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                                                                                               Agenda Item No
                                                                                           Council                               2007
                                                                                                  Meeting ofOctobe


                               REQUEST FOR COUNCIL ACTION

    Subject      Property Surplus and Deed Request approval of Resolution No 01                                  10       declaring
                 a property surplus and authorizing the Mayor to execute a Quit Claim                            Deed to Jensen
                 Land Development LLC a Utah limited liability company


    Discussion   In 2002 Richard H Jensen and                  Craig Jensen     as
                                                                                     purported representatives        of the Elmer
                 JensenFamily Trust conveyed property interests to the City by Quit Claim Deeds and
                 Easements  The property interests conveyed to the City were for the improvement of

                 ClayHollow Wash and the widening of a small section of 7800 South                                    Clay   Hollow
                 Wash was improved with a box culvert but the road was not widened


                 In 2006 the trustees ofthe Ebner Jensen               Family      Trust conveyed the fee       simple interest in
                 the     property to Jensen Land Development LLC Since that time representatives for
                       trust

                 Jensen Land Development have contended that the deeds and easements to the City are

                 not valid because          they   lack all of the required trustee signatures on behalf of the Elmer
                 Jensen     Family    Trust        They have suggested that the    City s deeds and easements are a
                 cloud on the Jensen property title that            should be removed by the City


                 While      City   staff   disputes   that the deeds and easements to the         City   are   not   valid the   City
                 has   noinnnediate plans to widen 7800 South in the affected area Further City staff
                 believes that the City has aprescriptive right to continue to maintain Clay Hollow Wash


                 City staff    has   negotiated       with Jensen Land    Development       and proposes the attached Quit
                 Claim Deed        as a    settlement of the    disputed     property interests   By adopting the attached
                 Resolution        and                   the          the attached Quit Claim Deed City
                                           authorizing         Mayor to execute
                 Council would agree to convey the property to Jensen Land Development by Quit Claim
                 Deed but reserve all existing and future prescriptive rights Such action will resolve any
                 poteutial dispute by clearing           the title to the property


                 The property interests to be declared             surplus   and   conveyed by Quit      Claim Deed to Jensen
                 Land Development            are more    fully   described as follows


                       Those portions ofthe Southwest Quarter ofSection 26 Township 2 South Range
                       2 West of the Salt Lake Base and Meridian Salt Lake
                                                                             County State of Utah
                       more particularly described as follows




                       Commencing at the Southwest Comer of said Section 26 and running thence
                       North 8903145 East along the south line of said Section 26 and along the
                       centerline of 7800 South Street 777 044 feet thence North 00028 15 West
                       perpendicular to said section line 33 000 feet to a point on the north of
                                                                                              right way
                       line of said 7800 South Street said point also being the POINT OF
                       BEGINNING thence North 00028 15 West 30 000 feet thence North 89031 45
                       East 250 000 feet thence South 00028 15 East 30 000 feet to a
                                                                                      point on said
                       north right of way line thence South 89031 45 West along said north right of
                       way line 250 000 feet to the POINT OF BEGINNING
                              AND



                              Commencing          at the Southwest Comer of said Section 26 and               running thence
                              North 89031 45         East    along   the south line of said Section 26 and         along the
                              centerline of 7800 South Street 777 044 feet thence North 00028 15 West
                              perpendicular to said section line 63 000 feet to the POINT OF BEGINNING
                              thence North 00028 15          West 80 000 feet thence North 89031 46             East 100 000
                              feet thence South 51048 40               East 128 063 feet       thence South 89031 45     West
                              200 000 feet to the POINT OF BEGINNING


                              The   foregoing affects a portion of Salt            Lake   County Sidwell No   20 26      300
                                                                                                                         00    I




Fiscal Impact None


Recommendation

                        City   staff recommends that         City   Council declare the above described property surplus to
                        the    City   s   needs   subject    to   the reservations in the attached Quit Claim Deed and
                        authorize the        Mayor    to     execute    the attached               Claim Deed   to    Jensen   Land
                                                                                            Quit
                        Development         LLC     a Utah   limited   liability   company


OI
Motion       recommended
                         I    move                         1i
                                                           1
                                     adopt Resolution No 1l1 declaring the above described property
                                      to
                                  to the
                        surplus       City s needs and authorizing the Mayor to execnte the attached Quit Claim
                        Deed to Jensen Land Development LLC a Utah limited
                                                                               liability company

Dl Roll call vote


Prepared by                                                             Reviewed      by I Concur with




David Clemence                                                          Thomas Steele
Real     Property Agent                                                 Assistant    City Manager


Reviewed      as   to   legal sufficiency                               Recommended          by




 oger F Cut        r
                    QI                       6rl
City Attorney                                                           City Manager



Attachmeuts
Resolution
Quit     Claim Deed
Exhibits




                                                                       2
                                     THE CITY OF WEST JORDAN UTAH


                                                  A    Municipal Corporation

                                            RESOLUTION NO                 Md16
A RESOLUTION DECLARING A PROPERTY SURPLUS AND AUTHORIZING THE MAYOR
  TO EXECUTE A           QmT CLAIM DEED TO                    JENSEN LAND DEVELOPMENT LLC A UTAH
                                         LIMITED LIABILITY COMPANY




          Whereas in 2002 the City received an interest in the following described property from Richard
H Jensen and    Craig Jensen for the purpose of improving Clay Hollow Wash and widening a section of
7800 South     Roadway

                  Those   portions  of the Southwest Quarter of Section 26 Township 2 South Range
                  2 West of the Salt Lake Base and Meridian        Salt Lake County State of Utah
                  more    particularly described as follows

                  Commencing        at the Southwest Comer of said Section 26 and                       running thence
                  North 89031 45          East    along     the south line of said Section 26 and            along the
                  centerline of 7800 South Street 777 044 feet thence North 00028 15 West
                  perpendicular to said section line 33 000 feet to a point on the north right of way
                  line of said 7800 South Street said point also being the POINT OF
                  BEGINNING thence North 00028 15                      West 30 000 feet thence North 89031 45
                  East 250 000 feet thence South 00028 15                   East 30 000 feet to        a
                                                                                                           point   on   said
                  north     right way line thence South 89031 45 West
                            of                                                          along       said north     right   of

                  way line 250 000 feet to the POINT OF BEGINNING


                  AND



                  Commencing      the Southwest Comer of said Section 26 and running thence
                                    at

                  North 89031 45   East along the south line of said Section 26 and
                                                                                    along the
                  centerline of 7800 South Street 777 044 feet thence North 00028 15    West
                  perpendicular to said section line 63 000 feet to the POINT OF BEGINNING
                  thence North 00028 15 West 80 000 feet thence North 89031 46 East 100 000
                  feet thence South 51048 40 East 128 063 feet thence South 89031 45 West
                  200 000 feet to the POINT OF BEGINNING


         The   foregoing affects   a
                                       portion    of Salt Lake    County   Sidwell No       20 26 300 001 and


         Whereas the     validity ofthe conveyance           documents to the    City         in             and
                                                                                        are
                                                                                                   dispute

         Whereas the     City   installed       box culvert in           Hollow Wash but has
                                            a
                                                                  Clay                                not widened 7800 South

nor   does it have any immediate       plans to   do   so   and


         Whereas the     City   claims an   existing and      future   prescriptive right   to maintain      Clay Hollow        Wash
and
                                                                                                                                 N O 11b
                                                                                                                                   l



          Whereas        the   City   Council has determined that    declaring      the above described property surplus
and    executing   the attached       Quit   Claim Deed to Jensen Land Development LLC           a Utah limited liability

company      is   an
                       appropriate     method of resolving the   dispute   and   retaining   the   City   s
                                                                                                              prescriptive rights
and


       Whereas the Mayor is authorized to execute the Quit Claim Deed pursuant                                    to     Utah Code

Annotated 10 3 1223 after City Attorney approval as to legal form


          NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
JORDAN UTAH THAT


          Section 1             The above described property is     hereby    declared surplus to the         City   s   needs


          Section 2             The    Mayor is authorized and directed to       execute     the attached      Quit      Claim Deed
 after it has been      approved       to legal form by the City Attorney
                                      as




          Section 3             This resolution shall take effect   immediately


Adopted by the City        Council of West Jordan Utah this         2nd day   ofOctobcr 2007


                                                                               CITY OF WEST JORDAN




ATTEST                                                                         By
                                                                                    Mayor David B         Newton




MELANIE BRIGGS
City   Rccorder




                                                                                                                           1


                       Voting by the City Council                                AYE                             NAY


                                Rob Bennett

                                Kathy Hilton
                                Melissa K Johnson
                                Mike Kellermeyer
                                Kim V Rolfe
                                Lyle C Summers
                                Mayor David B Newton
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO


Jensen Land Development LLC
c o   Robert Bowman
PO Box 238
Palo Alto CA 94302


Sidwell No             20 26 300 001 0000




                                                     QUIT        CLAIM DEED
                                                                   AND
                                                                 NOTICE


           THIS       QUIT     CLAIM DEED AND NOTICE is made this                                        day   of October 2007
     the                                                                                        subdivision of the State of Utah
by         City ofWest         Jordan    a   municipal corporation            and   political
 the     Grantor


                                                            RECITALS


                       A         A   Quit    Claim Deed         signed by     Richard H Jensen was recorded on            April
12 2002 as           Entry No    8204315 in Book 8587 at               Page    1674 with the Salt Lake        County
Recorder            Office which purported to                   claim title to certain real property
                s
                                                         quit                                                more   particularly
described       on    Exhibit A attached hereto to Grantor the                      Subject Property

                       B         A   Quit    Claim Deed         signed by Craig       Jensen Trustee        was   recorded    on


April     12 2002       as   Entry   No 8204317 in Book 8587 at Page 1676 with the Salt Lake               County
Recorder        s   Office which      purported     to   quit   claim title to the  Subject Property to Grantor The
Quit     Claim Deed          signed by   Richard H Jensen and the              Quit Claim Deed signed by Craig Jensen
Trustee        are   referred to herein      as   the 2002      Quit   Claim Deeds


                       C         A Grant ofEasement              signed by     Richard H Jensen was recorded            on
                                                                                                                              April
12 2002 as          Entry    No 8204316 in Book 8587 at                Page    1675 with the Salt Lake       County
Recorder        s   Office which purported to grant an easement to Grantor upon over under and across
certain real property       more particularly described on Exhibit B attached hereto the Easement

Property

                       D         A Grant ofEasement              signed by Craig Jensen           Trustee   was    recorded    on

April     12 2002       asEntry No 8204318 in Book 8587 at Page 1677 with the Salt Lake County
Recorder        s   Office which purported to grant an easement to Grantor upon over under and
           the Easement
across                       Property The Grant of Easement signed by Richard H Jensen and the                                 Grant
ofEasement           signed by Craig Jensen Trustee are referred to herein as the 2002 Grants of
Easement


                       E         On the date that the 2002               Claim Deeds and the 2002 Grants of
                                                                       Quit
Easement                recorded each ofthe
                were                                 Subject      Property and the Easement Property was owned                     by



Jensen   OCD
 Craig Jensen Richard Jensen and Carol Bowman Trustees                              ofthe Elmer Jensen      Family    Trust
 dated as of July 18 1993 the Trustees


                     F           By Special Warranty Deed             recorded      August   9 2006   as   Entry No    9805941
in Book 9333 at page 1944 the Trustees conveyed title to the Subject Property and the Easement

Property to Jensen Land Development LLC a Utah limited liability company the Owner

                     G           The Owner claims that the 2002              Quit Claim      Deeds   were not     effective to
 convey to Grantor title to the          Subject Property        and that the 2002 Grants of Easements               were not

 effective to convey to Grantor            a   valid easement in the Easement            Property

                     H           Grantor has made           determination                      the effectiveness ofthe       Quit
                                                       no                          regarding
Claim Deeds and Grants ofEasement                     Nonetheless Grantor claims that                             ofthe
                                                                                                     regardless
effectiveness ofthe 2002            Quit   Claim Deeds and 2002 Grants ofEasement                     Grantor has

prescriptive rights                  and may have prescriptive rights for other uses of the
                           for its current     uses

Subject Property and Easement Property The Owner has not agreed that Grantor has any such
rights Therefore in order to avoid any dispute at this time Grantor desires to quitclaim to the
Owner Grantor         sinterest in the Subject Property and the Easement Property as granted by the
2002      Quit   Claim Deeds and the 2002 Grants ofEasements excepting and reserving unto Grantor

any and all      prescriptive rights it        may have

                     I           Grantor also desires to     provide        notice that the recordation ofthis        Quit
Claim Deed and Notice is not intended to affect Grantor                        s
                                                                                   prescriptive rights in   and to the

Subject Property          and Easement     Property     if any


           NOW THEREFORE


           I     Grantor   hereby quitclaims       to the Owner the         Subject Property and        the Easement
Property

          Notwithstanding the execution ofthis Quit Claim Deed and Notice the Grantor does
           2
not abandon any of itsprescriptive rights it may have in and to any waterways and rights of way
and any appurtenances connected thereto including without limitation the
                                                                            right to enter onto
the Owner s contiguous land where reasonably              to maintain and improve such
                                                necessary
waterways and rights of way and any and all of such rights if any shall hereafter remain in full
force and effect



           This   Quit    Claim Deed and Notice was duly executed at West                               Utah this                of
                                                                                               Jordan                     day
October 2007
                                                            The      City   ofWest Jordan


                                                            By
                                                            Its Mayor
           Approved       as   to form




          1PJ7 est Jord   n
                               City Attorney

                                                                 2
Jensen   QeD
STATE OF UTAH
                                    ss

COUNTY OF SALT LAKE


           On the        day   of                                    2007    personally appeared   before   me



                                                                            the   Mayor ofthe City of West

Jordan who      duly acknowledged to     me   that   s   he executed the   foregoing instrument in   such


capacity




                                                     NOTARY PUBLIC

                                                     Residing at

My Commission Expires




                                                          3
Jensen   QCD
                                                                                                                Exhibit A




                                        Legal Description    of Subject      Property



That certain real property located Section 26 Township 2 South Range 2 West ofthe Salt Lake
Base and Meridian in Salt Lake County Utah more particularly described as follows

Commencing at the Southwest Comer of said                    Section 26 and       running     thence North 89031 45
East along the south line of said Section 26                 and     along   the centerline of 7800 South Street
777 044 feet thence North 00028 15                West   perpendicular       to said section line 33 000 feet to a

point on       the north   right   of way line of said 7800 South Street said             point also being the     POINT
OF BEGINNING                thence North 00028 15        West 30 000 feet            thence North 89031 45            East
250 000 feet       thence South 00028 15         East 30 000 feet to                      said north           of way line
                                                                         a
                                                                             point   on
                                                                                                       right
thence South 89031 45 West              along   said north   right   of way line 250 000 feet to the POINT OF
BEGINNING


Contains 7 500       Square    Feet




Sidwell No         20 26 300 001 0000




                                                             4
Jensen   QeD
                                                                                                     Exhibit B




                                     Legal Description      ofEasement    Property

That certain real property located Section 26 Township 2 South Range 2 West of the Salt Lake
Base and Meridian in Salt Lake County Utah more particularly described as follows




Commencing at the Southwest Comer of said Section 26 and running thence North 89031 45
East along the south line of said Section 26 and along the centerline of 7800 South Street
777 044 feet thence North 00028 15 West
                                          perpendicular to said section line 63 000 feet to the
POINT OF BEGINNING thence North 00028 15                           West 80 000 feet   thence North 89031 46
East 100 000 feet       thence South 51048 40              East 128 063 feet    thence South 89031 45    West
200 000 feet to the POINT OF BEGINNING


Contains 12 000 square feet


The      foregoing affects   a
                                 portion   of Salt Lake   County   Sidwell No   20 26 300 001 0000




Jensen   QeD
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