removal of Property from Act ......................................................................................... 31
13.4 Sale of Property ................................................................................................................ 31 13.5 Declarant’s Right to Amend ............................................................................................. 32
13.8 Limitation on Improvements by Association .................................................................... 32 13.8 Declarant’s Rights Assignable .......................................................................................... 32 13.10 Transfer of Management ................................................................................................. 32
13.11 Certain Provisions Applicable to Declarant .................................................................... 32 13.12 Interpretation ................................................................................................................... 33
13.13 Covenants to Run with Land .......................................................................................... 33 13.14 Security ........................................................................................................................... 33 13.15 Effective Date ................................................................................................................. 33
1623580.2
DECLARATION OF CONDOMINIUM
FOR KNIGHT BUNGALOW CONDOMINIUMS
THIS DECLARATION OF CONDOMINIUM FOR KNIGHT BUNGALOW
CONDOMINIUMS (this “Declaration”) is executed as of February ______, 2020, by ROSE
TREE PROPERTIES, LLC, a Utah limited liability company (the “Declarant”).
RECITALS:
A. The Declarant owns certain real property located in Grand County, State of Utah, and more
particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the
“Land”).
B. The Declarant has constructed several buildings on the Land and intends to convert the
buildings into a condominium development (the “Project”) on the Land, and desires to subject the
Project to certain easements, restrictions, covenants and conditions for the purpose of protecting
the value and desirability of the Project.
NOW, THEREFORE, the Declarant does hereby make the following declaration:
DEFINITIONS. As used in this Declaration, the following terms shall have the
meanings given them below:
“Act” means the Utah Condominium Ownership Act, Utah Code Annotated, Title 57,
Chapter 8, as in effect on, and as amended after, the date of this Declaration, and any successor or
substitute provisions.
“Annual Assessment” means an assessment levied pursuant to Section 6.3(a) hereof.
“Annual Budget” means a budget that sets forth an itemization of the anticipated Common
Expenses for the calendar year to which such Annual Budget pertains.
“Articles of Incorporation” means the Articles of Incorporation of the Association on file
or to be filed with the Utah Department of Commerce, Division of Corporations and Commercial
Code.
“Assessment” means Annual Assessments, Special Assessments, Individual Assessments,
and any other charge imposed or levied by the Association against an Owner, including but not
limited to those related to Common Expenses as well as miscellaneous assessments for capital
improvements and for the purpose of restoring and reconstructing the Project in the event of
casualty, all as provided in this Declaration.
“Association” means Knight Bungalow Owner’s Association, a Utah nonprofit
corporation.
“Board of Directors” or “Board” means the board of directors of the Association
appointed or elected in accordance with the Governing Documents, which shall serve as the
“management committee” (as defined in the Act) of the Association.
2
1623580.2
“Building” means any of the buildings constructed or to be constructed on the Land.
“Bylaws” means the Bylaws of the Association, as they may be amended from time to
time. A copy of the initial Bylaws is attached hereto as Exhibit D.
“Common Elements” means all parts of the Project that are not Units, including but not
limited to the Land; all portions of the Buildings not contained within the Units, including but not
limited to the foundation, columns, girders, beams, supports, perimeter and supporting walls, roofs,
patios, balconies, entrances and exits; the mechanical installations of the Project consisting of the
equipment and materials making up any central services which exist one or to serve more of the
Units, including but not limited to pipes, vents, ducts, flues, cable conduits, wires, telephone wire,
and other similar utility installations used in connection therewith, whether outside or inside a
Building); yards, outdoor lighting, fences, landscaping and sidewalks; and areas used for common
disposal of trash and recycling.
“Common Expenses” means all expenses of operation (including common utilities and
services), management, maintenance, repair or replacement of the Common Elements, including a
reasonable reserve for the periodic maintenance, repair and replacement of the Common Elements,
including but not limited to premiums for the insurance obtained by the Board pursuant to this
Declaration or the Act, and any other cost, expense or fee properly incurred by the Association in
connection with the performance of its obligations under the Governing Documents.
“Condominium Unit” means a Unit together with the Undivided Interest appurtenant to
such Unit.
“County Records” means the official records of the Grand County recorder.
“Declarant” means Rose Tree Properties, LLC, a Utah limited liability company, and its
successors and assigns.
“Declarant Control Period” means the period commencing on the date hereof and ending
on the date which is the earliest of (a) the date on which Declarant no longer owns a Unit, (b) ten
years from the date of recording of this Declaration, and (c) the date on which Declarant executes
and records a document terminating the Declarant Control Period.
“Eligible Mortgagee” means a mortgagee or beneficiary under a mortgage or deed of trust
encumbering a Unit who has requested notice in writing of certain matters from the Association in
accordance with Section 11.1.
“Emergency Repairs” means any repairs which if not made in a timely manner will likely
result in immediate and substantial damage to property, including but not limited to any Common
Elements or a Unit or Units, or imminent danger to persons.
“Family” means a group of natural persons residing in the same Unit and maintaining a
common household.
“Governing Documents” means this Declaration, the Articles of Incorporation, the
Bylaws, and Rules and Regulations.
3
1623580.2
“Guest” means a temporary visitor, invitee or person whose presence within the Project is
approved by or is at the request of a Resident.
“Individual Assessment” means an Assessment levied pursuant to Section 6.6.
“Land” means that certain real property that is located in Salt Lake County, Utah and that
is described on Exhibit A attached hereto. The Land includes any easements that benefit the Land
from time to time including any easements that are set forth on the Plat.
“Limited Common Elements” means those portions of the Common Elements designated
in this Declaration or the Plat as reserved for the use of a certain Unit or Units to the exclusion of
the other Units. Without limiting the generality of the foregoing, any balcony, patio, or deck
serving one Unit shall be a Limited Common Element appurtenant to that Unit.
“Majority of the Owners” means, with respect to any matter presented to the Owners for
a vote, the Owners of more than fifty percent (50%) in the aggregate of the Undivided Interests
held by Owners entitled to vote at the time such vote is taken.
“Majority” means more than fifty percent (50%) of the total Eligible Votes.
“Manager” means a person or entity engaged to manage and operate the Project.
“Mortgage” means either a mortgage or deed of trust encumbering a Unit, but shall not
mean or refer to an executory contract of sale.
“Mortgagee” means a mortgagee or a beneficiary under a Mortgage encumbering a Unit,
but shall not mean or refer to a seller under an executory contract of sale.
“Owner” means the person who is the owner of record (in the office of the County
Recorder of Salt Lake County, Utah) of a Unit. The term “Owner” does not mean or include a
Mortgagee or a trustee under a deed of trust unless and until such party has acquired title pursuant
to foreclosure or any arrangement or proceeding in lieu thereof.
“Plat” means the condominium plat entitled _______________, recorded in the office of
the County Recorder of Grand County concurrently with this Declaration, as such plat may be
amended from time to time. The Plat will show the location of the Units, Common Elements, and
Limited Common Elements.
“Project” means the Land, the Units, and the Common Elements, collectively.
“Proportionate Share” means, as to any Owner, the percentage shown on Exhibit C
attached hereto as the Proportionate Share attributable to such Owner’s Unit. The Proportionate
Shares are determined on the basis of the relative Sizes of the Units.
“Reserve Fund” shall have the meaning given it in Section 6.6.
“Resident” means an Owner or a tenant or Family member of an Owner who is residing
in a Unit.
4
1623580.2
“Rules and Regulations” means the rules and regulations established by the Board of
Directors to control, regulate or establish guidelines for the conduct of Owners, Residents, Guests,
and others in the Project.
“Size” means the approximate number of square feet of floor space within each Unit
(including garages) as computed by reference to the Plat and rounded off to a whole number. The
Size of each Unit is set forth in the attached Exhibit B.
“Special Assessment” means an Assessment levied pursuant to Section 6.3.
“Total Votes” means the total voting rights attributable to all the Units, as set forth on
Exhibit C attached hereto.
“Undivided Interest” means an undivided interest, expressed as a percentage, in the
Common Elements made appurtenant to each Unit by the provisions of this Declaration, as set
forth in Exhibit C.
“Unit” means each separate physical part of the Project intended for independent use,
including one or more rooms or spaces located or to be located in one or more floors or part or
parts of floors in a Building, as depicted on the Plat. Each Unit comprises enclosed rooms
occupying part of the Building and interior non-supporting, non-bearing walls and bounded by the
interior surfaces of the walls, floors, ceilings, windows and doors along the perimeter boundaries
of such air space, together with all fixtures and improvements contained within such air space.
The interior portion of a garage shown on the Plat as part of a Unit, whether or not contiguous to
the remainder of the Unit, constitutes part of the Unit. Paint and other wall, ceiling and floor
coverings on interior surfaces shall be deemed to be a part of the Unit concerned. Notwithstanding
the fact that they may be within the boundaries of such air space, the following are not part of a
Unit insofar as they are necessary for the support or the use and enjoyment of another Unit, and
shall be part of the Common Elements: (a) bearing walls; (b) common walls, floors and ceilings
between Units or between a Unit and another Common Element (except for the interior surfaces
of walls, floors and ceilings, which interior surfaces shall be part of the Unit, as described above);
(c) roofs; (d) foundations; (e) ceiling equipment; and (f) tanks, pumps, pipes, vents, ducts, shafts,
flues, chutes, conduits, wires and other utility installations and Utility Equipment, except the
outlets of any of the foregoing when located within a Unit. The interior surface of a window or
door means the location of such surface when such window or door is closed.
“Utility Equipment” means pipes, sprinklers, wires, ducts, flues, cables, conduits, public
utility lines, transformers, switch gear vaults, and other utility equipment serving the Project.
PURPOSE; SUBMISSION TO ACT; GENERAL PROVISIONS
2.1 Purpose; Submission to Act. Declarant intends, by recording this Declaration and
the Plat, to create a Utah residential condominium project containing four Units, to be known as
Knight Bungalow Condominiums. The Land and all improvements now or hereafter constructed
thereon are hereby submitted to the Act. The Project is not an expandable condominium. The
Project: (a) does not contain any convertible space; (b) is not a contractible condominium; (c) is
not a leasehold condominium; and (d) does not contain time period units, as all of such terms are
defined in the Act.
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2.2 Description of Buildings. The Project includes three Buildings and other
improvements related thereto. Building 1 as shown on the Plat is a single-story building containing
one Unit which includes an attached carport. Building 2 as shown on the Plat is a single-story
building containing one Unit which includes an attached carport. Building 3 as shown on the Plat
is a one story building containing two separate units, as indicated on the Plat. Each Building is
constructed principally of wood framing with vinyl siding exteriors. There are no basements in
the Project.
2.3 Presumed Boundaries. In interpreting the Plat or any deed or other instrument
affecting the Building or a Unit, the boundaries of the Building or such Unit constructed in
substantial accordance with the Plat shall be conclusively presumed to be the actual boundaries
rather than the description expressed in the Plat, regardless of the settling or lateral movement of
the Building or any minor variance between the boundaries shown on the Plat and those of the
Building or such Unit.
2.4 Covenants Run with Land. This Declaration and all of the provisions herein shall
run with the land and may be enforced by Declarant, the Management Committee and any Owner
and their respective successors in interest. Any Mortgage or other encumbrance of any
Condominium Unit shall be subject and subordinate to all of the provisions of this Declaration,
and in the event of foreclosure of any Mortgage or other encumbrance, the provisions of this
Declaration shall be binding upon any Owner whose title is derived through the foreclosure. All
Owners, Residents, Guests, and any other person who uses or occupies the Project shall be subject
to the Governing Documents. All decisions and determinations made by the Board in accordance
with the Act or other Governing Documents shall be binding on all the Owners and occupants of
the Project.
UNITS
3.1 Subdivision of Property. The Project is hereby subdivided into Condominium
Units, with each such Condominium Unit consisting of a Unit, the right to use appurtenant Limited
Common Elements, if any, and an appurtenant Undivided Interest, as set forth on Exhibit C
attached to this Declaration.
3.2 Nature of Units. Each Condominium Unit shall for all purposes constitute real
property and may be individually conveyed, leased, encumbered, inherited or devised by will. Any
Condominium Unit may be held and owned by more than one person as joint tenants, as tenants
in common or in any other real property tenancy relationship recognized under the laws of the
State of Utah. Each Owner shall be entitled to the exclusive ownership and possession of its Unit
and, to the extent applicable, the exclusive use of any Limited Common Elements appurtenant
only to its Unit subject to the provisions of this Declaration. Each Owner may separately mortgage
or otherwise encumber its Condominium Unit, provided that each Mortgage of any Condominium
Unit shall be subordinate to this Declaration. No Owner may mortgage or otherwise encumber the
Common Elements, except to the extent of the Undivided Interest appurtenant to its Unit.
3.3 Nature of Undivided Interests. Each Owner shall be entitled to an Undivided
Interest in the percentage expressed in the attached Exhibit C. Each Owner may use the Common
Elements on a nonexclusive basis, but only in accordance with the purposes for which they were
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intended, subject to the Governing Documents. Neither any Undivided Interest nor the right of
exclusive use of any Limited Common Elements shall be separated from the Unit to which it is
appurtenant. The Common Expenses shall be charged to, and the voting rights shall be available
to, the Owners according to their respective Undivided Interests.
3.4 Conveyance of Units. Every contract for the sale of a Unit, every deed conveying
a Unit, and every other instrument affecting title to a Unit may describe a Unit by the name of the
Project, the recording date for this Declaration, the county wherein the Project is located and its
Unit number as indicated in this Declaration or as shown on the Plat. Such description will be
construed to describe the Unit, together with the undivided interest in the Common Elements
appurtenant to a Unit, and to incorporate all the rights incident to ownership of a Unit and all of
the limitations on such ownership as described in this Declaration.
3.5 Improvement of Units. Each Owner shall have the exclusive right to paint,
repaint, tile, paper, carpet and otherwise decorate the interior surfaces of the walls, ceilings, floors
and doors forming the perimeter boundaries of its Unit and the surfaces of all walls, ceilings, floors
and doors within such boundaries. Each Owner may also construct partition walls, fixtures and
improvements within the boundaries of that Owner’s Unit; provided, however, that such walls,
fixtures and improvements shall not interfere with facilities necessary for the support, use or
enjoyment of any other part of the Project; impair the structural integrity of the Building; or
encroach on or interfere with any Common Elements. No Owner shall remove or alter any interior
bearing walls within a Unit without first providing to the Management Committee (at the Owner’s
expense) a structural analysis from a structural engineer (which engineer is reasonably satisfactory
to the Management Committee) affirming that the removal and alterations (and the reinforcement
beams and supports) will not adversely impact the structural integrity of the Building and then
providing structural reinforcement beams or supports for the modified bearing walls. No Owner
shall do any work on or make any alterations or changes to the Common Elements without the
prior written consent of the Management Committee.
3.6 Maintenance of Units and Limited Common Elements.
(a) Maintenance of Units. Each Owner, at its sole cost and expense, shall keep
the interior of its Unit, including, without limitation, interior walls, window glass, ceilings,
floors and fixtures and other improvements, in good condition and repair and in a clean
and sanitary condition.
(b) Maintenance of Limited Common Elements. Notwithstanding anything
herein regarding maintenance of Common Elements, each Owner, at its sole cost and
expense, shall maintain in good condition and repair all Limited Common Elements
appurtenant to such Owner’s Unit. Without limiting the generality of the foregoing, (i)
each Owner shall maintain the exterior walls, window glass and doors forming or situated
at the exterior boundary of its Unit and shall immediately repair or replace any such exterior
surface, window glass or door on removal, breakage or other damage.
(c) Failure to Maintain. If any Owner fails to maintain its Unit or the Limited
Common Elements for which such Owner is responsible, or if any Unit or appurtenant
Limited Common Elements develops an unsanitary or unclean condition or falls into a state
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of disrepair and the responsible Owner fails to correct such condition promptly following
written notice from the Board, or if any removed, broken or damaged window glass or door
referred to in the preceding subsection (b) is not immediately repaired or replaced by the
Owner obligated to do so, then the Board may (but is not obligated to), at the expense of
such Owner and without liability to such Owner for trespass or otherwise, enter the Unit
concerned and correct or eliminate such unsanitary or unclean condition or such state of
disrepair or repair or replace such window glass or door, as the case may be. Any funds
expended by the Board pursuant to this Section, together with interest at the rate of eighteen
percent (18%) per annum, both before and after judgment, and all costs of collection,
including, without limitation, reasonable attorneys’ fees, shall constitute an Individual
Assessment.
3.7 No Division of Units. No Unit may be further divided or subdivided or a fractional
portion thereof sold or conveyed so as to be held in divided ownership (as opposed to joint tenancy,
tenancy in common, or other form of joint undivided ownership). No Owner may lease less than
all of its Unit.
3.8 Separate Taxation. Each Condominium Unit (comprising a Unit and an
appurtenant Undivided Interest) shall be deemed to be a separate parcel for purpose of assessment
and taxation and shall be subject to separate assessment and taxation. Neither the Project, any
Building, nor any of the Common Elements may be considered as a separate parcel for purposes
of assessment or taxation.
THE ASSOCIATION.
4.1 Association.
(a) Association. On or before conveying the first Unit to a purchaser, Declarant
shall cause the Association to be incorporated. Each Owner shall automatically be a
member of the Association. The Board shall act as the board of directors and the
management committee of the Association.
(b) Registration with the State. In compliance with, and to the extent required
by, Utah Code Ann. § 57-8-13.1 or any successor provision, the Association shall be
registered with the state Department of Commerce, Division of Real Estate and shall update
its registration as required by law.
(c) Bylaws. The Bylaws of the Association are attached to this Declaration as
Exhibit D. The provisions of the Utah Revised Nonprofit Corporation Act, as in effect on,
and as amended after, the date of this Declaration, shall supplement the Bylaws to the
extent that such statutory provisions are not inconsistent with this Declaration or the
express provisions of the Bylaws.
4.2 Membership. Each Owner shall be required to be a member of the Association.
If title to a Unit is held by more than one person, the membership appurtenant to that Unit shall be
shared by all such persons in the same proportionate interest and by the same type of tenancy in
which title to the Unit is held. Ownership of a Unit cannot be separated from membership in the
Association; each membership shall be appurtenant to the Unit to which it relates and shall be
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transferred automatically by conveyance of that Unit. No person or entity other than an Owner
may be a member of the Association, and membership in the Association may not be transferred
except in connection with the transfer of a Unit. Membership will begin immediately and
automatically upon becoming an Owner and shall terminate immediately and automatically upon
ceasing to be an Owner.
BOARD
5.1 Establishment. Subject to the provisions of this Declaration, the Project shall be
operated, managed and maintained by the Board. The Board, acting on behalf of the Association,
shall be vested with, and shall have all rights, powers and authority given to a management
committee or an association of unit owners under the Act and all rights, powers and authority as
are necessary to perform its duties under the Governing Documents, which shall include, but not
be limited to, the rights, powers and authority to:
(a) administer and enforce the covenants, conditions, restrictions, easements,
and other provisions of the Governing Documents;
(b) maintain and keep in good order, condition and repair all the Common
Elements;
(c) without the vote or consent of the Owners, Mortgagees, or of any other
person, grant or create (and/or to relocate), on such terms as it deems advisable, reasonable
licenses, rights-of-way and easements over, under, across and through the Common
Elements for utilities and other purposes reasonably necessary or useful for the proper
operation and maintenance of the Project;
(d) sue and be sued on behalf of the Association;
(e) enter into contracts that are within the scope of the powers and duties of the
Board;
(f) promulgate such Rules and Regulations as may be necessary or desirable to
ensure that the Project is maintained and used in a manner consistent with this Declaration
and the interests of the Owners and to establish penalties for the infraction of such Rules
and Regulations;
(g) levy and collect Assessments for the payment of Common Expenses;
(h) perform any other acts and to enter into any other transactions authorized
by the Governing Documents or the Act or which may be reasonably necessary for the
Board to perform its functions on behalf of the Owners.
5.2 Composition .
(a) During the Declarant Control Period, the Board shall have three members
who shall be appointed by the Declarant.
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(b) After the expiration of the Declarant Control Period, the Board shall consist
of three natural persons elected by the Members in accordance with the Bylaws. Only
Owners (and officers, partners, managers, members and agents of Owners who are not
natural persons) shall be eligible for Board membership.
5.3 Officers and Agents. The Board shall perform its functions through those
members who are elected as officers by the Board in accordance with the Bylaws and through such
agents or employees as the Board may appoint or employ.
5.4 Records.
(a) The Board shall keep detailed, accurate records in chronological order of
the receipts and expenditures of the Association. Such records shall be available for
examination by the Owners at convenient hours on weekdays. The Board shall maintain
up-to-date records showing (a) the name of each person who is an Owner, the address of
the Unit owned by such Owner, and the mailing address and electronic mail address (if
any) of such Owner; and (b) the name and address of each Eligible Mortgagee and the Unit
that is encumbered by such Eligible Mortgagee.
(b) Upon any transfer of a fee interest in a Condominium Unit, the transferee
shall provide to the Association evidence that the transfer has occurred and that the deed
or instrument of conveyance is of record in the County Records. The Association may rely
on such information or, at its option, on current ownership information that is obtained
from the County Records. The mailing address of an Owner shall be deemed to be the
address of the Unit owned by such Owner unless such Owner provides written notice to
the Association of a different mailing address.
(c) The Board shall make available for inspection on request during normal
business hours or under other reasonable circumstances to Owners and Mortgagees, current
copies of this Declaration, the Plat, the Rules and Regulations, and the books, records and
financial statements of the Association to the extent required under the Act or other
applicable law.
5.5 Professional Management. The Board may (but is not obligated to) engage a
professional manager to perform any functions that are properly the subject of delegation. The
manager shall be an independent contractor and not an agent or employee of the Board, shall be
responsible for managing the Project for the benefit of the Association and the Owners and shall,
to the extent permitted by law and by the terms of the agreement with the Board, be authorized to
perform any of the functions or acts required or permitted to be performed by the Board itself.
Any such management agreement shall run for a reasonable period not to exceed to three years.
5.6 Liability. No member of the Board or any officer of the Association shall be liable
to the Owners for any mistake of judgment, for negligence or on other grounds, except for such
member’s own willful misconduct, gross negligence, bad faith or more culpable conduct, subject
to the following:
(a) General. Members of the Board and officers of the Association: (a) shall
have no personal liability in contract to an Owner or any other person or entity under any
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agreement, instrument or transaction entered into by them on behalf of the Association in
their capacity as such; (b) shall have no personal liability in tort to any Owner or any person
or entity, direct or imputed, by virtue of acts performed by them in their capacity as such,
except for their own willful misconduct, gross negligence, bad faith or more culpable
conduct, nor for acts performed for them in their capacity as such; and (c) shall have no
personal liability arising out of the use, misuse or condition of the Project, which might in
any way be assessed against or imputed to them as a result of or by virtue of their capacity
as such.
(b) Specific Listing. Without limiting the generality of subsection (a) above,
and notwithstanding any provision of the Governing Documents to the contrary, neither
the Board, the Association, nor any member of the Board shall be liable for any loss, injury,
death or damage (including any consequential damage) to persons, property or business
resulting from any theft, act of God, public enemy, injunction, riot, strike, insurrection,
war, court order, requisition, order of governmental body or authority, fire, explosion,
falling object, steam, water, rain, snow, ice, breakage, leakage, obstruction or other defects
of Utility Equipment, appliances, plumbing, air conditioning or lighting fixtures,
construction, repair or alteration of the Project or other cause beyond such person’s
reasonable control.
(c) Indemnity. Each Owner and the Association shall indemnify each member
of the Board and each officer of the Association against all claims made by third parties
arising out of any contract made by the Board on behalf of the Owners, unless such contract
was made in bad faith. The liability of any Owner arising out of any contract made by the
Board or an officer of the Association or out of the indemnification provision set forth in
the immediately preceding sentence shall be limited to the total liability concerned
multiplied by such Owner’s Undivided Interest.
5.7 Initial Agent for Service of Process. The following shall be the initial person to
receive service of process on behalf of the Project, the Board and the Association:
The Board shall have the right to appoint a successor or substitute process agent at any time and
from time to time. The name and address of any such successor or substitute agent shall be
specified by an appropriate instrument recorded in the Salt Lake County Recorder’s office, a copy
of which shall be delivered to each Owner. Service of process on two or more Owners in any
action relating to the Common Elements or more than one Unit may be made on the agent
designated above.
5.8 General Standard. Notwithstanding any provision in this Declaration to the
contrary, the Board shall act fairly and reasonably in discharging its duties under this Declaration.
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COMMON ELEMENTS; COMMON EXPENSES; ASSESSMENTS.
6.1 Common Elements. The Association shall be responsible for the operation,
management, maintenance, repair and replacement of the Common Elements and the making of
any additions or improvements to the Common Elements as may be reasonably necessary to keep
them clean, safe, functional, attractive and generally in good condition and repair. The
maintenance of the outdoor portions of the Common Elements shall include but not be limited to
the removal of weeds and debris and periodic cleaning, sweeping, and removal of ice and snow.
Without limiting the generality of the foregoing, the Association shall be responsible for
maintenance of the water and sewer connections servicing the Project, except for those water and
sewer connections which constitute a portion of a Unit.
6.2 Annual Budget. Before November 1st of each year the Board shall prepare an
Annual Budget for the next following calendar year. In preparing such Annual Budget, the Board
shall take into account any deficit or surplus anticipated to be realized during the then-current
calendar year. After the expiration of the Declarant Control Period, such Annual Budget shall be
subject to the approval of a majority of the votes present at a meeting of the Members at which
such Annual Budget is presented and voted on..
6.3 Assessments. Each Owner shall pay Assessments in accordance with the
following:
(a) Annual Assessments. Prior to the first day of January of each calendar year,
the Association shall notify each Owner of the amount of such Owner’s share of the
Common Expenses for that calendar year as set forth in the Annual Budget for such year
(the Owner’s “Annual Assessment”). Each Annual Assessment shall be paid in monthly
installments, each in an amount equal to one-twelfth of the Annual Assessment, which each
such installment due on the first day of each calendar month.
(b) Special Assessments. The Board of Directors may levy in any calendar year
one or more special assessments (each, a “Special Assessment”), applicable to that year
only, for the purpose of defraying, in whole or in part, the cost of any construction or
reconstruction, repair or replacement of a capital improvement within the Property or any
facilities located in the Property, including the necessary fixtures and personal property
related to it, or to make up any shortfall in the current Annual Budget. Notice of the amount
and due dates for any Special Assessment shall be sent to each Owner at least 30 days prior
to the due date. If any Special Assessment is to be used for the construction of new
facilities (as opposed to repair and reconstruction of existing facilities in the Property), and
if the total amount of the Special Assessment levied for such construction exceeds 10% of
the total Annual Budget for that year, then the Special Assessment shall require the
approval of a Majority of Owners.
(c) Late Payments and Assessments. The Board may establish and assess
reasonable charges for delinquent payments of any Assessment or any installment thereof.
A late fee equal to 5% of the delinquent amount and interest at the rate of 18% per annum
on the delinquent amount shall be deemed to be reasonable. All payments made by an
Owner under this Declaration shall be applied first to pay any costs of collection, next to
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outstanding Fines and late charges, next to interest, and finally to Assessments or other
amounts due from the Owner.
(d) Individual Assessments. All Fines, penalties, interest or other charges or
fees levied against an Owner pursuant to the Governing Documents, or any expense of the
Association which is the obligation of an Owner or which is incurred by the Association
on behalf of the Owner pursuant to the Governing Documents, and any expense (including
without limitation attorneys’ fees) incurred by the Association as a result of the failure of
an Owner to comply with the Governing Documents, shall constitute an “Individual
Assessment.”
(e) No Exemption. No Owner may exempt itself from liability for its
Assessment obligations by waiver of the use or enjoyment of any of the Common Elements
or abandonment of its Unit. No diminution or abatement of any Assessments under this
Declaration shall be claimed or allowed for any action or inaction of the Board or the
Association.
6.4 Collection of Assessments.
(a) Personal Obligation of Owner. Every Owner shall pay Assessments in the
amounts and at the times determined by the Board in accordance with this Declaration and
the Act. Each Assessment assessed against a Unit is a personal debt and obligation of the
Owner of the Unit at the time the Assessment is made. In any voluntary conveyance, the
grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid
Assessments against the Unit up to the time of the grant or conveyance, without prejudice
to the grantee’s rights to recover from the grantor the amounts paid by the grantee. Suit to
recover a money judgment for unpaid Assessments is maintainable without foreclosing or
waiving the lien securing it.
(b) Cessation of Services. If an Owner shall be in default for the period of one
month in the payment of Assessments, then the Association may, at its option, and for so
long as such default shall continue, cease to provide any or all services that would otherwise
be provided by the Association to such Owner’s Unit, to the extent such services pertain
to such Unit.
(c) Collection of Rent. If an Owner shall at any time lease or rent its Unit and
shall default for a period of one month in the payment of Assessments, then the Association
may, at its option, so long as such default shall continue, demand and receive from any
tenant of the Owner the rent due or becoming due, in compliance with applicable provisions
of the Act and the Governing Documents.
(d) Lien. Each Assessment shall constitute a lien on the applicable Owner’s
Condominium Unit, which lien may be foreclosed in the manner of the foreclosure of a
deed of trust or by any other method available under applicable law for the foreclosure of
liens. For the purpose of foreclosure by trustee’s sale, the Declarant appoints Anderson
Oliver Title Company, 94 Grand Avenue, Moab, Utah 84532, to have and exercise the
power of the trustee and the power to bid on a Unit at a foreclosure or other sale and to
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acquire, hold, lease, mortgage and convey such Unit. Pursuant to Utah Code §§ 57-1-20
and 57-8-45, the Declarant hereby conveys and warrants to such trustee, with power of
sale, the Condominium Units and all improvements to the Units for the purpose of securing
payment of Assessments under the terms of this Declaration. An Owner’s acceptance of
an interest in a Unit constitutes a simultaneous conveyance of the Unit in trust, with power
of sale, to the designated trustee. The Association may appoint another qualified trustee
by executing a substitution of trustee form. In any foreclosure of a lien for Assessments,
the Owner concerned shall pay the costs and expenses of such proceedings and reasonable
attorneys’ fees, which shall be secured by the same lien. The Association may bid on such
Unit at foreclosure or other sale and, if successful, hold, lease, mortgage or convey such
Unit.
6.5 Estoppel Statement. The Board shall, on the written request of any Owner or any
Mortgagee or prospective Mortgagee or prospective purchaser of a Condominium Unit, and on
payment of a reasonable fee in an amount to be determined by the Board subject to any limitations
imposed by the Act, issue to the requesting person or persons a written statement setting forth the
amount of any unpaid Assessments for such Condominium Unit. Such written statement shall be
conclusive on the remaining Owners and the Association in favor of all persons who rely on such
written statement in good faith.
6.6 Reserve Fund.
(a) Reserve Fund. The Board shall establish and maintain a reserve fund (the
“Reserve Fund”) to cover the cost of repairing, replacing, or restoring Common Elements
that have a useful life of three years or more and a remaining useful life of less than 30
years, if the cost cannot reasonably be funded from the general budget or other funds of
the Association, as determined by the Owners annually. Reserve funds may be collected
as part of Annual Assessments or Special Assessments. If there are surplus monies after
payment of all Common Expenses for any fiscal year, the Board may, in its discretion, (i)
retain surplus Association money and credit it against the Assessments for the following
fiscal year, or (ii) deposit such surplus in the Reserve Fund. The Association shall
segregate money held in the Reserve Fund from regular operating accounts.
(b) Reserve Analysis. The Association shall, every five years, conduct an
analysis (a “Reserve Analysis”) to determine the appropriate amount needed in the
Reserve Fund to satisfy the purposes for which the Reserve Fund is maintained. The Board
shall review and, if necessary, update a previously conducted Reserve Analysis no less
frequently than every two (2) years. The Reserve Analysis report shall be prepared by a
person or persons with (i) experience in current building technologies, (ii) a solid working
knowledge of building cost estimating and life cycle costing for facilities, and (iii) the tools
and knowledge to prepare a report.
(c) Disclosure and Approval at Annual Meeting. Annually, at the annual
meeting of the Owners or a special meeting of Owners, the Board shall present the most
recent Reserve Analysis and any updates to the Reserve Analysis, and provide an
opportunity for Owners to discuss the Reserve Fund and to vote on how to fund the Reserve
Fund and in what amount.
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EASEMENTS
7.1 Easements for Encroachments. If on or after the date of this Declaration: (a) any
part of the Common Elements encroaches on any part of a Unit; or (b) any part of a Unit encroaches
on a part of the Common Elements, then a non-exclusive easement for each such encroachment
and for the maintenance of the same shall exist immediately and automatically, and Declarant
reserves such easement for the benefit of each Unit and each Common Element. Such
encroachments shall not be considered to be encumbrances on any Unit or the Common Elements.
Such encroachments may include, without limitation, encroachments caused by error in the
original construction of a Building or any other improvements, error in the Plat, settling, rising or
shifting of the earth or changes in position caused by repair or reconstruction of the Project.
7.2 Easements for Maintenance. Some of the Common Elements may be located
within the Units or may be conveniently accessible only through the Units. Declarant grants the
Association and its agents and representatives a non-exclusive easement and the irrevocable right
to have access to each Unit and to all Common Elements at reasonable times and under reasonable
circumstances as may be necessary for: (a) the maintenance, repair, replacement and cleaning of
the Common Elements; or (b) making Emergency Repairs, provided that the Board shall make a
reasonable effort to provide notice to the occupant of the Unit prior to entry. Such entry shall be
made so as to minimize the inconvenience caused thereby, and the cost to repair any resulting
damage shall be a Common Expense.
7.3 Easements for Units.
(a) Declarant reserves for each Unit:
(i) a non-exclusive easement for, and the right of, ingress and egress
on, over and across the Common Elements as necessary for access to and from such
Unit;
(ii) a non-exclusive easement for, and the right to, horizontal, vertical
and lateral support from all surrounding Building elements;
(iii) a non-exclusive easement in common with all other Units for Utility
Equipment and other Common Elements from time to time and at any time located
in any other Units and serving the benefitted Unit.
(b) Declarant subjects each Unit to a non-exclusive easement in favor of all
other Units for the installation, maintenance, repair and replacement of Utility Equipment
and other Common Elements from time to time and at any time located in such Unit and
serving any other Unit.
7.4 Easement for Completion of Development. The Declarant shall have a
transferable easement over and on the Common Elements for the purpose of doing all things
necessary or appropriate to complete construction of the Project and to make improvements as
shown on the Plat. To the extent that damage is inflicted on any part of the Project by any person
utilizing this easement, the Declarant and the person causing the damage shall be liable to the
Association for the prompt repair of such damage.
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7.5 General Provisions. Each easement and right created by this Article is an
appurtenance to the real property benefitted thereby and is a burden on the real property burdened
thereby. All conveyances of a Condominium Unit shall be deemed to be made together with and
subject to the easements set forth in this Article. The easements created under this Article shall
terminate upon the termination of the Declaration. The use of any easement granted under this
Declaration shall not disturb unreasonably the quiet enjoyment of any other Unit by its Owner and
occupants.
USE RESTRICTIONS.
8.1 Use. Each Unit shall be used only for single-family residential purposes. No
Building or other structure of any kind shall be erected, altered, placed or permitted to remain on
any portion of the Project except with the prior written approval of the Board. The use of the Units
and the Common Elements shall comply with all applicable laws, ordinances and governmental
regulations and with the Governing Documents.
8.2 Nuisance. No Owner, Resident, or Guest shall create or maintain, or engage in any
activity which would constitute, a nuisance in, on or about the Project. A “nuisance” includes but
is not limited to the following:
(a) the development of any unclean, unhealthy, unsightly, or unkempt condition
on, in, or about a Unit or the Common Elements;
(b) the storage of any item or property that will cause any Unit or the Common
Elements to appear to be in an unclean or untidy condition or that will be noxious to the
senses or otherwise disturb the peace, quiet, safety, comfort, or serenity of the other
Residents;
(c) having any devices or items, instruments, equipment, machinery, fixtures,
or things the possession of which is illegal, noxious, dangerous, unsightly, unpleasant, or
of a nature as may diminish or destroy the enjoyment of the Project by other Residents or
Guests.
(d) unreasonable noise in, on or about any Unit or the Common Elements;
provided, that the threshold for what constitutes unreasonable noise shall be lower after
10:00 p.m. and before 7:00 a.m.
(e) any activity which creates or causes an unreasonable amount of traffic in,
on or about the Project; provided, that the threshold for what constitutes unreasonable
traffic shall be lower after 10:00 p.m. and before 7:00 a.m.
8.3 Unsightly Work, Hobbies or Unkempt Conditions. The pursuit of hobbies or
other activities, including but not limited to the assembly and disassembly of motor vehicles and
other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions
shall not be pursued or undertaken on any part of the Project.
8.4 Garbage, Refuse and Debris. Each Owner and Resident shall regularly remove
from the Unit owned or occupied by such Owner or Resident all rubbish, trash, refuse, waste, dust,
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debris, and garbage. All containers for the storage or disposal of such material shall be kept in a
clean and sanitary condition and shall be stored out of the view of the general public provided,
however, that such containers may appropriately be placed for collection not more than twenty-
four (24) hours prior to any scheduled collection date and shall be removed from the view of the
general public within a reasonable time (not to exceed 24 hours) after being emptied.
8.5 Subdivision of a Unit. No Unit shall be subdivided or partitioned.
8.6 Temporary Structures. No Owner or resident shall place upon any part of the
Project any temporary structures including but not limited to tents, trailers, or sheds, without the
prior written consent of the Board, with consent may be withheld in the Board’s sole discretion.
Anything to the contrary notwithstanding and until the expiration of the Declarant Control Period,
Declarant may install and use temporary structures in the construction and development of the
Project and the marketing of Units.
8.7 Landscaping. No Owner shall install any landscaping on any portion of the
Common Elements without the prior written consent of the Board of Directors, which consent may
be withheld in the Board’s sole discretion. The Declarant shall install landscaping in the Common
Elements, and such landscaping shall be maintained by the Association.
8.8 Exterior Alteration. No Owner shall make any alterations or modifications to the
exterior of any Buildings, fences, railings, or walls situated within the Project without the prior
written consent of the Board, which consent may be withheld in the Board’s sole discretion.
8.9 Business Use. No business or other commercial activity may be conducted in or
from any Unit unless: (a) the existence or operation of the business or commercial activity is not
apparent or detectable by sight, sound, or smell from outside the Unit; (b) the business or
commercial activity conforms to all zoning requirements for the Project and is properly licensed;
(c) the business or commercial activity does not involve customers or clients coming onto the
Project who do not reside in the Project or door-to-door solicitation of residents of the Project; and
(d) the business or commercial activity is consistent with the residential character of the Project
and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or
safety of other Residents, as may be determined in the sole discretion of the Board of Directors.
Notwithstanding the foregoing, the leasing of a Unit in compliance with applicable provisions of
the Governing Documents shall not be considered a business or commercial activity.
8.10 Parking and Vehicles. No vehicles, trailers, or other equipment shall be parked
or stored on the Common Elements within the Project, except in designated parking stalls. No
inoperative or unlicensed vehicle shall be parked or stored on any portion of the Project. No
recreational vehicles, including without limitation motor homes, tractors, golf carts, mobile homes
or trailers (either with or without wheels), campers, camper trailers, boats or other watercraft, and
boat trailers shall be parked or stored in the Project except enclosed within a garage. No motor
vehicle of any kind shall be repaired, constructed or reconstructed upon any Common Area in the
Project, except that these restrictions shall not apply to emergency repairs. The Board may
promulgate further Rules and Regulations regulating parking and provide for enforcement of
parking restrictions in the Project.
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8.11 Windows and Window Coverings. No aluminum foil, newspapers, reflective film
coatings, or any other similar materials may be used to cover any exterior window of any Unit.
Sun shades and tinted windows are allowed.
8.12 Animals.
(a) No animals, livestock, birds, insects, or poultry of any kind (each, an
“animal” and collectively, “animals”) shall be raised or bred on any portion of the Project.
(b) Not more than two domesticated dogs and/or cats or other small household
pets may be kept in any Unit. No animal of any kind shall be kept in any Unit for any
commercial purpose.
(c) The keeping of animals and their ingress and egress to the Common
Elements shall be subject to such Rules and Regulations as may be adopted by the Board.
All animals kept within the Project shall be licensed and inoculated as required by law. All
animals shall be on a leash at all times when outside a Unit. No animal shall be permitted
on any portion of the Common Elements except for orderly domestic animals on a leash
and accompanied by a person who can control the animal, and the owner of an animal shall
immediately remove droppings left upon the Common Elements or any other portion of
the Project by the animal.
(d) If the owner of any animal fails to comply with the requirements of this
Section or any Rules and Regulations applicable to pets, the Board of Directors may, after
notice and an opportunity for a hearing in accordance with Section 12.7, bar such animal
from use of or travel upon the Common Elements and may impose fines or costs in
accordance with Section 12.5. In addition, if an animal’s owner does not remove droppings
left by the animal on the Common Elements, or if an animal endangers the health or welfare
of any Owner or Resident or creates a nuisance (e.g., unreasonable barking, howling,
whining or scratching) or an unreasonable disturbance, all as may be determined in the sole
discretion of the Board, then the animal may be permanently removed from the Project
upon fourteen (14) days prior written notice to the Owner from the Association. An Owner
or Resident who receives such a notice may, within such fourteen (14) day period, request
a hearing in accordance with Section 12.7, in which event such Owner or Resident may
keep the animal in the Project until such hearing has been held and a determination made
by the Board, except that if an animal presents a foreseeable danger to persons in the
Project, the Board may require the animal to be removed before the hearing.
(e) Any Owner or Resident who keeps an animal within the Project shall be
deemed to have indemnified and agreed to hold harmless the Association, each other
Owner and Resident, and the Declarant from and against any loss, claim, or liability of any
kind or character arising out of or resulting from the keeping of such animal within the
Project.
(f) Nothing contained in this Section shall prohibit the keeping within the
Project of any assistance animal or any other animal if such prohibition would constitute a
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violation of the Fair Housing Act or any similar law. The Board may promulgate Rules
and Regulations regarding assistance animals consistent with applicable law.
8.13 Insurance. Nothing shall be done or kept in, on or about any Unit or the Common
Elements which may result in the cancellation of any insurance on the Project or an increase in the
rate of the insurance on the Common Elements over what the Board of Directors, but for such
activity, would pay.
8.14 Laws. Nothing shall be done or kept in, on or about any Unit or Common Elements,
or any part thereof, which would be a violation of any statute, rule, ordinance, regulation, permit
or other validly imposed requirement of any governmental body.
8.15 Damage or Waste. No Owner, Resident, or Guest shall cause damage or waste to
or on the Common Elements, and each Owner shall indemnify and hold the Association and the
other Owners harmless against all loss resulting from any such damage or waste caused by that
Owner or Resident or that Owner’s or Resident’s Guest.
8.16 Mail Boxes. Mail boxes shall be installed by Declarant. Any replacement mail
boxes must be approved in writing by the Board prior to installation.
INSURANCE
9.1 Insurance. The Association shall obtain insurance as required in this Declaration
and as required by the Act. In addition, the Association may, as the Board considers appropriate,
obtain additional types of insurance, or greater coverage, than the insurance and coverages required
below.
(a) Property Insurance. The Association shall obtain and maintain at all times
blanket property insurance or guaranteed replacement cost insurance on the physical
structures in the Property, including the Common Elements and the Units, insuring against
all risks of direct physical loss commonly insured against, including fire and extended
coverage perils, with total coverage not less than 100% of the full replacement cost of the
insured property at the time the insurance is purchased and at each renewal date, excluding
only items normally excluded from property insurance policies. Such property insurance
shall include coverage for any fixture, improvement, or betterment installed at any time to
a Unit or to a Limited Common Element, whether installed in the original construction or
in any remodel or later alteration, including a floor covering, cabinet, light fixture,
electrical fixture, heating or plumbing fixture, paint, wall covering, window, and any other
item permanently part of or affixed to a Unit or to a Limited Common Element. Each
Owner shall be an insured person under such property insurance policy.
(b) Liability Insurance. The Association shall obtain and maintain at all times
liability insurance covering all occurrences commonly insured against for death, bodily
injury, and property damage arising out of or in connection with the use, ownership, or
maintenance of the Common Elements, in an amount determined by the Board but not less
than Two Million Dollars ($2,000,000.00) for any single occurrence. Each Owner shall be
an insured person under such liability insurance policy, but only for liability arising from
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(i) the Owner's ownership interest in the Common Elements; (ii) maintenance, repair, or
replacement of Common Elements; and (iii) the Owner's membership in the Association.
(c) Flood Insurance. If any part of the Property is or comes to be situated in a
Special Flood Hazard Area as designated on a Flood Insurance Rate Map, a policy of flood
insurance shall be maintained covering the Project or, at a minimum, that portion of the
Property located within the Special Flood Hazard Area, in an amount deemed appropriate,
but not less than the lesser of: (i) the maximum limit of coverage available under the
National Flood Insurance Program for the Insurable Property within any portion of the
Property located within a designated flood hazard areas; or (ii) one hundred percent (100%)
of the insurable value of the Property.
(d) Directors and Officers Insurance; Theft and Embezzlement Insurance. The
Board may, but shall not be obligated to, obtain (i) Directors’ and Officers’ liability
insurance protecting the Board, the officers, and the Association against claims of wrongful
acts, mismanagement, failure to maintain adequate reserves, failure to maintain books and
records, failure to enforce the Governing Documents, and/or breach of contract, and (ii)
insurance covering the theft or embezzlement of funds from the Association.
9.2 Waiver of Subrogation against Owners and Association. All property and
liability policies shall contain a waiver of subrogation by the insurer as to any claims against the
Association and the Owners and their respective agents and employees.
9.3 Loss; Deductibles.
(a) If a loss occurs that is covered by a property insurance policy in the name
of the Association and another property insurance policy in the name of an Owner, then
the Association's policy provides primary insurance coverage, the Owner is responsible for
the Association’s policy deductible, and the Owner’s policy applies to that portion of the
loss attributable to the Association’s policy deductible.
(b) An Owner that has suffered damage to a Unit (“Unit Damage”) as part of
a loss, resulting from a single event or occurrence, that is covered by the Association's
property insurance policy (a “Covered Loss”) is responsible for an amount calculated by
applying the percentage of total damage resulting in a Covered Loss that is attributable to
the Unit Damage (“Unit Damage Percentage”) for that Unit to the amount of the
deductible under the Association's property insurance policy.
(c) If an Owner does not pay the amount required under Subsection (b) above
within 30 days after substantial completion of the repairs to, as applicable, the Unit or the
Limited Common Element appurtenant to the Unit, the Association may levy an Individual
Assessment against the Owner for that amount.
(d) The Association shall keep in a segregated bank account an amount equal
to the Association’s property insurance policy deductible or $10,000, whichever is less.
This requirement shall not apply to any earthquake or flood insurance deductible.
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(e) If, in the exercise of its business judgment, the Board determines that a
claim is likely not to exceed the Association’s property insurance policy deductible: (a) the
Owner's policy is considered the policy for primary coverage to the amount of the
Association's policy deductible; (b) an Owner who does not have a policy to cover the
Association's property insurance policy deductible is responsible for the loss to the amount
of the Association's policy deductible; and (c) the Association need not tender the claim to
the Association's insurer.
(f) The Association shall provide notice to each Owner of the Owner's
obligation under this Section for the Association's policy deductible and of any change in
the amount of the deductible. If the Association fails to provide notice of the initial
deductible, it shall be responsible for the entire deductible in case of any loss. If the
Association fails to provide notice of any increase in the deductible, it shall be responsible
for paying any increased amount that would otherwise have been assessed to the Owner.
The failure to provide notice shall not invalidate or affect any other provision in this
Declaration.
9.4 Insurance Trustee. In the discretion of the Board or upon written request executed
by Owners holding at least 50% of the Undivided Interests, the Board shall hire and appoint an
insurance trustee with whom the Association shall enter into an insurance trust agreement (an
“Insurance Trustee”), for the purpose of exercising such rights under this paragraph as the
Owners or Board (as the case may be) shall require.
9.5 Association’s Right to Negotiate Claims and Losses and Receive Proceeds.
Insurance proceeds for a loss under the Association's property insurance policy are payable to an
Insurance Trustee, if one is designated, or to the Association, and shall not be payable to a holder
of a security interest. An Insurance Trustee, if any is appointed, or the Association shall hold any
insurance proceeds in trust for the Association, Owners, and lien holders. Insurance proceeds shall
be disbursed first for the repair or restoration of the damaged property, if the property is to be
repaired and restored as provided for in this Declaration. After any repair or restoration is complete
and if the damaged property has been completely repaired or restored, any remaining proceeds
shall be paid to the Association. If the property is not to be repaired or restored, then any remaining
proceeds after such action as is necessary related to the property has been paid for, shall be
distributed to the Owners and lien holders, as their interests remain with regard to the Units. Each
Owner hereby appoints the Association, or any Insurance Trustee, as attorney-in-fact for the
purpose of negotiating all losses related thereto, including the collection, receipt of, and
appropriate disposition of all insurance proceeds; the execution of releases of liability; and the
execution of all documents and the performance of all other acts necessary to administer such
insurance and any claim. This power-of-attorney is coupled with an interest, shall be irrevocable,
and shall be binding on any heirs, personal representatives, successors, or assigns of an Owner.
9.6 Amendments to this Section to Comply with Applicable Law. These insurance
provisions are intended to comply with current Utah law. It is further intended that any future
changes to the insurance law applicable to condominium associations shall apply to this
Association. Notwithstanding anything contrary in this Declaration, the Board may unilaterally,
without approval of the Owners, amend this Article to comply with future changes to applicable
law.
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DESTRUCTION; CONDEMNATION; RESTORATION
10.1 Definitions. As used herein, each of the following terms shall have the meaning
indicated:
“Available Funds” means any proceeds of insurance, Condemnation awards, payments in
lieu of Condemnation and other uncommitted funds held by the Board, including amounts
contained in any reserve or contingency fund. Available Funds shall not include that
portion of insurance proceeds legally required to be paid to any party other than the Board,
including a Mortgagee, or that portion of any Condemnation award or payment in lieu of
Condemnation payable to an Owner or its Mortgagee for the Condemnation of the
Condominium Unit in which it is interested.
“Condemnation” means any action or proceeding in which any interest in the Property is
taken for any public or quasi-public purpose by any lawful authority through exercise of
the power of eminent domain or by purchase or other means in lieu of such exercise.
“Estimated Cost of Restoration” means the estimated cost of Restoration as determined
by the Board in its sole discretion.
“Restoration” means restoration of the Property to the extent reasonably possible in
accordance with this Declaration, the Plat and the original plans and specifications for the
Property and to substantially the same condition in which the Property existed prior to the
damage or destruction concerned, with each Unit and the Common Elements having the
same vertical and horizontal boundaries as before, and to the extent not so possible,
“Restoration” means restoration of the Property to an attractive, sound and desirable
condition. Any Restoration not in accordance with this Declaration, the Plat and the
original plans and specifications for the Project shall require the consent of Eligible
Mortgagees holding Mortgages on Units which have appurtenant at least 51% of the
Undivided Interests which are then subject to Mortgages held by Eligible Mortgagees.
“Restored Value” means the value of the Property after Restoration.
“Substantial Condemnation” means the occurrence of: (a) the Condemnation of all of
the Property; or (b) the Condemnation of part of the Property where the Estimated Costs
of Restoration is 75% or more of the estimated Restored Value of the Property. “Partial
Condemnation” means the occurrence of any Condemnation which is not a Substantial
Condemnation.
“Substantial Destruction” means the occurrence of any damage or destruction of the
Property where the Estimated Cost of Restoration is 75% or more of the estimated Restored
Value of the Property. “Partial Destruction” means the occurrence of any damage or
destruction to the Property which is not a Substantial Destruction.
10.2 Board Determinations. On the occurrence of any Condemnation of, or damage or
destruction to, the Property, the Board shall make a determination as to whether the Estimated
Cost of Restoration is 75% or more of the estimated Restored Value of the Property. In making
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such determinations the Board may (but is not obligated to) retain and rely on one or more qualified
appraisers or other professionals.
10.3 Restoration. Restoration of the Property shall be undertaken by the Board
promptly without a vote of the Owners on the occurrence of Partial Condemnation or Partial
Destruction, and shall also be undertaken on the occurrence of Substantial Condemnation or
Substantial Destruction unless the election to not undertake Restoration is consented to by a Two-
Thirds Majority of the Owners and is further consented to by Eligible Mortgagees holding
Mortgages on Units which have appurtenant at least 51% of the Undivided Interests which are then
subject to Mortgages held by Eligible Mortgagees. Within 30 days after the Board has determined
that Substantial Condemnation or Substantial Destruction has occurred, it shall send to each Owner
and Eligible Mortgagee a written description of the Condemnation or the damage or destruction
involved, shall take appropriate steps to ascertain the preferences of the Eligible Mortgagees
concerning Restoration and shall, with or without a meeting of the Owners (but in any event in
accordance with the applicable provisions of this Declaration), take appropriate steps to determine
the preferences of the Owners regarding Restoration. If Condemnation awards, payments in lieu
of Condemnation or insurance proceeds actually received by the Board exceed the cost of
Restoration when Restoration is undertaken, then the excess shall be paid and distributed to the
Owners in proportion to their respective Undivided Interests or, in the discretion of the Board,
shall be held to defray future Common Expenses. Payment to any Owner whose Unit is then the
subject of a Mortgage shall be made jointly to such Owner and the interested Mortgagee. If the
cost of Restoration exceeds Available Funds, then all of the Units shall be assessed for the
deficiency on the basis of their respective Undivided Interests. If all or any portion of one or more
Units is damaged or destroyed but is not the subject of Restoration (even through the Property will
continue as a condominium project) or is taken in a Condemnation, then the Undivided Interest of
such Unit or Units shall immediately be reallocated to the remaining Units in accordance with the
method set forth in Section 10.6 below.
10.4 Sale of Property. Unless Restoration is accomplished pursuant to Section 10.3,
the Property shall be sold following the occurrence of Substantial Condemnation or Substantial
Destruction. On such sale, condominium ownership under this Declaration and the Plat shall
terminate and the proceeds of sale and any Available Funds shall be distributed by the Board to
the Owners in proportion to their respective Undivided Interests. Payment to any Owner whose
Unit is then the subject of a Mortgage shall be made jointly to such Owner and the interested
Mortgagee.
10.5 Authority to Represent Owners. The Board, as attorney-in-fact for each Owner,
shall represent all of the Owners in any Condemnation or in negotiations, settlements and
agreements with the condemning authority for the acquisition of all or any part of the Property.
The award in any Condemnation and the proceeds of any settlement related thereto shall be payable
to the Association for the use and benefit of the Owners and their Mortgagees as their respective
interests may appear. The Board, as attorney-in-fact for each Owner, shall have and is granted full
power and authority to restore or to sell the Property and each Unit therein wherever Restoration
or sale, as the case may be, is undertaken as provided above. Such authority shall include the right
and power to enter into any contracts, deeds or other instruments which may be necessary or
appropriate for Restoration or sale.
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10.6 Reallocation of Interests on Condemnation. If any Unit is taken by
Condemnation, then the Undivided Interest appurtenant to such Unit shall thereafter be
appurtenant to the remaining Units, being allocated to the remaining Units in proportion to their
respective Undivided Interests. The court shall enter a decree reflecting the reallocation of the
Undivided Interests so produced, and the award shall include, without limitation, just
compensation to the Owner of any Unit taken for its Undivided Interest as well as for its Unit. If
any portion of any Unit is taken by Condemnation, then the court shall determine the fair market
value of the portion of the Unit not taken, and the Undivided Interest appurtenant to such Unit
shall be reduced in proportion to the diminution in the fair market value of such Unit resulting
from such Condemnation. The Undivided Interest thus divested from the Owner of such Unit shall
be reallocated among such Unit and the other Units in proportion to their respective Undivided
Interests, with any Unit partially taken in Condemnation participating in the reallocation on the
basis of its Undivided Interest as reduced in accordance with the preceding sentence. The court
shall enter a decree reflecting the reallocation of the Undivided Interest so produced, and the award
shall include, without limitation, just compensation to the Owner of any Unit partially taken for
that portion of its Undivided Interest divested from it and not revested in it as well as for that
portion of its Unit taken by Condemnation. If, however, the Condemnation of a portion of any
Unit makes it impractical to use the remaining portion of such Unit for any lawful purpose
permitted by this Declaration, then the entire Undivided Interest appurtenant to such Unit shall
thereafter be appurtenant to the remaining Units, being allocated to the remaining Units in
proportion to their respective Undivided Interests, and the remaining portion of such Unit shall
thereafter be part of the Common Elements. The court shall enter a decree reflecting the
reallocation of Undivided Interests so produced, and the award shall include, without limitation,
just compensation to the Owner of such Unit for its entire Undivided Interest and for its entire
Unit.
10.7 Allocation of Proceeds upon Partial Condemnation. If a portion of the Common
Elements is taken by Partial Condemnation, then the award for it shall be allocated to the Owners
in proportion to their respective
MORTGAGEE PROTECTION.
11.1 Eligible Mortgagee. Upon written request to the Association by a Mortgagee
(which request identifies the name and address of such holder and the Unit number or address of
the property encumbered by the Mortgage held by such Mortgagee), such Mortgagee shall be
deemed thereafter to be an “Eligible Mortgagee” included on the appropriate lists maintained by
the Association, and shall be entitled to timely written notice of any of the following:
(a) Condemnation Loss or Award. Any condemnation loss or any casualty loss
which affects a material portion of the Project or any Unit on which there is a Mortgage
held by such Eligible Mortgagee.
(b) Delinquency. Any delinquency in the payment of Assessments owed by an
Owner of a Unit subject to a Mortgage held by such Eligible Mortgagee, which delinquency
remains uncured for a period of sixty (60) days.
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(c) Lapse of Insurance. Any lapse, cancellation, or material modification of
any insurance policy or fidelity bond maintained by the Association.
(d) Consent Required. Any proposed action which would require the consent
of a specified percentage of Eligible Mortgagees.
11.2 Matters Requiring Prior Eligible Mortgagee Approval.
(a) The prior written consent of not less than fifty-one percent (51%) of Eligible
Mortgagees shall be required to:
(i) amend any material provision of this Declaration which changes the
allocation of responsibility for maintenance and repairs, changes the amounts and
other requirements of insurance or fidelity bonds required hereunder or reallocates
the responsibility for obtaining such insurance, places additional restrictions on the
rights to use the Common Elements, or expressly benefits Mortgagees;
(ii) amend this Declaration to add any provision which would impose
any right of first refusal or similar restriction on the right of an Owner to sell,
transfer, or otherwise convey a Unit; or
(iii) terminate this Declaration.
(b) Any addition or amendment shall not be considered material if it is for
clarification only or to correct a clerical error. Notice of any proposed amendment to any
Eligible Mortgagee shall be mailed, postage prepaid, to the address for such Mortgagee
shown on the list maintained by the Association. Any Eligible Mortgagee who does not
deliver to the Association a negative response to the notice of the proposed amendment
within thirty (30) days from the date of such mailing shall be deemed to have approved the
proposal.
11.3 Availability of Governing Documents and Financial Statements. The
Association shall maintain and have current copies of the Governing Documents as well as its own
books, records, and financial statements available for inspection, upon reasonable notice and at
reasonable hours, by any Eligible Mortgagee.
11.4 Priority of Declaration; Subordination of Lien. Any Mortgage or other
encumbrance of any Unit shall be subordinate to all of the provisions of this Declaration, and in
the event of foreclosure the provisions of this Declaration shall be binding upon any owner whose
title is derived through foreclosure by private power of sale, judicial foreclosure or otherwise.
Notwithstanding the foregoing, the lien or claim against a Unit for unpaid Assessments or charges
levied by the Association pursuant to this Declaration shall be subordinate to a first or second
Mortgage affecting such Unit if the first or second Mortgage was recorded before the unpaid
Assessment was due, and the Mortgagee thereunder which obtains title to the Unit shall take title
free of such lien or claim for unpaid Assessment or charges which accrue prior to foreclosure of
the first or second Mortgage by judicial proceedings or power of sale, or taking of a deed in lieu
of foreclosure.
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ENFORCEMENT; DISPUTE RESOLUTION.
12.1 Agreement to Encourage Resolution of Disputes without Litigation.
(a) Declarant, the Association, and all Owners and Residents (each, a “Bound
Party”) agree that it is in the best interest of all concerned to encourage the amicable
resolution of disputes involving the Project without the emotional and financial costs of
litigation. Accordingly, each Bound Party agrees not to file suit in any court with respect
to a Claim (as defined below), unless and until it has first submitted such Claim to the
alternative dispute resolution procedures set forth in this Section in a good faith effort to
resolve such Claim.
(b) As used in this Section, “Claim” means any claim, grievance, or dispute
arising out of or relating to:
(i) the interpretation, application, or enforcement of the Governing
Documents;
(ii) the rights, obligation, and duties of any Bound Party under the
Governing Documents;
except that the following shall not be considered “Claims” unless all parties to the matter
otherwise agree to submit the matter to the procedures set forth in Section 12.2 below:
(1) any suit by the Association to collect Assessments or other amounts
due from any Owner;
(2) any suit by the Association against one or more Owners to obtain
injunctive relief;
(3) any suit between Owners, which does not include Declarant or the
Association as a party, if such suit asserts a Claim which would constitute a cause
of action independent of the Governing Documents;
(4) any suit in which any indispensable party is not a Bound Party; and
(5) any suit as to which any applicable statute of limitations would
expire within 180 days after the giving of Notice required by Section 12.2 below.
12.2 Dispute Resolution Procedures.
(a) Notice. The Bound Party asserting a Claim (the “Claimant”) against
another Bound Party (the “Respondent”) shall give written notice to each Respondent and
to the Board stating plainly and concisely:
(i) the nature of the Claim, including the persons involved and the
Respondent’s role in the Claim;
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(ii) the legal basis of the Claim (i.e., the specific authority out of which
the Claim arises;
(iii) the Claimant’s proposed resolution or remedy; and
(iv) the Claimant’s desire to meet with the Respondent to discuss in good
faith ways to resolve the Claim.
(b) Negotiation. The Claimant and the Respondent shall make good faith
efforts to meet in person and confer for the purpose of resolving the Claim by good faith
negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may
appoint a representative to assist the parties in negotiating a resolution of the Claim.
(c) Mediation. If the parties have not resolved the Claim through negotiation
within thirty (30) days after the date of the Notice (or within such other period as the parties
may agree), the Claimant shall have thirty (30) additional days to submit the Claim to
mediation with an entity designated by the Association (if the Association is not a party to
the Claim) or to an independent agency providing dispute resolution services in the Salt
Lake County area. If the Claimant does not submit the Claim to mediation within such
time, or does not appear for the mediation when scheduled, the Claimant shall be deemed
to have waived the Claim, and the Respondent shall be relieved of any and all liability to
the Claimant (but not to third parties) on account of such Claim. If the parties do not settle
the Claim within thirty (30) days after submission of the Claim to mediation, or within such
time as determined reasonable by the mediator, the mediator shall issue a notice of
termination of the mediation proceedings indicating that the parties are at an impasse and
the date the mediation was terminated. The Claimant shall thereafter be entitled to file suit
or to initiate administrative proceedings on the Claim, as appropriate. Each party shall bear
its own costs of the mediation, including attorneys’ fees, and each party shall share equally
all fees charged by the mediator.
(d) Settlement. Any settlement of a Claim through negotiation or mediation
shall be documented in writing and signed by the parties. If any party thereafter fails to
abide by the terms of such agreement, then any other party may file suit or initiate
administrative proceedings to enforce such agreement without the need to again comply
with the procedures set forth in this Section. In such event, the party taking action to
enforce the agreement or award shall, upon prevailing, be entitled to recover from the non-
complying party (or if more than one non-complying party, from all such parties in equal
proportion) all costs incurred in enforcing such agreement or award, including, without
limitation, attorneys’ fees and court costs.
(e) Initiation of Litigation by the Association. In addition to compliance with
the foregoing alternative dispute resolution procedures, if applicable, the Association shall
not initiate any judicial or administrative proceedings unless first approved by a vote of not
less than sixty percent (60%) of the Eligible Votes cast at an annual or special meeting of
the Association; except that no such approval shall be required for actions or proceedings:
(i) initiated during the Declarant Control Period;
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(ii) initiated to enforce the provisions of this Declaration, including
collection of Assessments and foreclosure of liens;
(iii) initiated to challenge property tax or condemnation proceedings;
(iv) initiated against any contractor, vendor, or supplier of goods or
services arising out of a contract for services or supplies; or
(v) to defend claims filed against the Association or to assert
counterclaims in proceedings instituted against it.
12.3 Enforcement and Right to Recover Attorney’s Fees and Costs. Subject to the
provisions of Section 12.2 above, the Association, or any Owner may take action, at law or in
equity, to enforce the terms, covenants or conditions of the Governing Documents. Should the
Association or any Owner take action to enforce the Governing Documents, or to pursue any
remedy provided hereunder or by applicable law, whether such remedy is pursued by filing suit or
otherwise, the prevailing party in such action may recover all costs incurred in such action,
including reasonable attorney’s fees. Failure by the Association or any Owner to enforce any
provision of this Declaration or the other Governing Documents shall in no event be deemed a
waiver of the right to do so thereafter. The provisions of this Section shall be in addition to and
not in limitation of any rights or remedies provided in any other Section of this Declaration.
12.4 Self Help Rights of Association.
(a) If an Owner fails properly to perform such Owner’s maintenance
responsibilities or otherwise fails to comply with any provision of this Declaration, the
Association may perform the required maintenance or perform the obligation or otherwise
take steps to abate the violation and assess its costs against the Unit and the Owner as an
Individual Assessment. Except in an emergency situation, the Association shall provide
the Owner reasonable notice and an opportunity to cure the problem prior to taking such
enforcement action.
(b) If an emergency exists in which failure to act could endanger life or
property, the Association may without prior notice to an Owner enter onto or into a Unit
and take such action as may be necessary to abate the emergency. If the emergency was
caused by or attributable to the negligence or misconduct of the Owner, the costs incurred
by the Association in correcting the emergency shall be assessed to the Owner as an
Individual Assessment.
(c) The Association may cause to be towed any vehicle which is in violation of
parking or other restrictions contained in the Governing Documents, and the owner of the
vehicle will be responsible for the towing costs and the costs of any storage of the vehicle
after towing.
12.5 Fines.
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(a) The Board may assess fines against an Owner, in accordance with this
Section 12.5, for a violation of the Governing Documents by the Owner or its tenants or
Guests.
(b) If an Owner, Resident, or Guest commits a material violation of the
Governing Documents other than a failure to pay an Assessment, then, prior to disciplinary
action resulting from such violation, the Board shall provide to the Owner of the applicable
Unit written notice (a “Violation Notice”) (i) describing the violation and identifying the
provision of the Governing Documents violated; (ii) stating that the Board will assess a
fine or fines against the Owner if a continuing violation is not cured or if the Owner or its
tenants or Guests commit violations of the same provision within one year after the date of
the Violation Notice; and (iii) if the violation is a continuing violation, stating a time by
which the Owner shall cure the violation, which time shall be not less than 48 hours after
the date on which the Violation Notice is given to the Owner.
(c) The Board may assess a fine against an Owner if (i) within one year after
the day on which the Board gives an Owner a Violation Notice, the Owner commits another
violation of the same rule or provision identified in the Violation Notice, or for a continuing
violation, the Owner does not cure the violation within the time period that is stated in the
Violation Notice.
(d) After the Board assesses a fine against an Owner under this Section 12.5,
the Board may, without further warning and with no right to another hearing, assess an
additional fine against the Owner each time the Owner or its tenants or Guests commit a
violation of the same rule or provision within one year after the day on which the Board
assesses a fine for a violation of the same rule or provision; or allows a violation to continue
for ten days or longer after the day on which the Board assesses the fine.
(e) A fine assessed under this Section 12.5 shall be in the amount provided for
in the Rules and Regulations, not to exceed the amount allowed by any applicable law, and
shall constitute an Individual Assessment against the Owner.
12.6 Suspension of Use Rights. The Board may suspend the voting rights of an Owner
who is in violation of any provision of the Governing Documents, and/or suspend the rights of an
Owner who is in violation of any provision of the Governing Documents for that Owner and its
tenants or Guests to use any recreational portions of the Common Elements; provided, however,
that the right of an Owner or its tenants or Guests to access such Owner’s Unit shall not be
suspended or denied.
12.7 Notice and Hearing.
(a) An Owner who is assessed a fine may request an informal hearing before
the Board to dispute the disciplinary action within thirty days after the day on which the
Owner receives notice of the disciplinary action. If a hearing is requested within the time
period provided for herein, then a hearing shall be scheduled by the Board and conducted
in compliance with procedures included in the Rules and Regulations and with any
applicable law.
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(b) The determination of the Board of Directors after a hearing held in
accordance with this Section 12.7 shall be final, subject to any rights of appeal provided
under applicable law.
(c) Nothing herein shall be construed to prevent the Board of Directors from
exercising the self-help rights of the Association under Section 12.4 above, and no hearing
shall be required in connection with the exercise of such rights.
12.8 Declarant’s Rights .
(a) All of the rights of Declarant under this Declaration may be assigned or
transferred either by operation of law or through a voluntary conveyance, transfer or
assignment. All references in this Declaration to Declarant shall include any successor to
Declarant, either by operation of law or through specific assignments of rights under the
Declaration.
(b) Anything in this Declaration to the contrary notwithstanding, during the
Declarant Control Period:
(i) Declarant reserves the unilateral right to amend all or any part of
this Declaration to such extent and with such language as may be requested by any
federally chartered lending institution as a condition precedent to lending funds
upon the security of any Condominium Unit or any portions thereof. Recordation
of such an amendment shall be deemed conclusive proof of the institution's request
for such an amendment, and such amendment, when recorded, shall be binding
upon all of the Property and all persons having an interest therein.
(ii) This Declaration may be amended or terminated only with the
written approval of the Declarant. The Declarant may unilaterally amend or
terminate this Declaration prior to the closing of a sale by Declarant of any Unit.
12.9 Initial Development and Construction.
(a) As used in this Section, the following terms shall have the meanings given
them below:
“Contractor” shall mean any contractor licensed in the State of Utah that furnished
labor, materials, or equipment for the Initial Construction pursuant to a contract
with the Declarant.
“Design Professional” shall mean any architect, engineer, or surveyor licensed in
the State of Utah that performed professional services for the Initial Construction
pursuant to a contract with the Declarant.
“Initial Construction” shall mean the design and construction of the
Improvements, including all services, labor, materials, and equipment furnished for
the improvement thereof, that achieved Substantial Completion within six (6) years
of date of the recording of this Declaration.
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“Substantial Completion” shall mean the stage in the progress of the Initial
Construction when the Initial Construction or designated portion thereof is
sufficiently complete so that it can be put to its intended use.
(b) In all claims and causes of action by the Association, whether in contract,
tort, or otherwise arising out of or related to the Initial Construction, against Declarant, a
Design Professional, a Contractor, any consultants of a Design Professional, or any
subcontractors of a Contractor, the Association shall attach as an exhibit to its first
Complaint filed with a court of competent jurisdiction an affidavit of a third-party licensed
in the State of Utah in the same profession, area of practice, or construction trade as each
defendant and who is competent to testify. Each affidavit shall set forth specifically a
professional opinion as to each act, error, or omission alleged in the Complaint against the
respective defendant that caused the Association’s alleged damages and the factual basis
for each such opinion. The Association’s failure to file the affidavit in accordance with
this Section 12.9 shall result in dismissal with prejudice of any claim described in this
Section 12.9 against the particular defendant for which such affidavit is required and an
award of reasonable attorney fees and expenses incurred by the particular defendant, its
insurer, or any other person or entity on behalf of that defendant in defending against the
allegations of the Complaint.
(c) The Association shall commence all claims and causes of action, whether
in contract, tort, or otherwise arising out of or related to the Initial Construction, against
Declarant, a Design Professional, a Contractor, any design consultants of a Design
Professional, or any subcontractors of a Contractor not more than four (4) years after the
respective date of Substantial Completion of each portion of the Initial Construction for
which the claim or cause of action is made. The Association waives all claims and causes
of action not commenced in accordance with this section.
(d) During the four (4) years following the date of Substantial Completion of
the Initial Construction, the Association shall schedule an annual walkthrough of all
Common Elements with the Association’s maintenance personnel and a representative of
Declarant for the purpose of identifying items potentially in need of repair or maintenance
within the next year. The Association shall give at least thirty (30) days prior written notice
of the date and time of the walkthrough to Declarant, which time and date shall be during
normal business hours. The Association shall conduct each walkthrough and keep a record
of the items identified regardless of any lack of participation by Declarant.
(e) As an express condition precedent to the Association bringing any claim or
cause of action, whether in contract, tort, or otherwise arising out of or related to the Initial
Construction, against Declarant, a Design Professional, Contractor, any consultants of a
Design Professional, or any subcontractors of a Contractor, the Association shall give
written notice by United States Postal Service certified mail, return receipt requested, of an
alleged defect in the Initial Construction to Declarant, all Design Professionals, and all
Contractors within thirty (30) days of first discovering the alleged defect, and Declarant
and each Design Professional and Contractor shall then have ninety (90) days from the
mailing date of the last written notice to any of them to cure such alleged defect. The
Association’s failure to provide notice shall result in dismissal with prejudice of any claim
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and an award of reasonable attorney fees and expenses incurred by any defendant, its
insurer, or any other person or entity on behalf of that defendant in defending against the
alleged defect.
(f) To the extent damages are covered by insurance, the Association waives all
rights against Declarant, any Design Professional, Contractor, any consultants of a Design
Professional, and any subcontractors of a Contractor for damages, except such rights as the
Association may have to the proceeds of such insurance.
(g) The Association waives any claim or cause of action for consequential
damages arising out of or relating to the Initial Construction, against Declarant, any Design
Professional, Contractor, any consultants of a Design Professional, and any subcontractors
of a Contractor.
(h) A vote in favor of at least 75% of the voting members of the Association is
an express condition precedent to the Association bringing any claim or cause of action,
whether in contract, tort, or otherwise arising out of or related to the Initial Construction,
against Declarant, any Design Professional, Contractor, any consultants of a Design
Professional, or any subcontractors of a Contractor.
MISCELLANEOUS.
13.1 Amendment. This Declaration and/or the Plat may be amended only by a vote of
at least sixty-seven percent (67%) of the Total Votes and, if required pursuant to this Declaration,
the consent of the required percentage of Eligible Mortgagees. Any amendments so authorized
shall be accomplished through the recordation of an instrument executed by the Board of Directors.
In such instrument the Board of Directors shall certify that the required vote for amendment has
occurred, and, if approval of a specified percentage of Eligible Mortgagees is required for such
amendment, that such approval has been obtained.
13.2 Removal of Property from Act. The Owners may remove the Property from the
provisions of the Act by an affirmative vote of Owners holding seventy-five percent (75%) of the
Total Votes, at a meeting of Owners duly called for such purpose, provided that all liens affecting
the Condominium Units will be transferred to the undivided interest of each Owner in the Property.
On removal of the Property from the provisions of the Act, the Property shall be deemed to be
owned by the Owners as tenants in common. The undivided interest in the Property owned in
common by each Owner shall be equal to the Undivided Interest previously owned by such Owner.
Any removal so authorized shall be accomplished through the recordation of an instrument in the
County Records executed (solely) by the Board. In such instrument the Board shall certify that
the vote required by this Section for removal has occurred. The removal provided for in this
Section shall not bar the subsequent resubmission of the Property to the provisions of the Act.
13.3 Sale of Property. The Owners may, by an affirmative vote of a Super Majority of
the Owners, at a meeting of Owners duly called for such purpose, elect to sell or otherwise dispose
of the Property. Such action shall be binding upon all Owners, and it shall thereupon become the
duty of every Owner to execute and deliver such instruments and to perform all acts as in manner
and form may be necessary to effect the sale. Notwithstanding the foregoing, sale of the Property
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in the event of damage, destruction, or condemnation shall be governed by the provisions of
Section 10.4 above.
13.4 Declarant’s Right to Amend. Notwithstanding anything to the contrary herein,
the Declarant reserves the right to amend this Declaration without the consent of any other Owners
during the Declarant Control Period or any Eligible Mortgagee (i) if such amendment is necessary
to bring this Declaration into compliance with any rule, regulation or requirement of the Federal
Housing Administration, the Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation or any similar federal agency, or any local government having jurisdiction
over the Project, or (ii) to make corrective changes.
13.5 Limitation on Improvements by Association. During the Declarant Control
Period, neither the Association nor any Owner shall, without the written consent of Declarant,
make any improvement to or alteration in any of the Common Elements created or constructed by
Declarant, other than such repairs, replacements, or similar matters as may be necessary to properly
maintain the Common Area as originally created or constructed by Declarant.
13.6 Declarant’s Rights Assignable. All of the rights of Declarant under this
Declaration may be assigned or transferred either by operation of law or through a voluntary
conveyance, transfer or assignment. Any Mortgage covering all Units in the Project then owned
by Declarant shall, at any given point in time and whether or not such Mortgage does so by its
terms, automatically cover, encumber, and include all of the then unexercised or then unused
rights, powers, authority, privileges, protection and controls which are accorded to Declarant (in
its capacity as Declarant) herein.
13.7 Transfer of Management. Anything to the contrary notwithstanding, Declarant
may at any time elect to relinquish its reserved right to select the Board of Directors and transfer
management of the Project to the Association. If and when Declarant elects to do so, Declarant
shall send written notification to each Owner of the effective date of the transfer (the “Transition
Date”) at least forty-five (45) days prior thereto. Thereupon, the Owners shall call a meeting to
elect the members of their own Board of Directors to take office as of the Transistion Date.
Declarant covenants to cooperate with the Owners in effecting an orderly transition of
management.
13.8 Certain Provisions Applicable to Declarant. Notwithstanding any other
provision herein contained, the following provisions shall be deemed to be in full force and effect,
none of which shall be construed so as to relieve the Declarant from any obligation of an Owner
to pay Assessments, except as herein otherwise provided, as to each Unit owned by Declarant in
accordance with the Declaration.
(a) Declarant specifically disclaims any intent to have made any warranty or
representation in connection with the Project or the Declaration except as specifically set
forth herein or in any agreement for sale of a Unit, and no person shall rely upon any
warranty or representation not so specifically made therein.
(b) No amendment may be made to the Declaration without the written consent
of Declarant during the Declarant Control Period.
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13.9 Interpretation. The captions which precede the Articles and Sections of the
Governing Documents are for convenience only and shall in no way affect the manner in which
any provision hereof is construed. Whenever the context so requires, the singular shall include the
plural, the plural shall include the singular, the whole shall include any part thereof, and any gender
shall include both other genders. The unenforceability or invalidity of any portion of the
Governing Documents shall not affect the validity or enforceability of the remainder hereof.
13.10 Covenants to Run with Land. Unless terminated as provided herein, this
Declaration and all the provisions hereof shall constitute covenants to run with the land or equitable
servitudes, as the case may be, and shall be binding upon and shall inure to the benefit of the
Association, all other signatories hereto, all parties who hereafter acquire any interest in a Unit,
and their respective grantees, transferees, heirs, devisees, personal representatives, successors, and
assigns. All Owners, Residents, and Guests shall comply with, and all interests in all Units shall
be subject to, the terms of the Governing Documents and the provisions of any rules, regulations,
agreements, instruments, supplements, amendments, and determinations contemplated by this
Declaration. By acquiring any interest in a Unit, the party acquiring such interest consents to, and
agrees to be bound by, every provision of the Governing Documents.
13.11 Security. The Association may, but shall not be obligated to, maintain or support
any systems, programs or activities within the Project designed to make the Project safer than it
otherwise might be. Neither the Association nor the Board of Directors shall in any way be
considered insurers or guarantors of security within the Project, nor shall they be held liable for
any loss or damage by reason of failure to provide adequate security or ineffectiveness of security
measures undertaken. All Owners, Residents, and Guests, where applicable, acknowledge by
taking occupancy of a Unit or entering the Project that neither the Association nor the Board of
Directors represents or warrants that any security measures undertaken will ensure their safety,
and further acknowledge that neither the Association nor the Board of Directors are insurers or
guarantors of their safety, and they hereby expressly assume all risks for loss or damage to their
person or property, and they further acknowledge that neither the Association nor the Board of
Directors has made any representations or warranties, nor has such Owner, Resident, or Guest
relied upon any representations or warranties, expressed or implied, regarding security in the
Project.
13.12 Effective Date. This Declaration, any amendment or supplement hereto, and any
amendment or supplement to the Plat shall take effect upon its being recorded in the office of the
County Recorder of Salt Lake County, Utah.
[Signature Page Follows]
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1623580.2
EXECUTED as of the day and year first above written.
DECLARANT:
ROSE TREE PROPERTIES, LLC,
a Utah limited liability company
By
Name:
Title:
STATE OF )
:ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of
, 2020, by __________________________, _______________________________ of
Rose Tree Properties, LLC, a Utah limited liability company.
Notary Public
Residing at:
My commission expires:
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1623580.2
EXHIBIT A
to Declaration of Covenants, Conditions, and Restrictions
for Knight Bungalow Condominiums
[Attach legal description]
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1623580.2
EXHIBIT B
to Declaration of Covenants, Conditions, and Restrictions
for Knight Bungalow Condominiums
[Attach Plat]
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1623580.2
EXHIBIT C
to Declaration of Covenants, Conditions, and Restrictions
for Knight Bungalow Condominiums
[Attach Description of Proportionate Share, Voting Rights and Undivided Interests]
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1623580.2
EXHIBIT D
to Declaration of Covenants, Conditions, and Restrictions
for Knight Bungalow Condominiums
[Attach Bylaws]