113 of 1981 - NOTICE OF DEFAULT regarding an agreement to deed 2.9 acres of real property in Emigration Canyon nor Resolution No. 113
By PETITION 408 of 1981
' Notice of Default by Salt Lake
City Corporation on 2.9 acres
of real property in Emigration
Canyon north of Rotary Glen
against Donner Place, Inc.
RESOLUTION 113
OF
NOTICE OF DEFAULT
WHEREAS, on or about January 22, 1963, Salt Lake City
Corporation, as Grantor, hereinafter "City" entered into an
agreement to deed 2.9 acres of real property in Emigration Canyon
north of Rotary Glen to Oak Hills, Inc., as Grantee, for the pur-
pose of promoting development of the land for a municipal park
which the Grantee was responsible to develop; and
WHEREAS, said Quitclaim Deed, a copy of which is attached
hereto marked as Exhibit "1", was duly recorded as Entry No.
1898107 in Book 2014 at Page 371 ; and
WHEREAS, the Grantee under said Deed had certain obligations
considered conditions subsequent to the transfer of said land, to
make certain improvements and was obligated to proceed diligently
without delay to accomplish the same; and
WHEREAS, the City reserved a reversionary interest in the
real property to enable it to void the transfer in the event
Grantee or its successors-in-interest failed or refused to comply
with its obligations to perform certain acts specified in said
Deed; and
WHEREAS, the Grantee and its successor-in-interest have
failed to comply with the conditions subsequent providing the
consideration for the Deed, including but not limited to the duty
to submit plans and cover the Emigration Creek, and to develop a
park according to City-approved speculations and approvals; and
WHEREAS, to City's knowledge, no plans have ever been sub-
mitted or approved by the City, let alone implemented to date;
thereby defaulting under its obligations under said Deed; and
WHEREAS, City intends to proceed to enforce its reversionary
interests to protect its interest in said property.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF SALT
LAKE CITY, UTAH:
1. City as Grantor under the Quitclaim Deed described
above, marked as Exhibit "1" holds easements, restrictive
covenants and reversionary interests in property described in
Exhibit "1" herein by reference.
2. Grantee has failed to perform its obligations under said
Deed, thus defaulting under said conditions subsequent which
formed the consideration of said Deed;
3. Therefore, City gives notice of said default to Grantee
with demand, that if the Grantee or its successor-in-interest
continues in default for thirty days after the date of delivery
of this Notice, Grantee's interest in said land and Quitclaim
Deed will be defaulted, and title will revert to the Grantor.
DATED this day of J Ic' .2/ri1 r^ , 1981.
SALT LAKE CITY COUNNCIL
By it.144 /9W-et.C7.
CMAN
ATTEST:
CIT RECO R
SALT/LAK CITY CORP RATION
YOR
ATTEST:
WttiC47r77
CITY RECO ER
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