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Resolution No. 2-90R ecorded at the request of and return to: Park Cit�1 f\/lunicipal Coro. P. 0. Eloll 1480, Park Cily, UT S4C60 ArnJ: c_,1r-v R-ECD£DE!G Resolution No. a ·-Lf 0 a'TRrNO. 151946 OATE4-\�..l?O TIME 124-IFEE -'CJ --, REC0:1DEDFOR Vl\"«-L �\'rt BOOK 21a PAGE47S-418 RECO.liJER JOE DEAN HUBER BY :::sl),E._ t"l 8\ IU !J f3'.t=r.C::: A RESOLUTION ANNEXING 11.14 ACRES OF KEITH-MARG • PROPERTIES, LTD. (BALD EAGLE CLUB CONDOMINTIJMS) INTO THE CORPORATE LIMITS OF PARK CITY, UTAH Fe� E>:empt per Utah Coda Annotated 1953 21-i-2 WHEREAS, a petition was filed by the owners of the land included within the area. described on the attached Annexation Plats, requesting the City to annex that land to the City, zoned as Residential Development­ Master Plan Development (RD-MPD); and WHEREAS the land is included within the City's Annexation Policy Declaration Statement and Annexation Boundary areaj and WHEP..E�4...S1 public hearings, as required by law, were held before the Planning Commission on February 14, 1990 and the City Council on February 22, 1990, at which hearings an Annexation Agreement was approved in the form attached hereto as Attachment A; and WHEREAS, the land in question is not included within any other municipal jurisdiction, and there have been no protests to the annexation filed by any other jurisdiction; NOW, THEREFORE, BE IT RESOLVED by the City Council of Park City, Utah, that the land described in Exhibit B is hereby annexed to the corporate limits of Park City. SECTION 1. ANNEXATION. The land so annexed shall be entitled to :receive all City services on the same ha.sis as other land within the City, and shall be subject to all City levies and assessments on the terms of the Annexation Agreement Attachment A. SECTION 2. EFFECTIVE DATE. This Resolution shall take effect upon passage, provided that the annexation shall not be deemed completed until this Resolution is recorded in the offices of the Summit County Recorder and Wasatch County Recorder, together with the Annexation Plats. DATED this first day of March, 1990. PARK CITY MUNICIPAL CORPORATION COUNTY OF SUMMIT On the 2nd day of March, 1990, the foregoing Resolution annexing land of the Bald Eagle Clu Condominiums into the corporate limits of Park City, Utah, was acknowledged before me by Mayor Bradley A. Olch who executed the same. SUPPLEMENTAL ANNEXAT ION POLICY DECLARATION WASATCH COUNTY PROPERTIES WHEREAS, Keith-Marc Propertie s, Lt d., owner of property situated in both Summit and Wasatch Countie s. petitioned Park city to annex its property for deve lopment purpo ses ; and WHEREAS , on investigation of the site it was determined that devel opment of that property could only occur in conjunction with development of adj oining property in common ownership and already within Park City because of the practical inability to extend utilities and access from Wasatch county due to topography; and WHEREAS , Wasatch County has granted its consent to the annexation of this property because of the site constraints and the practical difficulties in extending Wasatch County services to the property ; NOW, THEREFORE , be it resolved by the City Council of Park City , Utah, as follows : 1. The area of Wasatch County described on the attached Exhibit A should be annexed to Park City as a logical and practical extension of its services. 2. That the City Council of Park city finds this situation to be unique due to site conditions including topography and the proximity of existing utilities and roads owned by Park City or Summit County service districts providing sewer and fire services in Park City . The annexation is justified and reasonable under those circumstance s. 3. Park City does not genera lly favor the extension of its services or its boundaries into Wasatch County . The annexation plan and annexation limits of Park City as shown on the 1982 annexation policy declaration map are unchanged as far as the boundary with Wasatch County is concerned , aside from this adjustment to reflect the annexation of the property described in Exhibit A. BOO•. 561r�Gr650 1 of 2 4. This supplemental declaration is not intended to preclude any future annexations of Wasatch County land into Park city , but is intended to provide notice to both adj acent property owners and to Wasatch County that Park City will only consider annexation of additional Wasatch County land when the conditions and circumstances of the property are such that Wasatch County services could be extended to the site only at unreasonable cost , with unnecessary dup lication of existing Park City facilities , or when the site is such that Park City is directly and substant ially affected by the proposed deve lopment . PASSED AND ADOPTED this first day of March , 1990 . PARK CITY MUNICIPAL CORPORATION Atte st: 2 Of 2 EXHIBIT A ANNEXATION DESCRIPTIONS BALD EAGLE CLUB CONDOMINIUMS ANNEXATION PARCEL NO . 1 (WASATCH COUNTY): Beginning at a point which is on the Summit-Wasatch County Boundary Line , and which is North 304 .22 1 and East 3540 .591 from the Southwe st Corner of Section 2 2 ' T. 2 s' R. 4 E. ' s. L.B. & M. i thence N 2 4 ° 4 7 I 4 3 II E 423 .66' along said Boundary Line ; thence s 62 °00 101 11 E 200.19 1; thence s 49°15 157 11 E 177.49 1; thence s 67°59 105 11 E 81 .43 1; thence s 55°59 158 11 E 75.00 1; thence s 11°44 117 11 E 309 .03 1; thence s 30°00 1 00 11 W 131. 61 '; thence S 65°07 140 11 E 1011. 08 1; thence s 55°07 141" E 97 .191 ; thence N 31°08 150 11 W 1.891 to a point on the Park City Boundary Line ; thence along said Boundary Line for the fol lowing two courses ; N 45°001 001 1 E 529 .421 North 419 .061 to the Point of Beginning . Conta ining 10 .95 Acres . ,ANNEXAT ION PARCEL NO . 2 (SUMMIT COUNTY): Beginning at a point which is on the Park city Boundary Line , and which is North 432 .101 and East 3540 .59 1 from the Southwe st Corner of Section 22 , T.2 s. , R.4 E., S.L.B. & M.; thence the following courses : 1. N 39°55 1 E 205.521 along the Park City Boundary Line ; 2. s 24°47 143 11 W 314.501 along the County Line . 3. North 127 .88' along the Park City Boundary Line to the Piont of Beginning if Conta ining 0.19 Acres . ANNEXATION AGREEMENT BALD EAGLE CLUB This Annexation Agreement is made by and between Park City Mun icipal Corporation and Keith-Marc Propertie s, Ltd., to set forth the terms and conditions under which Park City agrees to annex a portion of the property owned by Keith-Marc and extend its municipal services to that property . The parties agree as follow: 1. Property . The property to be annexed is described on the annexation plats filed by Keith-Marc and dated January 5, 1990. The property is in Wasatch and Summit Counties . 2. Zon ing. The property has , by agreement with Deer Val ley Resort Company , been treated as an extension of the Deer Val ley Resort proj ect. The proposed development on the Property will be treated as Deer Val ley units under the Special Except ion Permit under the terms of The agreement between Keith-Marc and Deer Valley which is attached as Exhibit A. As a result of that agreement and the extension of the SEP , the property wi ll be zoned Resident ial Devel opment-Master Planned Development (RD-MPD) with all zoning established restrictions governed by the at 13 single-family dwe llings. controlled by the terms of the SEP. SEP . Density is Development will be 3. Annexation Fees . Keith-Marc agrees to pay Park City's costs associated with the processing of the annexation petition , including publication fees and any special or extraordinary costs associated with the annexation. Because the density is density previously anticipated under the SEP , there are no additional impacts , and no exactions are imposed on annexation. The usual annexation requirements concerning park land dedication and employee housing have been satisfied by the terms of the SEP. 4. Wasatch County . 10 .95 acres of the property to be annexed are located in Wasatch County , with 1.9 acres in Summit County. Keith-Marc will be solely respons ible for obtaining the 1 of 3 consent of Wasatch County to the annexation, provided however that Park city agrees to indicate its support of the annexation upon reque st, and to appear at hearings in Wasatch County if requested by either Keith-Marc or Wasatch County . 5. City Fees. Upon annexation, the property is for all purpo ses part of Park city , and fully subj ect to all of its po licies , ordinances , regulations , and tax levies , including levies for previously issued bonds . All building related fees , including water connection, water development , building permit, and general impact fees wi ll be impo sed on the annexed property in the same manner that they are applied elsewhere within the Deer Valley Resort proj ect . Keith-Marc , through Marc Devel opment , Inc., has participated in the costs of increasing the size of the Bald Eagle water tank to one million gallons. The actual cost of the tank paid by Marc Development will be credited against water connection fees in the Bald Eagle Club Condom inium, both the portion already within Park City and the annexation parcel as those fees come due. 6. City Services . City services provided to other properties in Park city will be provided to the annexation property on the same basis as they are provided to other similarly situated propert ies . This provision is not intended to supersede the provisions of an existing agreement , dated (;) !,,{, \y .Q 8' J J q 8/] , 1989 , between the developer of the Bald Eagle Club Condominium and Park City concerning maintenance of the private roads , access-related common areas , or the water pressur ization system . 7. Service District Annexations . No building permits will be issued in the annexation property until it has also been annexed to the Snyderville Basin Sewer Improvement District and the Park City Fire Service District. That portion of the property location in Wasatch County will not become part of the Park city School District . 2 of 3 DATED this 'ft/� day of Ll,WL� , 1990. ' PARK CITY MUNICIPAL CORPORATION 3 of 3 EXHIBIT B ANNEXATION DESCRIPTIONS BALD EAGLE CLUB CONDOMINIUMS ANNEXATION PARCEL NO. 1 (WASATCH COUNTY): Beginning at a point which is on the Summit-Wasatch County Boundary Line , and which is North 304. 22 1 and East 3540. 59 1 from the Southwest Corner of Section 22, T.2 S, R.4 E., S.L.B . & M.; thence N 24°4714311 E 423 .661 along said Boundary Line ; thence s 62°001 0111 E 200.191 ; thence s 49°151 5711 E 177 .491 ; thence s 67°591 0511 E 81.431 ; thence s 55°59 158" E 75.001 ; thence s 11°441 1711 E 309.031 ; thence s 30°001 0011 w 13 1.611 ; thence S 65°0 71 4011 E 1011 .081 ; thence s 55°07 141" E 97 .191 ; thence N 31°081 5011 W 1.891 to a point on the Park City Boundary Line ; thence along said Boundary Line for the following two courses ; N 45°001 0011 E 529.421 North 419 .061 to the Point of Beginn ing . Containing 10 .95 Acres . ANNEXATION PARCEL NO . 2 (SUMMIT COUNTY): Beginning at a point which is on the Park city Boundary Line , and which is North 432 .101 and East 3540 .591 from the Southwest Corner of Section 22, T.2 S., R.4 E., S.L.B . & M.; thence the fol lowing cours es : 1. N 39°551 E 205 .521 along the Park city Boundary Line ; 2. S 24°4 71 4311 W 314.501 along the County Line . 3. North 127 .881 along the Park City Boundary Line to the Piont of Beginning Containing 0.19 Acres.