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Home My WebLink AboutG 20110012 - Subordination Of Interest; Grant Tower After recording, return to: Salt Lake City Corporation Renee Zollinger 451 South State Street P.O. Box 145518 Salt Lake City, UT 84114-5518 With a copy to: City Attorney Salt Lake City Corporation 451 South State Street Salt Lake City, UT 84111 and Division Director Division of Environmental Response and Remediation Utah Department of Environmental Quality 195 North 1950 West P. O.Box 144840 Salt Lake City, UT 84114-4840 and Regional Institutional Control Coordinator,EPR-SR U.S. Environmental Protection Agency 1595 Wynkoop Street Denver, CO 80202 Parcel Nos. 08365010120000 and 08363550020000 SUBORDINATION OF INTEREST WHEREAS, UNION PACIFIC RAILROAD COMPANY by Quit Claim Deed dated November 28, 2005 and recorded in the Salt Lake County Recorder's Office on November 29, 2005 as Entry No. 9566772, Book 9223, Page 5144-68 (the "Easement"), did grant and convey unto UTAH TRANSIT AUTHORITY ("UTA") certain easement rights with respect to property located in Salt Lake County,Utah, and more particularly described as follows(the "Property"): See Exhibit A; WHEREAS, SALT LAKE CITY CORPORATION (the "City") as owner of the Property, the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("EPA") and the Utah Department of 2911460 01 03.doc fi i Environmental Quality ("DEQ") are planning to enter into that certain Environmental Covenant (the "Environmental Covenant") whereby the City, EPA and DEQ have agreed to place certain obligations and restrictions upon the Property; and WHEREAS, UTA is willing to subject and subordinate all of the rights granted to UTA in the above mentioned Easement to the obligations and restrictions set forth in the Environmental Covenant. Now THEREFORE,UTA in consideration of the premises and of the sum of ONE DOLLAR ($1.00) paid to UTA, receipt of which is hereby acknowledged, does hereby covenant and agree with the City, EPA and DEQ, that all right, interest and claim of the undersigned in the Property as granted by the Easement is and shall be and remain at all times subject and subordinate to the obligations and restrictions set forth in the Environmental Covenant. WITNESS the hand and seal of said this /6 kday of P ,2010. UTAH TRANSIT AUTHORITY By: !�►, Name: Its: By: Name: 7C(/ Its: ACTING CHIEF CAPITAL DEVELOPMENT OFFICER i Approv s To F m UTA Leg ounse -2- f STATE OF UTAH I COUNTY OF SALT LAKE j I I, the undersigned a,Notary Public in and for said county, in the state aforesaid, do hereby certify, that'( � dI�c'�`,aIersonally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth as an authorized agent of UTA. Given under my hand and Notarial Seal,this LL&day of etjw,J�—,2010. I Notary Public � SARAH BUGGY 9 C' m Commission Expires 7514j, (SEAL My Commission Exphes' Not Public Decamber2l,2013 � �' i L•rr..wr..e°.o State Of Utah e�tiA Residing at :5a J STATE OF UTAH COUNTY OF SALT LAKE I,the undersigned a Notary Public in and for said county, in the state aforesaid, do hereby certify, that`"f % i; �``�; rersonally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth as an authorized agent of UTA. Given under my hand and Notarial Seal,this/Ok day of 1t>re. ,2010. Notary Public SARAH RUGBY �s A nxhx (SEAL) $ Commission#581234 v, My Commission Expires Notary Public '�e,• ,•ti'' December 21,2013 �N•° State of Utah Residing at { ( C Ilea s�a .•ao�.rrs eer mom uy This instrument prepared by: Chapman and Cutler, LP 201 South Main Street, Suite 2000 Salt Lake City, UT 84111 i Exhibit A Legal Description of the Property i Main Parcel A portion of Lots 1, 2, and 3 of Block 82, Plat "A", Salt Lake City Survey, according to the official plat thereof and a portion of the vacated South Temple Street, situate in the Southwest Quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, County of Salt Lake, Utah,described as follows: Beginning at a point 66.00 feet S.00000'35"E. from the southeast corner of said Block 82, said point is 60.76 feet S.89°59'30"W. along the monument line of South Temple Street and 2.88 feet S.00°00'35"E. from the Salt Lake City monument found in the intersection of 500 West and South Temple Streets, and running thence S.89°57128"W. 573.66 feet along the southerly line of the vacated portion of South Temple Street to the land granted to the Utah Transit Authority; thence along said Utah Transit Authority parcel the following six (6) courses: (1)N.70°03106"E. 160.24 feet to the beginning of a non-tangent 9658.12 foot radius curve to the left, (2) thence easterly along the arc of said curve 32.59 feet through a delta of 00"1136" (Note: Chord to said curve bears N.69°58'57"E. for a distance of 32.59 feet)to the beginning of a non-tangent 2120.28 foot radius curve to the left, (3) thence easterly along the arc of said curve 38.97 feet through a delta of 01003'11" (Note: Chord to said curve bears N.69°21'33"E. for a distance of 38.97 feet) to the beginning of a non-tangent 1321.96 foot radius curve to the left, (4)thence easterly along the arc of said curve 43.65 foot through a delta of 01°53'31" (Note: Chord to said curve bears N.67°53'13"E. for a distance of 43.65 feet) to a point of compound curvature with a radius of 843.29 feet, (5) thence northeasterly along the arc of said curve 41.35 feet through a delta of 02°48'35" (Note: Chord to said curve bears N.65°32'10"E. for a distance of 41.35 feet)to a point of compound curvature with a radius of 765.00 feet, and(6)thence northeasterly along the arc of said curve 363.30 feet through a delta of 271236" (Note: Chord to said curve bears N.50°31'34"E. for a distance of 359.90 feet) to the easterly block line of said Block 82; thence S.00000'35"E. 341.49 feet along said easterly block line and it's extension to the point of beginning. The above-described parcel of land contains 74,013 square feet or 1.699 acres in area, more or less. Remainder Parcel A portion of Lots 1, 2, 3, 7, and 8 of Block 82, Plat "A", Salt Lake City Survey, according to the official plat thereof, and in the Southwest Quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, County of Salt Lake, Utah, described as follows: Beginning at a point 22.28 feet N.00°00'27"W. along the westerly block line of said Block 82 and 198.29 feet N.89057'28"E. from the Southwest Corner of said Block 82, and running thence N.35028'05"E. 518.57 feet; thence N.89057'44"E. 161.13 feet to a point 216.00 feet -2- -- --------- -- ----- - -- - -- ------- --------- -- - S.00°00'35"E. from the Northeast Corner of said Block 82, said point is also in the easterly block line of said Block 82; thence S.00°00'35"E. 51.05 feet along said easterly block line to a point in the northerly UTA right of way line, said point is also the beginning of a non-tangent 735.00 foot radius curve to the right; thence southwesterly along said northerly right of way line and along the arc of said curve 464.87 feet through a delta of 36°14'17" (Note: Chord to said curve bears S.46°00'44"W. for a distance of 457.16 feet) to a point of compound curvature with a radius of 804.81 feet; thence southwesterly along said northerly right of way line and along the arc of said curve 40.31 feet through a delta of 02°52'12" (Note: Chord to said curve bears S.65°33'58"W. for a distance of 40.31 feet) to the beginning of a non-tangent 1355.27 foot radius curve to the right; thence westerly along said northerly right of way line and along the arc of said curve 39.14 feet through a delta of 01°39'17" (Note: Chord to said curve bears S.67°4944"W. for a distance of 39.14 feet) to the beginning of a non-tangent 1758.28 foot radius curve to the right; thence westerly along said northerly right of way line and along the arc of said curve 37.58 feet through a delta of 01°13'28" (Note: Chord to said curve bears S.69°16'05"W. for a distance of 37.57 feet) to the beginning of a non-tangent 17020.52 foot radius curve to the right; thence westerly along said northerly right of way line and along the arc of said curve 26.65 feet through a delta of 00°05'23" (Note: Chord to said curve bears S.69°55'30"W. for a distance of 26.65 feet) to the point of beginning. The above-described parcel of land contains 69,411 square feet or 1.593 acres in area, more or less. Subject to the following easement in favor of the Union Pacific Railroad: An easement located in Lots 1, 2, 3, 7, and 8 of Block 82, Plat "A", Salt Lake City Survey, according to the official plat thereof, and in the Southwest Quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, County of Salt Lake, Utah, described as follows: Beginning at a point 67.54 feet N.00°00'27"W. along the westerly block line of said Block 82 and 230.56 feet N.89°57'28"E. from the Southwest Corner of said Block 82, and running thence N.35028'05"E. 462.97 feet; thence N.89°5744"E. 116.38 feet to a point 216.00 feet S.00°00'35"E. and 44.75 feet S.89°57'44"W. from the northeast corner of said Block 82, said point is also the beginning of a non-tangent 1278.39 foot radius curve to the right; thence southwesterly along the arc of said curve 478.11 feet through a central angle of 21°25'42" (Note: Chord to said curve bears S.42°38'38"W. for a distance of 475.33 feet); thence S.66°25'34"W. 68.75 feet to the point of beginning. The above-described easement contains 35,594 square feet or 0.817 acres in area,more or less. -3-