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024 of 2006 - annexing the property included within the Parley's Pointe Annexation Petition amending the applicabl w. n.. r R 06-1 P 06-1 SALT LAKE CITY ORDINANCE No. 24 of 2006 (Annexing the Property Included within the Parley's Pointe Annexation Petition, Amending the Applicable Master Plans, and Rezoning the Area upon its Annexation into the City) AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF SALT LAKE CITY TO INCLUDE APPROXIMATELY 405.59 ACRES OF UNINCORPORATED TERRITORY INCLUDED WITHIN THE PARLEY'S POINTE ANNEXATION PETITION, LOCATED IN THE VICINITY OF 2982 EAST BENCHMARK DRIVE (EAST OF APPROXIMATELY 3000 EAST AND FROM APPROXIMATELY 2100 SOUTH TO 2600 SOUTH), PURSUANT TO PETITION NO. 400-05-41, AMENDING THE EAST BENCH COMMUNITY MASTER PLAN, THE ARCADIA HEIGHTS, BENCHMARK AND H-ROCK SMALL AREA MASTER PLAN, AND AMENDING THE SALT LAKE CITY ZONING MAP TO ZONE AND DESIGNATE THIS AREA AS FOOTHILL RESIDENTIAL(FR-2), OPEN SPACE (OS) AND NATURAL OPEN SPACE (NOS) UPON ITS ANNEXATION INTO THE CITY. WHEREAS, Salt Lake City has received Petition No. 400-05-41 (the "Petition"), Parley's Pointe Annexation, filed by the Romney Lumber Company and Robert and Honora Carson requesting the annexation of approximately 405.59 acres of unincorporated territory in Salt Lake County, which would extend the existing corporate limits of Salt Lake City; and WHEREAS, the Petition is signed by the owners of a majority of the real property and the owners of more than one-third in value of all real property within the territory to be annexed as shown by the last assessment roles of Salt Lake County; and WHEREAS, the Petitioner has submitted to the City a plat for the territory proposed for the annexation; and WHEREAS, the territory described in the Petition lies contiguous to the corporate limits of Salt Lake City and within an area projected for Salt Lake's municipal expansion, and otherwise satisfies the standards and the criteria applicable to annexations; and WHEREAS, Salt Lake City and the Petitioner have executed a Settlement and Annexation Agreement, dated October 24, 2005, which addresses the annexation and future development of this property; and WHEREAS, no objection or protest to such annexation has been filed with the Salt Lake County Boundary Commission; and WHEREAS, after properly advertised and noticed public hearings before the Salt Lake City Planning Commission and the Salt Lake City Council, the City Council has determined that this annexation is in the best interest of the City; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Annexation. The Salt Lake City limits are hereby enlarged and extended so as to include the properties identified within the Parley's Pointe Annexation Petition, containing approximately 405.59 acres of unincorporated territory in Salt Lake County, State of Utah. Said properties are more particularly described as set forth on Exhibit A attached hereto. SECTION 2. Amendment of Applicable Master Plans. The East Bench Community Master Plan and the Arcadia Heights, Benchmark and H-Rock Small Area Master Plan,which were previously adopted by the City Council, shall be and hereby are amended to allow limited, very low density, single family residential development in the area consisting of not more than 15 new lots all but one of which shall be located on a private street extending off the current 2 terminus of Benchmark Drive, and not more than 4 new lots located on a public cul-de-sac extending from the current terminus of Scenic Drive. SECTION 3. Zoning. Portions of the property annexed, as more particularly described on Exhibit B(1),B(2) and B(3) attached hereto, shall be and hereby are designated and zoned as Natural Open Space (NOS). Portions of the property annexed, as more particularly described on Exhibit B(4), B(5), and B(6) attached hereto, shall be and hereby are designated and zoned Foothill Residential (FR-2). Portions of the property annexed, more particularly described on Exhibit C attached hereto, shall be and hereby are designated and zoned Open Space (OS). Zoning for portions of the property annexed,more particularly described on Exhibit D attached hereto, has been deferred for final decision to a future date. The Salt Lake City Zoning Map, as previously adopted by the Salt Lake City Council, shall be and hereby is amended consistent with this Ordinance. SECTION 4. General Jurisdiction. All ordinances,jurisdictions, rules and obligations of, or pertaining to, Salt Lake City are hereby extended over, and made applicable and pertinent to the above annexed property; and the property shall hereafter be controlled and governed by the ordinances, rules, and regulations of Salt Lake City. SECTION 5. Filings and Notices. Upon the effective date of this Ordinance,the City Recorder of Salt Lake City is hereby directed to file with the Salt Lake County Recorder, after approval by the City Engineer, a copy of the annexation plat duly certified and acknowledged together with a copy of this ordinance. The City Recorder is further directed to provide notice to the State Tax Commission under the provisions of Utah Code Annotated section 11-12-1, as amended. 3 4 t ..m • SECTION 6. Compliance with Settlement and Annexation Agreement. The effectiveness of this Ordinance shall be and hereby is expressly conditioned upon fulfillment of all of the applicable procedures, terms and conditions set forth in the Settlement and Annexation Agreement, dated October 24, 2005, a copy of which is on file with the Salt Lake City Recorder, including, but not limited to, the following items: (a) Approval by Salt Lake County of the Phase I Subdivision, consisting of not more than 15 lots located off Benchmark Drive; and (b) Construction of the public and private portions of the Phase I roadway and corresponding utility lines, or obtaining and filing a bond with Salt Lake City, in an amount and form reasonably acceptable to the City, for the roadway and corresponding utility lines. Upon satisfaction of all of the applicable procedures, terms, and conditions set forth in the Settlement and Annexation Agreement, this Ordinance shall become effective without the need for any further approval from the Salt Lake City Council. SECTION 7. Effective Date. This Ordinance shall not become effective until the terms and conditions set forth herein, as well as those terms and conditions set forth in the Settlement and Annexation Agreement, have been satisfied, as certified by the Director of the Salt Lake City Community Development Department and the Director of the Salt Lake City Public Utilities Department. The City Recorder is instructed not to record or publish this Ordinance until the above-mentioned certifications have been received. SECTION 8. TIME. If the conditions set forth above have not been satisfied within two years following the date of this Ordinance, this Ordinance shall become null and void. The City 4 v -^ wwrrr.wrw� _ 3�n", +'�' � .,.,,r.. N W..Y,i, �., ., v! .��► _ .wFtxmrs -r e v Council may, by resolution, for good cause shown, extend the time period for satisfying the conditions set forth herein. Passed and adopted by the City Council of Salt Lake City, Utah this 2nd day of May , 2006. CHAIRPERSON tT-T,VST: CUTY C RECO ER Deputy Transmitted to Mayor on 5/10/06 • Mayor's Action: X Approved. Vetoed. aj, R -h "VMAYOR CHIEF DEPUTY CI CO ER APPROVED AS TO FORM Salt Lake City Attorneys Office Data S- (SEAL) BY y Bill No. 24 of 2006. +�' °'� Published: ]:\Ordinance 06\Amending Parley's Pointe Annexation Petition-Apr 24,2006.doc 5 Exhibit"A" Annexation Boundary Annexation Boundary Description: Beginning at a point S89°41'10"E 130.00 along the North Section Line from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence S89°41'10"E 597.28 feet along said North Section Line; thence S89°41'00"E 1918.94 feet to the Northwest Corner of Section 24, Township 1 South, Range 1 East, Salt Lake Base and Meridian; thence S00°03'00"W 1316.37 feet along the West Line to the Northwest Corner of the Southwest Quarter of the Northwest Quarter of said Section 24; thence East 1326.43 feet to the Northeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 24; thence S00°02'12"W 392.81 feet along the East Line of the West Half of said Section 24 to the Northwesterly Line of the Gwennie Lode Mining No. 5048 Claim;thence S50°14'00"W 318.10 feet along said claim; thence S39°46'00"E 382.30 feet along said claim to said East Line; thence S00°02'12"W 2736.20 feet to the Northerly Right-of-Way Line of Interstate 80; thence the following eleven courses along said Northerly Right-of-Way Line: S85°53'00"W 446.28 feet; thence S86°31'00"W 108.50 feet; thence S85°44'00"W 109.02 feet; thence S76°18'00"W 176.62 feet;thence S72°59'00"W 146.72 feet; thence 67°44'00"W 403.96 feet; thence Westerly 687. 13 feet along the arc a 824.93 feet radius curve to the right, cord bears N88°24'15"W 687.13 feet; thence N64°32'30"W 1300.21 feet; thence N63°45'00"W 291.05 feet; thence N58°38'00"W 200.00 feet; thence N53°49'00"W 432.00 feet to the East Line of the Southwest Quarter; thence North 3483.18 feet along said East Line to Northeast Corner of Lot 609 of Arcadia Heights Plat F Subdivision, recorded as Entry No. 1840440 in Book Y at Page 39 in the Office of the Salt Lake County Recorder; thence the following three courses along the Easterly Boundary Line of said Arcadia Heights Plat F: N34°00'00"E 286.49 feet; thence N07°30'00'E 110.17 feet; thence N07°20'40"W 348.76 feet to the point of beginning, Contains 405.598 Acres. Excepting therefrom: Any part of the above described property lying within the Right-of-Way Limits of the Interstate 80. GL 5 1yVa( - �o Exhibit "B" Romney/Carson Property Parcels 16-23-226-004-4001 and 16-23-226-004-4002 owned by Romney/Carson: The Romney/Carson property will be divided into separate parcels when the final plat of the proposed subdivision is recorded by the County. The legal descriptions for each of the recommended zones for the Romney/Carson property are identified below: 1) Perpetual Open Space, Parcel "A" as identified in the Settlement Agreement: Zoning: NOS Parcel Description: Beginning at a point which is S89°41'00"E 727.28 feet along the North Section Line from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian and running thence S89°41'00"E 1918.93 feet along said North Line to the Northwester Corner of Section 24, Township 1 South, Range 1 East, Salt Lake Base and Meridian; thence S00°03'00"W 1316.24 feet along the West Line to the Northwest Corner of the Southwest Quarter of the Northwest Quarter of said Section 24; thence East 1326.43 feet to the Northeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 24; thence S00°02'12"W 392.81 feet along the East Line of the West Half of said Section 24 to the Northwesterly Line of the Gwennie Lode Mining No. 5048 Claim; thence S50°14'00"W 318.10 feet along said claim; thence S39°46'00"E 382.30 feet along said claim to said East Line; thence S00°02'12"W 2736.20 feet along said East Line to the Northerly Right-of-Way Line of Interstate Highway 80; thence the following six courses along said Northerly Right-of-Way Line: S85°53'00"W 446.28 feet; thence S86°31'00"W 108.50 feet; thence S85°44'00"W 109.02 feet; thence S76°18'00"W 176.62 feet; thence S72°59'00"W 146.72 feet; thence S67°44'00"W 381.82 feet to the East Line of said Section 23; thence N00°03'00"E 2593.48 feet along said East Line to the East Quarter Corner of said Section 23; thence West 1322.12 feet to the West Line of the East Half of the Southeast Quarter of said Section 23; thence S00°01'30"W 995.43 feet; thence N45°28'41"W 258.83 feet; thence N57°08'44"W 256.20 feet; thence N89°17'S 1"W 363.54 feet; thence N48°37'21"W 102.28 feet; thence N24°52'02"W 191.04 feet; thence North 231.04 feet; thence N09°04'08"W 256.87 feet; thence N11°59'24"E 398.95 feet; thence N52°25'01"W 153.19 feet; thence N53°41'29"W 113.67 feet; thence N36°18'31"E 85.64 feet; thence N52°58'57"W 352.64 feet to the Easterly Boundary Line of Benchmark Subdivision, recorded as Entry No. 3379920 in Book 79- 12 at Page 365 in the Office of the Salt Lake County Recorder; thence North 969.96 feet along said Easterly Boundary Line and the Easterly Boundary Line of Arcadia Heights Plat F Subdivision, recorded as Entry No. 1840440 in Book Y at Page 39 in the Office of the Salt Lake County Recorder to the Northeast Corner of Lot 610 of said Arcadia Heights Plat F Subdivision; thence East 193.35 feet; thence N12°30'00"W 220.80 feet; thence N07°30'00"E 222.34 feet; thence S89°41'10"E 421.15 feet; thence NOO°18'50"E 101.59 feet; thence S89°41'10"E 70.16 feet; thence NOO°18'50"E 85.23 feet; thence N89°41'10"W 11.46 feet; thence NOO°18'50"E 85.23 feet; thence S89°41'10"E 70.97 feet; thence NOO°18'50"E 73.46 feet to the point of beginning. Contains 273.63 Acres 2) Perpetual Open Space, Parcel "B" as identified in the Settlement Agreement: Zoning: NOS Boundary Description: Beginning at a point which is South 3797.25 feet along Section Line and East 642.46 feet from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence N54°37'14"E 343.39 feet; thence Southeasterly 46.26 feet along the arc a 368.00 foot radius curve to the right, chord bears S49°16'30"E 46.23 feet; thence S46°13'S 1"W 106.10 feet; thence S08°36'36"E 164.32 feet; thence N57°49'39"E 118.56 feet; thence South 288.71 feet; thence S89°58'30"E 315.81 feet to the West Line of the East Half of the Southeast Quarter of said Section 23; thence S00°01'30"W 18.91 feet; thence N89°58'30"W 382.62 feet; thence N43°34'31"W 430.20 feet; to the point of beginning. Contains 93959 square feet or 2.157 acres. 3) Perpetual Open Space, Parcel "C" as identified in the Settlement Agreement: Zoning: NOS Boundary Description: Beginning at a point which is South 3757.84 feet along Section Line and East 591.69 feet from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence S52°10'55"E 64.27 feet; thence S43°34'31"E 430.20 feet; thence S89°58'30"E 382.62 feet to the West Line of the East Half of the Southeast Quarter of said Section 23; thence S00°01'30"W 812.66 feet to the Northerly Right-of-Way Line of Interstate 80; thence the following four courses along said Northerly Right-of-Way Line: (1) N64°32'30"W 598.93 feet; (2) thence N63°45'00"W 291.05 feet; (3) thence N58°38'00"W 200.00 feet; (4) thence N53°49'00"W 268.20 feet; thence N41°43'24"E 690.39 feet to the point of beginning. Contains 16.55 Acres 4) Proposed Subdivision, Phase I, lots 1-13 as identified in the Settlement Asreement• Zoning: FR-2 Boundary Description: Beginning at a point which is South 1752.48 feet along Section Line from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence S52°58'57"E 352.64 feet; thence S36°18'31"W 85.64 feet; thence S53°41'29"E 113.67 feet; thence S52°25'01"E 153.19 feet; thence S 11°59'24"W 398.95 feet; thence S09°04'08"E 256.87 feet; thence South 231.04 feet; thence S24°52'02"E 191.04 feet; thence S48°37'21"E 102.28 feet; thence S89°17'51"E 363.54 feet; thence S57°08'44"E 256.20 feet; thence S49°50'12"W 252.23 feet; thence ,..ilW..A,.b" W. A "' "' '°� 'YM`Ifll✓s1FY'i. A _ W .. ... y y .. .. Northwesterly 28.58 feet along the arc a 368.00 foot radius curve to the left, chord bears N50°39'06"W 28.57 feet; thence S54°37'14"W 343.39 feet; thence N52°10'55"W 64.27 feet; thence N52°10'55"W 130.67 feet; thence N53°00'55"W 611.50 feet to the Easterly Boundary Line of Benchmark Subdivision, recorded as Entry No. 3379920 in Book 79- 12 at Page 365 in the Office of the Salt Lake County Recorder; thence North 1557.37 feet along said Easterly Boundary Line to the point of beginning. Contains 19.68 Acres 5) Proposed Subdivision,Phase I, lots 14a, 14b and 15 as identified in the Settlement Agreement: Zoning: FR-2 Boundary Description: Beginning at a point which is South 3453.86 feet along Section Line and East 1137.28 feet from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence S45°28'41"E 258.83 feet to the West Line of the East Half of the Southeast Quarter of said Section 23; thence S00°01'30"W 454.83 feet; thence N89°58'30"W 315.81 feet; thence North 288.71 feet; thence S57°49'39"W 118.56 feet; thence N08°36'36"W 164.32 feet; thence N46°13'51"E 106.10 feet; thence Northwesterly 17.69 feet along the arc a 368.00 foot radius curve to the left, chord bears N47°03'02"W 17.68 feet; thence N49°50'12"E 252.23 feet to the point of beginning. Contains 4.61 Acres 6) Proposed Subdivision,Phase II, lots 1-4, as identified in the Settlement Agreement: Zoning: FR-2 Boundary Description: Beginning at a point which is South 3309.84 feet along Section Line from the North Quarter Corner of Section 23, Township 1 South, Range 1 East, Salt Lake Base and Meridian; and running thence S53°00'55"E 611.50 feet; thence S52°10'55"E 130.67 feet; thence S41°43'24"W 690.39 feet; thence N53°49'00"W 163.80 feet to the Section Line and the extension of the Easterly Boundary Line of Benchmark Subdivision, recorded as Entry No. 3379920 in Book 79-12 at Page 365 in the Office of the Salt Lake County Recorder; thence North 866.58 feet along Section Line to the point of beginning. Contains 7.19 Acres 4-k\C4P sC • • Exhibit"C" Properties to be zoned OS The following parcels will be incorporated into the corporate limits of Salt Lake City and zoned as follows: 1) 16-23-400-001, owned by Jack Jensen and Intermountain Holding Company, to be zoned OS Zoning: OS Legal Description: 16-23-400-001, owned by Jack Jensen and Intermountain Holding Company EAST 1/2 OF SOUTHEAST 1/4 SECTION 23 TOWNSHIP 1 SOUTH RANGE 1 EAST SALT LAKE BASE AND MERIDIAN LESS STATE ROAD COMMISSION TRACT. 73 ACRES. Exhibit"D" Zoning Deferred to a Future Date The following parcels will be incorporated into the corporate limits of Salt Lake City and zoned as follows: 1) 16-23-201-016, owned by Andrea& Louis Barrows 2) 16-23-201-017, owned by Benjamin Buehner 3) 16-23-201-018 (partial), owned by Lynn Mabey 4) 16-23-201-019, owned by Axxon Investment Company 5) 16-23-201-013, owned by Alan& Orlene Cohen 6) 16-23-201-014, owned by Alan& Orlene Cohen All 6 parcels: Zoning: On May 2, 2006 the City Council deferred the zoning of these properties to a future date. Legal Descriptions for each parcel: 16-23-201-016, owned by Andrea& Louis Barrows BEGINNING AT THE NORTHEAST CORNER OF LOT 602, ARCADIA HEIGHTS SUBDIVISION PLAT F, SALT LAKE CITY SURVEY; SOUTH 89°41'10" EAST 516.82 FEET; SOUTH 00°18'50" WEST 85.23 FEET;NORTH 89°41'10" WEST 505.36 FEET;NORTH 07°20'40" WEST 86 FEET TO BEGINNING. 1 ACRE. 16-23-201-017, owned by Benjamin Buehner BEGINNING AT NORTHEAST CORNER OF LOT 601, ARCADIA HEIGHTS SUBDIVISION PLAT F SALT LAKE CITY SURVEY; SOUTH 89°41'10" EAST 597.67 FEET; SOUTH 00°18'50" WEST 73.49 FEET;NORTH 89°41'10" WEST 587.79 FEET;NORTH 07°20'40" WEST 74.148 FEET TO BEGINNING. 1 ACRE. 16-23-201-018 (partial), owned by Lynn Mabey LOT 607, ARCADIA HEIGHTS PLAT F. ALSO BEGINNING AT MOST EASTERLY CORNER OF SAID LOT 607; SOUTH 62° EAST 15.08 FEET; SOUTH 34° WEST 98.76 FEET;NORTH 54°45' WEST 15 FEET;NORTH 34° EAST 96.86 FEET TO BEGINNING. 16-23-201-019, owned by Axxon Investment Company BEGINNING SOUTH 89°41'10" EAST 130 FEET & SOUTH 7°20'40" EAST 348.755 FEET & SOUTH 7°30'WEST 110.172 FEET FROM NORTH 1/4 CORNER OF SECTION 23, TOWNSHIP 1 SOUTH RANGE 1 EAST SALT LAKE BASE AND MERIDIAN; SOUTH 7°30' WEST 112.166 FEET; SOUTH 12°30' EAST 220.793 FEET; WEST 193.348 FEET TO WEST LINE OF EAST 1/2 OF SD SECTION 23; NORTH 89.26 FEET;NORTH 34° EAST 79.794 FEET; SOUTH 54°45' EAST 15 FEET;NORTH 34° EAST 98.76 FEET;NORTH 62° WEST 15.08 FEET;NORTH 34° EAST 109.831 FEET TO BEGINNING. 0.71 ACRES 16-23-201-013, owned by Alan & Orlene Cohen: BEGINNING AT THE NORTHEAST COR OF LOT 603, ARCADIA HEIGHTS SUBDIVISION, PLAT F, SALT LAKE CITY SURVEY; S 89°41'10" EAST 516.82 FEET; SOUTH 00°8'50" WEST 85.23 FEET NORTH 89°41'10" WEST 505.36 FEET; NORTH 07°20'40" WEST 86 FEET TO BEGINNING. 1 ACRE. 16-23-201-014, owned by Alan & Orlene Cohen BEGINNING AT THE NORTHEAST CORNER OF LOT 604, ARCADIA HEIGHTS SUBDIVISION, PLAT F, SALT LAKE CITY SURVEY; SOUTH 89°41'10" EAST 435.20 FEET; S 00°EST8'50" W 101.69 FEET;NORTH 89°41'10" WEST 421.53 FEET; NORTH 07°20'40" WEST 102.61 FEET TO BEGINNING. 1 ACRE. lj•C 5 jy 1oc19 Map Reflecting Alternative Ordinance (3rd Revision, 5-3-06) PARLEY'S POINTE ANNEXATION PLAT LOCATED IN SECTION 23, TOWNSHIP 1 SOUTH,RANGE 1 EAST,SALT LAKE BASE&MERIDIAN SALT LAKE CITY,SALT LAKE COUNTY,UTAH NOS �_� �e,R.'m,. • ...•14i4C— 31417 20207IZi2.A-.-..TACO FR-2 z ZONING DEFERRED TO i °°'AVOYM GRAPHIC SCALE A FUTURE DATE m 00 W g b T t nlq•"` IWDI�,) Fs'FS= eM It 1/i1Y ———— sEclaN lAVE 0 mo.EaTo, 642143.30. 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