G 20240115 - Affidavit & Notice of Restriction - Great Day Investments LLC - 10806 E Moose Run LaneErin Mendenhall
Mayor
June 5, 2024
City Recorder
451 South State Street
Salt Lake City, Utah 84111
Department of
Public Utilities
Re: Affidavit and Notice of Restriction — Great Day Investments, LLC — 10806 E
Moose Run Lane
Dear City Recorder:
Please find enclosed a copy of the County recorded document for the above -noted file.
Please file this document in your office.
Thank you for your assistance in this matter.
If you have any questions, please feel free to contact Karryn Greenleaf at 801-483-6769
or karrvn..zreenleaf(@slcizov.com.
Sincerely,
Ka n Greenleaf
Water Rights, on racts and Property Manager
/nb
attachment(s)
cc: File
1530 South West Temple WWW.SLC.GOV
Salt Lake City, Utah 84115 TEL 801-483-6900 FAX 801-483-6818
When Recorded Please return to:
Salt Lake City Public Utilities
Attention: Karryn Greenleaf
1530 South West Temple
Salt Lake City, Utah 84115
County Parcel No. 24-16-356-oo1
14243397 B: 11492 P: 9302 Total Pages: 10
05/22/2024 11:19 AM By: tpham Fees: $0.00
Rashelle Hobbs Recorder, Salt Lake County, Utah
Return To: SL CI1Y PUBLIC UTILITIES
1530 SOUTH WEST 'rEMPLESALT LAKE CITY, UT 84115
I I I I hY1 NFJI NOT fI71P:III : Will 1110 11
AFFIDAVIT AND NOTICE OF RESTRICTION
COMES NOW Nikole Bench, who, after first being duly sworn, hereby
represents as follows:
i. I am of legal age, familiar with the subject matter of this Affidavit and
competent in all respects to make the representations set forth herein.
2. The following document (the "Notice") has been recorded in the office of
the Salt Lake County Recorder:
A Notice recorded April 19, 2024, as Entry No. 14230004 in Book 11485 on
Page 6857 of the records of the Salt Lake County Recorder.
3. I am employed by Salt Lake City Corporation and supervised the
preparation of the Notice wherein Alfred George Kessler and Hazel Ann
Kessler are named as Owner and Salt Lake City Corporation is named as
the City. The Notice records a letter referring to a request for waiver for
building near a water source, which is described in the Notice. It was my
intent, and the intent of the parties named in the Notice, that the date of
the request for waiver letter is dated April 3, 2024 and that a typographical
error in Section One of the letter to be corrected from "existing" to
"proposed". A copy of the corrected request for waiver letter for the Notice,
is attached hereto as Exhibit "A."
4. The Notice relates to and affects certain real property located in Salt Lake
County, State of Utah, which is particularly described as 24-16-356-ooi
(the "Property").
5. Notice is hereby given of the existence of the Notice of Restriction. Parties
dealing with the Property advised to review the terms and conditions set
forth in the Notice and its Exhibit A.
6. This Affidavit is given pursuant to UCA 57-3-lo6(9) to correct the clerical
error described herein, to provide record notice of the Notice of
Restriction, and to clarify the record title to the Property.
Dated this loth day of May, 2024
By: �46U ".
Nikole Bench
Water Rights and Property Agent
Salt Lake City Corporation
Department of Public Utilities
ACKNOWLEDGMENT
STATE OF UTAH
County of Salt Lake )
The foregoing instrument was acknowledged before me thdday of I- 10v,4(
,
by Nikole Bench in her capacity as Water Rights and Property Agent of SALT
LAKE CITY CORPORATION, a municipal corporation`of the State of Utah.
PATRICIA L DENNING
Notary Public store or Utah NOTARY PUBLIC,/kesiding in r/
My Commission Expires on: Salt Lake County Utah
March 14, 2027
Comm. Number: 729920
When Recorded Please return to:
Salt Lake City Public Utilities
Attention: Karryn Greenleaf
1530 South West Temple
Salt Lake Citv. Utah 84115
County Parcel No. 24-16-356-oo1
14230004 B: 11485 P: 6857 Total Pa9es:/9
04/19770t4 i1.27- AM --By: ECarter Fees�0f0
Rashelle Hobbs,Raeorder; Salt —Lake Gh y, Utah
Return To: SALT LAKE CITY PUBLIC UT1L4:f7r�S__1
1530 LIF
SWEST TEMPLESALT LAKE CJ--Y—UT B4115f l Y -Y1lip11� 1�191��
NOTICE OF RESTRICTION
NOTICE IS HEREBY GIVEN of that certain Letter referring to a Request for Waiver for
building near a water source, for the construction and maintenance of a single-family residence
signed and agreed to by Great Day Investments, LLC, a Utah limited liability company, as
the legal owner of property known as 1.o8o6 E. Moose Run Lane, Salt Lake County Parcel ID
being 24-i6-356-ool as described below. A copy of the condition and approval letter is attached
as the official record.
Located in Section 16 Township 2 South Range 3 East; Lot 51 Pine Tree Subdivision as
recorded in the Office of the Salt Lake County Recorder in Book S Page 96 located in the
Southwest Quarter of Section 16, Township 2 South, Range 3 East, Salt Lake Base and
Meridian.
Great Day Investments, LLC
Date / y •� v
Alfred George Kessler, Manager
Date `l� " % �S 2�, y
Hazel Ann Clark Kessler, Manager
STATE OF UTAH )
County of Salt Lake )
� ,y - in the year 2024, before me
L-.� �' �
�tOn the 1'•-= r,d�ao-f a notary public, personally appeared Alfred George
Kessler, proved on the basis of satisfactory evidence to be the person whose name is subscribed
to in this document, and acknowledged he executed the same.
PATRICIA L DENNING
1 F Notary Public Stale of Utah NOTARY PUBLIC;;'residing in
My Commission Expires on: Salt Lake County
March 14, 2027
Comm. Number: 729920
STATE OF UTAH
County of Salt Lake
On the � day of J�J1' 1 , in the year 2024 before me
o '�— 1 �4-1It 1�—, a notary public, personally appeared Hazel Ann
Clark Kessler, proved on the basis -'of satisfactory evidence to be the person whose name is
subscribed to in this document, and acknowledged she executed the same.
PATRICIA L DENNING
Notary Public State of Ulah ! f/ /���f✓{ Wx
,ap My Commission Expires on:
f March 14, 2027 NOTARY PUBLIC, residing id
Comm. Number: 729920 Salt Lake County
SALT LAKE
COUNTY
HEALTH DEPARTMENT
April 3, 2024
Great Day Investments, LLC
C/O Alfred and Hazel Kessler
2303 Smith Legacy Cove
Taylorsville, UT 84129
ERINMENDENHALL Mayor
LAURA BRIEFER, DIRECTOR
Department of Public Utilities
RE: Updated Request for Waiver for Building near Water Source —
io8o6 East Moose Run Lane
Parcel No. 24-16-356-oo1
Request for relief for New Residential Structure
within 50 foot of stream/wetland protection area
Dear Mr. and Mrs. Kessler:
The Salt Lake County Health Department, Division of Environmental Health, and Salt
Lake City Corporation have reviewed your request to allow a portion of your new
residence and deck to be located on the above property to be constructed within the 50-
foot setback created for the protection of watercourse as required by the Salt Lake
County Health Department's Watershed Regulation #14. After careful review it has
been decided that the request can be approved with the following stipulations:
The Limit of Disturbance (LOD) for construction of the proposed residence shall
be no closer than the one point 25-feet from the edge of wetland/top of bank and
as indicated in Exhibit A. This approval is per the site plan attached herewith
only. Under the current rules decks and patios are considered part of the living
space structure.
a. As a condition of this approval the existing structure(s) located within the
50400t setback is to be removed and the ground returned to its natural
state as a betterment of the protection area.
b. Any demolition of the original structures must be removed in accordance
with Salt Lake County Health Department pre -demolition requirements.
C. The outhouse located on the property must be removed and abandoned in
accordance with Utah Administrative Code R317-4.
d. No hot tubs are allowed within 50' of the watercourse and any hot tubs
approved with this project must be connected to the public sewer.
2. The location of the dwelling and the LOD, as shown in the attached site plan,
shall be located in the field by a licensed land surveyor and approved by Salt Lake
City Watershed or Salt Lake County staff before construction begins.
Great Day Investments, LLC
Apri13, 2024
Page 2
For long-term protection of the,,vatercourse and wetlands and to maintain the
required buffer areas, this approval and site plan is to be recorded at the Salt
Lake County Recorder's Office under the current parcel number.
4. At no time trill additional encroachments, including such items as decks, patios,
hot tubs, bridges, paths, fire pits, etc., be allowed within the 50-foot setback area
under any other use or request except to make repairs to the existing structure as
approved under this approval.
All utility connections for this lot will exit from the structure furthest from the
watercourse.
b. Groundwater and surface water i,,411 be protected from runoff or contamination,
no direct drainage into the vvatercourse or the -o-foot buffer area is allowed,
except for the approved storm water retention basin as shown on exhibit A. Best
management practices must be used during construction to protect the
watercourse.
Please note, that the approval of this request will expire if construction has not started
within one (1 ) year of the date of this approval letter.
Sincerely,
Foi} l,u id• NIPH, LEHS, Director
Salt Lake County Health Department
E:n,ironmental Health DiNision
Cc.- mike@�axesshomebuyers.com
file
Laura r' -fer, Director
Salt Lake City Corporation
Department of Public Utilities
Great Day Investments, LLC
April 3, 2024
Page 3
Acknowledge and Accepted:
(,- , +r Date
Alfred George Kessler, Manager r
Great Day Investments, LLC
Date -
Hazel Ann Clark Kessler, Manager
Great Day Investments, LLC
Great Day Investments, LLC
April 3, 2024
Page 4
Exhibit A
BUILDING AREA WITHIN 50' SE T BACK FROM TOP OF BANK
So. F T . 787
DESCRIPTION
An area of building located in Lot 51. Pine Tree Subdivision cs recorded in the Office of the Solt take
County Recorder in Book S Pace 96 located in the Scuth,vrest Q6arter of Section 16, Township 2 South,
Range 3 East, Sclt Lake ease and Meridian, more particularly described as follaw:
Beginning a, a point on a comer of a buifding, said point being North 24'37'i7 East 54.85 feet
from tE•e southwest comer of Lot 51 and running;
Thence North 4.16 feet to the 50 foot wetland off set ling;
Bence along 50 foot wetland off set fine the following thir-teen(13) courses; North 84'35'36 East
2.91 feet; thence South 85'58'5? Ecst 5.47 feet; thence South 86'1650`i East 5,25 feet; thence South
69'56'154 Ecst 2.25 feet;
thence South 41 a2'04 East 1-21 feet; thence North 55'03'33p East 4.9g feet; tt•ence North 76'C-0'5f
Ecst 4.20 foot;
tt-.ar.co north 45'21'21" Ecst 8.30 fcct; thanco North 57'35'4Y East 3.95 feat; tt encc South 49'3"21
East 11.32 feet;
tt.ence South 83'13'34" East 11.42 feet; thence South 24'51'027 East 6.87 feet, ther'ce South
5238'06' East 4.P4 feet to a paint on a buildir•g;
Thence along sold buildirg tie following ten(10) courses; North 74'59'4 vies[ 12,02 feet; thence
South 1.82 feet; thence Wast 8.58 feet; thence North 2.72 foot; thcnco West 4.74 feat; thence South
6.82 feet to a point of curvature; thence 19.52 feet along the arc of a 3,5 foot radius carve to the
right through c central angle of 319'35l i" (Long Chord Bears South 2.42 feet); thence south 1.97
feet to a pa;nt of curvature; thence 11.57 feet clang the are o4 a 25.00 foot radius curve to the left
through a central engfe of 26'30'33' (Lang Chord Bears South 80'45'57 West 11.45 feet); thence 'Nest
163,83 feet; thence North 13.05 feet; thence West 7.51 feet to the point of beginning.
Area contains 7137 square feet,
�4SI�Y� 1
4� ; /28/22'
r No.5152 62
NATIMAN S.
W E S C - xr,
OF Jrt�
Great Day Investments, LLC
April 3, 2024
Page 5
Attachments
F]
:Mike Kessler Kessler Custom
301-8-14,5754 i N A$ R Pal, Site Plan PAGE
JW6 E lAnase Flu") Lane
Sall Lave
City Lot # 51 s'n H—."y 'W. I E"Gha' rt i u- 11-101 SCALE: 1'= 27-0'
Utah 84102 Pine Tree Sutdivls:or tral 131XI 4C'111 DATE: 3.111 i2024
Great Day Investments, LLC
Apri13,2024
Page 6
Attachments
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