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029 of 2000 - amending Ordinance No. 28 of 1999 closing a portion of Main Street between North Temple and South Te 0 00-1 P 99-14 SALT LAKE CITY ORDINANCE No. 29 of 2000 (Amending Ordinance No. 28 of 1999 Closing a Portion of Main Street Between North Temple and South Temple Streets to Clarify Intent, Purpose or Action) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 28 OF 1999 WHICH CLOSED A PORTION OF MAIN STREET BETWEEN NORTH TEMPLE AND SOUTH TEMPLE STREETS. WHEREAS, in December 1998, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints filed Petition No. 400-98-79 with the City requesting the closure and sale of a portion of Main Street between North Temple and South Temple Streets; and WHEREAS, after several public hearings, the Salt Lake City Planning Commission recommended approval of the Petition, subject to certain enumerated conditions; and WHEREAS, prior to the public hearing before the City Council on that Petition, the City Council reviewed and requested modifications to the proposed ordinance and the reservation of easement which was to be included in the deed transferring title to the property; and WHEREAS, on April 13, 1999, after a public hearing, the City Council adopted Ordinance No. 28 of 1999, closing a portion of Main Street between North Temple and South Temple Streets, subject to the City Council's modified conditions and consistent with the reservation of easement which had previously been presented to and reviewed by the City Council; and WHEREAS, following the enactment of that ordinance, on or about April 27, 1999, the Mayor of Salt Lake City executed and recorded a Special Warranty Deed transferring fee title to the closed portion of Main Street to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, subject to certain easement rights reserved by the City, the language of which was consistent with the reservation of easement previously presented to and reviewed by the City Council; and WHEREAS,the City has received payment equal to or exceeding the fair market value of the property conveyed; and WHEREAS, lawsuits have now been filed in State and Federal Courts challenging the ordinance enacted by the City Council, the Special Warranty Deed executed by the Mayor and the constitutionality of the terms of the reservation of easements; and WHEREAS, the claims asserted in the pending litigation question: (a) the intent and purpose of the City Council in adopting Ordinance No. 28 of 1999; and (b)the City Council's knowledge of the terms of the reservation of easements related to that one- block portion of Main Street as contained in the Special Warranty Deed; and WHEREAS, the City Council finds that it is desirable to clarify any ambiguity regarding: (a) the meaning and intent of the conditions imposed in Ordinance No. 28 of 1999 closing a portion of Main Street; and(b)the Council's knowledge of the terms and conditions in the reservation of easements as contained in the Special Warranty Deed, in order to avoid the delay, cost and controversy related to continued litigation over these issues; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 2 SECTION 1. Intent and Purpose. The purpose of this ordinance is to affirm, ratify and clarify the meaning and intent of Ordinance No. 28 of 1999 and the City Council's knowledge of the language and terms of the reservation of easements contained in the Special Warranty Deed executed by the Mayor. SECTION 2. Amendment. Section 3 of Ordinance No. 28 of 1999 shall be and hereby is amended to read as follows: Conditions. The closure of the one-block portion of Main Street between North Temple and South Temple Streets is conditioned upon the following: a. Payment to the City of the fair market value of the closed portion of the street, or its equivalent, and title to this closed portion of the street shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; and b. Compliance with the fourteen(14) conditions identified in the Modified Summary of Conditions attached as Exhibit"B". The remainder of Ordinance No. 28 of 1999 remains in full force and effect. SECTION 3. Reservation of Easements. Upon satisfaction of the conditions identified in Section 2 above, the Mayor was authorized to execute a Special Warranty Deed containing a reservation of easements consistent with the "Reservation of Easement"previously presented to and reviewed by the City Council, a true and correct copy of which is attached to this ordinance as Exhibit"A". It was and is the intent of the City Council that the right of public access to and use of the property included in the Special Warranty Deed would be subject to and limited by the reservation of easements contained in said Deed. SECTION 4. Satisfaction of Conditions. The City Council acknowledges that the conditions identified in Section 2 above have been satisfied. A true and correct copy of the Modified Summary of Conditions is also attached to this ordinance as Exhibit"B". 3 SECTION 5. Execution of Deed. The City Council also acknowledges that the Special Warranty Deed executed by the Mayor, a true and correct copy of which is attached to this ordinance as Exhibit"C", was consistent with the "Reservation of Easement" previously reviewed by the Council. SECTION 6. Effective Date. This ordinance shall become effective on the date of its first publication, but shall relate back to and be effective as of the effective date of Ordinance No. 28 of 1999. Passed by the City Council of Salt Lake City, Utah, this 16 day of May , 2000. CHAIRPERS ATTEST AND COUNTERSIGN: IEF DEPUTY CIT RECORDER Transmitted to Mayor on May 16, 2000 Mayor's Action: /17' Approved Vetoed. •R {{ ATTEST AND COUNTERSIGN: , ,/" c*+ ,'• IEF EPUTY CIT ORDER t ,4. 00RA (SEAL) M JrJ �� ' Bill No. 29 of 2000. Published: June 6, 2000 G:\Ordina00\Amending Ordinance No.28 of 1999.doc 4 • EXHIBIT "A" DRAFT 4/9/99 RESERVATION OF EASEMENT (TO BE INCLUDED WITHIN DEED FROM SALT LAKE CITY CORPORATION TO CORPORTION OF THE PRESTT)ING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS.) 1. Purpose of Easements. The easements reserved herein are intended and shall be used for the following purposes only: 1.1. Emergency and Public Safety. Grantor hereby reserves an easement over and across the surface of the Property for access and passage by emergency and public safety personnel and vehicles, including, without limitation, police, ambulance, paramedic and firefighting personnel and vehicles. 1.2 Public and Private Utilities. [Text being drafted.] 1.3. Pedestrian Access and Passage. Subject to the conditions, limitations, and restrictions set forth in section 2 hereinbelow, Grantor reserves an easement over and across the surface of the Property for pedestrian access and passage only, including bicycles, provided that they are walked across the Property. Skate boards, roller blades and roller skates shall not be allowed. The Property shall be available for such pedestrian access and passage at all times,both day and night. Grantee shall not erect any perimeter fences or gates on the Property along the North Temple or South Temple rights of way, but Grantee may erect decorative fencing and similar structures which are commonly used in plazas similar to the Property, with the written approval of Grantor. Grantor may allow the general public to use this easement for pedestrian access and passage only,but all use of this easement shall be subject to the conditions, limitations and restrictions described hereinbelow. 1.4 Preservation of View Corridor. In order to preserve the view corridor to the Daughters of the Utah Pioneers Museum and to Ensign Peak, Grantee shall not erect any occupied buildings on the Property; provided, however, that Grantee may erect and maintain one or more kiosks or information booths which may be occupied by attendants. 2. Conditions, Limitations and Restrictions. Notwithstanding anything to the contrary in this instrument, the easements reserved herein are subject to the following conditions, limitations and restrictions: 2.1. Private Property. The Property is and shall at all times remain the private property of Grantee. Nothing herein shall be deemed to dedicate the Property to public ownership or use beyond the scope of the reserved easement. The use of the Property by the Public is and shall remain permissive, and neither Grantor nor the public shall acquire any rights to the Property by such use beyond the scope of the easement reserved herein. Neither Grantor nor the public shall be entitled to claim or assert any prescriptive use rights or any right of adverse possession against Grantee. No third party shall be entitled to claim or assert any rights against Grantee or against the Property beyond the use of the easement described herein. Grantee shall have the right to landscape the Property, to improve the Property with gardens and/or other improvements, and to restrict the pedestrian access and passage to sidewalks or walkways intended for that purpose, provided that the pedestrian flow across the Property shall not be unreasonably obstructed or limited. 2.2. Right to Prevent Uses Other Than Pedestrian Passage. Nothing in the reservation or use of this easement shall be deemed to create or constitute a public forum, limited or otherwise, on the Property. Nothing in this easement is intended to permit any of the following enumerated or similar activities on the Property: loitering, assembling, partying, demonstrating, picketing, distributing literature, soliciting, begging, littering, consuming alcoholic beverages or using tobacco products, sunbathing, carrying firearms (except for police personnel), erecting signs or displays, using loudspeakers or other devices to project music, sound or spoken messages, engaging in any illegal, offensive, indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct, or otherwise disturbing the peace. Grantee shall have the right to deny access to the Property to persons who are disorderly or intoxicated or engaging in any of the activities identified above. The provisions of this section are intended to apply only to Grantor and other users of the easement and are not intended to limit or restrict Grantee's use of the Property as owner thereof, including, without limitation, the distribution of literature, the erection of signs and displays by Grantee, and the projection of music and spoken messages by Grantee. 2.3. Right to Exclude Habitual Violators. Grantee may prohibit and lawfully prevent access to the Property by individuals who: (a)have threatened or intentionally caused harm to leaders or members of The Church of Jesus Christ of Latter-day Saints; or(b)have threatened or intentionally caused damage to buildings or property owned or used by Grantee or by The Church of Jesus Christ of Latter-day Saints; or(c)have on more than one previous occasion entered on the Property and engaged in activities identified in section 2.2 above. 3. Enforcement. Grantee may use all lawful means available to owners of private property to prevent any uses of the easements which are contrary to the provisions of this instrument. Without limiting the generality of the foregoing, Grantee shall have the right to obtain injunctive relief enforcing the provisions of this instrument. 4. Right of Reverter. In the event that Grantee fails to use the Property for the purposes set forth herein, or fails to maintain the Property thereafter, the ownership of the Property shall, at Grantor's option, revert to Grantor. -2- 5. Notice and Opportunity to Remedy Deficiencies. Prior to exercising the right of reverter, Grantor shall give written notice to Grantee of the deficiencies in Grantee's use or maintenance of the Property. Grantee shall thereafter have a period of no less than six months to remedy such deficiencies. If such deficiencies are remedied within that six month time period, title to the Property shall remain with Grantee. If such deficiencies are not remedied within that six month time period, Grantor shall give written notice to Grantee of such failure and title to the Property shall immediately revert to Grantor. 6. Miscellaneous Provisions. 6.1 Integrated Agreement. This instrument contains all of the terms, covenants, conditions and agreement between the parties hereto with respect to the subject matters treated herein. 6.2. Severability. In the event that it is finally determined by a court having jurisdiction over Grantee or the Property that any of the terms, conditions, limitations or restrictions set forth in this instrument are unconstitutional or otherwise unenforceable, the remaining terms, conditions, limitations and restrictions set forth herein shall remain binding and enforceable. 6.3. Amendments. Although Grantor may allow use of the pedestrian access easement reserved in section 1.2 by the general public, it is understood and agreed that this instrument and the easement reserved herein can be amended, modified or terminated by written agreement between Grantee and Salt Lake City Corporation alone without the joinder or consent of any other person or entity. Any written amendment or modification of this instrument executed by Grantee and by Salt Lake City Corporation shall become binding immediately on all users of the easements reserved herein. 6.4 No Agency Relationship. Nothing in this instrument shall create or be construed as creating an agency relationship between Grantor and Grantee. 6.5 Governing Law. This instrument concerns real property located in the State of Utah and shall be governed by and construed in accordance with the laws of the State of Utah. 6.6 Interpretation. This instrument shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Grantor or Grantee. -3- IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument this day of , 1999. GRANTOR: By: Title: GRANTEE: By: Title: STATE OF UTAH ) : ss COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me this day of 1999, by , the of Notary Public My commission expires: -4- STATE OF UTAH ) : ss COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me this day of 1999, by , the of Notary Public • My commission expires: \PL9984\DOCS\main street easement v2.doc -5- EXHIBIT "B" Modified summary of conditions imposed by the Salt Lake City Planning Commission: 1. The City shall retain a perpetual easement for a 24-hour public pedestrian and bicycle access from North Temple to South Temple within the existing street right-of-way. The easement shall have no perimeter gates or fences along the North Temple or South Temple rights of way,but Petitioner may erect decorative fencing and similar structures which are commonly used in similar plazas, with written approval of the Planning Director. The plaza shall be planned and improved so as to maintain, encourage, and invite public use. 2. The Petitioner shall submit a construction schedule showing the traffic impacts of its construction work related to other construction projects in the area which are already underway or planned, and what mitigation measures are planned. 3. Construction work on the underground parking structure and plaza shall be performed in such a way that it does not interfere with the travel lanes on North Temple and South Temple streets during the reconstruction of South Temple Street. 4. A utility easement shall be retained by Salt Lake City through the former Main Street right-of-way for all existing public and private utilities. 5. To protect the view corridor to the Pioneer Museum and through to Ensign Peak no occupied buildings shall be constructed on the former Main Street right-of- way, except that Petitioner may erect and maintain one or more kiosks or information booths which may be occupied by attendants. 6. In the former Main Street right-of-way, all structures and buildings/uses (i.e. fountains, kiosks, trellises) ancillary to a pedestrian plaza that require a building permit shall be subject to approval by the Salt Lake City Planning Director. 7. The Planning Director shall have final approval of the landscaping plan and pedestrian plaza. 8. The zoning for the plaza shall be determined according to Section 21A.22.030 A of the Salt Lake City Code. Therefore the zoning will be UI and D-1 and the centerline of the former Main Street right-of-way shall be the boundary of the two districts. 5 9. An emergency vehicle access easement shall be established and constructed on the west side of the plaza through the former Main Street right-of-way. 10. Petitioner shall use its best efforts to discourage any through access from the parking garage onto Main Street northbound through the Capitol Hill neighborhood. 11. The pedestrian plaza and parking garage shall meet all applicable City Codes and requirements from all City Divisions and Depat linents. 12. Any construction activity associated with the new parking structure and/or plaza that will impact travel lanes on either North Temple or South Temple shall be completed before construction work is started on the South Temple reconstruction project between Main Street and 700 East. 13. The Petitioner shall participate on a special task force comprised of the City, the Utah Department of Transportation, and neighborhood representatives to identify and recommend solutions to the longstanding traffic issues in these neighborhoods, including, but not limited to: A. Excessive traffic volumes entering the Avenues neighborhood on Second Avenue; B. Excessive commuter traffic using Victory Road, 600 North, Columbus Street, Main Street, and other Capitol Hill neighborhood streets; and C. Jurisdictional roadway and/or operational transfer agreements between the City and UDOT affecting traffic control and operational issues such as traffic signal placement and timing,route signing, employment of traffic calming techniques, etc. 14. The Petitioner shall hold an open house to gain public input for the design of the pedestrian plaza before final approval. 6 • EXHIBIT "C" ; AFTER RECORDATION RETURN TO: Kirton & McConkie c/o Marc N. Mascaro 60 East South Temple, #1800 Salt Lake City, Utah 84111 RECORDED APR 2 7 1999 SPECIAL WARRANTY DEED Cm/ RECORDER SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah ("GRANTOR"), hereby specially conveys and warrants against all acts of Grantor, including without limitation any conveyance, alienation, mortgage or other transfer or encumbrance, and not otherwise, pursuant to Petition No. 400-98-79 and Salt Lake City Ordinance No. 28 of 1999, to the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation, whose mailing address is 50 East North Temple, Suite 1800, Salt Lake City, Utah 841 1 1 , ("GRANTEE") for the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, all of Grantor's interest in the following described real property located in Salt Lake County, State of Utah: SEE EXHIBIT "A" ATTACHED HERETO. Said conveyance is subject to the following reservation of easements: 1 . Purpose of Easements. The easements reserved herein are intended and shall be used for the following purposes only: 1 .1 . Emergency and Public Safety. Grantor hereby reserves an easement over and across the surface of the Property for access and passage by emergency and public safety personnel and vehicles, including, without limitation, police, ambulance, paramedic and firefighting personnel and vehicles. 1 .2. Public and Private Utilities Easement. Grantor hereby reserves an easement over, across and through the Property for operation, maintenance, repair, alteration, replacement, enlargement and emergency access, of all existing public and private underground utility lines, including, without limitation, water, sewer, storm drain, telecommunications, electrical, gas, fiber optic and cable lines. Grantor's utility lines may be relocated upon the mutual prior consent of both Grantor and Grantee (which consent shall not be unreasonably withheld), at the expense of the party requesting relocation. Other utility lines may be relocated upon the mutual prior consent of both Grantee and the owner of the utility line (which consent shall not be unreasonably withheld), at the expense: of the party requesting relocation. Grantee shall not erect any buildings or other permanent structures, including other utility lines, over Grantor's utility lines which would impede Grantor's access to existing utility lines. Grantor shall not be responsible for the cost of restoring any surface improvements on the Property. 1 .3. Pedestrian Access and Passage. Subject to the conditions, limitations, and restrictions set forth in section 2 hereinbelow, Grantor reserves an easement over and across the surface of the Property for pedestrian access and passage only, including bicycles, provided that they are walked across the Property, and including dogs on leash. Skate boards, roller blades and roller skates shall not be allowed. The Property shall be available for such pedestrian access and passage at all times, both day and night. Grantee shall not erect any perimeter fences or gates on the Property along the North Temple or South Temple rights of way, but Grantee may erect decorative fencing and similar structures which are commonly used in plazas similar to the Property, with the written approval of Grantor. Grantor may allow the general public to use this easement for pedestrian access and passage only, but all use of this easement shall be subject to the conditions, limitations and restrictions described hereinbelow. 1 .4 Preservation of View Corridor. In order to preserve the view corridor to the Daughters of the Utah Pioneers Museum and to Ensign Peak, Grantee shall not erect any occupied buildings on the Property; provided, however, that Grantee may erect and maintain one or more kiosks or information booths which may be occupied by attendants. 2. Conditions, Limitations and Restrictions. Notwithstanding anything to the contrary in this instrument, the easements reserved herein are subject to the following conditions, limitations and restrictions: 21 . Private Property. The Property is and shall at all times remain the private property of Grantee. Nothing herein shall be deemed to dedicate the Property to public ownership or use beyond the scope of the reserved easement. The use of the Property by the Public is and shall remain permissive, and neither Grantor nor the public shall acquire any rights to the Property by such use beyond the scope of the easement reserved herein. Neither Grantor nor the public shall be entitled to claim or assert any prescriptive use rights or any right of adverse possession against Grantee. No third party shall be entitled to claim or assert any rights against Grantee or against the Property beyond the use of the easement described herein. Grantee shall have the right to landscape the Property, to improve the -2- Property with gardens and/or other improvements, and to restrict the pedestrian access and passage to sidewalks or walkways intended for that purpose, provided that the pedestrian flow across the Property shall not be unreasonably obstructed or limited. 2.2. Right to Prevent Uses Other Than Pedestrian Passage. Nothing in the reservation or use of this easement shall be deemed to create or constitute a public forum, limited or otherwise, on the Property. Nothing in this easement is intended to permit any of the following enumerated or similar activities on the Property: loitering, assembling, partying, demonstrating, picketing, distributing literature, soliciting, begging, littering, consuming alcoholic beverages or using tobacco products, sunbathing, carrying firearms (except for police personnel), erecting signs or displays, using loudspeakers or other devices to project music, sound or spoken messages, engaging in any illegal, offensive, indecent, obscene, vulgar, lewd or disorderly speech, dress or conduct, or otherwise disturbing the peace. Grantee shall have the right to deny access to the Property to persons who are disorderly or intoxicated or engaging in any of the activities identified above. The provisions of this section are intended to apply only to Grantor and other users of the easement and are not intended to limit or restrict Grantee's use of the Property as owner thereof, including, without limitation, the distribution of literature, the erection of signs and displays by Grantee, and the projection of music and spoken messages by Grantee. 2.3. Right to Exclude Habitual Violators. Grantee may prohibit and lawfully prevent access to the Property by individuals who: (a) have threatened or intentionally caused harm to leaders or members of The Church of Jesus Christ of Latter-day Saints; or (b) have threatened or intentionally caused damage to buildings or property owned or used by Grantee or by The Church of Jesus Christ of Latter-day Saints; or (c) have on more than one previous occasion entered on the Property and engaged in activities identified in section 2.2 above. 3. Enforcement. Grantee may use all lawful means available to owners of private property to prevent any uses of the easements which are contrary to the provisions of this instrument. Without limiting the generality of the foregoing, Grantee shall have the right to obtain injunctive relief enforcing the provisions of this instrument. 4. Right of Reverter. In the event that Grantee fails to use the Property for the purposes set forth herein, or fails to maintain the Property thereafter, the ownership of the Property shall, at Grantor's option, revert to Grantor. -3- 5. Notice and Opportunity to Remedy Deficiencies. Prior to exercising the right of reverter, Grantor shall give written notice to Grantee of the deficiencies in Grantee's use or maintenance of the Property. Grantee shall thereafter have a period of no less than six months to remedy such deficiencies. If such deficiencies are remedied within that six month time period, title to the Property shall remain with Grantee. If such deficiencies are not remedied within that six month time period, Grantor shall give written notice to Grantee of such failure and title to the Property shall immediately revert to Grantor. 6. Miscellaneous Provisions. 6.1 Integrated Agreement. This instrument contains all of the terms, covenants, conditions and agreement between the parties hereto with respect to the subject matters treated herein. 6.2. Severability. In the event that it is finally determined by a court having jurisdiction over Grantee or the Property that any of the terms, conditions, limitations or restrictions set forth in this instrument are unconstitutional or otherwise unenforceable, the remaining terms, conditions, limitations and restrictions set forth herein shall remain binding and enforceable. 6.3. Amendments. Although Grantor may allow use of the pedestrian access easement reserved in section 1 .2 by the general public, it is understood and agreed that this instrument and the easement reserved herein can be amended, modified or terminated by written agreement between Grantee and Salt Lake City Corporation alone without the joinder or consent of any other person or entity. Any written amendment or modification of this instrument executed by Grantee and by Salt Lake City Corporation shall become binding immediately on all users of the easements reserved herein. 6.4 No Agency Relationship. Nothing in this instrument shall create or be construed as creating an agency relationship between Grantor and Grantee. 6.5 Governing Law. This instrument concerns real property located in the State of Utah and shall be governed by and construed in accordance with the laws of the State of Utah. 6.6 Interpretation. This instrument shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Grantor or Grantee. -4- IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument this day of RECOP nED1999. APR 2 7 1999 iNTO T LAKE CITY C PORATION ' CITY RECORDER ATTEST & COUNTERSIGN VM - ti . �',��,, rfilr „dice . ,`, 7+rc;lif't+ (`( 81t De put i Recorder , i',n'fy� ` - "" bil, ------ ,4.7: %;C2).111111.r.."%i STATE OF UTAH ) :ss. County of Salt Lake ) On APR 2 7 1999 , personall appear:d b- .re .-f- D- : see C.rradini and Beverly Jones being by e duly s . die s. . they are the MAYOR and DEPUTY RECP 'DER, re . -ctiv: y, .f alt :ke City Corporation, a municipal corporation of the Sta - of U ah, .nd at :id persons duly acknowledged to me that said , orporation '•x•.cu -a- s. • e. .� '�' 9A RY ' BLIC, resi•ing in Salt Lake County, Utah My Commission Expires: - t:, S1A7 OFe UTAN sc wow oML `lyn t A L,ww 41416 si, .,L, f,U'•�n u111 -5- CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS GRAN By: Titl STATE OF UTAH :ss. County of Salt Lake On ��T /PP9' , personally appeared before me /ic��r s �_ de� , personally known to me to be the of the CORPORA OF THE PRESIDING BISHOP OF THE CHURL OF J SUS CHRIST OF LATTER-DAY SAINTS, who acknowledged to me that he/she signed the foregoing instrument as AUTHORIZED AGENT for the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, and that the seal impress d on the within instrument is the seal of said corporation, and the said acknowledged to me that the said corporation executed the same. 0 CONNIE J.ROBERTS ' Notary Public0� ,f �;�' State of Utah NOTARY BLIC, residing in My Comm.Expires Mar 1.2003 60E North Temple 18thAISLCUT14150 ► Salt Lake County, Utah My Commission Expires: G'14, /, 06D G:\PL9984\DOCS\Ids special warranty deed.doc -6- EXHIBIT "A" MAIN STREET PROPERTY DESCRIPTION Beginning at the Southeast corner of Block 87, Plat A, Salt Lake City Survey, located in the Southwest quarter of section 31, Township 1 North, Range 1 East, Salt Lake Base Meridian, and running thence North 00°01'42" west 660 feet along the east line of said block 87 to the Northeast corner of said block 87. Thence North 81°22'22" East 134.07 feet to the South right of way line of North Temple Street, a point that is North 00°02'l3" West 18 feet from the Northwest Corner of Block 88, Plat A, thence South 00°02'13" East 678 feet along the west line of block 88 to the Southwest corner of block 88: thence South 89°05'14" West 132.68 feet to the point of beginning. r/fie/ •