Resolution No. 24-92Recorded at the request of and return to :
Park City Mun icipal Corporation
P. 0. Box 1480
Park city , Utah 84060
Attent ion : City Recorder
Resolution No .�-92
003766 12 BKO '71 7 PG0 110 � '1--7 -C-f //(-ALAN SPRIGGSr SUMMIT COUNTY RECORDER 1993 MAR 31 09:09 AN FEE $,00 BY DMG FOR: COALIT}ON TITLE _ _ , _,, .-_.b...,.._1 r/ r«>. / •f ,-/.�. ,. • ·'I ft': Pati E�<er.1pt per U\ah (',··.:·., �:� . t\nnotatJd ·H;;J::i :::-1-·;-;�
A RESOLUTION ANNEXING 178 .36 ACRES OF
MORN ING STAR ESTATES
(A PORTION OF DEER VALLEY RESIDUAL PARCEL )
INTO THE CORPORATE LIMITS OF PARK CITY, UTAH
WHEREAS , a petition was filed by the owners of the land ,
Blue Ledge Corporat ion, included within the area described on the
attached Annexation Plat , requesting Park City to annex that land
to the city , zoned as Res ident ial Development-Master Plan
Devel opment (RD-MPD), Estate (E), and Recreation Open Space (RO S);
and
WHEREAS , the land is included within the city 's
Annexat ion Pol icy Declaration Statement and Annexation Boundary
area ; and
WHEREAS , public hearings, as required by law , were held
before the Planning Commiss ion on March 25 , 1992 and the city
Council on Apr il 23, 1992 ; and
WHEREAS , the attached Annexat ion Agreement (Exhibit B)
was approved by the Planning Commission at its meeting of March 25,
1992 and approved by the city Council at its meeting of Apr il 30,
19 92; and
WHEREAS , the land in question is not included within any
other municipal jurisdiction , and there have been no protests to
the annexat ion fi led by any other jurisdiction ;
NOW , THEREFORE , BE IT RESOLVED by the City Counc il of
Park city, Utah that the land described on Exhibit A is hereby
annexed to the corporate limits of Park city , Utah .
SECTION 1. ANNEXAT ION . The land so annexed sha ll be
entitled to receive all city services on the same basis as other
land within the City , and sha ll be subj ect to all city levies and
assessments as described in the terms of the Annexat ion Agreement ,
Exhibit B.
SECTION 2. EFFECTIVE DATE . This Resolution sha ll take
effect upon passage , provided that the annexat ion shall not be
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deemed completed until this Resolution is recorded in the Office of
the Summit County Recorder together with the Annexation Plat .
At test :
STATE OF UTAH )
) SS .
COUNTY OF SUMMIT )
18th day of June , 1992 .
PARK CITY MUNICIPAL CORPORATION
On the / 8'°f-h day of June 19 92 , the foregoing Resolution
annexing land of the Morning Star Estates into the corporate limits
of Park City, Utah was acknowledged before me by Mayor Bradley A.
Olch who executed the same .
Notary Public
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003766 1.2 BK0:7 I J PGO 1.11.
EXHIBIT A
PROPERTY DESCRIPTION
·Beginning at o point S 89"30'31" E 387.65 feet along the center of
section line from the West Quarter Corner of Section 11, Town ship 2 South,
Range 4 East, Salt Lake Bose & Meridian; and· running thence along the
centerline of section 11, S 89"30"31 " E 941 .59 feet; thence along the east
line of the northwest qu arter of the southwest quarter of section 11, S
00"1 4'20" W 481.61 feet; thence along the northerly end line of the Velvet
No.3 mining claim (Mlneral Survey No. 6842, Blue Ledge Mining District, Summit
County, Utah) S 79'01'04" E 27.41 fee�; thence along the easterly side line of
the Velvet No.3 mining c:laim S 32"55':31" E 1037.74 feet; thence along the
north line of the southeast quarter of''the southwest quarter of section 11, S
89"45'02" E 518.42 feet; thence along the easterly side line of the Velvet
No.4 mining claim S 32"48'1 3" E 390.45 feeti thence along the east line of
the southeast quarter of the southwest quarter of section 11, S 00"21 '07" W
1022.45 feet; thence along the south line of the southeast quarter of section 11,
N 89'59'21 " E 583.66 feet; thence along the _e asterly side tine of the Aja
No.14 mining clalm (Mineral Su rvey No.6989, Blue Ledge Mining District) S
31 '02'05" W 949.02 feet; thence along the southerly end fine of the Ajo No.14
mining claim N 56'22'33" W 599.76 feet; thence along the southerly end l ine
of the Ajo No.15 mining claim N 57"34'28" W 600.92 feet; thence along the
easterly side fine of The Postmistress mining claim (Mineral Survey No.4981, Blue
Ledge Mining District) S 31 ·oo'oo• W 31 9.63 feet more or less; thence along
the northerly end line of the Republican mining claim �mineral Survey No.4981)
S 68i 9'00" E 6.37 feet more or less; thence along the easterly side line of
the Republican mining clalm S 31 '00'00" W 1502.66 feet more or less; .thence
along the sou therly end line ·of the Republican mining claim N 68'1 9'00" W
567.57 feet more or less; thence N 02"1 5'38" W 1095.31 feet along the
easterly line of Solomere Subdivision No. 1 as recorded; thence N 32 "00'00" W
1200, 72 feet along the easterly boun dary line of Solamere Subdi "'sfon No.1 and
Solamere Subdivision No.2A. as recorded; thence N 45'00'00" E f1 28.00 feet
along the easterly boundary line of The Oaks at Deer Valley, as recorded and
said llne projected beyond The Oaks ot Deer Valley; Thence North 1321 .88 feet
to the point of beginning. , ,Description con tains 178.3.6 acres.
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£xh1 brt- 5
ANNEXAT ION AGREEMENT
AND SUPPLEMENTAL ANNEXATION POLICY DECLARATION
MORNING STAR ESTATES
This Annex ation Agreement is made by and between Park
city Mun icipal Corporation and Blue Ledge Corporat ion, to set forth
the terms and conditions under which Park City agrees to annex a
portion of the property owned by the Blue Ledge Corporation and
extend its municipal services to that property . This agreement , a
supplemental policy declaration is made under authority of Utah
Code Annotated section 10-2-414 , (1953 , as amended ) . In
consideration of Park City's agreement to annex Blue Ledge 's
property and
here in , the
in consideration of the mutual promises contained
parties agree that the terms and conditions of
annexation shall be as fol lows :
1. Property . The property to be annexed is descr ibed on
the annexation plat attached as EXHIBIT A, filed by Blue Ledge and
dated Apr il 30, 1992 . The property is in Summit County and is
commonly known as Morning Star Estates .
2. Zoning. Upon annexation the property will become
subject to the Park city Land Management Code , Subdivision
Regulations , and other City regulat ions . The property will be zoned
in three areas as shown on the annexat ion plat for the property ,
which is incorporated into this agreement as EXHIBIT A. The zones
shall be Residential Development-Master Planned Devel opment (RD
MP D), Recreation Open Space (RO S), and Estate (E) with all zoning
restrictions governed by the Park city Land Management Code .
Density is established by a sm all scale master plan approval
granted by the Planning Commission on March 25, 1992 .
3. Uses and Maintenance of the Property. It is the
intent of the parties hereto that the appearance of the area zoned
ROS will be left undeveloped except as provided by the Land
Management Code . Agr icultural uses including the rais ing of
pasturage or other crops , or the raising and grazing of horses or
catt le, will not be permitted in the ROS zone . Other intrusions
into the ROS area such as tennis courts, swimming pools , and
gazebos will likewise not be permitted , except that the rais ing and
003766 12 BKO 117 PG0 113
stabling of horses or cattle shall be allowed as restricted to the
area shown as Lots 6, 7, and 8 on EXHIBIT B.
4. Annexation Fees . Blue Ledge agrees to pay Park
city 's costs assoc iated with the
petition , including publication
processing
fees and
of the annexation
any special or
extraordinary costs associated with the annexation .
5. City Fees . Upon annexat ion , the property is for all
purposes part of Park city, and is fully subject to all of its
policies , ordinance s, regulat ions , and tax levies , including levies
for previously is sued bon ds . All subd ivision and building related
fees , including water connection , water devel opment , parks
devel opment, building permit , engineering inspection and general
impact fees will be imposed on the annexed property in the same
manner that they are applied elsewhere within Park City .
6. City Services . City services provided to other
properties in Park City will be provided to the annexat ion property
on 'he same ba sis as they are provided to other simi larly situated
propert ies . Snow removal will be provided by the petitioner , their
subsequent purcha sers of lots , or owners association at their cost
until 6 of the 12 lots are improved and houses occupied , at which
time the city will undertake snow removal services .
7. Service District Annexat ions . No building permits
will be issued in the annexation property until it has also been
annexed to the Snydervi lle Basin Sewer Improvement District and the
Park City Fire Service District .
8. Employee Housing Requirement . The City's requirement
to provide moderately priced emp loyee housing sha ll be met by the
provision for construction of one emp loyee housing unit on lots
6,7,8, and 10 , pursuant to the terms of the approved master plan .
To ensure construction of at least one emp loyee housing un it , Blue
Ledge will pay the sum of $49 ,000 into escrow for the benefit of
the Park City Housing Authority . The $49 ,000, together with accrued
intere st , wi ll be paid to Blue Ledge upon completion and occupancy
of the first emp loyee housing unit in accordance with the master
plan . In the event no emp loyee housing units are constructed at
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003766 12 BK0:7/2 PG0 114
buildout , or five years from the date of this agreement , which ever
occurs first , the escrowed funds , together with interest , sha ll be
paid over to the Park City Housing Author ity .
9. Road Des ign . Park city agrees to cons ider road
designs submitted by registered engineers on Blue Ledge 's beha lf,
and agrees that roads within the proj ect will be required to meet
Park City standards for residential streets , including adequate
provi sion for construction traffic . The requirement for secondary
access sha ll be provided for by the extension of a future right of
way, which sha ll be improved as a public street to Lot 7. Beyond
Lot 7, the road sha ll be a dedicated public right of way in
accordance with the approved master plan . The road beyond Lot 7
sha ll be graded and its maintenance sha ll be the responsibility of
Blue Ledge Corp . until such time as it is improved , and
subsequently accepted by Park City Mu nicipa l, at which time Park
City Mun icipal will then as sume respons ibil ity for its ma intenance .
10 . Dedication of Water Right s. Blue Ledge Corp . ,
through its parent United Park City Mines Company , has met its
water rights dedication obligation by agreement between United Park
and Park city dated January 23, 19 92 .
11. Wildl ife Impacts . The nature of the proposed
subdivis ion is such that the existing wildlife habitat is modified
only slight ly . No per imeter fencing will be allowed which would
restrict wildlife migration.
this 30th day of Ap ril, 1992 .
PARK CITY MU NICIPAL CORPORAT ION
Anita L. Shelc:m; City Recorder
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EXHIBITS :
A -The Annexation Plat
BLUE LEDGE CORPORATION ' a Utah limited
corporation
BY : �\ t-�� \;(��\\
Hank Rothwell, President
B -The Master Plan App roval Plat
C -Water Rights Dedication Agreement
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dated January 23, 1992
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