Midway City Council 24 January 2018 Regular Meeting. Lundin Annexation / Proposal from Petitioners

Transcription

1 Midway City Council 24 January 2018 Regular Meeting Lundin Annexation / Proposal from Petitioners

2 Brad Wilson From: Sent: To: Subject: Michael Henke Thursday, January 18, :15 AM Brad Wilson FW: Lundin Annexation From: NORA LUNDIN Sent: Thursday, January 4, :14 PM To: NORA LUNDIN Michael Henke Subject: Re: Lundin Annexation In response to your today. Below is our final proposal for what we are willing to agree to for the annexation as I said December 11, If the city council does not feel that this is exceptable than as I said below we will proceed with an alternate option. We will not annex the property, which will in turn not provide Midway with property for an emergency road/second access to the Swiss Alpine area and certainly not do any improvement to the trailer park. This will include not allowing Mr. Bouie any access to landscaping any of our property within the Swiss Alpine corridor. Thanks for your consideration, Nora Lundin From: NORA LUNDIN <noralundin@hotmail.com> Sent: Monday, December 11, :25 PM To: mhenke@midwaycityut.org; cbonner@midwaycityut.org Subject: Lundin Annexation Good afternoon, Regarding the annexation of our property, these are the conditions that we are willing to agree to... We will deed midway the land that is required to build a 28 foot road along the eastern most part of the property that is being annexed from the south at Swiss Alpine road to the north then east to Bigler Lane. This will be deeded to Midway in order to build a road for second access to the Swiss Alpine area. This will be deeded at time of annexation of the 3.77 acres of property into Midway city. Midway agrees to compensate the Lundin family fourty thousand dollars cash at the time of recorded annexation. Midway also agrees to build a road 24 feet wide from Swiss Alpine to Bigler lane within this road easement The Lundins will not pay any cost associated with building this road (I.e. Survey Annexation engineering etc) The Lundin family will not landscape the property along the "burm" in front of the trailer court. The landscaping attached to the subdivision will be agreed upon during the subdivision approval process. We will agree to pay the "parks fee". Thank you. Please let me know if these are agreeable terms to the Midway City Council before any agreement is written up by 1

3 Corbin as if this can not be agreed upon we will proceed with an alternate plan. Sent from my iphone 2

4 CITY COUNCIL MEETING STAFF REPORT DATE OF MEETING: January 24, 2018 NAME OF PROJECT: NAME OF APPLICANT: AGENDA ITEM: LOCATION OF ITEM: ZONING DESIGNATION: Lundin Annexation Lundin Farms Annexation 900 West Swiss Alpine Road R-1-22 ITEM: 6 Lundin Farms is requesting annexation of 3.77 acres of property located at 900 West Swiss Alpine Road. The proposed zoning for the property is R BACKGROUND: Lundin Farms has petitioned the City to annex 3.77 acres that will be zoned R-1-22 (half acre), if approved by the City Council. Currently the property is in the County and is zoned RA-1 (one acre). The area does fall within Midway s annexation declaration area so the property can be annexed but the City is under no obligation to annex the property. The Municipal Code does require that numerous issues are analyzed and evaluated before the City considers approving an annexation. Those items will be discussed in the analysis section of this report. Currently the City boundary runs along the three sides of the proposed annexation. Item 6 Annexation 1

5 The annexation contains one parcel: Property Owner Tax ID# Signed Petition Acres Market Value Lundin Farms OWC Yes 3.77 $ 143,500 Annexations fall under the category of a legislative action. Therefore, the City Council has broad discretion regarding the petition. It can be approved or denied based on the discretion of the Council members. There is no obligation by the City to annex the property. If the Council feels that the area will contribute to the community and will help promote the goals and policies of the General Plan, then the annexation should be considered. The City Council may consider any issue, included in the staff report or not, as a discussion item. Also, the City may require items from the petitioners that normally would not be allowed if a developer s property were already located and zoned in the City. Since the action is legislative, it is not bound to the same rules that an administrative process is bound to. In the past, petitioners of annexations have donated to the parks fund as part of their annexations. The average amount that has been donated to the park fund from petitioners of annexations is $ per acre. For the 3.77 acres, the total would be $2, that would be donated if calculated using the average amount per acre. This item has been noticed in the local newspaper for two weeks and on the State s website for the City Council meeting. Public notices have also been posted in three public locations in Midway advertising the meeting and agenda. Also, letters have been mailed to all property owners within 600 of the proposed annexation. ANALYSIS: The comments in italicized represent Planning Staff s comments pertaining to compliance or lack of compliance with the findings the City Council must make in considering this request. Section requires specifically the Staff address the following issues: A. The ability to meet the general annexation requirements set forth in this Title; Planning staff believes that the proposal does comply with the general requirements of this Title. B. An accurate map of the proposed annexation area showing the boundaries and property ownership within the area, the topography of the area and major natural features, e.g. drainage, channels, streams, wooded areas, areas of high water table, very steep slopes, sensitive ridgeline areas, wildfire/wild land interface areas, and other environmentally sensitive lands: The proposed annexation plat map has been submitted and is attached to this report. Also, a proposed development plan has been submitted and does not include any sensitive lands. There is fire urban interface close to the annexation area and there has been a history of fires close to the property proposed for annexation. Item 6 Annexation 2

6 C. Identification of current and potential population of the area and the current residential densities: Currently there are no dwellings on the property. The current county zoning is RA-1 which allows one lot per acre and potentially, if developed in the county, there could be three lots. The development potential of the area if annexed into the City and given the R-1-22 zoning, is six building lots. D. Land uses presently existing and those proposed: Currently the land in the area is being used for agricultural purposes. If annexed into the City, the proposed land use is residential. E. Character and development of adjacent properties and neighborhoods: The properties surrounding the proposed annexation are mostly agricultural in nature with residences dispersed in the area. There is also a legal nonconforming trailer park located to the east that can be characterized as having higher density than the current zoning allows. F. Present zoning and proposed zoning: The current county zoning is RA-1 which is a one-acre zone. The planned zoning that Midway has established is R-1-22 which is a half-acre zone. G. A statement as to how the proposed area, and/or its potential land use will contribute to the achievement of the goals and policies of the Midway City General Plan and the Midway City Vision: The developer does plan to subdivide the property into lots that are half acre in size or larger which does comply with the vision of the general plan in this area. The General Plan promotes in the Land Use Goals and Guidelines section of the General Plan the following: Guideline 3: Maintain and enhance the pleasing appearance and environmental quality of existing residential neighborhoods. Goal 2: Encourage open space to preserve a high quality of life and to preserve Midway s rural atmosphere. These statements should be applied to the annexation area and the surrounding area to promote the goals of the General Plan. The open space in the proposed subdivision should be relocated along Swiss Alpine Road so that the entire community can enjoy the open space and rural atmosphere. Also, the area fronting the trailer park should be beatified to comply with the goals of the General Plan. H. Assessed valuation of properties within the annexation area: The property within the annexation area is an agricultural area and is currently taxed as green belt. Once the property is developed the roll back taxes will be paid and it will be taxed as a developed subdivision. Item 6 Annexation 3

7 I. Potential demands for various municipal services and the need for land use regulation in the area, e.g. consideration of the distance from the existing utility lines, special requirements for sensitive land review and fire protection in wildfire or wild land areas, location within hazardous soils area, and feasibility of snow removal from public streets: If the property is annexed the City will be required to provide services to the area. Office staff, in the various City departments, will spend time working on the development and with the residents in the annexed area. This includes land use applications, building permits, and utility payments. Also, the City will remove snow from any public streets and will maintain the roads and water lines in the area. These services cost the City money and though property taxes from the new residents will help offset that cost the City will need to have some commercial development and the sales taxes collected from the sales generated to help offset those new costs. That is assuming that the new growth will help increase sales in Midway by increasing activity in the current Midway stores or will help new businesses establish in Midway. It is unknown what the impact of the new homes will have but we do know the City s cost will increase because of the new growth. The City does have water lines in the surrounding area of the annexation and other utilities are located nearby. J. The effect the annexation will have upon City boundaries and whether the annexation will ultimately create potential for future islands, undesirable boundaries, and difficult service areas: The annexation will increase the City s boundaries. Currently the proposed annexation area is a peninsula that juts into the City, by annexing the area the City boundary will feel more normal. It is staff s experience that many people and residents already assume the area is part of the City. K. A proposed timetable for extending municipal services to the area and recommendation on how the cost thereof will be paid: City services are in the surrounding area of the boundary of the annexation. The developer will need to build the infrastructure for the development, so the City will incur no development cost, only maintenance cost, once that infrastructure is approved by the City. L. Comparison of potential revenue from the annexed properties with the cost of providing services thereto: It appears the development will be like other developments in the general area. Generally residential development does not pay enough in taxes to cover the cost of the services provided by the City. In very general terms, and as described in the City s General Plan, for every dollar the City collects from a residence the City pays $1.16 to provide services. Therefore, commercial growth is important for the City which helps offset this unbalanced revenue versus cost. M. An estimate of the tax consequences and other potential economic impacts to residents of the area to be annexed: The petitioner is the only entity that will be impacted by increased taxes. The property will no longer be taxed as green belt once a plat is recorded on the property. Item 6 Annexation 4

8 N. Recommendations or comments of other local government jurisdictions regarding the annexation proposal and the potential impact of the annexation on the general county economic needs, goals, or objectives: No government jurisdiction or agency has objected to the proposed annexation. The City held a review meeting and invited all potentially impacted jurisdictions, agencies and utilities and no major concerns were identified in that meeting. O. Location and description of any historic or cultural resources: No issues have been identified. Additional Items of consideration Lundin Farms owns other property in the area including the trailer park to the east. With this proposed annexation and other proposed development in the area, the community has an opportunity to implement goals from the General Plan. General Plan the following: Guideline 3: Goal 2: Maintain and enhance the pleasing appearance and environmental quality of existing residential neighborhoods. Encourage open space to preserve a high quality of life and to preserve Midway s rural atmosphere. These statements should be applied to the annexation area and the surrounding area to promote the goals of the General Plan. The open space in the proposed subdivision should be relocated along Swiss Alpine Road so that the entire community can enjoy the open space and rural atmosphere. Also, the area fronting the trailer park should be beatified to comply with the goals of the General Plan. A second access is required as part of the City s adopted standards specification and drawings. Currently, there are hundreds of units that only have one access which is Swiss Alpine Road. This development will add 11 (five from the annexation area and six from property already located in the City) more lots on a large cul-de-sac. Staff feels this is not sound planning and it is a safety issue to extend the road system in this situation. The City s Master Transportation Plan does plan for Bigler Lane to connect to Olympic Way in the future but there is no time table for when this connection will be made. The connecting of these two roads will create a second access for all the lots located in the City that access on Swiss Alpine Road. The developer could help with this issue by deeding and building a secondary access road. The City should consider this safety issue when considering the annexation. Item 6 Annexation 5

9 The City gains control over zoning once an area is annexed. This helps the city assure that uses on the property will be in harmony with the General Plan. If the City does not annex a parcel, then the owners may develop in the county using the county s land use code. PLANNING COMMISSION RECOMMENDATION: Motion: Commissioner J. Kohler: I move that we recommend to City Council approve the annexation of the 3.77 acres of the Lundin Farms property located at 900 W Swiss Alpine Road with proposed zoning for the property of R We accept the finding of the staff report that the City will gain control over land use and zoning if the area is annexed and we recognize that this proposal is a legislative action. The conditions are, one that there would be 28-foot land dedication from the annexation boundary to Bigler Lane, the subdivision reconsider to put open space along Swiss Alpine Road, there ll be landscaping along the north side of Swiss Alpine Road in coordination with the Irrigation Company and the park annexation fees will be required as provided in the staff report. Chairman Nichols: Do we have a second? Seconded: Commissioner Nicholas Chairman Nichols: We have a second. Any discussion, questions or comments on the motion? There was none. Chairman Nichols: All in favor? Ayes: Commissioners Streeter, J. Kohler, Waldrip, Nicholas, Ream and Payne Nays: None Motion: Passed POSSIBLE FINDINGS: The City will gain control over land use and zoning if the area is annexed. The proposal is a legislative action. ALTERNATIVE ACTIONS: 1. Approval of the annexation. This action can be taken if the City Council that the annexation is in the best interest of the community. a. Accept staff report b. List accepted findings c. Place condition(s) Item 6 Annexation 6

10 2. Continuance. This action can be taken if the City Council feels that there are unresolved issues. a. Accept staff report b. List accepted findings c. Reasons for continuance i. Unresolved issues that must be addressed d. Date when the item will be heard again 3. Denial of the annexation. This action can be taken if the City Council feels that the request is not in the best interest of the community. a. Accept staff report b. List accepted findings c. Reasons for denial PROPOSED CONDITIONS: land dedication from annexation boundary to Bigler Lane for a secondary access road. 2. Open space located along Swiss Alpine Road in the future subdivision. 3. Landscaping is installed along Swiss Alpine Road along other Lundin property located to the east of the proposed annexation. 4. Park annexations fees of $2, are required when annexation plat is recorded. Item 6 Annexation 7

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14 Annexation Agreement: Lundin Farms ANNEXATION AGREEMENT FOR THE LUNDIN FARMS ANNEXATION MIDWAY CITY, UTAH This Annexation Agreement ( Agreement ) is made and entered into by and between Midway City, a political subdivision of the State of Utah, (hereinafter referred to as the City ), and Lundin Farms, LLC, (hereinafter referred to as the Applicant ). The property which is included in the Annexation Petition, and which is the subject of this Agreement, includes one separate parcel, which is owned by the Applicant. Applicant, therefore, represents all of the parcels of land located in Wasatch County, Utah, as further described herein, which parcels are proposed for Annexation into the City. The Applicant and the City are, from time to time, hereinafter referred to individually as a Party and collectively as the Parties. Unless otherwise noted herein, this Agreement supersedes and replaces any previous Annexation agreements entered into by and between the Applicants and the City involving the same Annexation Property (defined below) and is the entire, complete Agreement between the Parties. RECITALS A. Midway City, acting pursuant to its authority under Utah Code Annotated (UCA) 10-9a-101 et seq., and UCA et seq., in furtherance of its land use policies, goals, objectives, ordinances, resolutions, and regulations, has made certain determinations with respect to the proposed annexation and, in the exercise of its legislative discretion, has elected to enter into this Agreement. B. The Applicant is the owner of certain real property which is described in Exhibit A, the Annexation Petition, attached hereto and incorporated herein by this reference. All of the real property described in Exhibit A is proposed for annexation into Midway City. Hereinafter, the entire parcel described in the Annexation Petition is referred to as the Annexation Property. C. The Annexation Property, once annexed into Midway City, will be subject to the City of Midway Zoning Ordinance and other City Ordinances and Resolutions. The Applicant and the City desire to allow Applicant and others to make improvements to the Annexation Property pursuant to applicable ordinances, resolutions and the terms and conditions of this Agreement. D. The improvements and changes to be made to the Annexation Property shall be consistent with the current ordinances and standards of the City, any future changes to the ordinances and standards of the City and the Midway City General Plan. 1 P age

15 Annexation Agreement: Lundin Farms E. The Applicant and the City acknowledge and agree that the development and improvement of the Annexation Property pursuant to this Agreement will result in planning and economic benefits to the City and its residents, and will provide certainty useful to the Annexation Property and the City in ongoing future communications and relations with the community. F. The City s governing body has authorized the execution of this Agreement by Resolution 2018-, to which this Agreement is attached. G. The City has authorized the negotiation of and adoption of annexation agreements under appropriate circumstances where proposed development contains outstanding features which advance the policies, goals and objectives of the Midway City General Plan, preserves and maintains the open and rural atmosphere desired by the citizens of Midway City, and contributes to capital improvements which substantially benefit the City. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Recitals: The preamble and recitals set forth above are incorporated herein as part of the Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the annexation of real property into the City, to designate zoning that will apply to the Annexation Property upon annexation, and to provide for future development of the Annexation Property, in accordance with the adopted Ordinances and Resolutions of the City, the Midway City General Plan, and the laws of the State of Utah, as they may be from time to time amended. 3. Conditions Precedent: The City and the Applicant agree, understand and acknowledge that this Agreement is for the annexation of the Annexation Property. Further, the City and the Applicant agree and understand that this Agreement shall be a covenant running with the Annexation Property, and shall bind any future owners, heirs or assigns. 4. Permitted Uses on Annexation Parcel: The permitted uses for the Annexation Property shall be those uses specifically listed in the Zoning Ordinance of the City, as amended from time to time. 5. Term: This Agreement shall become effective as of the date of annexation of the Annexation Property into the City, and shall continue in full force and effect from that time onward. 2 P age

16 Annexation Agreement: Lundin Farms Annexation: The City, pursuant to the Annexation Petition filed by the requisite number of land owners and land area within the area proposed for annexation, and in accordance with the authority granted by statute, hereby agrees to adopt an Ordinance of Annexation, and thereby to annex into the City the Annexation Property described in the attached Exhibits. The Annexation Property shall be subject to the terms and conditions of this Agreement as well as the annexation laws and other Ordinances, Resolutions or laws of the City of Midway and the State of Utah. It is further agreed that this Annexation Property meets all the requirements for annexation, including but not limited to the following: A. Contiguity: The Annexation Property is contiguous to the existing boundaries of the City, as shown on Exhibit B, attached hereto and incorporated herein by this reference. B. Within Declaration Area: The Annexation Property is within the area identified by the City in its Annexation Policy Declaration Statement for possible annexation into the City. C. Not Within Another City: The Annexation Property is not included within the boundaries of any other incorporated municipality. D. No Pending Incorporation. There are no pending annexation petitions to incorporate any of the Annexation Property into any other municipality. E. No Unincorporated Islands. The annexation of the Annexation Property will not create or leave any islands of unincorporated property requiring municipal type services. F. Not Solely for Revenue Purposes. The proposed annexation is not being pursued by the City solely for the purpose of gaining revenues or to gain a jurisdictional advantage over another municipality or to restrict annexation by some other municipality. G. Services Available. The City intends to provide the same level of municipal services within the Annexation Property as it provides in all other areas within its boundaries, except as otherwise provided for in this Agreement. H. Petition. The Petition for Annexation was properly signed by the requisite number of land owners of the land area within the proposed Annexation Property. The petition for annexation of this property has met all the requirements of the Utah Code. Public notices and other requirements have been met. I. No Fiscal Burden Created. The City has determined that annexation of this area will not create a fiscal burden on the City that will not be offset by the revenues expected to be generated by virtue of this annexation. J. Compatibility. The proposed annexation is a compatible land use within the community. K. Illegal Peninsulas. The proposed annexation does not create any illegal peninsulas of unincorporated property projecting into or out of the City. 3 P age

17 Annexation Agreement: Lundin Farms General Character of Land to Be Annexed. A. Description of the Annexation Property. The Annexation Property consists of approximately 3.77 acres of land. The area proposed for annexation is located at approximately 900 West Swiss Alpine Road near the existing boundaries of Midway City. The annexation contains one separate parcel which is owned by the Applicant, with the Tax ID # of OWC The Applicant owns 100% of the land included and 100% of the taxable value. The petition does comply with State Code that requires the owners of most of the land sign the petition and that the signers also own at least 1/3 of the taxable value of land in the annexation area. B. The Annexation Property is currently zoned RA-1 by Wasatch County. C. The existing boundaries of the City border the Annexation Property on three sides. 8. Conditions of Annexation. A. The Annexation Property shall be annexed into the City of Midway and shall be zoned R B. Additional Conditions: 1. Streets and access: a. As a condition of Annexation, Applicant shall dedicate a strip of land twenty-eight feet (28 ) feet wide, from Swiss Alpine Road to Bigler Lane, as shown on the attached Exhibit B, incorporated herein by this reference, for purposes of a secondary access road. The dedication shall take place concurrently with, and shall be recorded at the same time as the recording of this Annexation Agreement. 2. Additional Requirements: a. Nothing in this Agreement shall relieve the Applicant of meeting all other requirements, obligations and conditions legally imposed by the City as part of a development approval. b. Applicant agrees that as a condition of this Annexation Agreement, they will dedicate open space along Swiss Alpine Road as shown on the attached Exhibit B, as part of any future subdivision approval. c. Applicant agrees to install landscaping along Swiss Alpine Road and along other Lundin property located east of the Annexation Property, as shown on the attached Exhibit B, in connection with any future subdivision approval. d. Applicant agrees to pay Park Annexation Fees in the amount of $2, prior to recording of the Annexation Agreement or Plat. e. Applicant and Applicant s successors and assigns agree to pay the City for the City s costs incurred in creating this Annexation Agreement and in reviewing and 4 P age

18 Annexation Agreement: Lundin Farms processing the Annexation Petition and any application(s) for development on the Annexation Property, including but not limited to legal and engineering fees. f. Nothing herein shall be construed to relieve Applicant of the standard obligations to also pay application fees, impact fees, connection fees, and other City fees and charges as part of the development process. Notwithstanding anything contained in this Agreement, the City reserves the right to require Applicant to execute and comply with a separate development agreement in order to develop the Annexation Property, which development agreement may contain terms adding to or amending the terms of this Agreement. 5 P age 9. Miscellaneous Provisions: A. Headings. The descriptive headings of the paragraphs of this Agreement are for convenience only, and shall not control or affect the meaning or construction of any provision of this Agreement. B. Authority. The Parties to this Agreement represent to each other that they have full power and authority to enter into this Agreement, the City Council and/or Mayor on behalf of the City and the Applicant on behalf of its property within the Annexation Property. The parcels of property that are not signatories to this Agreement but that are included in the Annexation are bound by the terms of this Agreement pursuant to State Law. The Applicant represents and warrants that each Party is fully authorized and validly existing under the laws of the State of Utah, if applicable. The Applicant and the City warrant to each other that the individuals executing this Agreement on behalf of their respective Parties are authorized and empowered to bind the Parties on whose behalf each individual is signing. The Applicant represents to the City that by entering into this Agreement, the Applicants have bound themselves, all the owners of the Annexation Property, and all persons and entities having any current or future legal or equitable interest in the Annexation Property, to the terms of this Agreement. C. Entire Agreement. This Agreement, including Exhibits, constitutes the entire agreement between the Parties, except as supplemented by Midway City Ordinances, Resolutions, policies, procedures and plans. D. Amendment of this Agreement. This Agreement may not be amended, in whole or in part,, except by the mutual written consent of the Parties to this Agreement or by their successors in interest or assigns. Any such amendment to this Agreement shall be recorded in the official records of the Wasatch County Recorder s Office. E. Severability. If any of the provisions of this Agreement are declared void or unenforceable, such provision shall be severed from this Agreement, which Agreement shall otherwise remain in full force and effect. F. Governing Law. The laws of the State of Utah shall govern the interpretation and enforcement of this Agreement. The Parties agree that the venue for any action commenced in connection with this Agreement shall be proper only in a court of

19 Annexation Agreement: Lundin Farms competent jurisdiction located in Wasatch County, Utah, and the Parties hereby waive any right to object to such venue. G. Remedies. If any Party to this Agreement breaches any provision of this Agreement, the non-defaulting Party shall be entitled to all remedies available at both law and in equity. H. Attorney s Fees and Costs. If any Party brings legal action either because of a breach of the Agreement or in order to enforce a provision or term of this Agreement, the prevailing Party shall be entitled to recover reasonable attorney s fees and court costs. I. Binding Effect. The benefits and burdens of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective heirs, legal representatives, successors in interest and assigns, including all successive owners of the Annexation Property. The Agreement shall be incorporated by reference in any instrument purporting to convey an interest in any portion of the Annexation Property. The terms of this Agreement and the obligations of the Applicant hereunder shall be binding upon all present and future owners of the Annexation Property and shall be appurtenant to, and shall run with, said land. J. Third Parties. There are no third-party beneficiaries to this Agreement, and no person or entity not a Party hereto shall have any right or cause of action hereunder. K. No Agency or Partnership Created. Noting contained in this Agreement shall be construed to create any partnership, joint venture, or agency relationship between the Parties. L. Recording. Upon execution, this Agreement shall be recorded in the official records of the Wasatch County Recorder. IN WITNESS HEREOF, this Agreement has been entered into by and between the Applicant and the City as of the date and year first above written. CITY OF MIDWAY Celeste Johnson, Mayor Attest: Brad Wilson, City Recorder 6 P age

20 Annexation Agreement: Lundin Farms STATE OF UTAH ) :ss COUNTY OF WASATCH ) The foregoing instrument was acknowledged before me this day of, 2018, by Celeste Johnson, who executed the foregoing instrument in her capacity as the Mayor of Midway City, Utah, and by Brad Wilson, who executed the foregoing instrument in his capacity as Midway City Recorder. APPLICANT LUNDIN FARMS, LLC NOTARY PUBLIC By: Its: STATE OF UTAH ) :ss COUNTY OF WASATCH ) The foregoing instrument was acknowledged before me this day of, 2018, by, who executed the foregoing instrument in his capacity as the of the Applicant. NOTARY PUBLIC 7 P age

21 Annexation Agreement: Lundin Farms P age

22 Annexation Agreement: Lundin Farms Exhibit A ANNEXATION PETITION 9 P age

23 Annexation Agreement: Lundin Farms Exhibit B MAP OF PROPOSED ANNEXATION 10 P age