AFTER RECORDATION RETURN TO:
Kirton & McConkie
c/o Marc N. Mascaro
60 East South Temple, #1 800
Salt Lake City, Utah 84111
SPECIAL WARRANTY DEED
SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah ("GRANTOR"), hereby specially conveys and warrants against all acts of Grantor, including without limitation any conveyance, alienation, mortgage or other transfer or encumbrance, and not otherwise, pursuant to Petition No. 400-98-79 and Salt Lake City Ordinance No. 28 of 19999 to the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS a Utah corporation, whose mailing address is 50 East North Temple, Suite 1800, Salt Lake City, Utah 84111, ("GRANTEE") for the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, all of Grantor’s interest in the following described real property located in Salt Lake County, State of Utah:
SEE EXHIBIT "A" ATTACHED HERETO
Said conveyance is subject to the following reservation of easements:
1. Purpose of Easements. The easements reserved herein are intended and shall be used for the following purposes only:
1.1. Emergency and Public Safety. Grantor hereby reserves an easement over and across the surface of the Property for access and passage by emergency and public safety personnel and vehicles, including, without limitation, police, ambulance, paramedic and firefighting personnel and vehicles.
1.2. Public and Private Utilities Easement. Grantor hereby reserves an easement over, across and through the Property for operation, maintenance, repair, alteration, replacement, enlargement and emergency access, of all existing public and private underground utility lines, including, without limitation, water, sewer, storm drain, telecommunications, electrical, gas, fiber optic and cable lines. Grantor’s utility lines may be relocated upon the mutual prior consent of both Grantor and Grantee (which consent shall not be unreasonably withheld), at the expense of the party requesting relocation. Other utility lines may be relocated upon the Mutual prior consent of both Grantee and the owner of the utility line (which consent shall not be unreasonably withheld), at the expense of the party requesting relocation. Grantee shall not erect any buildings or other permanent structures, including other utility lines, over Grantor’s utility lines which would impede Grantor’s access to existing utility lines. Grantor shall not be responsible for the cost of restoring any surface improvements on the Property.
1.3. Pedestrian Access and Passage. Subject to the conditions, limitations, and restrictions set forth in section 2 hereinbelow, Grantor reserves an easement over and across the surface of the Property for pedestrian access and passage only, including bicycles, provided that they are walked across the Property, and including dogs on leash. Skate boards, roller blades and roller skates shall not be allowed. The Property shall be available for such pedestrian access and passage at all times, both day and night. Grantee shall not erect any perimeter fences or gates on the Property along the North Temple or South Temple rights of way, but Grantee may erect decorative fencing and similar structures which are commonly used in plazas similar to the Property, with the written approval of Grantor. Grantor may allow the general public to use this easement for pedestrian access and passage only, but all use of this easement shall be subject to the conditions, limitations and restrictions described hereinbelow.
1.4. Preservation of View Corridor. In order to preserve the view corridor to the Daughters of the Utah Pioneers Museum and to Ensign Peak, Grantee shall not erect any occupied buildings on the Property; provided, however, that Grantee may erect and maintain one or more kiosks or information booths which may be occupied by attendants,
2. Conditions, Limitations and Restrictions. Notwithstanding anything to the contrary in this instrument, the easements reserved herein are subject to the following conditions, limitations and restrictions:
2.1. Private Property. The Property is and shall at all times remain the private property of Grantee. Nothing herein shall be deemed to dedicate the Property to public ownership or use beyond the scope of the reserved easement. The use of the Property by the Public is and shall remain permissive, and neither Grantor nor the public shall acquire any rights to the Property by such use beyond the scope of the easement reserved herein. Neither Grantor nor the public shall be entitled to claim or assert any prescriptive use rights or any right of adverse possession against Grantee. No third party shall be entitled to claim or assert any rights against Grantee or against the Property beyond the use of the easement described herein. Grantee shall have the right to landscape the Property, to improve the Property with gardens and/or other improvements, and to restrict the pedestrian access and passage to sidewalks or walkways intended for that purpose, provided that the pedestrian flow across the Property shall not be unreasonably obstructed or limited.
2.2. Right to Prevent Uses Other Than Pedestrian Passage. Nothing in the reservation or use of this easement shall be deemed to create or constitute a public forum, limited or otherwise, on the Property. Nothing in this easement is intended to permit any of the following enumerated or similar activities on the Property: loitering, assembling, partying, demonstrating, picketing, distributing literature, soliciting, begging, littering, consuming alcoholic beverages or using tobacco products, sunbathing, carrying firearms (except for police personnel), erecting signs or displays, using loudspeakers or other devices to project music, sound or spoken messages, engaging in any illegal, offensive, indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct, or otherwise disturbing the peace. Grantee shall have the right to deny access to the Property to persons who are disorderly or intoxicated or engaging in any of the activities identified above. The provisions of this section are intended to apply only to Grantor and other users of the easement and are not intended to limit or restrict Grantee’s use of the Property as owner thereof, including, without limitation, the distribution of literature, the erection of signs and displays by Grantee, and the projection of music and spoken messages by Grantee.
2.3. Right to Exclude Habitual Violators. Grantee may prohibit and lawfully prevent access to the Property by individuals who: (a) have threatened or intentionally caused harm to leaders or members of The Church of Jesus Christ of Latter-day Saints; or (b) have threatened or intentionally caused damage to buildings or property owned or used by Grantee or by The Church of Jesus Christ of Latter-day Saints; or (c) have on more than one previous occasion entered on the Property and engaged in activities identified in section 2.2 above,
3. Enforcement. Grantee may use all lawful means available to owners of private property to prevent any uses of the easements which are contrary to the provisions of this instrument. Without limiting the generality of the foregoing, Grantee shall have the right to obtain injunctive relief enforcing the provisions of this instrument.
4. Right of Reverter. In the event that Grantee fails to use the Property for the purposes set forth herein, or fails to maintain the Property thereafter, the ownership of the Property shall, at Grantor’s option, revert to Grantor.
5. Notice and Opportunity to Remedy Deficiencies. Prior to exercising the right of reverter, Grantor shall give written notice to Grantee of the deficiencies in Grantee’s use or maintenance of the Property. Grantee shall thereafter have a period of no less than six months to remedy such deficiencies. If such deficiencies are remedied within that six month time period, title to the Property shall remain with Grantee. If such deficiencies are not remedied within that six month time period, Grantor shall give written notice to Grantee of such failure and title to the Property shall immediately revert to Grantor.
6. Miscellaneous Provisions.
6.1. Integrated Agreement. This instrument contains all of the terms, covenants, conditions and agreement between the parties hereto with respect to the subject matters treated herein.
6.2. Severability. In the event that it is finally determined by a court having jurisdiction over Grantee or the Property that any of the terms, conditions, limitations or restrictions set forth in this instrument are unconstitutional or otherwise unenforceable, the remaining terms, conditions, limitations and restrictions set forth herein shall remain binding and enforceable.
6.3. Amendments. Although Grantor may allow use of the pedestrian access easement reserved in section 1.2 by the general public, it is understood and agreed that this instrument and the easement reserved herein can be amended, modified or terminated by written agreement between Grantee and Salt Lake City Corporation alone without the joinder or consent of any other person or entity. Any written amendment or modification of this instrument executed by Grantee and by Salt Lake City Corporation shall become binding immediately on all users of the easements reserved herein.
6.4. No Agency Relationship. Nothing in this instrument shall create or be construed as creating an agency relationship between Grantor and Grantee.
6.5. Governing Law. This instrument concerns real property located in the State of Utah and shall be governed by and construed in accordance with the laws of the State of Utah.
6.6. Interpretation. This instrument shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor, of or against either Grantor or Grantee.
IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument this 27 day of April, 1999.