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Home My Public Portal AboutRES-CC-1998-20Resolution 20-98 APPROVING THE SALE AGREEMENT AND JOINT 1NTERLOCAL COOPERATIVE AGREEMENT FOR USE OF FACILITIES FOR RECREATION BY AND BETWEEN THE CITY OF MOAB, UTAH AND THE GRAND COUNTY SCHOOL DISTRICT. Whereas, the Grand County School District is the owner of parcels of land containing tennis courts, a gymnasium, and softball fields; and Whereas, the City of Moab and the Grand County School District wish to enter into a Sale Agreement and Joint Interlocal Cooperative Agreement concerning said parcels; and Whereas, the Sale Agreement and Joint Interlocal Cooperative Agreement for use of facilities for recreation has been presented to this meeting of the Moab City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY RESOLVE TO APPROVE SAID AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER THE AGREEMENT AND OTHER REQUIRED DOCUMENTS. This resolution shall take effect immediately upon passage. Passed and adopted by action of the governing body of the City of Moab in open session This 6`h day of October, 1998. CITY OF MOAB By Karla R. Hancock Mayor Attest: Rachel Ellison City Recorder Recorded at Request of__ . _ - - by. _ .- -- -•- •-- Dep. Book__. Mail tax notice to Address E 4462E.S B OS2S P 087— Date 13-1 1998 15.47pe 9 O Fee: ee Check MERLENE h.,.aiER, Recorder Filed By JAC For MOAB CITY GRAND COUNTY CORPORATION QUIT -CLAIM DEED Board of Education of the Grand County School District of 264 S 400 E , County of Grand , State of Utah grantor hereby QUIT -CLAIM to City of Moab of 115 W 200 S , Moab, Utah 84532 five dollars and no/100 ($5 00) the following described tract of land in Grand State of Utah: grantee for the rum of DOLLARS, County, Ball Park Parcel Beginning at the NE comer of Block 12 of the Moab Townsne and proceeding thence with the East line of said Block 12 S 00 17 W +62 2 ft to the SE Comer of said Block 12 thence orth the Souris Imo of said Block 12 N 890 47 W .162 1 Ft to the SW .omer of said Black 12 thence with the West hoe of said Block 12 14 0, 17 F 162 2 ft to the 9W corner of said Block 12 thence wills the Nonh lone or sad Block 12 S 890 47 E 462 0 h to the point of hegmning and conummg a 90 \Lies more or less GSmnasium Parcel Beginning at a corer on the South hoe of Block 18 of the Moab rowmue said comet bears S 890 a7 E 1320 0 from the SW comer Lot 1 Block 18 of the Moab Townsne Section I T 36 S R 21 E SLIM and proceeding thence with the alignment of chain link fence N 00 lS E 121 3 h cornerla a thence with a chum to fence S 890 10 F 23 5 h to 3 comer thence N 0. 17 E 43 2 ft to a comer thence S 89, 47 E 43 6 h to a comer thence N 00 17 E 26 3 ft to a comer thence S 890 51 E SO 6 h to a CWT. thence with the Eon edge of a sidewalk S 00 01 E 190 8 11 to a corner on the nnh nghr of way of Center St thence wuh sad right of wav N 89. r7 tV 118 2 ft to the point of hegmmng and tonutmng 0 58 acres more or leo Tennis a nun Parcel Beginning at a comer on the South line Block I8 of the losb fownsne said corner hears S 890 47 E 76 3 ft from the SW corner Lot 1 Blink 18 tit the Moab Tuonsoc S.cuon 1 T 26 S R 21 F SLSI and proceeding thence with the East edge of a srdewolk N 0020E 127 0 0 to a tr thence S 890 47 F 42 2 ft to a corner thence with the Rest boundary tfthe U U P Parcel SMF%W50ft to the SW comer of the U P Parcel thence o uh the South !me of the D U P Parcel 3 cham tusk fence 5 890 10 E 62 9 ft to a corner thence with a cham link fence S 00 03 W 121 3 h to corner on the South line of said block 19 thence with sad line N 490 17 W 105 7h to the pmnt of begumsng and comammg 0 30 acres more or less All beatings are based on the centnlme of Center St 1Bearmg of Record S 89.a7 El Wrrrless the hand of said grantor , this Eighth October , A. D. one thousand nine hundred and Ninety Eight Signed in the presence of STATE OP UTAH, r, County of Grand On the Eighth thousand nine hundred and Ninety Eight G u0tj ('nlmry-fichaol Dlstrsrr J3nasd .P.resndenr day of October personally appeared before me day of A. D one Cynthia Smith, School Board President, the signer of the foregoing instrument, who duly acknowledge to me that S he executed the same. FGu -‘211V( it) JnANIS J JENgEN Notary (Ic. ubto My commission expires 12- f); s1f�N264 -auth 400 East, 11oab UT 84532 My Comm Esriraa, DEC 11 1990 BLANK NO too— Oono PTO CO —aau . , r-2WitreflN'T4TW.Ro,aanlrrwn SALE AGREEMENT AND JOINT INTERLOCAL COOPERATIVE AGREEMENT FOR USE OF FACILITIES FOR RECREATION THIS AGREEMENT is entered into this 6th day of October, 1998 by and between the BOARD OF EDUCATION OF THE GRAND COUNTY SCHOOL DISTRICT, 264 S 400 E, Moab, UT (hereinafter the "District") and MOAB CITY, 115 W 200 S, Moab, UT (hereinafter the "City"). WHEREAS the District is the owner of parcels of land containing tennis courts, gymnasium and softball fields (hereinafter the "Subject Property"); and WHEREAS the City is desirous to continue to use the tennis courts, gymnasium and softball fields pursuant to an Interlocal Cooperative Agreement, NOW, THEREFORE in consideration of the mutual promises and other considerations expressed herein, the parties hereto agree as follows: 1. Purchase Price. The total purchase price for the Subject Property is Five Dollars and no/100 ($5.00) which shall be paid in cash. 2. Property Description. The money is given to secure the purchase of the following described real property: Ball Park Parcel: Beginning at the NE corner of Block 12 of the Moab Townsite and proceeding thence with the East line of said Block 12 c 00 17'W 462.2 ft. to the SE Corner of said Block 12, thence with the South 1i:&e of said Block 12 N 890 47'W 462.1 Ft. to the SW corner of said Block 12, thence with the West line of said Block 12 N 00 17'E 462.2 ft. to the NW corner of said Block 12, thence with the North line of said Block 12 S 890 47'E 462.0 ft. to the point of beginning and containing 4.90 Acres, more or less. Gymnasium Parcel: Beginning at a corner on the South line of Block 18 of the Moab Townsite, said corner bears S 890 47'E 182.0 ft. from the SW corner Lot 1 Block 18 of the Moab Townsite, Section 1, T 26 S, R 21 E, SLM, and proceeding thence with the alignment of chain link fence N 00 03'7 121.3 ft. to a corner, thence with a chain link fence S 890 10'E 23.5 ft. t, a corner, thence N 00 17'E 43.2 ft. to a corner, thence S 890 47'E 43.6 ft. to corner, thence N 00 17'E 26.5 ft to a corner, thence S 890 54' E 80.6 ft. to a corner, thence with the East edge of a sidewalk S 00 01'E 190.8 ft. to a corner on the North right-of-way of Center St, thence with said right-of-way N 890 47'W 148.2 ft. to the point of beginning and containing 0.58 acres, more or less. E 44 E i B 0525 P 0843 Tennis Court Parcel: Beginning at a corner on the South line Block 18 of the Moab Townsite, said corner bears S 890 47'E 76.3 ft. from the SW corner Lot 1 Block 18 of the Moab Townsite, Section 1, T 26 S, R 21 E, SLM, and proceeding thence with the East edge of a sidewalk N 0020'E 127.0 ft. to a corner, thence S 890 47'E 42.2 ft. to a corner thence with the West boundary of the D.U.P. Parcel S 0017 W 5.0 ft. to the SW corner of the D.U.P. Parcel, thence with the South line of the D.U.P. Parcel, a chain link fence, S 890 10'E 62.9 ft. to a corner, thence with a chain link fence S 00 03' W 121.3 ft. to a corner on the South line of said block 19, thence with said line N 890 47'W 105.7 ft. to the point of beginning and containing 0.30 acres, more or less. A11 bearings are based on the centerline of Center St (Bearing of Record - S 89047'E). 3. No Warranties. The Subject Property is sold "As Is." There are no representations or warranties with respect to the condition or title of the Subject Property made by the District. The City hereby represents that it has made a full inspection of the Subject Property sufficient to fully satisfy itself with respect to its purposes for use of the property and accepts the Subject Property "As Is." The City understands that the District has not undertaken to disclose any concealed or latent conditions with respect to the Subject Property or buildings thereon. 4. Joint Use of Subject Property. Wi11 be covered by Interlocal Agreement. 5. Reversionary Interest. The City agrees that the Quit Claim transferring interest in the Subject Property will provide a reversionary interest which states that in the event that the City ceases to use the Subject Property for recreational purposes or uses inconsistent with the joint use set forth in this Agreement for educational and/or recreational purposes, or sells the Subject Property to a non -governmental entity within 50 years, or without the consent of the District, that the title to the property shall revert to the District. 6. Authority of Signators. If District or City is a corporation, partnership, trust, estate, or other entity, the person executing this Agreement on its behalf warrants his or her authority to do so and to bind District or City. 7. Integration Clause. This instrument constitutes the entire agreement between the parties and supersedes and cancels any and all prior negotiations, representations, warranties, understandings or agreements between the parties. Mere are no oral agreements which modify or affect this Agreement. This Agreement cannot be changed except by mutual written agreement of the parties, signed by both parties hereto. No action or inaction of the parties shall constitute waiver, amendment or modification of the terms of this Agreement without a written, mutually signed amendment. 2 E 446265 B 0525 P 089 E 445740 B 0523 P 115 8. Risk of Loss. It is understood that City is acquiring the property with the intent of preserving the structures contained thereon or remodeling them considerably and in the event of fire or other casualty occurring before closing, there shall be no obligation to District to repair the damage or to pay insurance proceeds to City. 9. Notices. Notice required by this Agreement must be in writing and delivered personally or by certified mail to the addresses included in this document, and will be deemed to have been given when delivered or posted. 10. Approval by Board. This contract is subject to approval by the District's Board of Education and shall be binding after being executed by the parties and signed by the President of the Board of Education of the Grand County School District. 11. Recording. Neither party will record this Agreement or a notice thereof without the written permission of the other party prior to the closing. DATED this 6th day of October, 1998. ATTEST: JAMS J JENSEN Notary Public STATE OF UTAH My Comm. EsUes DEC 11,199E 2721 E SPANISN TNAIL SD UOAU UT N1a7 T:_ = c� jF M.OAt, BUYER: CITY OF MOAB By:.� O�tltT��c Its: MAYOR 3 BOARD OF EDUCATION OF THE GRAND COUNTY SCHOOL DISTRICT, SELLER: Grand County School District By: ~ J Its: Bard President E 446265 B 0525 P 090 E 445740 B 0523 P 116