Garden City Engineer Report

Anita Weston, Reporter
Rich Civic Times

GARDEN CITY, Utah.  March 9,  2017.  Zan Murray,  Garden City Engineer, reported that the Elk Ridge MOU has been signed by all but one individual.  There is a concern since Richard Webber passed away and his estate is in probate.  The City needs to finish up the easement, but the signature of Dan Webber may not be accepted until the probate is finished.

Garden City does own the water tank on Elk Ridge.  There is a document signed by Frank Smith giving all rights that he had to the next owners of the easement going across the Webber property.  All of the primary owners have signed a MOU (Memorandum of Understanding) except Connie Webber.  

Legally, Garden City is recognized as the entity to own that easement.  Hopefully, this problem will be solved in the next few days.

The water project for this summer will be to get water under third west so that some construction can take place this fall.  Riley Argyle, Public Works, noted that the City will need to put in new culverts on third west.  There was so much drainage through there this spring when the canals overflowed that some of the culverts were squashed and a lot of sand bagging took place there.

There are some alignment items that need to be designed on the South end by the pond dealing with the third west road.  Murray reported that he will work on this project during this next month.  He will also work with UDOT in designing third west.  There are also some right-of-way issues that need to be taken care of.

Legacy Beach trail will be a boardwalk down to the lake.  Shore Lodge HOA is going to help the City in getting this boardwalk built.  The agreement with Shore Lodge HOA is fair.  They will pool their resources to give to the City.  They would also like to provide some labor on Saturdays during the summer and will make sure that the lumber for the walkway will be purchased at cost.  Members of the HOA voted on this agreement and approved it.  The design is pretty much there.

AGREEMENT BETWEEN GARDEN CITY AND SHORE LODGE ESTATES SUBDIVIDSION HOME OWNERS ASSOCIATION

Points for the agreement between Mayor John Sphuler representing Garden City and Jay Brown representing the Shore Lodge Estates Subdivision Home Owners Association (SLDSHOA).

The Shore Lodge Estates Home Owners Association makes the following suggestions to resolve our dispute over 6 driveways in the Shore Lodge Estates Subdivision.

SLEHOA is willing to help the city develop the existing access through the Legacy Beach Development by making a monetary contribution of $50,000.00 to Garden City, provided the funds are used for the specific purpose of developing that walking access. The HOA members would also agree to participate in providing labor as a part of a community improvement project to take place over a couple of Saturdays during the summer of 2017.  The HOA would also provide access to a member who has agreed to allow Garden City to purchase the needed building materials for this project at cost.  The monetary contribution of $50,000.00 would be made in two equal payments.  The first payment would be made within 10 days following the delivery of the documents contemplated by the parties’ agreement, with the subsequent payment to be made in 120 days thereafter, but not before the lot line adjustments discussed below are approved by the city.

Garden City would agree to provide a legally binding document that abandons Garden City’s right to exercise eminent domain over properties in the Short Lodge Estates subdivision now and in the future.  The agreement would state that if Garden City ever tried to disregard its commitment not to exercise eminent domain then in addition to paying just compensation required by law, Garden City would be required to refund monies paid by SLEHOA identified above.  The city would also agree to approve lot line adjustments for all of the members of the SLEHOA that would allow the HOA to transfer the appropriate portion of the driveways shown on the subdivision plat to the adjacent lot owner’s property, along with any wording changes required in the plat maps or other documents as required to achieve that end.