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Home My Public Portal AboutRES-CC-2005-29RESOLUTION # 29-2005 APPROVING A REAL ESTATE PURCHASE CONTRACT AND AUTHORIZING EXECUTION OF A WARRANTY DEED AND CLOSING DOCUMENTS FOR THE PURCHASE OF CITY PROPERTY LOCATED AT 615 NORTH RIVERSAND ROAD WHEREAS, a Real Estate Purchase Contract between Dennis E. Byrd Jr. and Patricia Byrd 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 20th day of December, A.D., 2005 ATTEST: Rachel. Ellison, City Recorder David L. Sakrison, Mayor Resolution #29-2005 Page 1 of 1 Oi,of6✓uc,Q 'RA c.. J ac /-e— COPY REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY OF MOAB AND DENNIS E. BYRD JR. AND PATRICIA B. BYRD This Agreement is made and entered into this 20TH day of December, 2005 by and between the City of Moab ("City") and Dennis E. Byrd Jr. and Patricia B. Byrd ("the Byrd's) I. RECITALS. Whereas, the Byrd's currently own real property, "the Property" more particularly described as: The southerly 40.0 ft. of the Dennis E. Byrd Jr. and Patricia B. Byrd property located in Section 35, T 25 S, R 21 E, SLB & M, Grand County, Utah more particularly described as follows: BEGINNING AT THE SW CORNER OF THE BYRD PROPERTY, WHICH BEARS NO°33'E 1319.6 FT. FROM THE SOUTH 'A CORNER SECTION 35, T 25 S, R 21 E, SLB & M, (BASIS OF BEARINGS IS THE SOUTH LINE OF THE SE QUARTER OF SAID SECTION 35, WHOSE BEARING IS TAKEN TO BE N89°53'E) AND PROCEEDING THENCE N89°53'E (RECORD = EAST) 1980.7 FT. (RECORD = 120 RODS), THENCE N89°30'E (RECORD = NORTH) 40.0 FT.,THENCE S89°53'W 1980.8 FT., THENCE S89°27'W (RECORD = SOUTH) 40.0 FT. TO THE POINT OF BEGINNING AND CONTAINING 1.81 ACRES MORE OR LESS. Whereas, the City wishes to purchase the Property for purposes of constructing and maintaining a storm water drainage conveyance and access to said conveyance; and Whereas, the City and the Byrd's have agreed on the terms of the purchase of the property. II. AGREEMENT. For valuable consideration, the sufficiency of which both parties acknowledge, it is agreed as follows: 1. AGREEMENT TO PURCHASE PROPERTY. The City agrees to purchase the Property, subject to the following conditions: 1.1 Included Items. Unless excluded herein, the purchase shall include all fixtures presently attached to the Property, including fencing, trees, landscaping, and utility connections, if any. 1.2 Excluded Items. There are no water rights, easements, permits, or other appurtenances that accompany this transaction. 2. TERMS OF SALE. Upon closing as provided herein, the City agrees to pay the Byrd's the amount of $81,450. 3. CLOSING. This transaction is to be closed on or before December 31, 2005, subject to mutual satisfaction of all conditions contained herein. The parties may mutually agree in writing to amend/extend the closing date or other contract terms as necessary. 4. POSSESSION. Unless otherwise agreed to in writing, the Byrd's shall deliver possession of the Property to the City at closing. 5. TITLE TO PROPERTY, WARRANTY, MERGER, AND TITLE INSURANCE. The Byrd's shall convey title to the Property to the City by Warranty Deed. The Parties agree that the Property is conveyed in an "as is" condition. All promises or representations in this contract shall be abrogated and merged upon conveyance of the deed. The City shall be entitled to obtain, at its sole expense, a policy of title insurance concurrent with the closing. 6. PRE -PURCHASE INSPECTION. At any time no later than ten (10) calendar days prior to closing, the City shall be entitled to inspect the physical and legal condition of the Property, including all matters affecting title. If, in the reasonable discretion of the City, any unsatisfactory condition is discovered, the City may deliver written notice of same to the Byrd's within that time to the Byrd's which shall be entitled to abate or cure the condition at any time prior to closing. If the Byrd's cannot cure or abate the unacceptable condition or if the parties are unable to agree upon any resolution, this contract shall terminate and both parties will be released of any further obligation. 7. REMEDIES. In the event of breach of this agreement, the remedies of each party shall be limited to rescission or specific performance. Should it be necessary for either party to seek judicial enforcement of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorneys fees and court costs in addition to other relief afforded by this agreement. 8. CHOICE OF LAW, VENUE. This Agreement shall be subject to the laws of the State of Utah. In the event of any dispute, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. 9. CONSTRUCTION. The parties agree that this contract is the product of mutual bargaining. It shall be interpreted in accordance with its plain meaning, regardless of the extent to which either party contributed toward the drafting. 10. AUTHORITY. The parties warrant that this contract has been duly authorized by the respective boards of both entities, that those bodies have the authority to enter into this agreement, and that the persons executing are authorized to bind their principal. 11. COMPLETE AGREEMENT. This Agreement constitutes the sole and complete agreement of the parties. All prior representations are superseded, and no subsequent modifications or promises shall be binding unless made in writing and duly executed by both entities. Both parties are relying upon their own independent judgment in entering into this transaction, and not any statements or representations made by the agents of the other party. There are no known or intended third party beneficiaries to this agreement. By: CITY OF MOAB: OCV Mayor, David L. Sakrison Dat Attest: I- 13-0Co Rachel Ellison, City Recorder Date Dat State of Utah County of Grand ) On the day ofJ4(1' nary 02, personally appeared before me -,,13yroj Ili nn15-.-Nrddr• arbil , who duly acknowledged to me that they executed the same. EOIHARJOHNSON i Mohr/ Pak 1 ✓NW of UM 14 Coma Expires Du 2, 2417 217 E Collor IN MMr UT 11453 2431 My Commission xpires: 9)001 Patricia B. Byrd: State of Utah Notary Public Residing in: Grand County Date County of Grand On the day ofJani,ani AOO�Qpersonally appeared before me rd. 1,1nniGF3yrd Jr and •i crop , wh duly acknowledged to me that they executed the same. SOMMARJOHNSON Notary Public State of Utah My Comm. Expires Doc 3, 217 E Center St Moab UT 84 ,_ 2007 532-2431 My Commission Expires: DeC•1191001 4wyttivaw Notary Public Residing in: Grand County CORRECTIVE WARRANTY DEED CORRECTS ENTRY NUMBER 0470611, BOOK 0662, PAGE 13 Dennis E. Byrd Jr. and Patricia B. Byrd, husband and wife, as joint tenants with full rights of survivorship (herein: Grantors) of Moab, County of Grand, State of Utah, hereby grant, convey, and warrant to City of Moab, a Utah municipal corporation (herein: Grantee), for the sum of eighty-one thousand four hundred fifty dollars ($81,450) and other valuable considerations, the following described tract of land in Grand County, Utah, to wit: The southerly 40.0 ft. of the Dennis E. Byrd Jr. and Patricia B. Byrd property located in Section 35, T 25 S, R 21 E, SLB & M, Grand County, Utah more particularly described as follows: BEGINNING AT THE SW CORNER OF THE BYRD PROPERTY, WHICH BEARS NO°33'E 1319.6 FT. FROM THE SOUTH ''A CORNER SECTION 35, T 25 S, R 21 E, SLB & M, (BASIS OF BEARINGS IS THE SOUTH LINE OF THE SE QUARTER OF SAID SECTION 35, WHOSE BEARING IS TAKEN TO BE N89°53'E) AND PROCEEDING THENCE N89°53'E (RECORD = EAST) 1980.7 FT. (RECORD = 120 RODS), THENCE NO°30'E (RECORD = NORTH) 40.0 FT.,THENCE S89°53'W 1980.7 FT., THENCE SO°33'W (RECORD = SOUTH) 40.0 FT. TO THE POINT OF BEGINNING AND CONTAINING 1.81 ACRES MORE OR LESS. Grantors convey said property in fee simple with all appurtenances and warrants to Grantee good and marketable title free from claims and encumbrances by all persons. Signed and delivered this day of March. A.D. 2006. STATE OF UTAH ) ) ss. County of Grand n ,, ) On the day of 1 vUA/eik. , 2006 Dennis E. Byrd Jr. and Patricia B. Byrd, signers of the above instrument, personally appeared before me and acknowledged that they executed same. Witness my hand and official seal. NOTARY PUBLIC DIANA CARROLL 125 East Center St. Moab. Jtah 34532 1 My Commission Expires ` March 12, 2006 rinnt STATE OP UTAH Address: �nn J _ Notary Public, State of Utah IY�� 1 My commission expires: 03' 2,zDOG GRANTEE: City of Moab, a Utah municipal corporation. CITY By: David L. Sakrison, Mayor *,....... V� : , ; > ATTEST: ` 1 - Rachel Ellison, CV12: grderj., Date OB-MAR-2006 E:13PM Fee: None Filed By: JAC MERLENE MOSHER Recorder GRAND COUNTY CORPORATION For: MOAB CITY WARRANTY DEED Dennis E. Byrd Jr, and Patricia B. Byrd, husband and wife, as joint tenants with full rights of survivorship (herein: Grantors) of Moab, County of Grand, State of Utah, hereby grant, convey, and warrant to City of Moab, a Utah municipal corporation (herein: Grantee), for the sum of eighty-one thousand four hundred fifty dollars ($81,450) and other valuable considerations, the following described tract of land in Grand County, Utah, to wit: The southerly 40.0 ft. of the Dennis E. Byrd Jr. and Patricia B. Byrd property located in Section 35, T 25 S, R 21 E, SLB & M, Grand County, Utah more particularly described as follows: BEGINNING AT THE SW CORNER OF THE BYRD PROPERTY, WHICH BEARS NO°33'E 1319.6 FT. FROM THE SOUTH % CORNER SECTION 35, T 25 S, R 21 E, SLB & M, (BASIS OF BEARINGS IS THE SOUTH LINE OF THE SE QUARTER OF SAID SECTION 35, WHOSE BEARING IS TAKEN TO BE N89°53'E) AND PROCEEDING THENCE N89°53'E (RECORD = EAST) 1980.7 FT. (RECORD = 120 RODS), THENCE N89°30'E (RECORD = NORTH) 40.0 FT.,THENCE S89°53'W 1980.8 FT., THENCE S89°27' W (RECORD = SOUTH) 40.0 FT. TO THE POINT OF BEGINNING AND CONTAINING 1.81 ACRES MORE OR LESS. Grantors convey said property in fee simple with all appurtenances and warrants to Grantee good and marketable title free from claims and encumbrances by all persons. Signed and delivered this 20`h day of December, A.D. 2005. STATE OF UTAH ss. County of Grand Patricia B. Byrd On the 19) day of Janua, 2006 Dennis E. Byrd Jr. and Patricia B. Byrd, signers of the above instrument, personally appearefl before me and acknowledged that they executed same. Witness my hand and official seal. ------------ GRANTEE: SOMMIIR JOHNSON Notary Pubic Slate of Utah My Cann. Expires Doc 3, 2007 217 E Center St Moab UT B4532.2431 Notary Public, State of Utah Address: Arm. i'nritr Mak1 D-F.4-�9-, My commission expires: 121 • • 01 City of Moab, a Utah municipal corporation. David L. Sakrison, Mayor E 470 .11 b 066e P 013 Date 18-JAN-2006 16:22pm Fee: No Fee Cash MERLENE MOSHER, Recorder Filed By JAC For MOAB CITY GRAND COUNTY CORPORATION ATTEST: yiF4,� Tl tfilltl'`. `. (J4=r ,• Rachel Ellison, Cf U� r � � .r. ' `)