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

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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.


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


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


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


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


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


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.


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


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.

c:\users\nshepard\documents\2020\planning commission\moab city planning commission bylaws as adopted 2018.docx

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;


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.


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.


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.


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

S 26

R (

429.

0')

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'

W 78.0' 138.0'

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

.0'

S 89°47'E 182.5'

S 0°

17'0

0" W

414

.0'

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


118862.96 58634.07


118858.49 59656.99

120018.14 59763.82

118693.11 58435.52

120016.74 58440.26

S 82°37'E 196.5' N 86°57'E 222.4' S 77°23'E 53.4'

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)

S 16.0'

S 4

6.3'

W 100.0'

N 124.2'

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'

S 25°00'34" E 230.62'

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'

E 127.3'

S 1

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'

N 0

°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'

S 89°54'E 8.7'

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

S 1

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'

S 2

88.0

'

UTAH POWER & LIGHTPACIFICORP21-XST-0015

E 462.0'

N 19.0'

W 146.0'

N 75.0'

W 316.0'

S 94

.0'


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'

N 120.1'

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'

N 149.48'

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

6.1 '

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'

S 89°42'17.64" E 462.10' S 89°37'51.56" E 461.15'NE COR BLOCK 25MOAB TOWNSITE 118868.74 57413.80

NW COR BLOCK 24MOAB TOWNSITE 118868.78 57513.96

NW COR BLOCK 25MOAB TOWNSITE 118871.12 56951.71

NE COR BLOCK 24MOAB TOWNSITE 118865.81 57975.10

S 89°39'27.6" E 461.94'118866.18 58074.10

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

J W W

ILLI

AM

S

AN

DREW

A TA

YLO

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99'99'

C/L M

ON

UM

ENT

3RD

N &

MA

IN(FR

OM

CA

LCU

LATIO

NS

FRO

M D

EED TO

CITY

& A

LIGN

MEN

TW

ITH C

/M #30)

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

TTLE

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

N 0

°17'

E 2

5 .0'

S89°47'E 110.0'

S 0 °

17'W

25 .

0'

N89°47'W 110.0'

N 0

°17'

E 2

0 .0' S 89°47'E 110.0'

S 0 °

17'W

20 .

0'

N 89°47'W 110.0'

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

N89°47'W 270.20'

N0°

17'E

140

.25'

E 75.0'

NO

RTH

157.18'

EAST 234.78'

S0°1

7 'W

172

. 15'

S0°1

7 'W

126

.50'

S 89°43'00" W275.00'

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'

S 89°47'E2.0'

36.8'

2.00'

13.7

5 '

S 89°47'00" E36.8'

N 0

° 17'

00"

E13

.75 '

N40°24'38"W 118.16'

N44°23'32"W

177.11'

N46°09'35"W

394.31'

N23°03'59"W

216.63'

N36°06'44"W

105.26'

N78°12'07"W 86.68'

N84°13'42"W 91.45'N89°42'41"W 164.70'

N69°12'40"W 99.67'

N57°37'08"W 114.23'

N 1

°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

'

S 68

.50'

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

'


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


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


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'


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


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

'


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.PEDESTRIAN ESMT.

10 FT.PEDESTRIAN 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


01-0MVH-0005


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


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


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


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'


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



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.




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




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 '




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


1901-SUN-0019

545 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


2501-SUN-0025


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


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

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17) .

OU

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DE

LIN

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TH

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INA

L B

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ND

AR

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ESC

RI P

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WIT

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QC

D ( B

K 1

91 P

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WH

ICH

DO

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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


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




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

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-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

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°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

4-B369

4-A371

5-D351

5-C353

5-B357

5-A361

6-D337

6-C341

6-B343

6-A347

7-D32

17-C

325

7-B32

97-A

333

8-D307

8-C311

8-B315

8-A319

S33°

35'W

48.3

'

S53°37'W

41.0'

S88°03'W 64.0'

N75°03'W 98.7'

N58°08'W 53.9'

10 FT WIDE PEDESTRIAN ANDBICYCLE PATH EASEMENT

2.4.12.4

10 FT WIDE PEDESTRIAN ANDBICYCLE PATH EASEMENT

W 939.51'

S 52°07' E 959.1'

S 1°

31'4

7" E

189

.60'

S 0 °

15'5

2" W

12 3

.47'

19.1.2 &19.1.3

N51°39'W 36.5'

N7°

00'E

39

.1'

N10

°43'

E 69

.9'

N4°

10'E

49.

0'N

17°4

5'E 1

5.2'

N12°27'W

23.6'

N3°

0 6'E

11 .

9'N

23°2

3'E

15.1

'

7.12

2

S3°1

7'E

92.8

'

S 0° 17 '30 " W 13 06 .3'

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MOAB IRRIGATIONCOMPANY DITCH

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MOAB IRRIGATIONCOMPANY DITCH

26116104.26 59129.30

C/L MONUMENT AT3RD SOUTH STREET &

3RD EAST STREET

C/L MONUMENT AT3RD SOUTH STREET &

2ND EAST STREET#11

116106.99 58568.36

N89°47'W92.5' 12.3'

26.0'N89°56'W 95.5'

E 125.0'

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 50°22'E 37.6'

S 44°54'E 36.1'

S 60°34'E 38.5'

S 33°26'E

18.0' S 47°50'E 77.2'

S 68

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34.

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60°5

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9.6'

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N 78°30'E32.4'

S 70°17'E 90.6'S 53°12'E 62.4'

S 50°49'E 49.6'

S 84°26'E 38.7' S 56°21'E74.9'

S 33°18'E

97.2'

S 51°48'E39.9'

S 66°19'E 25.5'

S 61°07'E52.9'

S 72°42'E 30.8'

N 80°00'E 25.7'

N 84°01'E38.0'

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S 61°10'E 55.5' S 17°53'E

30.0'S 1° 50 'E

6 1. 9'

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114.2'

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S 54°37'E 10.6'S 58°25'E 86.1'

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S 89°17'E 63.3' S 80°21'E 85.7'

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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.

5

1623580.2

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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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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EXHIBIT A

to Declaration of Covenants, Conditions, and Restrictions

for Knight Bungalow Condominiums

[Attach legal description]

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1623580.2

EXHIBIT B



[Attach Plat]

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1623580.2

EXHIBIT C



[Attach Description of Proportionate Share, Voting Rights and Undivided Interests]

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1623580.2

EXHIBIT D



[Attach Bylaws]

APRIL 23, 2020 3/$11,1*&200,66,21 0((7,1* 3 0 - Utah

Documents

Transcript of APRIL 23, 2020 3/$11,1*&200,66,21 0((7,1* 3 0 - Utah

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