BIC and EMBC agreed to each sell their undivided fifty percent interest in Parcel 2, Parcel 3, and the W 1/2 of Parcel 4 to The Boyer Company (“Boyer”) which was also acquiring Parcel 1 for the development of the Emigration Oaks Planned Unit Development, managed by the Pioneer Fork Road Owners Association (known today as the Emigration Oaks Property Owners Association, referred to herein as the “Association”). A portion of Pioneer Fork Road was recorded as a private street on Emigration Oaks PUD 1A (source|image), approved by the Salt Lake County Commission on April 24, 1985. A Declaration of Easements between BIC, EMBC, Boyer, and the Association for access across Private Parcels 1, 2, 3, 4, 5, and 6 was executed on July 5, 1985.[1]
Private Parcels 2, 3, 4, 5, and 6 were obtained by Boyer from Crossland Savings on March 15, 1988 in a Special Warranty Deed[2] after a default by BIC.[3]
A portion of Pioneer Fork Road was recorded as a private street on Emigration Oaks PUD 2A (source|image) and PUD 3 (source|image), approved by the Salt Lake County Commission on October 29, 1990 and September 2, 1992 respectively. The portion of Pioneer Fork Road designated in Emigration Oaks Phase 1A PUD and 2A PUD was transferred from Boyer to the Association on August 8, 1991[4] and Phase 3 PUD on February 22, 1994.[5] Emigration Estates Road was recorded as a private street in The Estates at Emigration Oaks, Emigration Oaks Phase 4 PUD (source|image), approved by the Salt Lake County Commission on January 24, 1994 and transferred from Boyer to the Association on January 1, 1996.[6] Twin Creek Circle was recorded as a private street in The Estates at Emigration Oaks, Emigration Oaks Phase 4A PUD (source|image), approved by the Salt Lake County Commission on March 29, 2000 and transferred from Boyer and City Development Inc. to the Association on July 7, 2000.[7]
[1] Entry 4108682 in Book 5670, Page 658 recorded July 10, 1985. (image)
[2] Entry 4597836 in Book 6011, Page 2095 recorded March 16, 1988. (image)
[3] Crossland Savings FSB merged with Western Savings and Loan which held the Trust Deed, Security Agreement, Financing Statement and Assignments of Rents with BIC dated April 15, 1985 and recorded April 17, 1985 as Entry 4074969 in Book 5646, Page 1785 (image) and sold after default through a Trustee’s Deed dated April 15, 1985 and recorded November 7, 1986 as Entry 4346374 in Book 5838, Page 490 (image).
[4] Quit Claim Deed recorded August 9 ,1991 as Entry 5109548 in Book 6344, Page 2232. (image)
[5] Quit Claim Deed recorded February 24, 1994 as Entry 5747028 in Book 6878, Page 2670. (image)
[6] Quit Claim Deed recorded January 18, 1996 as Entry 6259430 in Book 7311, Page 1821. (image)
[7] Quit Claim Deed recorded July 13, 2000 as Entry 7678173 in Book 8374, Page 6124. (image)