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SYRACUSE CITY Syracuse City Council Special Meeting Agenda June 26, 2018 – 6:00 p.m.
City Council Conference Room Municipal Building, 1979 W. 1900 S.
1. Meeting called to order.
2. Public hearing: Proposed Ordinance 2018-08 declaring the annexation of 115.3 acres of property located at approximately
2600 W. 1300 S. into the City of Syracuse, Davis County, Utah, and establishing zoning for the property.
3. Public hearing: Proposed Ordinance 2018-12 declaring the annexation of 6.23 acres of property located at approximately 2866 S. 3000 W. into the City of Syracuse, Davis County, Utah, and establishing zoning for the property.
4. Adjourn.
~~~~~ In compliance with the Americans Disabilities Act, persons needing auxiliary communicative aids and services for this meeting should contact the City Offices at 801-825-1477 at least 48 hours in advance of the meeting.
CERTIFICATE OF POSTING The undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was posted within the Syracuse City limits on this 21st day of June, 2018 at Syracuse City Hall on the City Hall Notice Board and at http://www.syracuseut.com/. A copy was also provided to the Standard-Examiner on June 21, 2018. CASSIE Z. BROWN, MMC SYRACUSE CITY RECORDER
Agenda Item #2 Proposed Annexation by C.W. Land, located approximately 2600 W 3900 S (Gentile St.)
COUNCIL AGENDA June 26, 2018
Summary
The city has received a request to annex 115.3 acres from developers C.W. Land. The property is located approximately 2600 W 3900 S (Gentile St.) west of the ski lakes. The land is owned by the Cook and Green families. There are four parcels in total. Representatives from both the Cook and Green families have signed the annexation petition.
The property is currently being actively farmed with various crops such as corn and hay. There is no curb and gutter and there is an open irrigation ditch on the north edge of Gentile. The road has not been improved to its full 66' width and there is no sidewalk. Utilities would come from the north from Syracuse Meadows subdivision or from the east from Still Water subdivision. The southern half of the parcels have limited sewer serviceability since the city does not allow sewer lift pumps.
The city's trails master plan identifies a 10' asphalt trail and parallel bark mulch equestrian path running along the north border of Gentile. The trail also identifies a bike lane running east/west along Gentile and also a second 10' asphalt trail running east/west along the north boundary of the proposed annexation.
The developer is proposing to build an R-1 cluster residential subdivision. Standard R-1 allows for a 12,000 square foot lot with a required lot width of 100'. The cluster allows a 7,000 square foot lot with a 60' frontage but also requires 10 % to be developed as common space with amenities. Max density is 2.3 units per gross acre in both zones. The General Plan is R-1 and it is proposed that the R-1 zoning be applied to the property upon annexation. The cluster use is granted by a major conditional use permit that would be applied for and approved by the Planning Commission at a future date.
The annexation petition has been accepted and certified by the City Council and the city recorder. The certification process involves notifying the affected stakeholders including the sewer district, school district, Davis County, and the mosquito abatement district. The process also includes a comment waiting period. This period is now over and the City Council is clear to approve the annexation via ordinance after a recommendation by the Planning Commission. The Planning Commission reviewed this in thier meeting on 6/5/18 and voted to forward a positive recommendation for annexation with a vote of 4-1. The City Council tabled this item on 6/12/18 to gather additional information concerning water shares that would be dedicated to the city pursuant to the annexation agreement.
Suggested Motion Language
Approval – “I move to annex 115.3 acres owned by the Cook and Green families located approximately 2600 W 3900 S. (Gentile) and the (list zone name) zoning be applied - optional: with the following conditions: (list conditions)
Table – “I move to table the annexation of 115.3acres owned by Cook and Green families located approximately 2600 W 3900 S.. until (give date) basedon the following findings:1. (list findings)”
Denial – ““I move that the City Council deny annexation of 115.3 acres owned by the Cook and Green families located approximately 2600 W 3900 S. based on the followingfindings:
1. (list findings).”
ORDINANCE NO. 18-xx
AN ORDINANCE DECLARING THE ANNEXATION OF 115.3 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 2600 W 3900 S INTO THE CITY OF SYRACUSE, DAVIS COUNTY, UTAH, ESTABLISHING ZONING FOR THE PROPERTY, AND AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT.
WHEREAS, a majority of the owners of real property and the owners of not less than one-third of the real property as shown on the last assessment rolls in territory lying contiguous to Syracuse City have petitioned the City for annexation; and
WHEREAS, the petition was accompanied by an accurate plat or map of the territory to be annexed, prepared under the supervision of the Syracuse City Engineer or a competent surveyor and certified by the Engineer or surveyor; and
WHEREAS, the petition and plat map have been filed in the office of the Syracuse City
Recorder, which include four separate parcels; and WHEREAS, notice of intent was advertised as provided by state law with no protests
having been received within the 30-day protest period; and WHEREAS, the City Council held a public hearing with notice provided to the residents
of the affected territory and adjacent property owners; and WHEREAS, an Annexation Agreement has been prepared and executed by the
petitioners, governing the annexation of the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SYRACUSE CITY, STATE OF UTAH, AS FOLLOWS:
Section 1. Annexation. The property described in Exhibit “A” is hereby declared annexed into the City of Syracuse, Utah.
Section 2. Authorization to Execute Agreement. The Mayor is hereby authorized
by the City Council to execute the Annexation Agreement, which is included as Exhibit “B.” Section 3. Zoning. The property being annexed into Syracuse City is hereby zoned
as follows: Parcels 12-103-0040 and 12-103-0038 shall be designated R-1; and Parcels 12-103-0039 and 12-103-0041 shall be designated A-1.
Section 3. Severability. If any section, part or provision of this Ordinance is held
invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.
Section 4. Effective Date. This Ordinance shall become effective immediately after publication or posting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SYRACUSE CITY,
STATE OF UTAH, THIS 12th DAY OF JUNE, 2018.
SYRACUSE CITY
ATTEST:
Cassie Z. Brown, MMC Mayor Mike Gailey City Recorder
Voting by the City Council:
“AYE” “NAY”
Councilmember Anderson _
Councilmember Bolduc _
Councilmember Maughan _
Councilmember Peterson _
Councilmember Savage _
Exhibit A
VICINITY MAP
ENTRY NO. 3002336DATE: 2/14/17ANNEXATION
S89°40'00"E
1990.44'
S0°11'21"W
2630.53'
S0°11'21"W
33.00'
N89°48'19"W
805.61'
N
6
7
°
4
7
'
3
1
"
W
1
2
7
7
.
8
8
'
N0°11'08"E
2189.36'
CORP. OFPRESIDING BISHOP
OF LDS CHURCH12-103-0021
CORP. OFPRESIDING BISHOP
OF LDS CHURCH12-103-0021
UTAHDEPT. OF
TRANSPORTATION12-103-0023
DALE D.CLARK - ETAL
12-103-0058
LEN J.
COOK
12-103-0038
BRENT S.
COOK
12-103-0040
CAROLYN C.
GREEN
12-103-0041
CAROLYN C.
GREEN
12-103-0039
AREA OF ANNEXATION
115.30± ACRES
SYRACUSECITY
12-103-0080
33.0'
33.0'
CW LAND CO.
6903/1496
WOODSIDE HOMES OF UTAH, LLC
12-103-0084
WOODSIDE HOMES OF UTAH, LLC12-103-0086
SYRACUSE CITY12-103-0087
1 inch = ft.( IN FEET )
GRAPHIC SCALE
400
___________________FEE $ COUNTY RECORDER
___________________________________
RECORDED #______________________STATE OF UTAH, COUNTY OF DAVISRECORDED AND FILED AT THE REQUEST OF __________________________________________
DATE_____________ TIME _________________ BOOK ____________ PAGE ____________
SYRACUSE CITY ENGINEER
FOCUSãENGINEERING AND SURVEYING, LLC
32 WEST CENTER STREETMIDVALE, UTAH 84047 PH: (801) 352-0075
www.focusutah.com
SURVEYOR'S CERTIFICATEI, Spencer W. Llewelyn, do hereby certify that I am a Professional Land Surveyor, and that I holdCertificate No. 10516507 in accordance with Title 58, Chapter 22 of Utah State Code. I furthercertify that this Plat is a true and accurate map of the tract of land to be annexed into Syracuse City,Utah.
Spencer W. Llewelyn DateProfessional Land SurveyorCertificate No. 10516507
BOUNDARY DESCRIPTION
SYRACUSE CITY APPROVAL
I HEREBY CERTIFY THAT THE REQUIREMENTS OF ALL APPLICABLE STATUSES ANDORDINANCES PREREQUISITE TO APPROVAL BY THE CITY ENGINEER OF THEFOREGOING PLAT AND DEDICATIONS HAVE BEEN COMPLIED WITH.
________________________________ ________________________________DATE CITY ENGINEER
I, CERTIFY THAT I AM THE DULY APPROVED QUALIFIED AND ACTING CITYRECORDER OF SYRACUSE CITY, A MUNICIPAL CORPORATION OF UTAH, AND THATTHE FOREGOING PLAT OF LANDS SOUGHT TO BE ANNEXED TO SAID CITY, WITH APETITION OF THE MAJORITY OF THE PROPERTY OWNERS OF THE REAL PROPERTYEMBRACED THEREIN FOR SUCH ANNEXATION WERE FILED IN MY OFFICE ON THE_________ DAY OF _____________________, 2016 THAT THE QUESTION OF SUCHANNEXATION WAS DULY SUBMITTED TO AND VOTED ON BY THE CITY COUNCILOF SYRACUSE CITY AT IT'S MEETING CONVENED AND HELD ON THE_______________ DAY OF ___________________, 2016. THAT ON SUCH VOTE MORETHAN TWO THIRDS OF ALL MEMBERS OF SAID COUNCIL VOTED IN FAVOR OF SAIDANNEXATION; AND THAT THE FOREGOING PLAT IS THE PLAT REFERRED TO INSYRACUSE CITY ORDINANCE NO. ______________________ DULY ORDAINED BY SAIDCOUNCIL ON _____________ DAY OF ____________________, 2016, DECLARING SAIDANNEXATION.
WITNESS MY HAND AND SEAL THIS _________ DAY OF ___________________________,2016
________________________________ ________________________________SYRACUSE CITY RECORDER SYRACUSE CITY MAYOR
DAVIS COUNTY SURVEYORTHIS PLAT IS HEREBY APPROVED AS A FINAL LOCAL ENTITY PLAT AS REQUIREDBY UTAH CODE 17-23-20 APPROVED THIS _____ DAY OF ____________________, 2016.
___________________________________DAVIS COUNTY SURVEYOR
PLAN OF ANNEXATIONINTO
THE CORPORATE LIMITS OF SYRACUSE CITYLOCATED IN THE SE1/4 & SW1/4 OF SECTION 21, T4N, R2W, SLB&M
SYRACUSE CITY,DAVIS COUNTY, UTAH
A portion of the SE1/4 and SW1/4 of Section 21 & the NE1/4 and NW1/4 of Section 28,Township 4 North, Range 2 West, Salt Lake Base and Meridian, more particularly described asfollows:
Beginning at a point on the current corporate limits of Syracuse City located S89°48'16”Ealong the Section line 336.33 feet from the South 1/4 Corner of Section 21, T4N, R2W, SLB&M;thence S0°11'21”W along said corporate limits 33.00 feet; thence N89°48'19"W parallel with and33.00 south of the Section line 805.61 feet; thence N67°47'31”W 1,277.88 feet to the 1/16th (40acre) line; thence N00°11'08"E along the 1/16th (40 acre) line 2,189.36 feet to the 1/4 Section line;thence S89°40'00"E along the section line and along the current corporate limits of Syracuse City1,990.44 feet; thence S00°11'21"W along the current corporate limits of Syracuse City 2,630.53 feetto the Section line to the point of beginning.
Contains: 115.30 acres+/-
SOUTH 1/4 CORNER
OF SECTION 21,
T4N, R2W, SLB&M
SOUTHEAST CORNER
OF SECTION 21,
T4N, R2W, SLB&M
21
28
BASIS OF BEARING: S89°48'19"E (SECTION LINE) 2654.00' (RECORD)
3700 SOUTH (GENTILE ST.)
HATCHED LINE REPRESENTSCURRENT CITY LIMITS
21
28
22
27
S89°48'19"E (SECTION LINE) 2654.00' (RECORD)
20
29
21
28
SOUTHWEST CORNER
OF SECTION 21,
T4N, R2W, SLB&M
S89°48'19"E 336.33 (TIE)
CENTERLINE OFGENTILE STREET PAVEMENT
Exhibit B
ANNEXATION AGREEMENT FOR PROPERTIES
LOCATED AT APPROXIMATELY 2700 WEST GENTILE STREET,
DAVIS COUNTY, UTAH
This Annexation Agreement (“Agreement”) is made and entered into as of this
day of , 2018, by and between CW LAND CO, LLC, a Utah Municipal
Limited Liability Company (the “Developer”), LEO J. COOK and MARLENE C. COOK,
(“Leo & Marlene”), the property owners of the western parcel, BRENT S. COOK and JUDY
K. COOK, (“Brent & Judy”), the property owners of the eastern parcel, and SYRACUSE
CITY, a municipality and political subdivision of the State of Utah (the “City”). The Developer,
Leo & Marlene, and Brent & Judy may be collectively referred to as the “Petitioners” in this
Agreement, and all of the parties may be referred to as the “Parties.”
RECITALS:
A. Leo & Marlene own a parcel of land located at approximately 2750 West Gentile
Street approximately 29.63 acres in size, identified in Davis County records as Parcel ID #12-103-
0038 (the “Western Parcel”). Brent & Judy own a parcel of land located at approximately 2700
West Gentile Street approximately 29.63 acres in size, identified in Davis County records as Parcel
ID #12-103-0040 (the “Eastern Parcel”). The two parcels will be collectively referred to as the
“Development.” A map identifying the parcels is attached hereto as “Exhibit A,” and incorporated
by this reference.
B. The Petitioners have applied for Annexation into the City, which application the
City Council accepted on November 28, 2017, and which application is under consideration for
approval by the City Council.
C. The annexation application also includes two parcels to the East owned by Carolyn
Green. Those two parcels are not included as part of this Annexation Agreement.
D. The Petitioners and City agree that there exists an opportunity to establish
additional housing in the Development, consistent with the City’s overall plan to provide quality
housing and infrastructure to its residents.
NOW THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Petitioners and the City hereby agree to the following:
ARTICLE I
DEFINITIONS
The following terms are defined as follows:
1.1 “City” means Syracuse City, a body corporate and politic of the State of Utah, with
a principal office located at 1979 West 1900 South, Syracuse, UT 84075.
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1.2 “City Standards and Specifications” means the local minimum standards and
specifications required by Syracuse Municipal Code § 8.15.020;
1.3 “Concept Plan” means the concept plan for the Development attached hereto as
Exhibit C.
1.4 “Developer” means CW Land Co., LLC, a Utah limited liability company.
1.5 “Development” means the combined plan for the 2866 Parcel and the 2888 Parcel.
1.6 “Eastern Parcel” means a parcel of land located at approximately 2700 West
Gentile Street approximately 29.63 acres in size, identified in Davis County records as Parcel ID
#12-103-0040.
1.7 “Petitioners” means the owners of the Eastern Parcel, and Western Parcel, along
with the Developer.
1.8 “Western Parcel” means a parcel of land located at approximately 2750 West
Gentile Street approximately 29.63 acres in size, identified in Davis County records as Parcel ID
#12-103-0038.
ARTICLE II
CONDITIONS PRECEDENT
2.1 Council Approval Required. This Agreement shall not take effect until City has
approved this Agreement pursuant to a resolution of the Syracuse City Council.
2.2 Restrictions of Use. Petitioners and City agree to restrict the uses of the
development as provided in this Agreement and the zoning restrictions ultimately adopted by the
City governing the Development, and to provide such amenities as are set forth in this Agreement,
City code, and submitted documents in connection to land use applications.
ARTICLE III
PRELIMINARY PROVISIONS
3.1 Property Affected by this Agreement. The legal descriptions of the Eastern
Parcel and Western Parcel, to which this Agreement applies, are attached as “Exhibit B,” and
incorporated by reference.
3.2 Termination of this Agreement. This Agreement may be terminated by the
Parties by mutual, written consent. Such termination shall require the approval of the City Council.
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3.3 Development Rights. Upon execution of this Agreement by the parties, and unless
otherwise provided for in this Agreement, the Petitioners shall be entitled to construct a subdivision
in accordance with the designated zoning for the Development. The Development shall be in
compliance with codes in effect at the time of the land use applications, and in accordance with
the provisions of this Agreement.
ARTICLE IV
CITY’S UNDERTAKINGS
4.1 Changes to General Plan and Zoning. Subject to the satisfaction of the
conditions set forth in Article II, City shall designate the zoning of the Development, upon
annexation, as R-1 Residential. The failure of the City to provide this designation shall invalidate
the annexation as a matter of law, at the Petitioner’s option, and terminate this Agreement. The
Petitioners’ decision of whether to invalidate the annexation and terminate the agreement shall be
made within thirty (30) days of the City’s failure to make the designation. The termination of this
Agreement and invalidation of the annexation shall be the Petitioners’ sole remedy, in such an
event.
4.2 No Guarantee of R-1 Cluster Designation. Under Syracuse City Code, R-1
Cluster developments are conditional uses of the R-1 Zone. As such, any development that utilizes
the R-1 Cluster will be required to meet the required conditions of that designation. Zoning
designation of R-1 does not guarantee the development of an R-1 Cluster development.
4.3 Findings. Any annexation or zoning amendment shall occur upon a finding by the
City Council that it is in the best interest of the health, safety and welfare of the citizens of the City
to make such a change at this time.
4.4 Dedicated Land. When the Petitioners or their successors apply for a final plat for
any part of the Development, then the following shall apply, conditioned upon their conveyance
of the land and water shared identified in Subsection 5.1(C):
(A) The City shall, for purposes of considering a subsequent conditional use application
for a R-1 Cluster use designation for the Development, deem the requirements of
Subsection (H) of Section 10.80.020 of the Syracuse Municipal Code as having been met.
(B) The City shall not require the establishment of common space or additional open space
for the Development as part of the R-1 Cluster application.
(C) This subsection does not apply to the development of any land outside that designated
in this Agreement as the Development.
The failure of Petitioners or their successors to dedicate the land and water shares as
provided in Subsection 5.1(C), shall result in the immediate invalidation of the final plat, at the
City’s sole option. The Petitioners or their successors hereby waive any legal challenge or appeal
from such an invalidation that results from the failure to dedicate the land and water shares.
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ARTICLE V
PETITIONERS’ UNDERTAKINGS
5.1 Petitioners’ Obligations. Conditioned upon City’s performance of its
undertakings set forth in Article IV, and provided Petitioners have not terminated this Agreement
pursuant to Section 7.1, Petitioners agree to the following:
(A) City Utilities. The Development shall be connected to City utilities. Specifically, it shall
connect to the City’s culinary water, secondary water, storm drain, and sewer. If
basements are desired, it shall also connect to the City’s land drain system.
(B) Waterline Looping. No more than fifteen lots may be fed off a single culinary or
secondary water feed at any point during development. If more than fifteen lots are
established in the Development, culinary and secondary waterlines must be looped to
provide a minimum of two feeds.
(C) Dedication. The Petitioners shall, within ninety days of recordation of the final plat for
any portion of the Development, dedicate approximately 28.11 acres of land, and water
shares guaranteeing 52 acre-feet of water deliverable to the dedicated property (from either
Layton Canal Company, Davis & Weber Canal Company, or a combination of the two) to
the City, in fee simple, subject only to encumbrances and easements of record. Dedication
shall be accomplished via quitclaim deeds in a format acceptable to the Davis County
Recorder’s Office. This dedication shall not count toward the water shares required to
develop the remainder of the Development. The legal description of the land to be
dedicated to the City is attached to this Agreement as Exhibit D.
(D) No Sewer or Lift Stations. Petitioners agree to complete their development using only
gravity flow sewer systems. No pumping or lift stations shall be permitted in the
Development.
(E) Sensitive Overlay. The Petitioners shall comply with all requirements associated with
development in the City’s Sensitive Overlay for the protection and preservation of
wetlands.
(F) Proposed Concept Plan. The Development shall be substantially similar to the Proposed
Concept Plan. It is recognized that minor adjustments to the Concept Plan will be
necessary during zoning and preliminary plan approval, accommodating changes in
infrastructure, engineering, or adjustments to enhance utility and connectivity. Approval
of this Agreement shall not be interpreted to entitle Petitioners to a specific approval by
the City of a layout for purposes of the preliminary or final plats governing the
Development.
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(G) Compliance with law. The Parties agree to be bound by all City and State rules,
regulations, and codes.
(H) No Pre-Approval. The enumerations in this Agreement are not to be construed as
approvals thereof except as specifically provided herein, as any required land use
approval process must be pursued independent hereof.
(I) Conflicts. Any conflict between the provisions of this Agreement and the City’s codified
requirements shall be resolved in favor of this Agreement.
ARTICLE VI
GENERAL REQUIREMENTS AND RIGHTS OF THE CITY
6.1 Issuance of Permits. Petitioners, or their assignees, shall have the sole
responsibility for obtaining all necessary building permits in connection with Petitioners’
Undertakings and shall make application for such permits directly to the Syracuse City Community
and Economic Development Department and other appropriate departments and agencies having
authority to issue such permits in connection with the performance of Petitioners’ Undertakings.
City shall not unreasonably withhold or delay the issuance of its permits.
6.2 Completion. The Petitioners shall, in good faith, reasonably pursue completion of
the Development. Each phase or completed portion of the project must independently meet the
requirements of this Agreement and the City’s ordinances and regulations, such that it will stand
alone, if no further work takes place on the project.
6.3 Access to the Development. For purposes of assuring compliance with this
Agreement, so long as they comply with all safety rules of Petitioners and their contractor(s),
representatives of City shall have the right of access to the Development without charges or fees
during the period of performance of Petitioners’ Undertakings. City shall indemnify, defend, and
hold Petitioners harmless from and against all liability, loss, damage, costs or expenses (including
attorneys’ fees and court costs) arising from or as a result of the death of a person or any accident,
injury, loss or damage caused to any person, property or improvements on the Development arising
from the negligence or omissions of the City, or its agents or employees, in connection with City’s
exercise of its right granted in this paragraph.
ARTICLE VII
REMEDIES
7.1 Remedies for Breach. Unless otherwise provided in this Agreement, in the event
of any default or breach of this Agreement or any of its terms or conditions, the defaulting Party
or any permitted successor to such Party shall, upon written notice from the other, proceed
immediately to cure or remedy such default or breach, and in any event cure or remedy the breach
within thirty (30) days after receipt of such notice. In the event that such default or breach cannot
reasonably be cured within said thirty (30) day period, the Party receiving such notice shall, within
6
such thirty (30) day period, take reasonable steps to commence the cure or remedy of such default
or breach, and shall continue diligently thereafter to cure or remedy such default or breach in a
timely manner. In case such action is not taken or diligently pursued, the aggrieved Party may
institute such proceedings as may be necessary or desirable in its opinion to:
7.1.1 Cure or remedy such default or breach, such as proceedings for injunctive
relief, to compel specific performance by the Party in default or breach of its obligations,
or declaring a material breach by the Party. However, such relief shall exclude the award
or recovery of any damages by either Party.
7.1.2 In the case of a material uncured breach by Petitioners, the City may change
zoning and general plan map designation for the Development to A-1 zoning. If the remedy
of a zone change is pursued, the defaulting Petitioners agree not to contest the reversion of
the zoning on undeveloped portions of the Development, by the City Council to A-1
zoning, and hereby hold the City harmless for such reversion.
7.2 Attorney Fees. Each Party agrees that should it default in any of the covenants or
agreements contained herein, the defaulting party shall pay all costs and expenses, including a
reasonable attorneys fee which may arise or accrue from enforcing this Agreement, or in pursuing
any remedy provided hereunder or by the statutes or other laws of the State of Utah, whether such
remedy is pursued by filing a lawsuit or otherwise, and whether such costs and expenses are
incurred with or without suit or before or after judgment.
7.3 Breach by one Petitioner a Breach for All. The breach of any provision of this
Agreement by one of the Petitioners shall be ascribed to all parties designated as Petitioners. They
have the collective obligation to cure defaults for the Development regardless of which property
owner committed the act of default, and are jointly and severally liable for attorney fees incurred
by the City for legal action following a breach, as provided in Section 7.2. This Agreement does
not govern any cause of action or apportionment of liability between Petitioners; it relates only to
the obligations between the Petitioners and City.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Reserved Legislative Powers. The Petitioners acknowledge that the City is
restricted in its authority to limit its police powers by contract and the limitations, reservations and
exceptions set forth herein are intended to reserve to the City all of its police power that cannot be
so limited. Notwithstanding the retained power of the City to enact such legislation under the
police powers, such legislation shall only be applied to modify the vested rights of the Petitioners
under the terms of this Agreement based upon policies, facts and circumstances meeting the
compelling, countervailing public interest exception to the vested rights doctrine in the State of
Utah as set forth Utah Code Ann. § 10-9a-509. Any such proposed change affecting the vested
rights of the Project shall be of general application to all development activity within the City; and
unless in good faith the City declares an emergency, the Petitioners shall be entitled to prior written
notice and an opportunity to be heard with respect to any such proposed change and its applicability
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to the Project under the compelling, countervailing public interest exception to the vested rights
doctrine.
8.2 No Joint Venture, Partnership, Third-Party Rights or Agency. This
Development Agreement does not create any joint venture, partnership, undertaking or business
arrangement between the parties hereto, and does not create any rights or benefits to third parties.
No agent, employee or servant of the Petitioners or the City is or shall be deemed to be an
employee, agent or servant of the other Party. None of the benefits provided by any Party or by
the Petitioners to their employees, including but not limited to worker’s compensation insurance,
health insurance and unemployment insurance, are available to the employees, agents, contractors
or servants of the other Party. The Parties shall each be solely and entirely responsible for their
respective acts and for the acts of their respective employees, agents, contractors and servants
throughout the term of this Agreement.
8.3 Agreement to Run with the Land. This Agreement shall be recorded against the
Development and shall be deemed to run with the land and shall be binding on all successors and
assigns of the Petitioners in the ownership and development of any portion of the Project.
8.4 Term. This Agreement shall expire upon the earliest of the following:
(a) Recordation of the final plat for the final phase (if applicable) of the Residential
Development;
(b) Expiration of the Preliminary Plat due to lack of work or subsequent action, as
provided in Syracuse Municipal Code;
(c) Upon the expiration of 365 days without the filing of an application for
Preliminary Plat for the Development; or
(d) Upon written agreement of the Parties.
Upon the expiration of the Term, the City Council is free to re-zone the property to A-1 zoning.
The Petitioners or their assignees expressly agree not to challenge such a down-zone on any
grounds, and hold the City harmless for any alleged damages that result from the zone change.
8.5 Assignment. Neither this Development Agreement nor any of the provisions
hereof can be assigned to any other party, individual or entity without assigning the rights as well
as the responsibilities under this Development Agreement and without the prior written consent of
City, which review is intended to assure the financial capability of any assignee. Such consent
shall not be unreasonably withheld. No approval is required for the assignment of Leo & Marlene
or Brent & Judy’s interests and responsibilities, so long as they are assigned to CW Land Co.,
LLC.
8.6 Integration. This Annexation Agreement contains the entire Agreement with
respect to the subject matter hereof and integrates all prior conversations, discussions or
understandings of whatever kind or nature and may only be modified by a subsequent writing duly
executed by the parties hereto.
8.7 Severability. If any part or provision of the Agreement shall be adjudged
unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a
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decision shall not affect any other part or provision of this Agreement except that specific part or
provision determined to be unconstitutional, invalid or unenforceable. If any condition, covenant
or other provision of this 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 law.
8.8 Notices. Any notices, requests and demands required or desired to be given
hereunder shall be in writing and shall be served personally upon the party for whom intended, or
if mailed, be by certified mail, return receipt requested, postage prepaid, to such party at its address
shown below.
To Leo & Marlene:
Leo & Marlene Cook
ADDRESS
ADDRESS
To Brent & Judy:
Brent & Judy Cook
ADDRESS
ADDRESS
To the Developer:
Colin H. Wright
CW Land Co., LLC
1222 W. Legacy Crossing Blvd., Suite 6
Centerville, UT 84014
To the City:
Attn: City Manager
SYRACUSE CITY
1979 West 1900 South
Syracuse, Utah 84075
Any party may change its address or notice by giving written notice to the other party in
accordance with the provisions of this section.
8.9 Amendment. The Parties or their successors in interest may, by written agreement,
choose to amend this Agreement at any time. The amendment of the Agreement shall require the
prior approval of the City Council.
8.10 General Terms and Conditions.
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8.10.1 Non-liability of City Officials or Employees. No officer, representative,
agent, or employee of the City shall be personally liable to the Petitioners or any successor-
in-interest or assignee of the Petitioners, in the event of any default or breach by the City
or for any amount which may become due, the Petitioners, or their successors or assignees,
for any obligation arising out of the terms of this Agreement.
8.10.2 Referendum or Challenge. Both Parties understand that any legislative
action by the City Council is subject to referral or challenge by individuals or groups of
citizens, including approval of annexations and annexation agreements. The Petitioners
agree that the City shall not be found to be in breach of this Agreement if a referendum or
challenge is successful, so long as the referendum or challenge relates to the Council’s
approval of this Agreement. In the case of a successful referendum, this Agreement is void
at inception.
8.10.3 Ethical Standards. The Petitioners represent that they have not: (a) provided
an illegal gift or payoff to any officer or employee of the City, or former officer or
employee of the City, or to any relative or business entity of an officer or employee of the
City; (b) retained any person to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, other than bona
fide employees of bona fide commercial agencies established for the purpose of securing
business; (c) breached any of the ethical standards set forth in Utah Code Ann. § 10-3-1301
et seq. and 67-16-3 et seq.; or (d) knowingly influenced, and hereby promises that it will
not knowingly influence, any officer or employee of the City or former officer or employee
of the City to breach any of the ethical standards set forth in State of Utah statute or City
ordinances.
8.10.4 No Officer or Employee Interest. It is understood and agreed that no officer
or employee of the City, or their immediate family, has or shall have any pecuniary interest,
direct or indirect, in this Agreement or the proceeds resulting from the performance of this
Agreement.
8.10.5 Governing Law & Venue. This Agreement and the performance hereunder
shall be governed by the laws of the State of Utah. Any action taken to enforce the
provisions of this Agreement shall have exclusive venue in the Second District Court of
the State of Utah, Farmington Division.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through
their respective duly authorized representatives as of the day and year first written above.
(Signatures appear on following pages)
- REMAINDER OF PAGE LEFT INTENIONALLY BLANK -
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LEO J. COOK
______
Signature Date
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me
LEO J. COOK, an individual whose identity is personally known to me, or proven on the basis of
satisfactory evidence, to be the person who executed the Annexation Agreement and who duly
acknowledged to me that he/she executed the same for the purposes therein stated.
Notary Public
MARLENE C. COOK
______
Signature Date
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me
MARLENE C. COOK, an individual whose identity is personally known to me, or proven on the
basis of satisfactory evidence, to be the person who executed the Annexation Agreement and
who duly acknowledged to me that he/she executed the same for the purposes therein stated.
Notary Public
11
BRENT S. COOK
______
Signature Date
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me
BRENT S. COOK, an individual whose identity is personally known to me, or proven on the
basis of satisfactory evidence, to be the person who executed the Annexation Agreement and
who duly acknowledged to me that he/she executed the same for the purposes therein stated.
Notary Public
JUDY K. COOK
______
Signature Date
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me
JUDY K. COOK, an individual whose identity is personally known to me, or proven on the basis
of satisfactory evidence, to be the person who executed the Annexation Agreement and who duly
acknowledged to me that he/she executed the same for the purposes therein stated.
Notary Public
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CW LAND CO., LLC
______
Colin H. Wright, Manager Date
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me
Colin H. Wright, the authorized signer of CW LAND CO., LLC, a Utah limited liability
company, whose identity is personally known to me, or proven on the basis of satisfactory
evidence, to be the person who executed the Annexation Agreement on behalf of said company
and who duly acknowledged to me that he/she executed the same for the purposes therein stated.
Notary Public
13
SYRACUSE CITY
By
Mike Gailey, Mayor
Attest:
Cassie Z. Brown, MMC
City Recorder
STATE OF UTAH )
: ss.
COUNTY OF DAVIS )
On this day of _________________, 2018, personally appeared before me
Mayor Mike Gailey, the authorized signer of Syracuse City, whose identity is personally known
to me, to be the person who executed the Annexation Agreement on behalf of Syracuse City, and
who duly acknowledged to me that he executed the same for the purposes therein stated.
Notary Public
Approved as to Form:
____________________________________
Paul H. Roberts
City Attorney
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EXHIBIT A
MAP OF DEVELOPMENT, IDENTIFYING PARCELS
VICINITY MAP
ENTRY NO. 3002336DATE: 2/14/17ANNEXATION
S89°40'00"E
1990.44'
S0°11'21"W
2630.53'
S0°11'21"W
33.00'
N89°48'19"W
805.61'
N
6
7
°
4
7
'
3
1
"
W
1
2
7
7
.
8
8
'
N0°11'08"E
2189.36'
CORP. OFPRESIDING BISHOP
OF LDS CHURCH12-103-0021
CORP. OFPRESIDING BISHOP
OF LDS CHURCH12-103-0021
UTAHDEPT. OF
TRANSPORTATION12-103-0023
DALE D.CLARK - ETAL
12-103-0058
LEN J.
COOK
12-103-0038
BRENT S.
COOK
12-103-0040
CAROLYN C.
GREEN
12-103-0041
CAROLYN C.
GREEN
12-103-0039
AREA OF ANNEXATION
115.30± ACRES
SYRACUSECITY
12-103-0080
33.0'
33.0'
CW LAND CO.
6903/1496
WOODSIDE HOMES OF UTAH, LLC
12-103-0084
WOODSIDE HOMES OF UTAH, LLC12-103-0086
SYRACUSE CITY12-103-0087
1 inch = ft.( IN FEET )
GRAPHIC SCALE
400
___________________FEE $ COUNTY RECORDER
___________________________________
RECORDED #______________________STATE OF UTAH, COUNTY OF DAVISRECORDED AND FILED AT THE REQUEST OF __________________________________________
DATE_____________ TIME _________________ BOOK ____________ PAGE ____________
SYRACUSE CITY ENGINEER
FOCUSãENGINEERING AND SURVEYING, LLC
32 WEST CENTER STREETMIDVALE, UTAH 84047 PH: (801) 352-0075
www.focusutah.com
SURVEYOR'S CERTIFICATEI, Spencer W. Llewelyn, do hereby certify that I am a Professional Land Surveyor, and that I holdCertificate No. 10516507 in accordance with Title 58, Chapter 22 of Utah State Code. I furthercertify that this Plat is a true and accurate map of the tract of land to be annexed into Syracuse City,Utah.
Spencer W. Llewelyn DateProfessional Land SurveyorCertificate No. 10516507
BOUNDARY DESCRIPTION
SYRACUSE CITY APPROVAL
I HEREBY CERTIFY THAT THE REQUIREMENTS OF ALL APPLICABLE STATUSES ANDORDINANCES PREREQUISITE TO APPROVAL BY THE CITY ENGINEER OF THEFOREGOING PLAT AND DEDICATIONS HAVE BEEN COMPLIED WITH.
________________________________ ________________________________DATE CITY ENGINEER
I, CERTIFY THAT I AM THE DULY APPROVED QUALIFIED AND ACTING CITYRECORDER OF SYRACUSE CITY, A MUNICIPAL CORPORATION OF UTAH, AND THATTHE FOREGOING PLAT OF LANDS SOUGHT TO BE ANNEXED TO SAID CITY, WITH APETITION OF THE MAJORITY OF THE PROPERTY OWNERS OF THE REAL PROPERTYEMBRACED THEREIN FOR SUCH ANNEXATION WERE FILED IN MY OFFICE ON THE_________ DAY OF _____________________, 2016 THAT THE QUESTION OF SUCHANNEXATION WAS DULY SUBMITTED TO AND VOTED ON BY THE CITY COUNCILOF SYRACUSE CITY AT IT'S MEETING CONVENED AND HELD ON THE_______________ DAY OF ___________________, 2016. THAT ON SUCH VOTE MORETHAN TWO THIRDS OF ALL MEMBERS OF SAID COUNCIL VOTED IN FAVOR OF SAIDANNEXATION; AND THAT THE FOREGOING PLAT IS THE PLAT REFERRED TO INSYRACUSE CITY ORDINANCE NO. ______________________ DULY ORDAINED BY SAIDCOUNCIL ON _____________ DAY OF ____________________, 2016, DECLARING SAIDANNEXATION.
WITNESS MY HAND AND SEAL THIS _________ DAY OF ___________________________,2016
________________________________ ________________________________SYRACUSE CITY RECORDER SYRACUSE CITY MAYOR
DAVIS COUNTY SURVEYORTHIS PLAT IS HEREBY APPROVED AS A FINAL LOCAL ENTITY PLAT AS REQUIREDBY UTAH CODE 17-23-20 APPROVED THIS _____ DAY OF ____________________, 2016.
___________________________________DAVIS COUNTY SURVEYOR
PLAN OF ANNEXATIONINTO
THE CORPORATE LIMITS OF SYRACUSE CITYLOCATED IN THE SE1/4 & SW1/4 OF SECTION 21, T4N, R2W, SLB&M
SYRACUSE CITY,DAVIS COUNTY, UTAH
A portion of the SE1/4 and SW1/4 of Section 21 & the NE1/4 and NW1/4 of Section 28,Township 4 North, Range 2 West, Salt Lake Base and Meridian, more particularly described asfollows:
Beginning at a point on the current corporate limits of Syracuse City located S89°48'16”Ealong the Section line 336.33 feet from the South 1/4 Corner of Section 21, T4N, R2W, SLB&M;thence S0°11'21”W along said corporate limits 33.00 feet; thence N89°48'19"W parallel with and33.00 south of the Section line 805.61 feet; thence N67°47'31”W 1,277.88 feet to the 1/16th (40acre) line; thence N00°11'08"E along the 1/16th (40 acre) line 2,189.36 feet to the 1/4 Section line;thence S89°40'00"E along the section line and along the current corporate limits of Syracuse City1,990.44 feet; thence S00°11'21"W along the current corporate limits of Syracuse City 2,630.53 feetto the Section line to the point of beginning.
Contains: 115.30 acres+/-
SOUTH 1/4 CORNER
OF SECTION 21,
T4N, R2W, SLB&M
SOUTHEAST CORNER
OF SECTION 21,
T4N, R2W, SLB&M
21
28
BASIS OF BEARING: S89°48'19"E (SECTION LINE) 2654.00' (RECORD)
3700 SOUTH (GENTILE ST.)
HATCHED LINE REPRESENTSCURRENT CITY LIMITS
21
28
22
27
S89°48'19"E (SECTION LINE) 2654.00' (RECORD)
20
29
21
28
SOUTHWEST CORNER
OF SECTION 21,
T4N, R2W, SLB&M
S89°48'19"E 336.33 (TIE)
CENTERLINE OFGENTILE STREET PAVEMENT
15
EXHIBIT B
LEGAL DESCRIPTIONS
Western Parcel:
Davis County Parcel No: 12-103-0038
BEG 52.5 CHAINS W OF THE SE COR OF SEC 21-T4N-R2W, SLM; TH W 7.5 CHAINS; TH N 40 CHAINS; TH E 7.5 CHAINS; TH S 40 CHAINS TO BEG. LESS STREET. CONT. 29.63 ACRES
Eastern Parcel:
Davis County Parcel No: 12-103-0040
BEG 45 CHAINS W OF THE SE COR OF SEC 21-T4N-R2W, SLM; TH W 7.5 CHAINS; TH N 40 CHAINS; TH E 7.5 CHAINS; TH S 40 CHAINS TO BEG. LESS STREET CONT. 29.63 ACRES
16
EXHIBIT C
CONCEPT PLAN
17
EXHIBIT D
LEGAL DESCRIPTION & MAP OF LAND TO BE DEDICATED TO THE CITY
A portion of the SW1/4 of Section 21, Township 4 North, Range 2 West, Salt Lake Base & Meridian, located
in Syracuse City, Utah, more particularly described as follows:
Beginning at a point located N89°48'25"W along the Section line 331.63 feet and North 43.62 feet from the
South 1/4 Corner of Section 21, T4N, R2W, SLB&M (Basis of Bearing: N89°48'25"W between the Southeast Corner
and the South 1/4 Corner of Section 21, T4N, R2W, SLB&M); thence N67°47'31"W 1,073.54 feet to a point on the
East line of that Real Property described in Deed Book 6840 Page 1079 of Official Records of Davis County; thence
N00°11'16"E along said deed and along the east line of that Real Property described in Deed Book 6787 Page 1040
of Official Records of Davis County and along the 1/16th Section line (40 Acre line) 1,030.33 feet; thence S89°39'33"E
995.21 feet to the West line of that Real Property described in Deed Book 6303 Page 1386 of Official Records of
Davis County; thence S00°11'13"W along said deed 1,430.18 feet to the point of beginning.
Contains: 28.11 acres+/-
Agenda Item #3 Proposed Annexation by Tracy Teeples, located approximately 3000 W 2900 S
COUNCIL AGENDA June 26, 2018
Summary
The city has received a request to annex 6.23 acres from developer Tracy Teeples. The property is located approximately 3000 W and 2900 S. near the Black Island Farms. The land is owned by the Rassmussen family. There are two parcels with a home on each that would be brought into the city with this application. One parcel is 5.65 acres and is owned by Kiplin Rasmussen. The second parcel is .5 acres and is owned by Gordon Rasmussen. Kiplin has signed the petition as the majority land owner.
The property is being used mostly as hay pasture land with trailer storage and a large garden area. There is no curb and gutter and there is an open irrigation ditch on the west edge of 3000 W. The road has not been improved to its full 66' width and there is no sidewalk. There is culinary water and sewer in 3000 W but there is not storm drain or land drain in the road. There is overhead power lines on the west side of the road as well.
The developer is proposing to build an R-1 density residential subdivision. R-1 allows for a 12,000 square foot lot with a required lot width of 100'. Both existing homes would remain. The General Plan is R-1 and it is proposed that the R-1 zoning be applied to the property upon annexation. The property lies within the Sensitive Area Overlay Zone which requires wetland delineation and geotechnical studies due at the preliminary plan stage.
The annexation petition has be accepted and certified by the City Council and the city recorder. The certification process involves notifying the affected stakeholders including the sewer district, school district, Davis County, and the mosquito abatement district. The process also includes a comment waiting period. This period is now over and the City Council is clear to approve the annexation via ordinance after a recommendation by the Planning Commission. The Planning Commission reviewed this request on it's June 6th meeting and is forwarding an unanimous positive recommendation for annexation.
Suggested Motion Language
Approval – “I move to annex 6.23 acres owned by Kip and Gordon Rasmussen located approximately 3000 W. 2900 S. and the (list zone name) zoning be applied - optional: with the following conditions: (list conditions)
Table – ““I move to table the annexation of 6.23 acres owned by Kip and Gordon Rasmussen located approximately 3000 W 2900 S.. until (give date) basedon the following findings:1. (list findings)”
Denial – ““I move to deny annexation of 6.23 acres owned by Kip and Gordon Rasmussen located approximately 3000 W 2900 S. based on the followingfindings:
1. (list findings).”
ORDINANCE NO. 18-xx
AN ORDINANCE DECLARING THE ANNEXATION OF 6.23 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3000 W 2900 S INTO THE CITY OF SYRACUSE, DAVIS COUNTY, UTAH, ESTABLISHING ZONING FOR THE PROPERTY, AND AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT.
WHEREAS, a majority of the owners of real property and the owners of not less than one-third of the real property as shown on the last assessment rolls in territory lying contiguous to Syracuse City have petitioned the City for annexation; and
WHEREAS, the petition was accompanied by an accurate plat or map of the territory to be annexed, prepared under the supervision of the Syracuse City Engineer or a competent surveyor and certified by the Engineer or surveyor; and
WHEREAS, the petition and plat map have been filed in the office of the Syracuse City
Recorder; and WHEREAS, notice of intent was advertised as provided by state law with no protests
having been received within the 30-day protest period; and WHEREAS, the City Council held a public hearing with notice provided to the residents
of the affected territory and adjacent property owners; and WHEREAS, an Annexation Agreement has been prepared and executed by the
petitioners, governing the annexation of the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SYRACUSE CITY, STATE OF UTAH, AS FOLLOWS:
Section 1. Annexation. The property described in Exhibit “A” is hereby declared annexed into the City of Syracuse, Utah.
Section 2. Authorization to Execute Agreement. The Mayor is hereby authorized
by the City Council to execute the Annexation Agreement, which is included as Exhibit “B.” Section 3. Zoning. The property being annexed into Syracuse City is hereby zoned
as R-1. Section 3. Severability. If any section, part or provision of this Ordinance is held
invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.
Section 4. Effective Date. This Ordinance shall become effective immediately after publication or posting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SYRACUSE CITY, STATE OF UTAH, THIS 12th DAY OF JUNE, 2018.
SYRACUSE CITY
ATTEST:
Cassie Z. Brown, MMC Mayor Mike Gailey City Recorder
Voting by the City Council:
“AYE” “NAY”
Councilmember Anderson _
Councilmember Bolduc _
Councilmember Maughan _
Councilmember Peterson _
Councilmember Savage _
Exhibit A
Exhibit B
ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 2866 SOUTH 3000 WEST & 2888 SOUTH 3000 WEST, DAVIS COUNTY, UTAH
This Annexation Agreement (“Agreement”) is made and entered into as of this day of , 2018, by and between KIPLIN & LAWNIE RASMUSSEN, the property owner of the 2866 South 3000 West property (“Kiplin & Lawnie”), GORDON RASMUSSEN, the property owner of the 2888 South 3000 West property (“Gordon”), and SYRACUSE CITY, a municipality and political subdivision of the State of Utah (the “City”). Gordon and Kiplin & Lawnie will be collectively referred to as the “Petitioners”.
RECITALS:
A. The Petitioners own properties located to the West of 3000 West, with Kiplin & Lawnie owning an approximately 5.65 acre parcel at 2866 South 3000 West, Davis County Parcel ID #12-102-0086 (the “2866 Parcel”), and with Gordon owning an approximately .5 acre parcel at 2888 South 3000 West, Davis County Parcel ID #12-102-0006 (the “2888 Parcel”). The two parcels will be collectively referred to as the “Development.” A map identifying the parcels is attached hereto as “Exhibit A,” and incorporated by this reference.
B. The Petitioners have applied for Annexation into the City, which application the City Council accepted on April 10, 2018, and which application is under consideration for approval by the City Council. C. The Petitioners and City agree that there exists an opportunity to establish additional housing in the Development, consistent with the City’s overall plan to provide quality housing and infrastructure to its residents.
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Petitioners and the City hereby agree to the following:
ARTICLE I
DEFINITIONS The following terms are defined as follows: 1.1 “2866 Parcel” means the approximately 5.65 acre parcel located at 2866 South 3000
West, Davis County Parcel ID #12-102-0086. 1.2 “2888 Parcel” means the approximately .5 acre parcel located at 2888 South 3000
West, Davis County Parcel ID #12-102-0006.
1.3 “City” means Syracuse City, a body corporate and politic of the State of Utah, with a principal office located at 1979 West 1900 South, Syracuse, UT 84075.
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1.4 “City Standards and Specifications” means the local minimum standards and specifications required by Syracuse Municipal Code § 8.15.020;
1.5 “Development” means the combined plan for the 2866 Parcel and the 2888 Parcel.
1.6 “Petitioners” means the owners of the 2866 Parcel and the 2888 Parcel, who are, respectively, Kiplin and Lawnie Rasmussen, and Gordon Rasmussen.
ARTICLE II CONDITIONS PRECEDENT
2.1 Council Approval Required. This Agreement shall not take effect until City has
approved this Agreement pursuant to a resolution of the Syracuse City Council. 2.2 Restrictions of Use. Petitioners and City agree to restrict the uses of the
development as provided in this Agreement and the zoning restrictions ultimately adopted by the City governing the Development, and to provide such amenities as are set forth in this Agreement, City code, and submitted documents in connection to land use applications.
ARTICLE III PRELIMINARY PROVISIONS
3.1 Property Affected by this Agreement. The legal descriptions of the 2866 Parcel
and 2888 Parcel, to which this Agreement applies, are attached as “Exhibit B,” and incorporated by reference.
3.2 Termination of this Agreement. This Agreement may be terminated by the
Parties by mutual, written consent. Such termination shall require the approval of the City Council.
3.3 Development Rights. Upon execution of this Agreement by the parties, and unless otherwise provided for in this Agreement, the Petitioners shall be entitled to construct a subdivision in accordance with the designated zoning for the Development. The Development shall be in compliance with codes in effect at the time of the land use applications, and in accordance with the provisions of this Agreement.
ARTICLE IV
CITY’S UNDERTAKINGS 4.1 Changes to General Plan and Zoning. Subject to the satisfaction of the
conditions set forth in Article II, City shall designate the zoning of the Development, upon annexation, as Residential-1 (R1). The failure of the City to provide this designation shall invalidate the annexation as a matter of law, at the Petitioner’s option, and terminate this Agreement. The decision of whether to invalidate the annexation and terminate the agreement
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shall be made within thirty (30) days of the City’s failure to make the designation. The termination of this Agreement and invalidation of the annexation shall be the Petitioners’ sole remedy, in such an event.
4.2 Findings. Any annexation or zoning amendment shall occur upon a finding by the City Council that it is in the best interest of the health, safety and welfare of the citizens of the City to make such a change at this time.
ARTICLE V PETITIONERS’ UNDERTAKINGS
5.1 Petitioners’ Obligations. Conditioned upon City’s performance of its undertakings set forth in Article IV, and provided Petitioners have not terminated this Agreement pursuant to Section 7.1, Petitioners agree to the following, which shall be completed with construction of the Development and which improvements shall appear on plat documents submitted at the time of development:
(A) Ditch on West side of 3000 West. The Petitioners shall install pipe to convey runoff and irrigation water that currently flows through the existing ditch on the west side of 3000West.
(B) City Utilities. New secondary water laterals meeting City Standards and Specifications shall be installed to serve the two existing houses at 2866 South 3000 West and 2888 South 3000 West. The two existing culinary water meters shall be relocated to the new parkstrip.
(C) Storm Drain Connection. It is expressly understood that the City’s storm drain infrastructure is limited in the area. Retention will not be permitted due the existing soils and high groundwater. The proposed outfall for the storm drain shall be submitted to the City for approval. This may be accomplished in conjunction with other development in the area, but no subdivision preliminary approval will be granted until after an acceptable solution is proposed.
(D) High Water Table. The Petitioners are aware that the water table in this area is high, and that the City lacks land drain facilities sufficient to allow a gravity-fed land drain system for this Development. The elevation of the land makes such issues more complicated. The Petitioners agree to keep the footings of new buildings in this Development above the water table, as identified on the Petitioner’s geotechnical report for the Development.
(E) No Sewer or Lift Stations. Petitioners agree to complete their development using only gravity flow sewer systems. No pumping or lift stations shall be permitted in the Development.
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(F) 3000 West Road. Petitioners shall install to City Standards and Specifications one-half of a sixty-six foot (66’) wide north-south collector road along 3000 West Road, along the Eastern boundary of the Development, as depicted on Exhibit C. This right-of-way shall include asphalt, curb, gutter and sidewalk. The thirty-three feet (33’) shall be measured from the section line along 3000 West. All existing asphalt shall be removed to the section line on the west side of 3000 West Street, new base installed to create positive drainage to the curb at a minimum 2% grade, meters shall be relocated into the park strip and new asphalt installed. The Petitioners shall also repair to City Standards and Specifications, any damage to the eastern half of the existing road.
(G) Power Lines. Petitioners shall relocate existing power lines, owned and operated by
Rocky Mountain Power, to a location outside of the roadway, curb and gutter, and in a manner that will not interfere with the use of sidewalks. Petitioners shall do so through appropriate channels and with Rocky Mountain Power’s express permission.
(H) Stubbed Utilities. Petitioners shall stub all utilities at the Western edge of their property, in order to accommodate future development to the West.
(I) Sensitive Overlay. The Petitioners shall comply with all requirements associated with
development in the City’s Sensitive Overlay for the protection and preservation of wetlands.
(J) Compliance with law. The Parties agree to be bound by all City and State rules,
regulations, and codes.
(K) No Pre-Approval. The enumerations in this Agreement are not to be construed as approvals thereof except as specifically provided herein, as any required land use approval process must be pursued independent hereof.
(L) Conflicts. Any conflict between the provisions of this Agreement and the City’s codified
requirements shall be resolved in favor of this Agreement.
ARTICLE VI GENERAL REQUIREMENTS AND RIGHTS OF THE CITY
7.1 Issuance of Permits. Petitioners, or their assignees, shall have the sole
responsibility for obtaining all necessary building permits in connection with Petitioners’ Undertakings and shall make application for such permits directly to the Syracuse City Community and Economic Development Department and other appropriate departments and agencies having authority to issue such permits in connection with the performance of Petitioners’ Undertakings. City shall not unreasonably withhold or delay the issuance of its permits.
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7.2 Completion. The Petitioners shall, in good faith, reasonably pursue completion of the Development. Each phase or completed portion of the project must independently meet the requirements of this Agreement and the City’s ordinances and regulations, such that it will stand alone, if no further work takes place on the project.
7.3 Access to the Development. For purposes of assuring compliance with this
Agreement, so long as they comply with all safety rules of Petitioners and their contractor(s), representatives of City shall have the right of access to the Development without charges or fees during the period of performance of Petitioners’ Undertakings. City shall indemnify, defend, and hold Petitioners harmless from and against all liability, loss, damage, costs or expenses (including attorneys’ fees and court costs) arising from or as a result of the death of a person or any accident, injury, loss or damage caused to any person, property or improvements on the Development arising from the negligence or omissions of the City, or its agents or employees, in connection with City’s exercise of its right granted in this paragraph.
ARTICLE VII REMEDIES
7.1 Remedies for Breach. Unless otherwise provided in this Agreement, in the event of any default or breach of this Agreement or any of its terms or conditions, the defaulting Party or any permitted successor to such Party shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event cure or remedy the breach within thirty (30) days after receipt of such notice. In the event that such default or breach cannot reasonably be cured within said thirty (30) day period, the Party receiving such notice shall, within such thirty (30) day period, take reasonable steps to commence the cure or remedy of such default or breach, and shall continue diligently thereafter to cure or remedy such default or breach in a timely manner. In case such action is not taken or diligently pursued, the aggrieved Party may institute such proceedings as may be necessary or desirable in its opinion to:
7.1.1 Cure or remedy such default or breach, such as proceedings for injunctive relief, to compel specific performance by the Party in default or breach of its obligations, or declaring a material breach by the Party. However, such relief shall exclude the award or recovery of any damages by either Party.
7.1.2 In the case of a material uncured breach by Petitioners, the City may change
zoning and general plan map designation for the Development to A-1 zoning. If the remedy of a zone change is pursued, the defaulting Petitioners agree not to contest the reversion of the zoning on undeveloped portions of the Development, by the City Council to A-1 zoning, and hereby hold the City harmless for such reversion.
7.2 Attorney Fees. Each Party agrees that should it default in any of the covenants or
agreements contained herein, the defaulting party shall pay all costs and expenses, including a reasonable attorneys fee which may arise or accrue from enforcing this Agreement, or in pursuing any remedy provided hereunder or by the statutes or other laws of the State of Utah, whether such
6
remedy is pursued by filing a lawsuit or otherwise, and whether such costs and expenses are incurred with or without suit or before or after judgment.
7.3 Breach by one Petitioner a Breach for All. The breach of any provision of this
Agreement by one of the Petitioners shall be ascribed to all property owners designated as Petitioners. They have the collective obligation to cure defaults for the Development regardless of which property owner committed the act of default, and are jointly and severally liable for attorney fees incurred by the City for legal action following a breach, as provided in Section 7.2. This Agreement does not govern any cause of action or apportionment of liability between Petitioners; it relates only to the obligations between the Petitioners and City.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Reserved Legislative Powers. The Petitioners acknowledge that the City is restricted in its authority to limit its police powers by contract and the limitations, reservations and exceptions set forth herein are intended to reserve to the City all of its police power that cannot be so limited. Notwithstanding the retained power of the City to enact such legislation under the police powers, such legislation shall only be applied to modify the vested rights of the Petitioners under the terms of this Agreement based upon policies, facts and circumstances meeting the compelling, countervailing public interest exception to the vested rights doctrine in the State of Utah as set forth Utah Code Ann. § 10-9a-509. Any such proposed change affecting the vested rights of the Project shall be of general application to all development activity within the City; and unless in good faith the City declares an emergency, the Petitioners shall be entitled to prior written notice and an opportunity to be heard with respect to any such proposed change and its applicability to the Project under the compelling, countervailing public interest exception to the vested rights doctrine.
8.2 No Joint Venture, Partnership, Third-Party Rights or Agency. This Development Agreement does not create any joint venture, partnership, undertaking or business arrangement between the parties hereto, and does not create any rights or benefits to third parties. No agent, employee or servant of the Petitioners or the City is or shall be deemed to be an employee, agent or servant of the other Party. None of the benefits provided by any Party or by the Petitioners to their employees, including but not limited to worker’s compensation insurance, health insurance and unemployment insurance, are available to the employees, agents, contractors or servants of the other Party. The Parties shall each be solely and entirely responsible for their respective acts and for the acts of their respective employees, agents, contractors and servants throughout the term of this Agreement.
8.3 Agreement to Run with the Land. This Agreement shall be recorded against the
Development and shall be deemed to run with the land and shall be binding on all successors and assigns of the Petitioners in the ownership and development of any portion of the Project.
8.4 Term. This Agreement shall expire upon the earliest of the following:
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(a) Recordation of the final plat for the final phase (if applicable) of the Residential Development;
(b) Expiration of the Preliminary Plat due to lack of work or subsequent action, as provided in Syracuse Municipal Code;
(c) Upon the expiration of 365 days without the filing of an application for Preliminary Plat for the Development; or
(d) Upon written agreement of the Parties. 8.5 Assignment. Neither this Development Agreement nor any of the provisions
hereof can be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Development Agreement and without the prior written consent of City, which review is intended to assure the financial capability of any assignee. Such consent shall not be unreasonably withheld.
8.6 Integration. This Annexation Agreement contains the entire Agreement with
respect to the subject matter hereof and integrates all prior conversations, discussions or understandings of whatever kind or nature and may only be modified by a subsequent writing duly executed by the parties hereto.
8.7 Severability. If any part or provision of the Agreement shall be adjudged
unconstitutional, invalid or unenforceable by a court of competent jurisdiction, then such a decision shall not affect any other part or provision of this Agreement except that specific part or provision determined to be unconstitutional, invalid or unenforceable. If any condition, covenant or other provision of this 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 law.
8.8 Notices. Any notices, requests and demands required or desired to be given
hereunder shall be in writing and shall be served personally upon the party for whom intended, or if mailed, be by certified mail, return receipt requested, postage prepaid, to such party at its address shown below.
To Kiplin & Lawnie: Kiplin & Lawnie Rasmussen 2866 South 3000 West Syracuse, UT 84075 To Gordon: Gordon K. Rasmussen 2888 South 3000 West Syracuse, UT 84075 To the City:
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Attn: City Manager SYRACUSE CITY 1979 West 1900 South Syracuse, Utah 84075 Any party may change its address or notice by giving written notice to the other party in
accordance with the provisions of this section.
8.9 Amendment. The Parties or their successors in interest may, by written agreement, choose to amend this Agreement at any time. The amendment of the Agreement shall require the prior approval of the City Council.
8.10 General Terms and Conditions.
8.10.1 Non-liability of City Officials or Employees. No officer, representative, agent, or employee of the City shall be personally liable to the Petitioners or any successor-in-interest or assignee of the Petitioners, in the event of any default or breach by the City or for any amount which may become due, the Petitioners, or their successors or assignees, for any obligation arising out of the terms of this Agreement.
8.10.2 Referendum or Challenge. Both Parties understand that any legislative
action by the City Council is subject to referral or challenge by individuals or groups of citizens, including approval of annexations and annexation agreements. The Petitioners agree that the City shall not be found to be in breach of this Agreement if a referendum or challenge is successful, so long as the referendum or challenge relates to the Council’s approval of this Agreement. In the case of a successful referendum, this Agreement is void at inception.
8.10.3 Ethical Standards. The Petitioners represent that they have not: (a) provided
an illegal gift or payoff to any officer or employee of the City, or former officer or employee of the City, or to any relative or business entity of an officer or employee of the City; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the ethical standards set forth in Utah Code Ann. § 10-3-1301 et seq. and 67-16-3 et seq.; or (d) knowingly influenced, and hereby promises that it will not knowingly influence, any officer or employee of the City or former officer or employee of the City to breach any of the ethical standards set forth in State of Utah statute or City ordinances.
8.10.4 No Officer or Employee Interest. It is understood and agreed that no officer
or employee of the City, or their immediate family, has or shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds resulting from the performance of this Agreement.
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8.10.5 Governing Law & Venue. This Agreement and the performance hereunder shall be governed by the laws of the State of Utah. Any action taken to enforce the provisions of this Agreement shall have exclusive venue in the Second District Court of the State of Utah, Farmington Division.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through
their respective duly authorized representatives as of the day and year first written above. (Signatures appear on following pages)
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KIPLIN RASMUSSEN
______ Signature Date
STATE OF UTAH ) : ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me KIPLIN RASMUSSEN, an individual whose identity is personally known to me, or proven on the basis of satisfactory evidence, to be the person who executed the Annexation Agreement and who duly acknowledged to me that he/she executed the same for the purposes therein stated. Notary Public
LAWNIE RASMUSSEN
______ Signature Date
STATE OF UTAH ) : ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me LAWNIE RASMUSSEN, an individual whose identity is personally known to me, or proven on the basis of satisfactory evidence, to be the person who executed the Annexation Agreement and who duly acknowledged to me that he/she executed the same for the purposes therein stated. Notary Public
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GORDON RASMUSSEN
______ Signature Date
STATE OF UTAH ) : ss.
COUNTY OF DAVIS )
On this day of _____________, 2018, personally appeared before me GORDON RASMUSSEN, an individual whose identity is personally known to me, or proven on the basis of satisfactory evidence, to be the person who executed the Annexation Agreement and who duly acknowledged to me that he/she executed the same for the purposes therein stated. Notary Public
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SYRACUSE CITY
By Mike Gailey, Mayor Attest: Cassie Z. Brown, MMC City Recorder
STATE OF UTAH ) : ss.
COUNTY OF DAVIS )
On this day of _________________, 2018, personally appeared before me Mayor Mike Gailey, the authorized signer of Syracuse City, whose identity is personally known to me, to be the person who executed the Annexation Agreement on behalf of Syracuse City, and who duly acknowledged to me that he executed the same for the purposes therein stated. Notary Public
Approved as to Form:
____________________________________ Paul H. Roberts City Attorney
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EXHIBIT A
MAP OF DEVELOPMENT, IDENTIFYING PARCELS
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EXHIBIT B
LEGAL DESCRIPTIONS
2866 Parcel:
Davis County Parcel No: 12-102-0086
2888 Parcel:
Davis County Parcel No: 12-102-0006
BEG AT A PT 673 FT S FR THE NE COR OF SEC 20-T4N-R2W, SLM; TH W 537.5 FT; TH S 504.5 FT; TH E 537.5 FT; TH N 200.50 FT; TH W 250.8 FT; TH N 100 FT; TH E 250.8 FT; TH N 204 FT TO THE POB. CONT. 5.65 ACRES
BEG AT A PT WH IS S 877 FT ALG SEC LINE & W 33 FT FR NE COR OF SEC 20-T4N-R2W, SLM; RUN TH W 217.8 FT; TH S 100 FT; TH E 217.8 FT; TH N 100 FT TO POB. CONT. 0.50 ACRES.