Resolution No. 32-83l'ee Exempt per Utah Code Annotated 1953 21-7-2 .
Recorded at !he request of and return to: Park City Municipal Corp. P. 0. Box 1480, Park City, UT 84060
Resolution No . 32-83
C�i:Y"N� 212�13 1 fl o--;...fc ( � t .l
RE SOLUTIO OUEST OF
�-o ;l ,_Ii FEE -·--------] ' _Alf,N S�;��];ey:;gRDER _k
$ · fJ If By -·� RECORDED·�-_!JI2 8 1983 at 4:o? ·-M
-··-_.}1. RESOLUTION ANNEX ING THE AREA KNOWN AS IRON CANYON
-- -·-
TO THE CORPORATE LIMITS OF PARK CITY , UTAH
1& .j? � A 11' .}x::: /I; WHEREAS , a petition was filed by the owners of the ./
land included within the area described on the attached
Annex at ion Plat reque sting the City to annex that land to
the City and provide all municipal servi ces in that area ;
and
WHEREAS , the land is included within the City's
Annexation Pol icy Declaration Statement and Ann exation
Boundary ar ea ; and
WHEREAS , numer ous public hearings , as required by
law , were held before the Planning Commission and the City
Council , at which hearings a Supplemental Annex ation Policy
Statement and Annex ation Agreement were agreed to ; and
WHEREAS , the conditions of annexation imposed by
that agreement have either been satis fied , or adequate
assurances and security for satisfaction provi de d, and
WHEREAS , the land in question is not included
within any other jurisdiction , and there have been no
protests to the annex ation filed by any other jurisdiction ;
NOW , THEREFORE BE IT RE SOLVED by the City Council
of Park City , Utah that the following de scribed land be , and
is hereby annexed to the corporate limi ts of Park City :
Following a comb ined perimeter des cription of Parcel A & B: A parcel of land located in the Southwe st Quar ter
-1 -
of Section 5 and the Northwe st Quar ter of Section 8
Township 2 South , Range 4 Ea st , Salt Lake Base and
Meridian being further des crib ed as follows :
'Beginning at a point on the south line of the Southwest
Quar ter of said Section 5, said point being South
89°21 '00" Wes t 246 .55 feet from the South Quar ter
Corner of said Section 5 to the prolongation of an
ex isting wo od rail fence running northerly ; thence
along the prolongation of said fence South 0,0 04 ' 12"
We st 11. 37 feet to the northerly line of the Quit Claim
Deed , Exhib it "B", as stated in Book M 58 , Page 60 , or
recorded do cument in the Summit County Recorder 's
Office ; thence We st 244 .02 feet ; thence North 44 .00
feet to the Nor thwe st Corner parcel of land described
in Book F, Page 389 , as recorded in the Summit County
Recorder 's Office ; thence We st 840 .00 feet to the
Northwest Corner of Thaynes Canyon Subdivision No . 3 as
shown on said subdivis ion plat ; thence South 600 .00
feet ; thence Wes t 1020 .00 feet ; thence North 543.50
feet to the South line of said Section 5; thence South
89°21'00" We st 278 .64 feet to the Southwe st Corner of
said Section 5; thence North 0°12'32" We st along said
sect ion line 842 .84 fe et , to a point on the boundary
line agreement as stated in Book M 230 , Page 626 and
recorded in the Summit County Recorder 's Office ; thence
North 88°50 '23" Ea st 376.77 feet ; thence North
89 °19'58" Eas t 395 .03 feet ; thence South 88°50 '22" East
1350 .28 feet to a point that is defined in the boundary
line agreement recorded in Book M 230 , Page 626 in the
Summi t County Recorder 's Office , the South Quar ter
Corner of said Section 5 as referenced in said boundary
line agreement is located We st 2639 .77 feet from the
Southeast Corner of said Section 5; thence South 222 .96
feet to the prolongation of an exi sting fence running
eas terly ; then ce along said fence and the prolongation
of said fence North 89°34 '50" East 264.75 feet to the
prolongation of an exi sting rail fence runn ing
souther ly ; thence along said prolongation and said
fence line South 0°04 '12" We st 579.66 feet to the point
of beginning . Contains 56 .21 acres more or less .
�Basis of bearings being the south line of Section 4,
Township 2 South , Range 4 East , Salt Lake Base &
Meridian , which has a bearing of South 89 °49 '21" Wes t.
The land so annexed sha ll be en titled to receive
all City services on the same basis as other land within.. the
. I
City , and shall be subj ect to all City levies and
asses sments on the same basis as other land within the City ,
-2-&GOK
subject to the terms of the Annexation Agreement and
Supplemental An nexa tion Policy Declaration , attached as
Exhib it A.
This resolution shall take effect upon passage ,
provided that the annex ation shall not be deeded completed
un til the resolution is recorded in the office of the Summit
County Recorder together with the Annexa tion Map .
DATED this 20th day of October , 1983 .
PARK CITY MU NICIPAL CORPORATION
-3-
,, .. ;:;X.H!51T A
IRON CANYON SUPPLEMENTAL ANNEXATION
POL ICY DECLARATION AND ANNEXATION AGREEMENT
TH IS AG REEMENT, is made purs uant to the provis ions of Section
10-2-414 of Utah Code Annotated to set forth the terms and condi-
tions un der wh ich Pa rk City ag rees to annex the land descr ibed on
the attached Exhibit "A" to the corporate limits of the City.
Th is Ag r eement shall serve as pa rt of a supplemental annexation
po licy declaration when executed by all pa rties . The owners of
the land descr ibed on Exhibit "A", which is referred to as the
subj ect prope rty , have prope rly petitioned th e City Council for
annexation to the City . Th is petition was submitted to the Coun cil
on August 26, 1982 . Since that time , the petitioners have been
before the City Planning Department and Planning Commission for
approval of a site specific development plan for the subj ect land,
and received final approval of the site plan in February of 1983.
A public hearing was held on March 17, 1983 bef ore the City
Council , pursuant to pr ope r publ ic notice . At the hearing the re
were no appea rances other than representatives of the pr ope rty
owners and the City Council and staff. No ob jections to the pr o
posed annexation were stated at that time or have been subsequently
rece ived.
Based on the inf or!ha.tion pr esented at the hea ring and at the
var ious stages of the planning pr ocess for the dev elopment on the
subj ect land, the City has made the fol lowing findings :
1. The subj ect land is contiguous to the exi st ing C.i ty
boundaries ;
1
2. The land is now pr im ar ily vacant land, but is suscept
abl e to urba nization, and will require municipal type services as
the land is developed;
3. No other mun icipality exists that is logically able to
provide services, and th at services now are being pr ovided by
Summit County and special service districts organized within the
County . The subj ect land is not with in any other municipal ity's
boundaries or annexation po licy declaration area.
4. Th e ann exation of the subject land will not create
ei ther islands or peninsulas of jurisdiction between the City and
the County or any other mun icipal ity ;
5. The service demands and tax bases of the Park City
School Distr ict, Park City Fire Protection District , and Snyder
ville Basin Sewer Improvement Distr ict will not be adversely
affected by the annexation ;
6. Park City is in a position to expand its services to
serve the new area, subj ect to the condi tions se� forth below;
7. The subj ect prope rty is within the boundary proposed by
the Par k City Ann exation Pol icy Decla ration an d Boundary Map
adopted in February of 1982.
Based on these findings of jurisdiction , the Council has
determined that it can act favorably on the annexation of the
subj ect land, provided that certain commitments are made to
mitig ate the init ial impa ct of adding this land and service area
to the City limits on existing City servi ces, so that a dilution
of services does not occur . The terms and condi tions of annexa-
tion are as follows :
2
' f �
1. The subject land is to be zoned RD under the Park
City Land Management Code , and all dev elopment within the subj ect
land will be required to conform to the requirements of that zone
as minimum requirements. Th e planned unit devel opment option is
availabl e for devel opments within the RD zone··, and ..the plan
appr oved is un der that option.
2. The Planning Commission has appr ov ed a site plan as
of February 1983 , show ing 45 sin gle family lots within the subj ect
property , internal ci rculation, str eam channels, road stubs to ad
joining lands that may annex in the futur e, and interconnections to
existing City streets. The pe titioners agree that they will con-
struct accor ding to this plan , or that if this pl an is abandoned or
substant ially modif ied, new conditions of approval may be requi red or
the conditions modified to reflect the increased or decreased density
of the new site plan . Any new site pl an is req uired to go through
the normal planning process to obtain appr oval . Ann exation is not
contingent on construction of the appr oved plan of February 1983 .
3. The petitioners are required to provide two low cost
housing units , either on site or .�ff site, which comply with the
standa rds adopted for the Moderate Income Rental or Sales Program
by the Park City Housing Authority . In lieu of construction or
acquisition of th ese unites (which shal l not be un its now under the
MIRS PJ , the pe titioners may make a payment of $10 ,000 per mode rate
income unit required into the Em ployee Hous ing Trust Fund , admini
stered by the Pa rk City Housing Author ity. The employ ee housing
un its shall be funded as follows :
(a) One empl oy�e hous ing unit sh all be funded for construe-
3
' .
tion and under construction or the fee in lieu of one empl oyee hous-
ing unit paid to the Housing Auth ority at the time of subdivision
plat approval .
(b) The second empl oy ee housing unit shal l be funded
for construction and under construction or the fee in lieu of one
empl oy ee hous ing unit pa id to the Housing Authority before issuance
of the seventh (7th ) building permit for hous es wi thin the subdivision.
To insure compl iance with this pr ovision, petitioner 's agree to
record or have recorded, a restr ictive document which will put all
buyers on notice of the restriction on bui lding permits pending
full compl iance with th is article.
4. The pe titioners shall pay to the City for Park
Devel opment purposes a fee of $360 per unit appr ov ed in the proj ect,
and to the City for the acqui sition of Park land , a fee of $675
per unit appr oved in the proj ect . Payment sh all be due as follows :
{a) One-ha lf Cl/2) of the fees to be pa id for Park
Development and Park Acquisition shal l be pa id at the time of sub-
division plat appr ov al .
Cb) Th e remaining one-half Cl/2} of the fee shall be
paid be fore issuance of the seventh (7th) buil ding permit for
houses within th e subdivi sion. To insur e compl iance with th is pro-
vision, pet ition er 's agree to record or have reco rded , a restr ictive
document which will place all buyers on notice of the restriction on
building permits pending full payment of the Park Devel opment and
Park Acquisition fees .
5. Petitioner will dedicate an easement for and build
ing a pe destr ian pathway .to connect the existing Rotary Pa rk (City
4
' l ·I
i n !I fi ;J I l ,,
Grove Pa rk) at the main access road thr ough the pr ope rty to the
end of the subdiv ision at the top (west) end of the subdiv ision.
The location of this path shall be noted on the subdiv ision pl at,
and shal l be dedicated as a publ ic easement at least 5 feet in
width . Dedication shall occur at the time of -subdi�ision plat
approval . The pathway shal l be gravel ed and located on the right
hand side of the paved road. All costs, including construction,
associated with th e pathway shall be pa id by petitioners.
6. A credit of up to $28,425 will be granted against
the park related fees for the dedication of a hiking trail through
the property and donation of ?ark land.
7. A soft surfaced em ergency veh icle access route will
be constructed as shown on the pl at. This roadway may be blocked
with crash gates at either or both ends to pr event general ac cess,
but shall be ma intained and kept open for access by em ergency
vehicles un til such time as a secondary access is pr ovided by the
compl etion of roadways thr ough the land to the north of the subj ect
prop erty where and if th at land to the no rth is devel ope d. At the
time the second access is pr ovide� through the land to the north,
the soft surfaced emergency vehicle acess easement may be vacated
to the underlying property own ers .
8. Al l fees for _building permit and inspection fees ,
planning appl icati on , and review, and water connecti on and develop
ment are required of constr uction within the proj ect as pr ovided
by ordinance . A credit will be given for donated water rights as
provided by ordinance .
9. Roads within the subdivision will be dedicated to
5
the publ ic as publ ic streets , and the City will provide snow
removal services on those roads in accordance with the snow removal
priorities devel oped by the City. The owner 's associ ation may
provide supplemental snow removal service s as it sees fit. Snow
removal will be pr ov ided by the petitioner or owne rs association
at th eir cost unt il 22 of the 45 (including the two existing
hoµsesl lots are improved and the houses are occupied, at which
time the City will undertake snow removal services.
10. Ci ty ordinances give the City the opt ion of accept
ing a payment of money or a dedication of wat er rights for proj ects
in the City . On annexations , the City policy has been that annexed
land is required to dedicate a water right suff icient to meet the
needs of that pr oj e ct , regardless of size, and further, that the
water right dedicated be such th at it is usable by the City from
existing points of supply on the City wa ter system. All costs of
filing and obtaining approval of change applica tions, or other govern
mental approvals shall be borne by the peti tione�s, including all
legal and engineering fees incurred with respect to th e transfer of
those righ ts, including def ending title to the rights if a title
dispute arises because of the transfe r. City ag rees to cooper ate
fully and compl etely with Petiti oners in obta ining State Eng ineer
approval , including the signing of the appropriate appl ications.
standards :
The wa ter rights ded ica ted must me et the fol lowing
(a l The total rights dedicated must permit a year-r ound
diversion of between 27 and 30 acre-feet. Within
that range , the City will accept pe titioners '
6
I ., .,
!I
l � i I
l
eng ineer 's sta tement as the actual needs of the
subdivision given the terrain and vegetation.
(b) The rights must have an appr oved point of diversion
at an existing or proposed water source for the
·�-..• -
City wa ter system. Petitioners have irrigation
rights in the Stahle Spring and al so a contract for
domestic rights with Weber Basin Wa ter Conservancy
Di strict. Th ese rights will requi re ch anges in
us e, pl ace of us e, and point of diversion to be
used. The location of the diversion shall be
approv ed by the City's eng ineer as being suitabl e
for us e wi thin the City sy stem. The City will
pe rmit appl ication to be filed in its name by the
pe titioner . The points of diversion shall be
Th eriot Spr ing , Sp iro Tunnel and Park Meadows Well .
The City engineer will provide legal descr iptions
of diversion points .
(c) The rights have to be approved for year-round
diversion for mun.i'�ipal uses or domestic uses by
the State Engi neer . The Stahle right is pr esently
approved as an irrigation right only .
(di The pe tit �oners will wa rrant title and right to use
the wa ter rights dedicated for a pe riod of five
years following approval of the change or exchange
appl ications. Petitioners will obtain approval of
the Weber Basin District on the exchange appl ica-
ti on.
7
(e) If the de dicated rights can be introduced to the
City system through an existing well , spring , or
mine tunnel intake point, no addi tional wor k is
necessary . If th e appr oved diver sion point is at
some point other than an exis ting point of diver sion
into the City system, the petitioner is required to
provide the mechani cal means of conveying that water
to a point on the City system wh ere it can be used,
including pipelines, pumps , and wells , if necessary .
Lines may be sized to ac commo da te futur e gr owth
un der sound eng ineering practice , pr ov ided that the
Ci ty will assist in refunding a por tion of the costs
as later devel opments extend or connect to the line.
(f) The timing of th e dedication of rights is to coin-
cide with the approval of the annexa tion resolu-
tion. Both pa rties recognize the diff icul ties
inherent in obtaining State Engineer approval of
the necessary appl ications . The City will give
subdiv ision or pl anned unit development approval
upon dedication of the water rights but wi ll issue
building perm its for no mo re than six (6) houses
within the subdiv ision bef ore State Eng ineer
approval is received . The existing houses will be
counted in that six only when and if they connect
to the City wa ter sy stem. Fu rther , petitioner
agrees to record or have recorded, a restr ictive
document which will put all buyers on notice of th e.
una vailabil ity of building permits pending State
8 BOOK 277f�.S�1;53
Eng ineer appr oval . The water dedication for each
house within the subdivision is appr oximately
6/lOths of an acr e-foot per hous e, conn ected to the
City wa ter sy stem.
11. The pe titioners will be requ�red to construct a
water storage tank that is suita bl e for del ivery of water to Iron
Canyon. The tank is to be built to City appr oved specif ications
and appr oved as to location and size. The size mu st be large
enough to meet the State Board of Health standards and the fire
flow needs of the subdivision. The minimum tank size acceptable
will be $3DO�oo: gallons, regardless of state standards . The tank
must be compl ete be fore occupancy permits are issued for any new
houses in the subdiv ision . The City reserves the right to requi re
a cash contribution of no more than $150 ,000.00 in lieu of construc
tion of tank , pr ovided the City can provide compa rable or better
water storage fac ilities by com bining Petitioner 's contr ibution
with other water storage pr oj ects and provided fur th er that the
Ci ty is abl e to pr ovide water service to Petition-ers in a timely
fashi on.
12. The peti tioners agree to pay Five Thousand Dollars
($5,000) as a general ann exation fee to offset the City's costs in
pr epar ation of the or iginal annexation pol icy statement , this supple
mental pol icy statement and 'the other costs associ ated with the
annexa tion at the time the resolut ion of annexation is adopted.
DATED this 20th day of October , 1983 .
PARK CITY MUNI CIPAL CORPORAT ION
��n���
9
IRON CANYON PETITI ONERS
10
IRON CANYON PETITIONERS
STATE OF UTAH )
)ss:
COUNTY OF SALT LAKE )
On this 20th day of October , 19 83 A.D. personally appeared
before me H. ROGER BOYER , as general partner of THE BOYER COMPANY ,
a Utah General Partnerhs ip , the signer of the within ins trument ,
who duly acknowledged to me that he executed the same , for and
on behalf of THE BOYER COMPANY , a Utah General Partnership , as
general par tner therein.
My connnission expires :
4/28/85 Res idliJ:i:g in-S alt Lake City __ _
<"),...,,7 . eoox c:. I r.i.s E 1 5 6
-10-
STATE OF UTAH
COUNTY OF SUMMIT
I, Wi lliam R. Gathe rum, the duly qu alified City
Recorder of Park City , Utah , do hereby certify, according to
the records of Park City in my official possession , that the
above and foregoing constitutes a true and correct copy of the
Iron Canyon Supplemental Annexation Policy Decl aration and
Annexation Agreement .
IN WITNESS WHERE OF , I have hereunto subscribed
my official signature and imp ressed hereon the corporate seal
of Park City this 20th day of October , 1983.
William R. Gatherum
City Recorder
2 ' .. /'"I � i:: .... 6DOK I I f,\GE ..!..J l