On July 9th, 2015 the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints and Beesmark entered into an legally binding contractual agreement and signed a document know as a Special Warranty Deed. The Special Warranty Deed outlines what the two parties agreed to when the Thanksgiving Point Driving Range was carved out of the Thanksgiving Point golf course and given to (donated) the LDS Church. The special warranty deed contractually obligated the LDS Church to build a Family Search and Discovery Center at least 6000 square feet. The language is clear. However,, the LDS Church originally proposed building 2 x 120,000 square feet office buildings on the property and then revised their plans to build only 1 x 120,000 square foot office buildings and a LDS Stake Center on the property, both in my opinion in violation of the Special Warranty Deed signed by LDS Church.
See what you think and feel free to comment at the end of this blog post.
I have included language from the special warranty deed.
A link to the original building plans proposed by the LDS Church.
A link to the current building plan proposed by the LDS Church.
A link to the Family Search Plat, a single lot subdivision created by the LDS Church by carving out the Thanksgiving Point Driving Range from the golf course.
A link to the Family Search Plat image.
Please help me identify anywhere in the Family Search Plat or Special Warranty Deed where the LDS Church is allowed to build an LDS Stake Center or 120,000 square foot office building.
This is a classic example of where the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints believe it is OK to break a contractual commitment they made and expect everyone to look the other way while they pursue their selfish interest. As you will see below, the LDS Church as contractually committed one thing and has proposed to the City of Lehi something entirely different.
I don't believe the LDS Church is above the law and I don't think Beesmark LLC (David Harkness and Alan Ashton) and the City of Lehi should be covering for them. The law is the law. I may be all wet in my assessment, if so, can someone please comment below.
(I am an LDS Church member and believe our Church needs to stand by any/all contractual commitments they make)
If you can't trust the Church of Jesus Christ of Latter-day Saints to honor their contractual commitments, can you trust and believe anything they say or stand for?
Here is the actual language from the Special Warranty Deed signed by the LDS Church and Beesmark, LLC.
Affecting Tax Parcel No: 58:006:0223
ENTRY Number 61212:2015
Page 1 Key page, gives description of what can be built on the property and where it can be built.
Jeffery Smith
Utah County Recorder
Deed was recorded on July 9, 2015 at 4:09 pm
PH FEE $14.00 BY SW
RECORDED FOR First American Title Insurance
ELECTRONICALLY RECORDED
SPECIAL WARRANTY DEED
In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, THANKSGIVING POINT DEVELOPMENT COMPANY, L.c., a Utah limited
liability company ("Grantor"), hereby conveys and warrants against only those claiming by,
through or under it (and no others), to the CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole,
whose address is 50 East North Temple, Salt Lake City, Utah 84150, Attn: Director, Special
Projects ("Grantee"), all right, title and interest in and to the real property located in Utah
County, Utah, and described as follows (the "Property"):
See Exhibit A attached hereto and incorporated herein by this reference; (page 3)
TOGETHER with all mineral rights, easements, and any other rights and hereditaments
appurtenant thereto and all improvements located thereon, but not including any water rights of
Grantor appurtenant to or relating to the Property; and SUBJECT TO current taxes and assessments and to the reservations, easements, covenants, conditions, restrictions, and other rights or interests of record or enforceable at law or equity.
Grantee covenants and warrants to Grantor that until the earlier of twenty (20) years from
the date this Special Warranty Deed is recorded or until Grantee transfers the Property to an
unrelated third party, Grantee (LDS Church) will maintain a family search and discovery center in the building located closest to the southern border of the Property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the Property to service such center. The purpose and intent of the foregoing covenant is to ensure that Grantee will operate the Property in a manner mutually beneficial to Grantor and Grantee. In the event of any breach of the foregoing covenant of Grantee and after thirty (30) days' notice from Grantor to Grantee, Grantor may institute legal proceedings provided under applicable law and shall be entitled to receive, in addition to any other remedies provided under applicable law, all attorneys' fees and costs incurred by Grantor in the maintenance of such proceedings. Any forbearance on the part of the Grantor to exercise its rights in the event of a breach of the covenant described above shall not be deemed or construed to be a waiver of its rights hereunder in the event of any subsequent failure of Grantee to comply.
End of page 1
Page 2 Signature page with notary signature
IN WITNESS WHEREOF,
Grantor has executed this Special Warranty Deed this day of July, 2015.
STATE OF UTAH COUNTY OF
THANKSGIVING POINT DEVELOPMENT
COMPANY, L.C., a Utah limited liability company
By: Beesmark Investments L.C., its manager
By:
Name: David Harkness Its: Manager
ss:
Acknowledged before me this 2, day of July, 2015, by David Harkness, the Manager of Beesmark Investments, L.C., a Utah limited liability company.
Notary u IC
Nota Public
TONIPOSTER I
' Commissim%57216
My Expkes
August 4, 2016 State of Utah
ENT61212:2015
End of page 2
Page 3
Exhibit A Legal description of Real Property
ALL OF LOT 1, PLAT A, FAMILY SEARCH SUBDIVISION, ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE UTAH COUNTY RECORDER.
End of page 3
Commentary: That is it, the entire Special Warranty Deed, 3 pages, deed, signature page and legal description of the property. There is no mention of a Stake Center or 120,000 commercial office building. A Stake Center cannot be built on the southern border.
Here is a link to the Family Search plat, lot 1 described above.
Click here Family Search Plat, Lot 1
or cut and paste this link.
http://www.utahcounty.gov/LandRecords/DevelopmentDetailMap.asp?avid=39700&avmap=14674&avbkpg=39240
Recorded image of the Family Search plat, lot 1
Click here Family Search Plat image
or cut and paste this link
http://161.119.38.203/mapfilings/document.aspx?MAP_NO=14674
Here is what the Corporation plans to build as presented by VCBO Architects on December 10, 2015
Click here Corporation plans to build a Stake Center on the southern border
or cut and paste the link below
http://sirepub.lehi-ut.gov/sirepub/cache/2/bvdu3lmwdlp4scukygxurmcx/73748901032016084047118.PDF
Commentary: You will notice in the Family Search plat documents and recorded image that there is no mention of a Stake Center or 120,000 sq ft commercial office building
You will notice in the link titled Corporation plans to build....., it shows a Stake Center on the southern border and 120000 sq ft office building on the northern border.
It is the responsibility of Beesmark LLC or Thanksgiving Point Development Company (David Harkness) to give notice and reminder to the Corporation to HONOR their contractual commitment to build at least a 6000 square foot family search and discovery center on the southern border. It is his right and fiduciary duty to protect to his organization and the citizens of Lehi. To do otherwise would be a miscarriage of justice.
What is the Corporation, City and Thanksgiving Point going to do, the world is watching.
Note: I am not an attorney. I am not party to the contract between these two parties and do not have standing. I may be completely wrong in my assessment of the situation. I have reached out to the Corporation, Beesmark and the City for clarification. Beesmark would not take my call, the City, it appears to me could care less and the Corporation, well they aren't going to do anything. I have asked them to honor their commitment exactly as it is written in the special warranty deed, let's see if they do.
I have not seen the purchase and sale agreement between the two parties.
The two parties in the purchase and sale agreement may have included diagrams showing the building of a 120000 square foot office building and a Stake Center on the southern border.
However I don't think so.
Take a look at the Corporations original plan presented to the Lehi Planning Commission on July 9th. It included 2 x 120,000 sq ft office buildings and parking for over 750 cars.
Click here Original proposal put forth by the Corporation
or cut and paste the link below
http://sirepub.lehi-ut.gov/sirepub/cache/2/g4zo3bt4mh5osywxvzpml2pi/69695701032016090349663.PDF
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