By Myrna Trauntvein
Times-News Correspondent
The Steve Kay Annexation Agreement was adopted by Mona
City Council on Tuesday, Dec. 20.
The agreement was adopted between Steve Kay, as the
petitioner, and Mona City Council as representatives of the
community to govern the annexation of 82.44 acres of real
property contiguous to, and situated on the east and south
of Mona.
Several interested residents attended the hearing and
stayed to witness adoption of the agreement and the
acceptance vote in favor of adoption of the Steve Kay
annexation.
The agreement adopted by the council found that
annexation of the property served the best interests of Mona
and the welfare of its citizens, meets with the city's
annexation policy plan, does not create islands or
peninsulas of unincorporated territory, and will not result
in a tax liability to the city's taxpayers.
"The Steve Kay annexation has gone through all the
public hearings required by law," said Cory Squire, council
member.
It had been addressed in a planning commission hearing
and in the city in a hearing.
"Phil Lowry, our attorney, has reviewed it," said
Squire.
Lowry would have made a small change but was unable to
do so in the allotted time and recommended the city go
forward with the agreement as it was written.
"The city is protected," he said.
In consideration of the mutual covenants, conditions
and terms of the agreement a legal description of the
annexation area was attached and the city agreed that the
area could be annexed into the city.
The annexation area was zoned R-1, or residential.
It was agreed, that dedication to the city of water
rights sufficient to support R-1 residential development of
the annexed area is to be a condition precedent to city
approval of any subdivision of the annexation area or for
the issuance of any building permit for construction of any
sort.
The petitioner agreed that there would be compliance
in all respects with applicable capital facilities plan and
regulations, impact fee provisions, infrastructure
development and dedication requirements and all other
relevant and applicable federal, state and local law.
No provision should be construed as a waiver of the
city's applicable requirements for approval of preliminary
or final subdivision plats, applicable fees, land use
requirements and limitations in the R-1 zone or any federal,
state or local law.
The agreement is to be recorded in the office of the
Juab County Recorder on the property described and will run
with the land and be binding on all petitioner's
successors.
The agreement also includes a survival clause, meaning
that it will be kept consistent with state or federal law
and the remainder of the agreement after amended would
remain in effect.
No third-party rights are granted and the agreement
contains the entire agreement.
It is construed in accordance with state law.Court
cots and attorneys fees, in the event of any legal action or
defense between the parties, the prevailing party or parties
will be entitled to costs and reasonable attorney fees.
"What about egress and entrance on the proposed
roads?" asked Harry Newell, council member.
Squire said that issue would be addressed on any
subdivision plat that may be presented in the future.
The annexed property also includes, in addition to the
Seven L. Kay property, land belonging to Loran, Cleston and
Marilyn Park, JoAnn and Mike Christiansen and Michael and
Sheila Park.
Kay had met all of the annexation requirements, a map
of the expansion area, the need for municipal services in
developed and undeveloped unincorporated areas and had
noticed all affected entities such as the county clerk, the
school district, irrigation districts and utility
companies.
"The agreement is a condition of the annexation," said
Squire.
|
