Resolution No. 5-89Piecorcled at the re\iue;t ot ancl re\uffi
to: Park City Municipal Corp.
P. o. Box 1480, Plltk City, UT 84060
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Resolution No . ct1_-89
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89 JUN -2 AH 9:2�
Al AN SF RIGGS ""-.. (_. : f'"ee Exempt per Utah Code SUHHIT COUNTY RECORDER fc. Annotated 1953 21"7-2
A RESOLUTION ANNEXING LAND OF THE THAYNES CREEK
SUBDIVI SION INTO fJiEO ��RP0RA'f'E-IttM:E'¥6 OF
PARK CITY , UTAH
WHEREAS , a petition was filed by the owners of the land
included within the area described on the attached Annexation Plat ,
reque sting the City to annex that land to the City, zoned as
Recreation Open Space (ROS ) , Residential Devel opment Medium Density
-Master Plan Development (RDM-MPD) and Single Family (SF); and
WHEREAS , the land is included within the City's
Annexation Pol icy Declaration Statement and Annexation Boundary
area ; and
WHEREAS , public hearings , as required by law, were held
before the Planning Commission and the City Council , at which
hearings an Annexat ion Agreement was approved in the form attached
hereto as Attachment A; and
WHEREAS , the land in question is not included within any other jurisdiction , and there have been no protests to the
annexat ion filed by any other jurisdiction ;
NOW THEREFORE , BE IT RESOLVED by the City Counc il of Park
City, Utah , that the land described below be, and is hereby annexed
to the corporate limits of Park City : .
··Beginning at a point that is on the westerly right
of-way line of State Highway U-2 24 (U. s. Alt . 40),
said point being South 33 .50 feet and West 13 1 9.04
feet from the Southeast corner of Section 5,
Township 2 South, Range 4 East , Salt Lake Base and
Meridian and running thence West 1085. 71 feet ;
thence North 110.30 feet ; thence East 1042 .78 feet
to a point on the westerly right-of-way line of said
State Highway U-224 ; thence South 21 16 1 0011 East
along said westerly right-of -way line 118.36 feet
to the point of beginning .
The land so annexed shall be entitled to receive all city
services on the same basis as other land with in the City, and shal l
be subj ect to all city levies and assessments on the terms of the
Annexation Agreement Attachment A.
This Resolution sha ll take effect upon passage , provided
that the annexation shall not be deemed completed unt il th is
Resolution is recorded in the office of the Summit county Recorde r,
together with the Annexation Plat .
DATED this Llfti day of May, 1989 .
Attest :
STATE OF UTAH )
SS
COUNTY OF SUMMIT )
PARK CITY MUNICIPAL CORPORATION ���
On the 11th day of May, 1 989, the foregoing Resolution annexing land of the Thaynes
Creek. Subdivision into the corporate limits of Park City, Urt a�W:�ackno\vledged before me
by Hal W. Taylor, who executed the same. ,-<.< Y �(; / '1 »'" '.& ? ' ( ' r!t.-'JJL
My commission expires:
Residing at:
Thaynes Creek Ranch
Annexation Agreement
THIS AGREEMENT is made by and between Park City Mun icipal
Corporat ion ("P ark City") and Franklin Richards ("Richards ") or its
assigns , to set forth the terms and conditions under which Park
City will annex land owned by Richards into the corporate limits
of Park City, and extend mun icipal services to that property . This
agreement is made under authority of Utah Code Annotated 10-2-414 ,
19 53 , as amended , and sh all serve as part of a supplemental
annexat ion pol icy declaration when executed by all parties . In
consideration of Park City's agreement to annex Richards ' property
and in consideration of the mutual promises contained herein , the
parties agree that the terms and conditions of annexation shall be
as follows :
1. Property . The property to be annexed is described on the
attached Exhibit A, and is referred to as the Thaynes Creek Ranch
property , Phase 1.
2. Future Developm ent and Annexation . Richards does not
intend to annex his entire property at this time . As Richards
proposes to develop his property further , however , he agrees to
make application to the city for annexation before seeking to
develop the property under the jurisdiction of Summit County .
3. Zoning. Upon annexat ion , the property will become subject
to the Park City Land Management Code , Subd iv ision Regulations and
ATTACHMENT A 1
Park City 's other building regul ations . The property will be zoned
in three areas , as shown on the annexation plat for the property,
which is incorporated into th is agreement as Exhibit B. The
developed single family subdivis ion will be zoned SINGLE FAMILY
(SF). The buffer area along the highway will be zoned RECREATION
OPEN SPACE (ROS) and the office building site will be zoned
RE SIDENTIAL DEVELOPMENT MEDIUM DENSITY -MASTER PLANN ED DEVELOPMENT
(RDM-MPD).
4. Subdivision Approva l. The Planning Commission has
approved a Sketch Plat for 11 single family parcel s. Those parcels
are 10 ,000 sq. ft . in size . The sketch plat approval also inc ludes
reduced setbacks cons istent with the setbacks in Thaynes Canyon
Subd iv ision which is across the street . Front and rear setbacks
of 15 to 25 feet will be required to be staggered and will be
approved by the Planning Commi ssion . The parcels access directly
off of Payday Drive. The subdiv ision shall include the
installation of a sidewalk or bike path along Payday Drive from
the Highway 224 Right of Way line to the westernmost line of the
annexation area . The sidewa lk or bikepath shall be built to city
standards . It is not antic ipated that the city will snowplow the
sidewalk in the winter.
The Planning Commission approval has required that certain
conditions be met such as a requirement for architectural
guidel ines and limitations on the uses and appearances of the back
yard areas . This sketch plat approval is valid for one year from
the time at which the approval was granted with the possibil ity of
ATTACHMENT A 2
BOO•, 523 r:u400
a one year extension , at which time the approval will expire, and
the underlying zoning and this agreement shall be the only
devel opment parameters until such time as another devel opment
scheme is approved .
5. Buffer Area . The area which is zoned ROS on the
annexat ion plat sha ll serve as a Frontage Protection Area . The
area sha ll be landscaped and bermed consistent with plans to be
approved by the City . A proj ect sign will be al lowed to be placed
in this area, subj ect to approval by the city and consi stency with
the Park City Sign Ordinance in effect at the time a sign
application is processed . The buffer area shall be insta lled by
the developer and sha ll be maintained by the occupant of the off ice
building . This buffer will represent the entryway to Park City and
will be required to be aesthetically pleas ing . The buffer will
include an easement for a Bike Path which may be installed at some
later date . The width of the easement shall be 10 feet . Richards
will be required to post a security to cover the cost of
construction of this Bike Path . Th is amount shall be $2400 .00 and
shall be required to be posted prior to final plat recordation of
any subdivision plat . This security sha ll be required to be posted
for a period of ten (10) years . If no bike path is constructed
within ten years , the security shall be released to Richards .
6. Payday Office Building. Richards shall be allowed to
construct a small off ice building at the intersection of Payday
Drive and HWY 224 . The building sha ll be residential in appearance
and shal l house a maximum of 1800 square feet of office space. It
ATTACHMENT A 3
shall be consi stent with the attached plan , Exhibit Access
will not occur directly from the Highway . Landscape plans will be
approved by the City and shall be extensive to screen the building
from the highway , without resulting in a tra ffic hazard . The
building will be required to maintain the 100 foot setback from the
edge of highway pavement , which will be zoned ROS . The RDM-MPD
zoning is intended to restrict the use of the area to office uses .
In th is case , the RDM zoning will not permit any retail uses ,
service stations , or property management or check-in facil ities .
The use permitted is only for professional offices as long as the
RDM-MPD zoning remains in place .
7. Future Access to Adj acent Property . The Park City
Subdiv ision Ordinance requires that all subd ivisions be planned to
provide a road stub to adj acent property which may be developed .
Richards is required to provide a fifty foot wide easement for this
possible future access as shown on the annexat ion plat . The right
of way must be mapped, but need not be improved or dedicated to
Park City unless the property adj acent to Thaynes Creek Ranch is
annexed .
8. Park Devel opment Fee . The Park City Annexation Policy
requires that a recreation area be provided , or that a park
acquisition and devel opment fee be paid at the time of any
annexat ion . The amount of the fee shall be $1035 per single family
parcel for a total of $12 ,420. The developer may work with the
City staff and Park, Recreation and Beautification Board to perform
work in nearby Rotary Park or another community park in lieu of
ATTACHMENT A 4
BOO• 523 p:,G E'i02
payment of the fee . The work to be performed shall be of a value
at least equal to the amount which would otherwise be required .
If no such arrangement has been agreed upon at the time of
subdivision plat recordat ion , the developer shall pay the fee
directly to the city before the plat is released for recordation .
9. Engineering Inspec tion Fees . Thaynes Creek Ranch will
involve the construction and extension of public improvements
including sanitary sewers , storm sewers, and water lines to serve
the project .
6% of the
Richards shall pay Park city a maximum fee equal to
value of the construction of City-owned public
improvements to compensate Park City for its time and effort in
reviewing designs and inspection of construction of those
improvements , consistent with current Park City pol icy . Two and
one-hal f percent (2 .5%) of this fee wi ll be paid at the time the
notice to proceed is issued . A similar arrangement may be required
by Snyderville Basin Sewer Improvement District prior to
subdivision plat approval .
10 . Water Connection Fees . As each building permit is
obtained for individual houses within the subdivis ion bu ilt on
annexed land , the property owner shall pay Park city the water
connection fee then required pursuant to Park City ordinance .
11. Impa ct and Building Fees . All impact , building and plan
check fees due for construction within the annexed land sha ll be
collected as provided by Park City ordinance .
12 . Acceptance of Public Improvements . Park City will accept
title to the public improvements upon final approval of the
ATTACHMENT A 5
construct ion , subj ect to all conditions and limitations contained
within the Land Management Code , Subdiv ision Ordinance and Park
City Des ign Standards , Construction Spe cifications, and Standard
Designs .
13 . Ut ility Relocation . There are currently overhead util ity
lines which run across the prop erty . Those lines will have to be
relocated and the Park City Subdivision Ordinance requires that
util ity lines be undergrounded in single family subdivisions .
Richards will be respons ible for undergrounding the ut ilities .
14 . Dedication of Water Right s. Richards shall convey to
the City sufficient water rights to meet the anticipated water
demand of the devel opment on Park City's mun icipal water system.
This requirement shall be 1.0 acre feet of water per lot , converted
to mun icipal uses and approved by the city Attorney as to spec ific
water right and point of diversion . Richards shall bear the burden
of convers ion to mun icipal uses . This dedication will result in
a credit of $1900 .00 per lot against the Park City water
devel opment fees levied at the time of building permit issuance .
In the event Richards is unsuccessful in converting the water to
mun icipal use or is otherwise unable to perform the ob ligations set
forth in this paragraph , the City will be entitled to collect from
the property owners the Water Devel opment Fees as then provided for
by Ordinance .
15 . Excess City Property Al ong Payday Drive . The City owns
a 16 foot strip of property outside the right of way required for
Payday Drive . The right of way is approximately ten feet outside
ATTACHMENT A 6 BOO• 5?3 •, ,il n ._, P,,f,E <±LJ4
of the existing gutter . Because the City desires to minimize the
area of asphalt streets which must in due course be maintained and
repa ired , it is the desire of the City to sell to Richards the 16
foot strip along the frontage of all lots which are platted along
Payday Drive . It is the intent of the City to require a 15 foot
non-exclusive util ity easement along the front of all lots platted
on Payday Drive to provide adequate space for utilities . The
anticipated sale price of the 16 foot strip of City property is
$�� per square foot . The City Council will set the proceeds
aside and use it for open space acquisition on the Richards
property or elsewhere in the area .
DATED THIS
Att est :
Anita L. Sheldon
city Recorder
ATTACHMENT A
day of May , 1989 .
PARK CITY MUNICIPAL CORPORATION
FRANKLIN D. RICHARDS , JR .
7