Ordinance No. 2014-59Ordinance No. 14- 59
AN ORDINANCE APPROVING THE ROUND VALLEY PARK CITY
ANNEXATION AND ZONING MAP AMENDMENT
ANNEXING INTO THE PARK CITY MUNICIPAL BOUNDARY AND ZONING AS
RECREATION OPEN SPACE (ROS), THE ROUND VALLEY OPEN SPACE AREA,
OSGUTHORPE FIELDS, AND GORDO PARCELS GENERALLY LOCATED NORTH
OF STATE ROAD 248, WEST OF HIGHWAY US 40, AND EAST OF OLD RANCH
ROAD LOCATED IN SECTIONS 28, 33, 34 AND 35 TOWNSHIP 1 SOUTH, RANGE 4
EAST, AND IN SECTIONS 2 AND 3, TOWNSHIP 2 SOUTH, RANGE 4 EAST OF THE
SALT LAKE BASE AND MERIDIAN, SUMMIT COUNTY, UTAH
WHEREAS, on March 11, 2013, the owners of the property known as the Round
Valley Open Space, including the Osguthorpe Fields and the Gordo Parcels, namely
Park City Municipal Corporation and Afton Stephen Osguthorpe Family Trust, petitioned
the City Council for approval of an annexation of land into the Park City limits as shown
on the attached Annexation Plat and Legal Descriptions (Exhibit A), the 'Property"; and
WHEREAS, the property is approximately 1,368 acres in area and is located
generally north of State Road 248, west of US 40, and east of Old Ranch Road within,
as described in the attached Vicinity Map (Exhibit B); and
WHEREAS, the Property will be zoned Recreation Open Space (ROS) with
Frontage Protection Zone (FPZ) where the annexation properties have frontage on
State Road 248; and
WHEREAS, the Property is included within the Park City Annexation Expansion
Area, and is not included within any other municipal jurisdiction; and
WHEREAS, the Park City Council accepted the Round Valley Park City
Annexation petition on March 21, 2013; and
WHEREAS, the City reviewed the petition against the criteria stated in Sections
10-2-403 (2), (3), and (4) of the Utah Code, annotated 1953 as amended, and found the
petition complied with all applicable criteria of the Utah Code; and
WHEREAS, On April 22, 2013, the City Recorder certified the annexation petition
and delivered notice letters to the "affected entities" required by Utah Code, Section 10-
2-405, and published notice in the Park Record for three consecutive weeks, giving
notice, that the petition had been certified and the required 30-day protest period had
begun; and
WHEREAS, no protests were filed by any "affected entities" or other jurisdictions
within the 30-day protest period and the petition was considered accepted on June 2,
2013; and
WHEREAS, on February 11th and August 12, 2014, written notice was sent to
surrounding property owners, the property was posted, and legal notice was published
in the Park Record providing legal notice of Planning Commission and City Council
hearing dates; and
WHEREAS, the Planning Commission held public hearings on February 26,
2014, August 27, 2014, and September 24, 2014 to receive public input on the
proposed annexation and zoning; and
WHEREAS, on June 26, 2014, the Planning Commission and Staff
circumnavigated the annexation area by van and conducted a site visit to the Gordo
parcel area; and
WHEREAS, on September 24, 2014, the Planning Commission forwarded to City
Council a positive recommendation on the proposed Round Valley Park City Annexation
and the Zoning Map Amendment; and
WHEREAS, on October 30, 2014, the City Council held a public hearing to
receive input on the proposed annexation and zoning; and
WHEREAS, the City Council finds that the requested annexation and zoning map
amendment are consistent with the Park City General Plan; and
WHEREAS, it is in the best interest of Park City, Utah to approve the Annexation
and Park City Zoning Map amendment, as this annexation will bring the City Owned
open space property known as Round Valley Open Space, as well as the deed
restricted Osguthorpe fields and the City and UDOT owned parcels, known as the
Gordo parcels, into the City Limits; and
WHEREAS, an Annexation Agreement, between the City and Petitioners
pursuant to the Land Management Code, Section 15-8-5 (C), setting forth further terms
and conditions of the Annexation shall be executed and recorded at Summit County
with recordation of the Annexation Plat (Exhibit C).
NOW, THEREFORE BE IT ORDAINED by the City Council of Park City, Utah as
follows:
SECTION 1. ANNEXATION APPROVAL. The Property is hereby annexed into
the corporate limits of Park City, Utah according to the Annexation Plat executed in
substantially the same form as is attached hereto as Exhibit A and according to the
Findings of Fact, Conclusions of Law, and Conditions of Approval as stated below.
The Property so annexed shall enjoy the privileges of Park City as described in the
Annexation Agreement attached as Exhibit C and shall be subject -to all City levies and
assessments, conditions, and restrictions as described in the terms of said Annexation
Agreement.
The Property shall be subject to all City laws, rules and regulations upon the effective
date of this Ordinance.
SECTION 2. ANNEXATION AGREEMENT. Council hereby authorizes the
Mayor to execute the Annexation Agreement in substantially the same form as is
attached hereto as Exhibit C and as approved by the City Attorney.
SECTION 3. COMPLIANCE WITH STATE LAW, GENERAL PLAN, AND
ANNEXATION POLICY PLAN. This annexation and the proposed zoning meets the
standards for annexation set forth in Title 10, Chapter 2 of the Utah Code, the Park City
General Plan, and The Annexation Policy Plan - Land Management Code Chapter 8,
Annexation.
SECTION 4. OFFICIAL PARK CITY ZONING MAP AMENDMENT. The Official
Park City Zoning Map is hereby amended to include said Round Valley Park City
Annexation area in the Recreation Open Space (ROS) zoning district and the Frontage
Protection Zone (FPZ), as shown in Exhibit D.
SECTION 5. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
CONDITIONS OF APPROVAL.
Findings of Fact:
1. The annexation petition is a request to annex approximately 1,368 acres into
the Park City municipal boundary and to amend the official zoning map to
include the property in the Recreation Open Space (ROS) zoning district.
2. The Round Valley Park City annexation area is currently located in
unincorporated Summit County.
3. The non -deed restricted "Gordo" parcels, both UDOT and City owned, are
within the Quinn's Junction neighborhood and along the main 248 entry
corridor to Park City.
4. The proposed land uses are consistent with the purpose statements of the
ROS zoning district and the Planning Commission recommends that the
entire annexation area be zoned ROS.
5. The proposed annexation meets the purposes stated in the Annexation
Policy Plan, in that this annexation contributes to the achievement of the
goals and policies of the Park City General Plan and further protects the
general interests and character of Park City.
6. The annexation will bring City owned open space land into the Park City
Municipal boundary and enable services to be provided to the Property, such
as police and community development services, which are more easily
accessible from the City than the County.
7. The annexation does not change or remove any existing deed restrictions or
conservation easements from the Property and only the four lower "Gordo"
parcels are not restricted from development due to deed restrictions and
conservation easements.
8. Annexation of this parcel will not create an island, peninsula, or irregular city
boundary. The annexation is a logical extension of the City Boundary.
9. This property is located within the Park City Annexation Expansion Area,
adopted by the City Council in 2003.
10. Provision of municipal services, such as police, water, and community
development, for this property is more efficiently provided by Park City than
by Summit County, in particular for non -deed restricted "Gordo' parcels.
11. The annexation petition has been reviewed pursuant to Utah Code
Annotated (UCA) Sections 10-2-401, 402, and 403. The annexation petition
requirements set forth in these sections of the UCA have been met; including
issues of 1) contiguity and municipal annexation expansion area, 2)
boundaries drawn along existing local districts, special districts and other
taxing entities, and 3) for the content of the petition.
12. The proposed annexation is consistent with the purpose statements of the
Annexation Policy Plan and will protect the general interests and character of
the community; assure orderly growth and development of the Park City
community in terms of utilities and public services; will preserve open space
and ensure environmental quality; will protect a prominent entry corridor,
view sheds, and environmentally Sensitive Lands; will enhance pedestrian
connectivity and create buffer areas; and will protect the general public
health, safety, and welfare.
13. The City Staff and Review Team have reviewed the proposed annexation
against the general requirements established for annexation to Park City as
presented in LMC Section 15-8-2 and as further described in the Analysis
section of the October 30, 2014, Staff report.
14. No development or subdivision of the land is proposed at this time.
Conclusions of Law:
1. The Annexation and Zoning Map amendment are consistent with
Annexation Policy Plan and the Park City General Plan.
2. Approval of the Annexation and Zoning Map amendment does not
adversely affect the health, safety and welfare of the citizens of Park City.
Conditions of Approval:
1. The Official Zoning Map shall be amended to designate the Round Valley
Park City Annexation parcels zoning as Recreation Open Space (ROS) with
the Entry Corridor Zone (ECZ) along the property frontage with State Road
248.
2. The annexation agreement shall be fully executed and recorded with the
Annexation Plat.
3. All current ROWs will remain under their respective jurisdiction.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon
publication of this Ordinance, recordation of the Annexation Plat and Annexation
Agreement, and compliance with state annexation filing requirements, pursuant to the
Utah Code Annotated Section 10-2-425.
ENACTED this 20" day of April, 2015.
PARK CITY MUNICIPAL CORPORATION
Zck�Thom4as, •'
ATTEST:
Marci Heil, City Recorder
APPROVED AS TO FORM:
Mark D. Harrington, City Attorney
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ROUND VALLEY
CITY ANNEXATION PLAT
LOCATED IN SECTIONS 2% 33, 34 & 35,
TOWNSHIP I SOUTH, RANGE 4 FAST,
AND IN SECTIONS 2 & 3,
TOWNSHIP 2 SOUTH, RANGE 4 EAST,
SALT IAKE BASE &MERIDIAN.
SUMMIT,
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EXHIBIT B
ROUND VALLEY
PARK CITY ANNEXATION PLAT
LOCATED IN SECTIONS A 33. 34 & A
TOWN89P I SOUTH, RANGE 4 PAST,
AND IN SECTIONS 2 & 3,
TOWNSHIP 2 SOUTH, RANGE 4 EAST,
SALT LAKE RASE & MERIDIAN,
SUMMIT COUNTY. UTAH
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EXHIBIT C
When recorded, please return to:
PARK CITY MUNICIPAL CORPORATION
City Recorder
P 0 Box 1480
Park City UT 84060
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is made by and between. Park City
Municipal Corporation (hereinafter, "PCMC" or the "Lity") and Park City Municipal Corporation
(Sponsor), Afton Stephen Osguthorpe, and Utah Department of Transportation (UDOT) (hereinafter,
"Petitioners") to set forth the terms and conditions tinder which Park City will annex certain land
owned by Petitioners (hereinafter, "Round Valley Park City" or "Petitioner's Properties" or
"Annexation Properties"), consisting of approximately 1,368 acres and located in unincorporated
Summit County, Utah, north of State Road 248, east of Old Ranch Road, west of US 40, and south of
the Trailside Neighborhood in unincorporated Summit County. The Round Valley Park City Annexation
Properties consist of multiple parcels grouped into a north area and a south area. Both areas are proposed
to be annexed into Park City's municipal boundaries. The north area includes the 1,1.04 acre north
Round Valley Open Space parcels. The south area includes the 264 acre south Round Valley Open
Space parcels, the 121 acre Osguthorpe owned agricultural fields, and eight small parcels (total of 8.42
acres) located off of SR 248 across from the Quinn's Water Treatment Plant at the intersection of SR
248 and Richardson Flats Road, aka the "Gordo parcels", as depicted on the proposed Annexation Plat
(Exhibit A- annexation plat).
The north parcels are undeveloped open space consisting of rolling hills, ridges, draws, and a
main central valley (Round Valley). Vegetation is primarily sage brush, oak, grasses and other native
trees and shrubs. Numerous non -motorized trails have been constructed in the area, utilized by hikers,
bikers, runners, snowshoers and skiers. Access to these parcels and trails is from various public
trailheads. The south parcels are also undeveloped open space, of similar nature to the north parcels and
contain a network of non -motorized public trails, accessed from a trailhead located south of the Park
City Quinn's Recreation Complex. Agricultural uses are permitted on the Osguthorpe parcel (subject to
a Conservation easement deed and agreement).and will continue to be allowed as an existing non-
conforming use within the ROS zone. (Exhibit B- existing conditions). Two of the eight "Gordo
parcels", located within the south parcel area, are owned by UDOT and are unrestricted, with the
remaining six parcels owned by Park City. Four of the City "Gordo parcels" parcels are encumbered
with deed restrictions limiting use to recreation open space, as described below. Two of the City "Gordo
parcels" are not encumbered with restrictions, as they were purchased by the City, in 2008 for the
purpose of land banking the property to allow time for Council to discuss the best potential uses for the
land which may include; open space, affordable housing or additional areas needed for current
operations on City land, such as recreation and/or public works support.
With the exception of the UDOT parcels and two of the Gordo parcels, the entirety of the
Annexation Properties are subject to conservation easements and/or various deed restrictions, as
110
described below and are intended to stay as open space consistent with applicable restricted covenants
and/or funding source. Most of the property has been purchased by Park City as open space with open
space finds and is permanently restricted for open space uses as spelled out in each deed restriction and
conservation easement (Exhibit C- conservation easement and deed restricted property). The
annexation does not change or remove any of these existing restrictions or casements.
Together, the annexation of these parcels shall be referred to as the Round Valley Park City
Annexation; the petition to annex these parcels shall be referred to as the "Annexation Petition;" and
both the north and south areas shall be referred to as the "Annexation Property" or "Annexation
Properties." The Round Valley Park City Annexation Petition requests annexation into the corporate
limits of Park City and extension of municipal services to the Annexation Property as needed for
anticipated future uses. The City and Petitioner are sometimes collectively referred to in this Agreement
as the "Parties" or individually as a "Party". This Agreement is made under authority of §§ 10-2-401 et.
Seq. of the Utah Code, Annotated 1953, as amended "MLUDIVMA").
WHEREAS, the Round Valley Park City Annexation includes the following parcels:
PARK CITY MUNICIPAL CORPORATION LAND, AS FOLLOWS:
SECTION 28, TOWNSHIP 1 SOUTH,
RANGE 4 EAST, SALT LAKE
BASE &
MERIDIAN:
* SUMMIT COUNTY TAX SERIAL NO.
SS-59-X (PCMC)
SECTION 33, TOWNSHIP 1 SOUTH,
RANGE 4 EAST, SALT LAKE
BASE &
MERIDIAN:
* SUMMIT COUNTY TAX SERIAL NO.
SS-61-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-61-C-X (PCMC)
SUMMIT COUNTY TAX SERIAL NO.
SS-61-D-X (PCMC)
SUMMIT COUNTY TAX SERIAL NO.
SS-61-E-X (PCMC)
* SUMMIT COUNTY TAX SERIAL, NO.
SS-61-F-X (PCMC)
SECTION 34, TOWNSHIP 1 SOUTH,
RANGE 4 EAST, SALT LAKE
BASE &
MERIDIAN:
* SUMMIT COUNTY TAX SERIAL NO.
SS-62-A-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO:
SS-62-B-X (PCMC)
SUMMIT COUNTY TAX SERIAL NO.
SS-62-C-X (PCMC)
k SUMMIT COUNTY TAX SERIAL NO.
SS-62-D-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-62-E-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-62-G-X (PCMC)
SUMMIT COUNTY TAX SERIAL NO.
SS-62-A-1-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-62-A-1-A-X (PCMC)
SECTION 2, TOWNSHIP 2 SOUTH,
RANGE 4 EAST, SALT LAKE
BASE &
MERIDIAN:
SUMMIT COUNTY TAX SERIAL NO.
SS-92-A-X (U.S.A., INTERIOR DEPT.)
SUMMIT COUNTY TAX SERIAL NO.
SS-92-A-X-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-92-A-1-X (UDOT)
SUMMIT COUNTY TAX SERIAL NO.
SS-95-A-X (UDOT)
` SUMMIT COUNTY TAX SERIAL NO.
SS-95-B-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO.
SS-95-C-1-X (PCMC)
ill
* SUMMIT COUNTY TAX SERIAL NO.
* SUMMIT COUNTY TAX SERIAL NO,
SUMMIT COUNTY TAX SERIAL NO.
SUMMIT COUNTY TAX SERIAL NO.
SUMMIT COUNTY TAX SERIAL NO,
SECTION 3, TOWNSHIP 2 SOUTH,
MERIDIAN:
SS-95-C-X (UDOT)
SS-95-D-X (PCMC)
SS-95-E-X (PCMC)
SS-95-1-X (PCMC)
SS-95-N-X (PCMC)
RANGE 4 EAST,
SALT LAKE BASE &
* SUMMIT COUNTY TAX SERIAL NO. SS-97-A-1-X (PCMC)
* SUMMIT COUNTY TAX SERIAL NO. SS-98 (STEPHEN A. OSGUTHORPE,
TRUSTEE)
WHEREAS, in furtherance of the foregoing, the Petitioners desire to annex the Round Valley
Park City property into the corporate limits of the City and, to that end, a complete Annexation Petition
for the Annexation Property was filed with the City on March 11, 2013. The Annexation Petition was
accepted by the City Council on March 21, 2013, and certified by the City Recorder on April 22, 2013.
The first public hearing was conducted by the Planning Commission on February 26, 2014. A
subsequent public hearing was conducted by the Planning Commission on August 27, 2014 and a
recommendation was forwarded to the City Council on September 24, 2014.
WHEREAS, in connection with the Round Valley Park City Annexation, the entire Annexation
Property is proposed to be zoned Recreation Open Space (ROS). The purpose of the ROS zone is to
establish and preserve open space areas, covered with vegetation and substantially free from structures,
streets, and parking lots. The ROS zone permits as allowed, and as conditional, recreational uses, such
as trails and trailheads; outdoor recreation equipment; essential municipal public utility use, service or
structures; accessory buildings; agricultural and conservation activities; raising and grazing of horses
and livestock; and a wide variety of recreation facilities. The ROS zoning district is more frilly described
in the City's Land Management Code, Section 15-2.7.
NOW, THEREFORE, in furtherance of the Annexation Petition, in consideration of City's action
to annex Petitioner's property, and in consideration of the mutual promises contained herein, as well as
the mutual benefits to be derived here from, the Parties agree that the terms and conditions of the Round
Valley Park City Annexation shall be as follows:
1. Pro er . The Round Valley Park City Annexation Properties to be annexed consist of
approximately 1,368 acres in area, as depicted on the annexation plat attached as Exhibit A (the
"Annexation Plat") and as more fully described in the legal descriptions on. Sheet Two.
2. Zoning, Upon Annexation, the Round Valley Park City parcels will be zoned Recreation
Open Space (ROS) and Frontage Protection Zone (FPZ), for those properties with frontage on State
Road 248. The official zoning map of Park City shall be amended to include these properties and zoning
designations (see Exhibit D- Zoning Map amendment).
3. Subdivision; Density and Phasing. With the exception of the UDOT parcels and
Parcels SS-95-I-X and SS-95-B-X, the two one acre City owned "Gordo parcels", the Annexation
Property is subject to various deed restrictions and/or Conservation Easements described below.
112
Uses of the Park City Round Valley Annexation Properties must comply with the ROS zoning and
existing deed restrictions and conservation easements on record with Summit Coumty. Future
development of the unrestricted City and UDOT "Gordo parcels" may require a separate Subdivision
Plat depending on the uses proposed and whether future building permits require legally platted lots.
Uses consistent with the ROS zone, including Essential Municipal Public Utility, Use, Facility, Service,
and Structures, shall be permitted subject to approval of a Conditional Use Permit, as required by the
Land Management Code. Further restrictions of the property may be included in the conditions of
approval of any required Subdivision plat and/or Conditional Use Permit.
The land use development of the Property shall be governed by this Annexation Agreement, all existing
and recorded deed restrictions and conservation easements described herein, the ROS and FPZ zoning
designation provided herein, and by any required Subdivision Plat conditions of approval.
Construction and alignment of any required sanitary sewer line extensions and any required storm water
detention facilities shall be established as part of any required Subdivision Plat for the Property (to be as
accepted by the City and filed in the official real estate records of Summit County, Utah, the
"Subdivision Plat"). The preferred alignment of any required sanitary sewer and/or on -site storm water
detention facilities, or alternatives, as approved by the Park City Engineer, shall be that alignment and/or
location which results in the least visual impact and site disturbance while meeting the site design and
construction requirements of the Snyderville Basin Water Reclamation District and City Engineer. The
timing for construction of storm water detention facilities shall be determined by the City Engineer, (the
"Storm Detention Facilities"). Maintenance of on -site storm water detention facilities will be the
responsibility of the Property Owner.
Subject to fulfillment of all the conditions of the Subdivision Ordinance and, further, Park City's final
approval of the construction of any such public improvements, those water facilities, utilities, fire
hydrants, and easements as may be agreed by Parties in connection with the Subdivision Plat review and
approval process (the "Public Improvements"), shall be conveyed and dedicated to the City, for public
purposes.
4. Trails and Sidewalks. Any obligations or guarantees with respect to the construction of
trails and sidewalks on the Property shall be consistent with the City's Trails Master Plan.
5. Fire Prevention Measures. Because of potential wild land interface issues on the
Petitioner's Property, the Petitioner (or, as specified in connection with any such assignment, its assigns)
agrees to implement a fire protection and emergency access plan, to be submitted prior to the issuance of
any building permits, to be reviewed and approved by the Fire Marshall and Chief Building Official for
compliance with applicable building and fire codes. Such plan may include a requirement for fire
sprinkler systems for all structures. Fire and emergency access and fire hydrants shall be installed as
required by the fire protection plan prior to issuance of any full building permits on the Property.
6. Roads and Road Design. No public streets are proposed to be constructed on any of the
Petitioner's Property. Any roads incorporated as part of this annexation will remain under their current
jurisdiction. Any changes to road ownership must follow a separate process as defined in the state
statutes.
113
7. Water Rights. Pursuant to the Annexation Petition Report (Exhibit E- annexation
petition report) known water rights associated with the Annexation Properties are limited to the
Osguthorpe Parcel (SS-98-X) with 102 acre feet within an 1878 priority. The Osguthorpe Parcel was
placed in a conservation easement in 2010, removing development rights and ensuring agricultural use
of the property. Park City Municipal Corporation has first right of refusal for purchase or lease of the
property.
8. Affordable Housing Requirement. Affordable/employee housing shall be provided in a
manner consistent with the City's Affordable Housing Resolution 20-07 to be determined at the time
any required Subdivision Plat is approved by the City Council depending on uses proposed.
9. Sustainable Development requirements. All construction within any required
Subdivision shall utilize sustainable site design, development and building practices and otherwise
comply with requirements of the ROS Zone.
10. Planning Review Fees. Property Owners within the Annexation Property shall be
responsible for all standard and customary fees, including generally -applicable planning, building,
subdivision and construction inspection fees imposed by the City in accordance with the Park City Land
Management Code, Park City Administrative Policy and the Park City Municipal Code.
11. Impact and Building Fees. Lot owners of lots within any future subdivision shall be
responsible for all standard and customary, and generally -applicable, fees, such as development, impact,
park and recreation land acquisition, building permit and plan check fees due and payable for
construction on the Property at the time of application for any building permits, unless such fees are
waived by the City Council or City Manager. Ownership of water rights shall not change the application
of the Impact Fee Ordinance to the Property.
12. Snow Removal and Storage. Snow removal from private roads shall be the
responsibility of the Property Owners. Park City shall not be obligated to remove snow from private
sidewalks or trails unless such sidewalks or trails are classified as part of a community trail system and
incorporated into the City wide snow removal program.
13. Fiscal Impact Analysis. The revised Annexation Report, prepared by Alliance
Engineering for the Petitioners, dated .Tune 17, 2013, included a Fiscal Impact Analysis that has been
reviewed by the Planning Staff and Planning Commission. The Fiscal Impact Analysis concludes that
the Annexation will not alter any existing or projected demographic or economic conditions in the Park
City area, or within the Annexation Properties, as there is no population or economic base within the
Annexation Properties at the time of this annexation. Projected revenue as a result of this annexation is
negligible as no revenue generating activities are proposed. The annexation will not result in an overall
negative impact on the City or School District.
1.4. Effective Date. This Annexation Agreement is effective rnpon recordation of the
annexation plat and the filing and recordation of the annexation ordinance, and further, the City provides
notice of the recordation to the parties of this Annexation Agreement.
114
15. Governing Law; Jurisdiction and Venue. The laws of the State of Utah shall govern
this Annexation Agreement. The City and Petitioners agree that jurisdiction and venue are proper in
Summit County.
16. Real Covenant, Equitable Servitude. This Annexation Agreement constitutes a real
covenant and an equitable servitude on the Properties. The terms of this Agreement touch and concern
and both benefit and burden the Property. The benefits and burdens of this Agreement run with the land,
and are intended to bind all successors in interest to any portion of the .Property. This Agreement, a
certified copy of the ordinance approving the Annexation (the "Annexation Ordinance"), and the
Annexation Plat shall be recorded in the County Recorder's Office of Summit County, Utah.
17. Assignment. Neither this Agreement nor any of the provisions, terms or conditions
hereof may be assigned to any other party, individual or entity without assigning the rights as well as the
responsibilities under this Agreement and without the prior written consent of the City, which consent
shall not be unreasonably withheld, conditioned or delayed. Any such request for assignment may be
made by letter addressed to the City and the prior written consent of the City may also be evidenced by
letter from the City to Petitioners or its successors or assigns; provided that, notwithstanding the
foregoing, the City hereby consents to the assignment of the rights and responsibilities, and the benefits,
of this Agreement, in whole or in part, upon written notice to the City; and provided that, in connection
with and to the extent of any such assignment, Petitioners shall not have any further rights or
responsibilities under this Agreement as and to the extent accruing from and after the date of any such.
assignment. Moreover, any substantive amendments to this Annexation Agreement shall be processed in
accordance with the Park City Land Management Code and MLUDMA in effect at the time an
application for amendment is filed with the City Planning Department.
18. Compliance with City Code. Notwithstanding Paragraph 1.9 of this Agreement, from
the time the Park City Council (the "City Council") approves of this Agreement and upon completion of
the Annexation by recordation of the annexation plat with the County Recorder's Office of Summit
County, Utah, the Property shall be subject to compliance with any and all City Codes and Regulations
pertaining to the Property.
19. Full Agreement. This Agreement, together with the recitals and exhibits attached to this
Agreement (which are incorporated in and made a part of this Agreement by this reference), and the
written agreements expressly referenced herein, contain the full and complete agreement of the Parties
regarding the Annexation of the Annexation Properties into the City. Only a written instrument signed
by all Parties, or their successors or assigns, may amend this Annexation Agreement.
20. No Joint Venture, Partnership or Third Party Rights. This Agreement does not
create any joint venture, partnership, undertaking or business arrangement among the Parties. Except as
otherwise specified herein, this Agreement, the rights and benefits under this Agreement, and the terms
or conditions hereof, shall not inure to the benefit of any third party.
21. Vested Rights. Subject to the provisions of this Agreement, Petitioners (or their assigns)
shall have the right to propose fixture uses, whether allowed or conditioned uses, in accordance with this
Annexation Agreement, all existing or future deed restrictions and conservation easements as described
herein, the ROS Zoning, and where applicable the Frontage Protection Zoning (FPZ), Regulations in
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effect at the time any proposal for future use is submitted to the City, and any conditions of approval of
a Subdivision Plat, if such plat is required, subject to and in compliance with other applicable ordinances
and regulations of Park City,
22. Nature of Obligations of Petitioners. Petitioners are liable for performance of the
obligations imposed under this Agreement only with respect to the portion of property which it owns
and shall not have any liability with respect to the portion of the property owned by the City.
23. Severability. If any part or provision of this Annexation Agreement shall be determined
to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a
decision shall not affect any other part or provision of this Annexation Agreement except that specific
provision determined to be unconstitutional, invalid, or enforceable. If any condition, covenant or other
provision of the Annexation Agreement 'shall be deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extent of the scope or breadth permitted by the law.
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of the
_ day of 2014.
(Signatures begin on following page)
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PARK CITY MUNICIPAL CORPORATION,
A political subdivision of the State of Utah
By: _
Jack Thomas, Mayor
Dated this day of 2014.
ATTEST: City Clerk
By:
Marci Heil, City Recorder
Dated this day of 2014.
APPROVED AS TO FORM:
Mark Harrington, City Attorney
Dated this day of 2014.
Park City Municipal Corporation, Petitioner
ma
Name:
Dated this day of 2014
Acknowledgement (notary)
Afton Stephen Osguthorpe Family Trust, Petitioner
By:
Name:
Dated this day of 2014
Acknowledgement (notary)
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UDOT, Petitioner
10
Name:
Dated this__ day of 2014
Acknowledgement (notary)
Exhibits (see staff report for these exhibits- will be attached to Annexation Agreement for
publication and recordation)
A. Annexation Plat and Legal Descriptions
B. Existing Conditions Map
C. Conservation Easement and Deed Restricted Property Map
D. Zoning Map Amendment
E. Annexation Petition Report
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