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HomeMy Public PortalAboutRES-CC-2005-22RESOLUTION # 22-2005 APPROVING A REAL ESTATE PURCHASE CONTRACT AND AUTHORIZING EXECUTION OF A WARRANTY DEED AND CLOSING DOCUMENTS FOR THE SALE OF CITY PROPERTY LOCATED AT 805 NORTH MAIN STREET WHEREAS, the City of Moab has duly declared for surplus and advertised for sale City property located at 805 No. Main Street; and WHEREAS, a Real Estate Purchase Contract between Lincoln Trust FBO John Hauer, Ira and Robert W. Nemitz Trustee for Robert W. Nemitz Trust and the City of Moab (hereinafter Real Estate Purchase Contract) is attached to this Resolution; and WHEREAS, a Warranty Deed providing for the transfer of the property referred to in the Real Estate Contract is attached to this Resolution. NOW, THEREFORE, WE THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE THE REAL ESTATE PURCHASE CONTRACT AND WARRANTY DEED IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL AND DO AUTHORIZE THE MAYOR AND OTHER APPROPRIATE INDIVIDUALS TO EXECUTE SAID CONTRACT AND WARRANTY DEED, ALONG WITH ANY CLOSING DOCUMENTS NECESSARY TO FULLY EXECUTE THE SALE OF THE PROPERTY CONTEMPLATED IN THE REAL ESTATE PURCHASE CONTRACT AND WARRANTY DEED PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 0,3 day of August, A.D., 2005 ATTEST: anielle Guerrero, Deputy Recorder SIGNED: K ith Brewer, Mayor Pro-Tem Resolution #22-2005 Page 1 of 1 the Title/Escrow Brokerage or Title/Escrow Comeany C . B.A.Z. Received by jrri Ferry L, Ka 1-itsuw on I_.I Title/Escrow Company) for deposit no later than (date) EARNEST MONEY RECEIPT REALTOR® �........... vaasanwut11ll.11C7 mum."' 150 East Center Moab,Utah 84532 Phone:435-259-5693, Fax:435-259-5930 COMMERCIAL - INDUSTRIAL - INVESTMENT REAL ESTATE PURCHASE CONTRACT This is e legally bind's; Crearact.It Ins been prepared fa the use of its members ody by the UfAH ASSOCIATION OF REALTORS® in potions involving members clients a customers; as such, the interests of Buyer and Seller. Nonetheless, the Buyer and the Seller may legally agree n writing to alter or delete provisions of this form Seek legal advice from your attorney or tax advisor beforeesteringinteabisdiagCaatract The Buyer c.vc_,) -nut FBo -Jo4„) NA(.0ex_ , t�.nA �>✓ta~ f�V. N C,t t ( z_ '� R St e=o� kat, - Lc?. N Ey i •:: to purchase the Pr operty described below and delivers as Earnest Money Deposit $ // 000'— the Brokerage; to be deposited within three business days after Acceptance of this Company Offer 'F Eft 2 Obs dreas(� D to: to Purchase pies. identified below. C 6E-01-ts+�, Aco ^ g , (,I-F p FI- Phone Number I/r3S .2Sq- q3 in the form of GGiL by all 1. PROPERTY: N O . IAA 1 i•J M o D FT cp0� T —CHASE SL ) . Address City Mb iqr 3 For legal description see attached Addendum # . El preliminary �i D State 1�—*(4— preliminary title report when available as provided below. 1.1 INCLUDED ITEMS: Unless excluded herein, this sale shall include all fixtures also be included in this sale and conveyed under separate Bill of Sale with warranties as to y attached to the Property. The following personal property shall 12 EXCLUDED ITEMS: These items are excluded from this sale: 2. PURCHASEWRICE AND FINANCING.Buyer agrees to pay for the Property as $ �� bO D' Earnest Money Deposit follows: $ DZb e' Loan Proceeds: �-1 El Representing the liability to be assumed by Buyer under an existing assumable loan ( Owith ❑without Seller being released of liability) in this approximate amount with ❑ Buyer ❑ Seller agreeing to Pay any loan transfer and assumption fees. Any net diff between the approximate balance of the loan shown above and the actual balance at Closing shall then be adjusted in 'o cash �❑ other ❑ From new institutional financing on terms no less favorable to the Buyer than the following interest rate for fit period prior to adjustment, if anyk (amortization periadk (term). Other than these, the loan tame ❑shall be the best obtainable under the loan fcr which the Buyer applies below. From Seller -held financing, as described in the attached Seller Financing Addendum. $ Other: $ � Balance of Purchase Price in cash at $ .2�,.1/ DOD TOTAL PURCHASE PRICE /n.- f closing 3. CLOSING. This transaction shall be dosed on or before ! 411-61 DS:Clo occur (or to the escrow/title cam 1 Y), all documents rsing shall ocr when: (a) Buyer and Seller have signed and delivered to each required by this Contract, by the Lender, by written escrow Seller, and by applicable law; instructions signed by the Buyer and the (b) the moneys required to be paid under these docurents have been delivered to the escrow/title company in the form of collected or cleared funds; and (c) the deed which the Seiler has agreed to deliver under Section 6 has been recorded. Seller and Buyer shall each pay one- half of the escrow Closing fee, unless otherwise agreed by the: parties in writing. Taxes and assessments for the current year, rents, and interest on assumed obligations shall be prorated as set forth in this Section. All deposits El on tenancies shall be transferred to Buyer at Closing. Proration set forth in this Section PREPARED BY: Jeff Krum , nacher, Sales Agent Real EstatePurchase1 AR Form 3 (5/94 ). Utah Association of REALTORS® Buyer(s) ReaIFA$T ersion 6.16. Software Registered to: Suzanne Lewis, Coktwell Banker/Arches Realty Seller(s) Page 1 of 4 Selma agrees to pay any charge for cancellation of the title commitment provided under subsection (b). If Seller does not provide any of the Seller Disclosures within the time rods Per" agreed above, the yes may either waive the particular Sadler Disclosure requirement by taking no timely action or the Buyer may notify the Seiler in writing within calendar days after the of disclosure time period that the Seller is in Default under this Contract athat the remedies under Section 16 are at the Buyer's di posal.irathe the particular n holder of the Earnest Money Deposit shall, upon receipt of a copy of Buyer's written notice, return to the Buyer the Earnest Money Deposit without the requirement of tither written authorization from the Seller. 7.2 BUYER UNDERTAKINGS. The Buyer agrees to: (a) APPLY for approval of the assumption or fining of the loan proceeds described in Section 2 completing,I II delivering to the Larder the initial loan by signing and application and documentation required by the Lender and by paying all fees as required by the Lease (mcluding appraisal fee) no later than J calendar days after Acceptance; (b) No later than Y prince; and �� calendar days after Acceptance, obtain from the Lender to whom application is made under subsection (a) a written commitment to approve the assumption of the existing loan or to fun the new loan subject only to changes of conditions in Buyer's credit worthiness an to normal lean closing elects, providing the Seller with absolute assurance, within the same Procedures; or, if Buyer the Total Purchase Price are available time frame, that Proceeds required for finding These Bayer Undertakings are at the sole expense of the Buyer and are material elements of this Contract for the benefit of both the Buyer an the Seller. If Buyer does not initiate any Bayer Untie rtatdng an provide Seller with written confirmation in the time agreed above/the Seller may either waive the particular Bayer Undertaking requirement by taking no timely action or the Seller may notify the Bu Buyer expiration ref• the particular undertaking Y Y within � � calendar days eff the staking time period that the Buyer is in Default under this Contract an that the remedies under Section 16 are at the Seller's disposal. The holder ofthe Earnest Money Deposit shall, upon receipt of a copy of Seller's written notice, deliver to the Seiler the Earnest Money Deposit without the requirement of further written authorization from the Buyer 73 ADDITIONAL DUE DILIGENCE The Buyer shall undertake the following Additiomi Dee benee far the purpose of complying with the Co Diligence elements at its own expense and for its own �enciea under Section 8.• IZa) Ordering and obtaining an appraisal of the Property if one is not eAhewise required under Section 7.2; D(b) Ordering and obtaining a survey of the Property if one is not otherwise required under Section 6; fr2f" (c) Ordering and obtaining any environmentally related study of the Property; (d) Ordering and obtaining a physical inspection report regarding, and completing a personal �(e) Requesting an obtaining verification that the P c P i��O° at; the Property; regard to zoning complies with all applicable federal state, and local laws, ordinances, and regulations with and Permissible use of the Property. sameSella agrees to cooperate fully with Buyer's completing these Due Diligence matters an to make the Property available as reasonable and necessary for the 8. CONTINGENCIES. This offer is subject to the Buyer's approving in its sole discretion the Seller Disclosures, the Buyer Undertakings, an Additional Due Diligence matters in Section 7. However, the Buyer's discretion in approving the terms of the loan under financing subsection 7.2 (b) is subject to Buyer's covenant with regard to minimally acceptable g tams under Section 2. 1 / ) 1A...-- PREPARED BY: Jeff Kru„ '� Sales Agent Real Estabe -ur- r = J..!!rT. \f►1 Form 3 (5/94 ). Utah Association of REALTORS® , Version 6.16. Software Registered to: Suzanne Lewis, Coldwell Banker/Arches Realty shall be made as of date of Closing; ✓ ' of possession; otherrr 4. POSSESSION. Seller shall deliver possess_ to Buyer within 2 Y.. _ hours ages. Closing. j� S. CONE ION OF AGENCY DISCLOSURE the signing of this Contract the Listing Agent jp E R N�.16,, S L fefl�ns etler ❑ Buyer, and the Selling Agent Z- r K e-Lu.citxa -�r ,�,�// carfimr that prior to signing 4 r r="�� � � ❑Seller LMJ Buyer, Buyer and Seller fining this Contract written disclosure of the agency relationship was provided to him/her. er Buyer's initials ( ) Seller's initials. 6. TTTLE TO PROPE�R AND TITLE INSURANCE. (a) Seller has, or shall have at Closing, fee title to the Prope and agrees to convey such title to Buyer by � 1-7special warranty deed, free of financial encumbrances as warranted under Section 10.6; (b) Seller agrees to pay for, and furnish Buyer at Closing with, a current standard farm Owner's policy of title insurance in the amount of the Total Purchase Price, (c) the title policy shall conform with Seller's obligations under subsections (a) and (b). Unless otherwise agreed tnderSection 8.4, the commitment shall conform with the title insurance commitmetr provided under Section 7.1. The Buyer elects to obtain a full-c age exJmded ALTA policy of title insurance under 6(b). The cast of this cover Owner'spolicy,shall be ❑ Buyer age:, above that of a standard paid for by the yes Seller. Also, the cast of a full -coverage ALTA sttve , 7. SPECIFIC UNDERTAKINGS OF SELLER AND BUYER.y shall be paid for by the ❑ BuyerSeller. 71 SELLER DISCLOSURES. The Seller will deliver to the Buyer the following Seller Disclosures no later than the number of calendar days indicated below witich�lrall be days after Acceptance: Property, signed and dated by Seller: a) a Seller Property Condition Disclosure for the p (tip (b) a commitment for the policy of title insurance required under Section 6, to be issued by the title insurance company chosen by Seller, / O including copies of all documents listed as Exceptions on the Commitment: El 0(c) a copy of all loan documents relating to any loan now existing which will encumber the Property- after Closing: /J 1 4r- (d) a copy of all leases and rental agreements now in effect with regard to the Property together with a current rent roll: /J I A - (e) operating statements of the Property for its last full fiscal years of operation plus the current fiscal year k) through , certified b the Seller or '� ElY as in (f) tenant Estoppel agreements: independent auditor: t1/411,4- Page 2 of 4 8.1 Buyer shall have 5---- calendar is after the times speed in Section 7.1 and 7.2 for .eceipt of Seller Disclosures and for completion of Bayer Undertaldngs to review the content of the disclosures and the outcome of the undertakings. The latest applicable date under Section 7.1 and 7.1 applies for completing a review of Additional Dne Diligence matters under Section 7.3. 82 If Buyer does not deliver a written objection to Seller regarding a Seller Dlsclosare, Buyer Undertaldnt, or Due Diligence matter within the time provided in Section 8.1, that item will be deemed approved by Buyer. 83 If Buyer objects, Buyer and Seller shall have calendar days after receipt of the objections to resolve Buyer's objections. Seller may, but shall not be required to, resolve Buyer's objections. Likewise, the Buyer is under no obligation to accept any resolution proposed by the Seller. If Buyer's objections are not resolved within the stated time, Buyer may void this Contract by providing written notice to Seller within the same stated time The holder of the Earnest Money Deposit shall, upon receipt of a copy of Buyer's written notice, retum to Buyer the Earnest Money Deposit without the requirement of any further written authorization from Seller. If this Contract is not voided by Buyer, Buyer's objection is deemed to have been waived. However, this waiver does not affect warranties under Section 10. 8.4 Resolution of Buyer's objections under Section 83 shall be in writing and shall become part of this Contract. 9. SPECIAL CONTINGENCIE This offer is made subject to: St (.Lf✓ m2- t�t.9 t LA -. t-C7Ca rt-l5- {t''T t' -%.hs rL E�/� /ems �--� -H.- rue_ cCo p_�� b� -mac- S- S � g .J �- f 12• an �T Y. . The terms of attached Addendum # are incorporated into this Contract by this reference. 10. SELLER'S LIMITED WARRANTIES Seller's warranties to Buyer regarding the Property are limited to the following: 10.1 When Seller delivers possession of the Property to Buyer, it will be broom -clean and free of debris and personal belongings; 10.2 Seller will deliver possession of the Property to Buyer with the plumbing plumbed fixtures, heating, cooling ventilating electrical and sprinkler (indoor and outdoor) systems, applianees, and fireplaces in working 10.3 Seller will deliver possession of the Property to Buyer with the roof and foundation free of leaks known to Seller, 10.4 Seller will deliver possession of the Property to Buyer with any private well or septic tank serving the Property in working order and in compliance with governmental 10.5 Seller will be responsible for repairing any of Seller's moving -related related regulations; rag carnage to the Property; 10.6 At Closing, Seller will bring current all financial obligations encumbering the Property which are assumed in writing by Buyer and will disduarge all such obligations which Buyer has not so assumed; not 10.7 As of Closing, Seller has no knowledge of any claim or notice of an environmental, building or zoning code violation regarding the Property which has been H. VERIFICATION OF WARRANTED AND INCLUDED ITEMS. After all contingencies have been removed and before Clo resolved s6►g, the Buyer may conduct a "walk-through" inspection of the Property to determine whether or not items warranted by Seller in Section 10.1, 10.2, 10.3 and 10.4 are in the warranted condition and to verify that items included in Section 1.1 are presently on the Property. If any item is not in the warranted condition, Seller will correct, repair or replace it as necessary or, with the consent of Buyer and (if required) Lender, escrow an amount at Closing to provide for such repair or replacement The Buyer's failure to conduct a "walk through" inspection or to claim during the “walk-through" inspection that the Property does not include all items referenced in Section 1.1 or is not in the condition warrared in Section 1 a shall constitute a waiver of Buyer's rights under Section 1.1 and of the warranties contained in Section 10. 12 CHANGES DURING TRANSACTION. Seller agrees that no changes in any existing leases shall be made, no new leases entered into, and no substantial alterations or improvements to the Property shall be undertaken without the written consent of the Buyer. 13. AUTHORITY OF SIGNERS If Buyer or Seller is a corporation, partnership, trust, estate, or other entity, the person signing this Contract on its behalf war- rants his or her authority to do so and to bind Buyer or Seller and the heirs or successors in interest to Buyer or Seller. If the Seller is not the vested Owner of the Property but has cmtrol over the vested Owner's disposition of the Property, the Seller agrees to exercise this oortrol and deliver title under this Contract as if it had been signed by the 14. COMPLETE CONTRACT. This inshumerY vested Owner. (together with its Addenda, any attached Exhibits, and Seller Disclosures) constitutes the ®rue Contract between the parties and supersedes all prior dealings between the parties. This Contract cannot be changed except by written 15. DISPUTE RESOLUTION. The es agreement �' the parties. parties agree that any dispute or claim relating to this Contract, including but not limited to the disposition of the Earnest Money Deposft and the breach or termination of this Coact, shall first be submitted to mediation in accordance with the Utah Real Estate Buyer/Seller Mediation Rules of the American Arbitration Association. Each party agrees to bear its own costs of mediation Any Agreement signed by the parties pursuant to the mediation shall be binding. If mediation tails, the procedures applicable and remedies available under this Contract shall apply. Nothing in this Section shall prohibit the Buyer from seeking specific performance by the Seller by filing a complaint with the court, serving it on the Seller by means of summons or as otherwise permitted by law, and recording a /is pendens with regard to the action provided that the Buyer permits the Seller to refrain from answering the complaint pending mediation. Also the parties may agree is 1G DEFAULT. If Buyer defaults, writing to waive mediation umY stilts, Seller may elect to either retain the Earnest Money Deposit as liquidated damages or to return the Earnest Money Deposit and sue Buyer to enforce Seller's rights. If Seller defaults, in addition to return of the Earnest Money Depost, Buyer may elect to either accept from Seller as liquadated damages a sum equal to the Earnest Money Deposit or sue Seller for specific performance and/or damages. If Buyer elects to accept the liqui- dated damages, Seller agrees to pay the liquidated damages to Buyer upon demand. Where a Section of this Contract provides a specific rernedy, the parties mend that the remedy shall be excusive regardless of rights which might otherwise be available under common law. 17. ATTORNEY'S FEES In any action arising out of this Contract, the prevailing party shall be entitled to casts and reascaable attorneys fees. 18. DISPOSITION OF EARNEST MONEY. The Earnest Money Deposit shall not be released unless it is authorized by: (a) Sections 7.1, 7.2 and 8.3; (b) PREPARED BY: Jeff Krum her, Sales Agent Real E .•.' P ase- Form 3 (5/94 ). Utah Association of REALTORS® Buyer(s) i ReaIFAS' ''t ersion 6.16. Software Registered to: Suzanne Lewis, Coldwell Banker/Arches Realty Seller(s) Page 3 of 4 separate written agreement of the parties, incr. z an agreement under Section IS if (a) doc. not apply; or (c) court order. 19 ABROGATION. Except for express warranties made in this Contract, the provisions of this Conrad shall not apply after Closing. 20. RISK OF LOSS. All risk of loss or damage to the Property shall be borne by Seller until Closing. 21. TIME IS OF THE ESSENCE, Time is of the essence regarding the dates set forth in this transaction Extensions tmmst be agreed to in writing by all parties. Performance under each Section of this Contract which references a date shall be required absolutely by 5:00 P.M., Mountain Time on the stated date. 22. COUNTERPARTS AND FACSIMILE (FAX) DOCUMENTS. This Contract may be signed in counterparts, and each counterpart bearing an original signature shall be considered ore document with all others beating original signature. Also, facsimile transmission of any signed original document and re- transmission of any signed facsimile transmission shall be the same as delivery of an original, 23. ACCEPTANCE. Acceptance occurs when Seller or Buyer, responding to an offer or counteroffer of the other: (a) signs the offer or counteroffer where noted to indicate acceptance and (b) communicates to the other party or the other partyk aged that the offer or counteroffer has been signed as required 24. OFFER AND.D�IME FOR ACCEPTANCE Budwr offers to purchase the Property on the above terms and conditions. If Seller does not accept this offer by 5:00 ❑ AM L/ PM Mountain Time q C-25 --ZOO 6.-- , this offer shall lapse; and the holder of the Earnest Money Deposit shall return it to the Buyer. BUYER'S SIGNATURE �riiia BUYER'S SIGNATURE m1 1 /IATE DATE ACCEPTANCE / REJECTION / COUNTEROFFER El Acceptance of Offer to Purchase: Seller Accepts the foregoing offer on the terms and conditions specified above. SELLER'S SIGNATURE DATE TIME SELLER' S SIGNATURE DATE TIME Rejecdon: Seller Rejects the foregoing offer. (Seller's initials) (Date) (Tux) Co®ber Offer: Seller presents for Buyers Acceptance the terms of Buyer's offer subject to the exceptions or modifications as specified in the attached Counter Offer # PREPARED BY: Jeff Krummenacher, Sales Agent Real Estate Purchase Contract UAR Form 3 (5/94 ). Utah Association of REALTORS® ReaIFASTS Software, ®2005, Version 6.16. Software Registered to: Suzanne Lewis, Coldwell Banker/Arches Realty Page 4 of 4 r 0l4 PAY TO THE ORDER MR. OR MRS. JOHN W. HAUER HC-80, BOX 630 PH. 605-787-4572 PIEDMONT, SD 57768. First Bank Rapid City 'I I' Fitt Flrat Bank System • First Bank of South Dakota (National Association) m P.O. Box 90 • Rapid City, SD 57709 FOR 00054960 1:0914085011574540 y��Ol9 78-850/914 OLLARS WHEN RECORDED, MAIL TO: WARRANTY DEED City of Moab, Grantor, of 217 E. Center St., Moab, County of Grand, State of Utah, hereby CONVEYS and WARRANTS to Lincoln Trust, John Hauer, Robert W. Nemitz, Robert W. Nemitz Trust and/or Assigns as Joint Tenants, Grantee, of Moab, Utah 84532 for the sum of One Dollar the following described tract of land and property in Grand County: A PARCEL OF LAND WITHIN SECTION 36, T 25 S, R 21 E, S.L.M., MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a Point which bears S 79E03'21"E 997.62 ft. from the West'/4 Corner Section 36, T 25 S, R 21 E, S.L.M., and proceeding thence S 14E44'33 "W 7.91 ft., thence S 26E05'05"W 8.18 ft., thence S 47E44106"W 54.14 ft., thence S 26E36'05"W 8.67 ft., thence S 38E44'21"E 33.36 ft., thence S 34E21'13"E 33.93 ft., thence S 25E15126"E 15.52 ft., thence S 37E59'14"E 67.74 ft., thence S 23E40138"E 8.34 ft., thence S 46E44'33"E 8.34 ft., thence S 42E 14'24"E 16.54 ft., thence S 32E05' 15 "E 16.40 ft., thence S 04E42' 15 "E 18.16 ft., thence S 30E57'20"E 79.64 ft., thence S 34E28'52"E 27.24 ft., thence S 51E20'33"E 16.63 ft., thence S 56E17'21"E 33.31 ft., thence S 56E44102"E 22.48 ft., thence N 45E22100"E 128.10 ft., thence N 44E38'00"W 393.66 ft. to the point of beginning and containing 0.99 acres, more or less. Property Address: 805 North Main Street Witness the hand of said Grantor, this a 3 day of August, 2015 Danielle Guerrero Deputy Recorder State of Utah County of Grand On the o2,3 day of K: th Brewer ayor Pro-Tem A ,2005, personally appeared before me Keith Brewer, signer of the above instrument, who acknowledged to me that they executed same. Notary Public Residing at Moab, Utah My commission expires f a. - / ( - a o o $ JENN E ROSS I Notary Pubic State of Utah My Comm. Expires Dec 11, ZOO 115 W 200 S Moab UT 84532 Residing in Moab, Utah WHEN RECORDED, MAIL TO: QUIT -CLAIM DEED City of Moab, Grantor, of 217 E. Center St., Moab, County of Grand, State of Utah, hereby Quit Claims to Bernard J Franta and Janette Franta, as Joint tenants, Grantee, of 350 Marcus Court, Moab, Utah 84532 for the sum of One Dollar the following described tract(s) of land and property in Grand County: A Pmco. OF tA1N *num SWIM 1' 25 S. R 2i E, SOL MOAD CITY, GRAM COUNTrp- tlTA MOMS FARTWARARLY OE:SCROD AS AT THE NW 0:0NER OF LOT 3 OF c1141091 SUBORISOK SMD COMER BEARS S 119723 FT. MOM'. THE YID' 1/4 CORO SECTION 35, t 23 S, R R SLM, AND PROCEEDING THEME 14 2W1414" 2 102211 0� FT TO THE NORTHERLY GOB OF LOT OF MdNIOSIS SUMMON. ROWEN 8 'SD"£ 1 FT, THENCE S 04'4215*E 1341111 n4 THENCE S 30 " 57Q �3` 79.114 rr, BI S� s 2D"aft UR FT,TO THEPORT OF BE0204140 AND OONTAINIM SQUARE FEET. MORE OR LESS., Witness the hand of said Grantor, this day of August, 2005 Attest: Danielle Guerrero Deputy Recorder State of Utah County of Grand Brewer yor Pro-Tem On the a 3 day of ks uks +- ,2005, personally appeared before me Keith Brewer, signer of the above instrument, who acknowledged to me that they executed same. R6-, Notary Puc Residing at Moab, Utah My commission expires % a-/ I- a 0 o 8 Residing in Moab, Utah " :r GRAND COUNTY CORPORATION T A �� .X �� " ROLr'_" ',.{ . FILE E MAINTENANCE AO W N E R S NAME & ADDRES S�% Parcel Name c/o Name Address One Address Two City State Zip District Year Editing Date/Name Chng AP R O Serial Number Address City Tax Rate : 01-MUT-0060 : FRANTA BERNARD J : 350 MARCUS CT : MOAB UT 84532- : 001 MOAB CITY :2006 Status History :01/04/2001 PAULIN PERTY ADDRES S�% : 9-B-A UTEX : MARCUS CT 350 : MOAB : 0.010535 Entry : 447288 A0 W N E R S�% 1. FRANTA BERNARD J 2. FRANTA JANETTE 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. WHEN RECORDED, MAIL TO: QUIT -CLAIM DEED City of Moab,Grantor, of 217 E. Center St., Moab, County of Grand, State of Utah, hereby Quit Claims to The Linda B. Hugentobeler Revocable Trust dated the 11"' day of October, 2002, as amended, Grantee, of 350 Hobbs Street, Moab, Utah 84532 for the sum of One Dollar the following described tract(s) of land and property in Grand County: A P ' o s of LAND WHIN 9khTolt T 2S s„ R 2i F..SUP, MOAB qTY, GRAND C UNTY;; Or^ Ivy PAITTKUARLY OlesoREEp ASBEGINNING F+DiLA1MS� AT ME 14W OCONER OF LQT 3 Of tidtitOSH SueOPASION, commit BEARS S tt5(prs-rE Tina FT. NEVI' 1f4 � SWIM � T 25 S. R � E, stig, AND suovISICH, THERM Pi Pantor3VE 12,1* FT., THEME 3 04*42tI "llr Ism FT INENOE S 40* 57'20"@ 79.64 F r.• PIERCES 2�004W IWO FT. 10 1HE MIT OF � TAMS t«i 631 SQUARE t moRE t�R LESS Witness the hand of said Grantor, this �3 Attest: Danielle Guerrero Deputy Recorder State of Utah County of Grand day of August, 2005 Brewer or Pro-Tem On the 3 day of /4 k� (.4.s �— ,2005, personally appeared before me Keith Brewer, signer of the above instrument, who acknowledged to me that they executed same. Notary Public Residing at Moab, Utah My commission expires /a - // - a. 0 0 8 ' JENN E Roes I 1 NotaY Public State ot_Utah My Comm Expires Dec 11, 200e 115 W 200 S Moab UT 84532 I Residing in Moab, Utah Mail Tax Notice to: Merrill M. Hugentobler and Linda B. Hugentobler 350 Hobbs Street Moab, Utah 84532 Order No.: 3481 Date 1 A R-2005 15:26pm Fee: 10.00 Charge MERLENE MOSHER, Recorder Filed By JAC For ANDERSON-OLIVER TITLE INSURANC GRAND COUNTY CORPORATION QUIT CLAIM DEED Merrill M. Hugentobler and Linda B. Hugentobler, husband and wife, as joint tenants, Grantors of Moab, County of Grand, State of Utah herebyRUIT-CLAIMS, to The Linda B. Hugentobeler Revocable Trust dated the 11th day of October, 2002, as amended, Grantee of Moab, County of Grand, State of Utah, for the sum of ($10.00) Ten Dollars and other good and valuable considerations the following described tract of land, in Grand County, State of Utah, to -wit: • Lot 2, McIntosh Subdivision, ALSO: East 10 feet of Lot 1, McIntosh Subdivision, according to the official plat thereof. **Linda B. Hugentobler, Trustee Excepting therefrom'/z of all oil, gas, and other minerals. (Parcel No. 01-MMC=0002) WITNESS the hand of said Grantor, this March 18, 2005. Merrill M. Hugentobler County of Grand State of Utah ) ss. Linda B. Hugentobler -v-t-A9(c/L On the 18th day March, 2005, personally appeared before me, Merrill M. Hugentobler and Linda B. Hugentobler, the signers of the foregoing Quit Claim Deed who duly acknowledged before me that they executed the same. l DAWN RENAL' Env 1030 5o Bowling Al;ey Lan- Moab. Utah Si3:532 I My Commission Expires May 20, 2pou STATE O Li9:'t [G 1 NOTARY PUNC Residing in : Moab, Ut h 08/17/2005 11:58:12 :�►#' tiGRAND RAN D C O U N T Y•n:tirrr:VS� K:}xWv.:tiP�:��vtkh'i C r:TOhr� Rrv�,'•P .�:O�K::}:R: ;: tiTr vrT:r'r.:::vYO}•r:r• •:. TAXROLL FILE MAINENANCE�•v{, }:r:�{•F{. ti '.•}:•'}•.}ti r;r•r}ti}Y . }{:.v:.:vv::�•�:• •:•:} :ti ti•,Y ti Y�• Parcel Name 1 Name 2 Address District Mortgage O1-MMC-0002 2005 p HUGENTOBLER LINDA B - TRUSTEE LINDA B HUGENTOBLER REVOCABLE 350 W HOBBS ST MOAB 001 MOAB S/N:2-MCINTOSH & 1.1 PROPERTY BRO1 PRIMARY RES. B LRO1 RES. IMPROVED UT 84532- CITY ACRES 0.00 0.39 Last Yr Tax Tax Levied Special Tax Abatements Payments Uncertified Back Taxes 2005 MARKET TAXABLE 270,160 148,590 33,000 18,150 1,662.73 1,630.05 0.00 0.00 0.00 1,630.05 No 2004 MARKET TAXABLE 270,160 148,590 33,000 18,150 TOTALS .vr 0.39 303,160 166,740 M) odify +/- _._ ▪ W. .:• .ri t •,• r. 303,160 166,740 L) ega{rl• { S) earch}� B�){.�ack Taxes ESC rr. ▪ ti • r}r:..Y. Xj:Z Yf:}•� O: } »: 07.z. r kkkk tih . f }' •{ Y, rti ti er1r.. f{::• :v..:: �• }�,}{ • Year Built :1993: Building Type :SFR/ BSMT 1730: Main :1,730: Bsmt :0: '" SPECIAL NOTE *** Taxes Rates for 2005 have NOT been set or approved. Any taxes levied shown on this printout for the year 2005 are subject to change!! Legal Description for 01-MMC-0002 Tax Rate :0.009776: HOBBS ST 350 W MOAB LOT 2 MCINTOSH SUBDIVISION ALSO: E 10 FT LOT 1 MCINTOSH SUBDIVISION 0.39 AC WHEN RECORDED, MAIL TO: QUIT -CLAIM DEED City of Moab, Grantor, of 217 E. Center St., Moab, County of Grand, State of Utah, hereby Quit Claims to Michael Russell and Georgia Russell, as joint tenants, Grantee, of 326 Hobbs Street, Moab, Utah 84532 for the sum of One Dollar the following described tract(s) of land and property in Grand County: A PARCEL OF LAND WITHIN SECTION 36, T 25 S, R 21 E, SLM, MOAB WY, GRAND COUNTY. UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEi; NG AT THE NW CORNER OF LOT 3 OF htcINTgSH SUBDIVISION, SAID CORNER BEARS S 65137371E 1197.29 FT_ FROM THE WEST 1 j4 CORNER SECTION 3e. T 25 S. R 21 E. SW. AND PROCEEDING THETA N 25"52'00'E &58 Fr., THENCE S 347.8'52"E 27.24 Fr., THENCE S 51' 20'33" E 16.63 FT., 'THENCE S 511 1721'"E 33.31 FT., THENCE S 56'44'02'E 22.48 FT., THENCE S 3913'00.E 15.50 FT.. THENCE S 89.56'30"W 50.39 FT.. THENCE N 291410*W 77.93 FT. TO 7 4E POINT OF BEGINNING AND CONTAINING 1.925 SQUARE FEET. MORE OR LESS. Witness the hand of said Grantor, this 9 S day of August, 2005 Attest: Danielle Guerrero Deputy Recorder State of Utah County of Grand ith Brewer ayor Pro-Tem On the 023 day of A ,2005, personally appeared before me Keith Brewer, signer of the above instrument, who acknowledged to me that they executed same. Notary Public" Residing at Moab, Utah JENNE ROSS I r, Notary Pubic State GP � �, �. ^ Staof Utah I ,� '+ '�'J My Comm ExpiresDec 11, MOB 1 I 115 W 200 S Moab UT 84532 P My commission expires /l- a o 0 8 Residing in Moab, Utah Parcel : 01-MMC-0003 Entry : 444096 1. RUSSELL MICHAEL Name : RUSSELL MICHAEL 2. RUSSELL GEORGIA c/o Name : 3 Address One : 326 W HOBBS ST 4 Address Two : 5 City State Zip : MOAB UT 84532- 6, { District : 001 MOAB CITY 7 Year Editing :2005 Status History 8, Date/Name Chng :01/16/2004 VAUNA 9 PROPERTYY ADDRES S► 10. Serial Number : 3-MCINTOSH 11. Address : HOBBS ST 326 W 12. City : MOAB 13. Tax Rate . 0.009776 ..{ :{ :�A :r A )dd :M)dfYD)eSrrhG) otoj) gL T) rensfr en �: 0) wnrs <F.8> Sync ESC tiir:`rti'��j:ti .;�'fr•).5•0;;r,,•% :••h .0.}::0 tir':;•...{•;:.:0•%*»} :•}• •• ti•»•.,�}'}•r»:•:{{•:•ti:{:••.... }.r:.}.: • J}.:.:•...f.o }7::•:. •:k•..ti: :.....•:•:•:•:•»:•r}ti :9::•:.ti:..:::: ' ..: •: :..{. :•: • LOT 3 MCINTOSH SUBDIVISION 0.21 AC WHEN RECORDED, MAIL TO: QUIT -CLAIM DEED City of Moab, Grantor, of 217 E. Center St., Moab, County of Grand, State of Utah, hereby Quit Claims to Marilyn J Tibbetts, James E. Gill, Jr., and Tiffany K Gill as joint tenants, Grantee, of 371 Marcus Court, Moab, Utah 84532 for the sum of One Dollar the following described tract(s) of land and property in Grand County: A PARS, OF %MN SECS 36. T 25 Sr R 21 E. S M. MOAB TY, Mom C.ptllnt (OAK MORE P Y DESCRISED AS FO..0919 FIECINNING AT THE SE CARS Olt warns & au. Fes. SAID CORNER BEARS S 66281 E 112260 60 Fri FROM 11.E VEST 1 f4 CORNER SECEION 36. T S, R 21 E. � AM PROCEEDING 1} ENCE N 39-1100'W 26.75 FT, THENCE N 36'l6tt1ONW 171� � FT., TN 89'S4`� 6.19 FT„ THENCE S m 44'2t'E 33.36 FF., 11.634CE S 3421'1 33.93 F%, THENCE S 2$15*26" E 15.5/2 FT, THENCE S 375104" E 67.74 FT., THENCE S 10138.E 6.34 FT., THENCE S 46`44'33" E 1L34" F% THENCE S 4114'2.,#,�"rE,,. 16.54 FT, T# S 3 1l T 16.40 Fft � S 04"42`1� �3l FT., THENCE SIt'S6' 3.36 FT. `TO THE PONT Or � C�DI+ TAI 1.055 SQUARE FEET. MORE OR Witness the hand of said Grantor, this d 3 day of Augu t, 2 Attest: Danielle Guerrero Deputy Recorder State of Utah County of Grand ei a Brewer M. or Pro-Tem On the 023 day of A k J �s }- ,2005, personally appeared before me Keith Brewer, signer of the above instrument, who acknowledged to me that they executed same. J Ra;::)-Q-) Notary Publi6� Residing at Moab, Utah My commission expires / a- l (- a o 0 E Residing in Moab, Utah TAXROLL FILE MAINTENANCE AO W N E R S NAME & ADDRES So - Parcel Name c/o Name Address One Address Two City State Zip District 01-MUT-0065 Entry TIBBETTS MARILYN J 371 MARCUS COURT : MOAB : 001 Year Editing :2005 Status Date/Name Chng :04/12/2002 VAUNA APROPERTY ADDRE Serial Number : 4.1-C-A UTEX LOT 9 Address : MARCUS CT 371 City : MOAB Tax Rate : 0.009776 MOAB CITY UT 84532- History S S► 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. AO W N E R S► TIBBETTS MARILYN GILL JAMES E JR GILL TIFFANY K J ti o o o .�.� 'A)dd M dfyD)el S)rch G)oto L)gl T)rnsfr +/- 0)wnrs <F8> Sync ESC}1 .iti:...•::., '.}::{}}{{{}:':}:::•{: �.•:}Yh..'j{f{•.. E:{.{}:.{ {Y rr:Yr:Y:�Y{hY�.Y}:W: }{::{rhh :r1Y:Yti�•�°��r�:{{r:{.:::::: SEC 36 T25S R21E SLB&M BEG AT SE COR LOT 1 BLOCK C PLAT A UTEX SUBDIVISION WHICH POINT BEARS S 412.2 FT & E 840.3 FT FROM W1/4 COR SAID SEC 36 T25S R21E PROC, N 0°03'W 123 FT ALG E LN LOT 1 BLOCK C TO PT ON S SIDE OF CUL-DE-SAC MARCUS CT TH LEFT ALG CUL-DE-SAC 152.3 FT CHORD OF WH CURVE BEARS N 54°16'E 90 FT TO SEC OR LOT 9 BLOCK B, ALG W BDRY OF VISITOR CENTER PARK S 36°18'E 189.1 FT, S 39°13'E 29.6 FT , S 89°56'30"W 198.7 FT TO BEG BEARING BASED ON CENTERLINE MARCUS CT (N 89°6'30"E) 0.44 AC