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Show PAGE FIVE THE DAILY RECORD WEDNESDAY. JANUARY 21. 1970 FINANCING STATEMENTS Jessie to L 765 3rd Huffstetler, Fin; Am A hh eds ve, slo sle Robert G Hamberlin, 1452 S 3rd E, to Oourtesy Ind Or; hh Rds Frank Leonard 6583 S Nationwide Fin; hh gds slo to 2000 E, Chas Spain shower, 1520 W 7543 S, Jordan to Nationwide Fin; hh gds W S State, Paul Pieroe, Nationwide Fin; hh gds W Jordar. to r ationvdde Hillsdale Boweter, to Nationwide Fin; hh gds sle 5091 Woodmont Dr Nationwide Fin; hh gds to Bert Grlego W Granger Dale R Thomson Severson 356 Bel view, Hurray Arley to Nationwide Fin; hh gds H Stanley Phillips, 1722 Wright sle to Nationwide Fin; hh gds C D Ct, Stilwell, Lark Dr hh gs 3280 Meadow Granger to Pacific Fin; Donald Evans, 3686 H Pacific Fin; Donnie S 4310 W, vacuum Garcia to Pacific Fin; TV sic Louis L Fisher, 8859 W Helen Dr to Nat Fin; fuzn appl Magna J Wells 1963 Rockey Pacific Fin; hh gds Brenda sle sic to Rd Plett, D 3123 S 2910 W Granger LaMar R Be van, 3010 S 7625 W, Darwin Lee Gilbert, 5099 Kearns to Kt Fin; Stereo W 5360 S & radio Joseph L Bentley, 11 96 S 30 to 1st Surety Fin; hh gds Magna sic E Loren DeMar Holdaway 622 N 1st Sandy to 1st Surety Fin; hh gds W, W, slo to Ellen M Mahoney, 2647 Jasper St, sle to 1st Surety Fin; hh gds Carol O'Briant, A 1732 Steven Sutton, 4973 oons gds S MFT; S 3rd E, sic to State, sic to David Boggess, 36 W Washington Ave Murray to MFT; oons gds H J Luna, 376 Ehery St, slo to oons gds L Graham, 208 E 17 00 S, sle to MFT; Wm Freezer Riverton W, Eugene sle to 2427 Redwood Rd, H D Taylor 3724 La Maur St to Valley Bk; Snowmobiles Granite Fum; carpet Robert G Gibb 3685 Granger Dr Granger to Nationwide Fin; hh gds Wm Lyman Albert Short, 4177 S 2835 1st Surety Fin; hh gds hurray to Edison Nationwide Fin; hh gds ?1 slo S, to Nat Fin; fum appl S Dr 3238 Wm Fin; to Nat Fin; fum appl sic 1100 Fir.; hh gds 9000 Thompson E 4230 hh gds to Nat Fin; furn appl sle Robert F Wiley, 2??0 E 7375 S, to Nationwide Fin; hh gds' Wehrll, 1425 R Ben Robert Doral D Good sell, 3083 E 7070 S to Nationwide Fin; hhgds Rerschell Lee to Leona Mach in, 11975 S 1300 sle to 4026 C Donald sle to Arlene F Hurst 10th E, Oourtesy Ind Cr; hh gds 2747 S Milton Van Tassell, 845 E 12500 S, Draper to Nat Fin; fum appl Flar Kitchens 358 Rio Grande sic to Evans Div Royal Ind; equip Lady AveJ Burris 3530 Macintosh In sle to Lockhart; hh gds Camper Angelus Village; Dairy Calvin G Webb 14747 Riverton to Fbrd Mtr Cr; Equip Maxwell E Wallace, 4095 W 56I5 S Kearns to Town Ind Fin; hh gds Chss Magna Scott Richards, 7641 to Lockhart; hh gds W 2820 T Bissell, W sic to Kent Johanson, 736 S, Sandy Hobby & Marine; Snowmobile to Skip's Western Financial Shares John A Dahlstrom, 520 Kearns Bldg, sic to Hobby; Snowmobile s Norman C Hamer, 1555 to Cont Thrift E FVank F Martinez 448 Ben Fin; hh gds Robert sic to trlr f 7355 S, sic Cottonwood-Murr- 5899 S Kearns Tittle Ct, sic Bower , 341 E Lamboume Ave Ben Fin; hh gds Q State, S E Murray sle to Hearing Center, ay accts rec to Valley Murray Bk; Ernest B Tisdale 1155 Illinois Ave slo to IAnooln Accept; hh gds Anita's Foods, 3575 3k of SL; accts rec S 4000 W slo to Louis Naisbitt II 2548 Douglas St, slo to Seaboard Fin; cons gds Dm to Chris W Young 4401 W 5100 to Valley Bk; Stereo equip to Burket, 53 Herbert Ind Fin; hh gds Town E 8425 Skip's Johansen, 6053 S 900 Ind Fin; hh gds John E 2119 Sahara Dr, Bk; Snowmobile Tracy-Colli- ns Town S Gary Brlnhall , 1440 Irorwood Ave, sle to KFT; cons gds Wm Bryan T Karcelis , MFT; 336O cons gds Donald E Ewell Gan Cr; hh gds James sic to H Lee Ann Dr, 133 E Gregson Wilkes H, 3215 Kenwood Cr; hh gds tools gun Gen Jane E Lee, 3420 Cr; hh gds S Appellant contends that since no building was constructed, the architect's lien could not attach to its interest in the land. Section 38-1-- 3, C.A. , 1953, provides: U. Contractors, subcontractors and all persons performing labor upon, or furnishing materials to be used in, the construction or alteration of, or addition to, or repair of, any building, structure or improvement upon land; all foundry men and boilermakers; all persons per forming labor or furnishing materials for the construction, repairing or carrying on of any mill, manufactory or hoisting works; all persons who shall do work or furnish materials for the prospecting, development, preservation or working of any mining claim, mine, quarry, oil or gas well, or deposit; and licensed architects and engineers and artisans, who have furnished designs, plats, plans, maps, specifications, drawings, estimates of cost, surveys or superintendence, or who have rendered other like professional service, or bestowed labor, shall have a lien upon the property upon or concerning which they have rendered service, performed labor or furnished materials, for the value of the service rendered, labor performed or materials furnished by each respectively, whether at the instance of the owner or of any other person acting by his authority as agent, contractor, or otherwise. . . . (Emphasis added to relevant provisions.) 3, The trial court properly construed Section U.C.A., 1953, insofar as it held that an architect may file a lien upon the property concerning which he has rendered professional service, although his plans may not be brought to fruition by erection of a building. However, the judgment of the district court may not be sustained, since under the facts and circumstances there is no basis to conclude that Zions Securities Corporation impliedly authorized its lessee, Artcol, to engage an architect so as to bind the lessor's interest in respect to the services rendered. 38-1-- 3570 E Gen In Stanton Transportation Company v. Davis, this court observed: The statute under which plaintiffs claim these liens is unique, and we are not aware of any precedent to look to for guidance in the problem here presented. . . . In the Stanton case, this court examined the history and background U. C. A. , 1953, Prior to the compilation of the Utah 3, of Section statutes in 1933, the liens provided in this section were in four separate sections. The Code Commission in consolidating the statutes for that compilation fused all of those sections into one. The former section relating to architects and engineers provided: 38-1-- Ronald E to 38-1-- Camper Stevenson 5948 S Starlite Virgil Murray to 1st Sc Bk; Camper C Webb Bros S 1700 W At the conclusion of the trial, the court made findings of fact and concluded as a matter of law that the interest of Zions became lienable U. C.A. , 1953, by reason of its conduct during under Section 3, the time the architectural services were periormed; work was commenced within the meaning of the statute by the clearing of the ground and the digging of soil test holes; and the lien attached and was not defeated by later abandonment of the work. The court rendered a judgment of foreclosure of respondent's lien. Architects, engineers, and artisans who have furnished designs, plats, plans, maps, specifications, drawings, estimates of costs, surveys, or superintendence, or who have rendered other like professional service or bestowed labor in whole or in part, describing, illustrating, or superintending such structure of work done or to be done. or in any part connected therewith, shall have a lien upon the property upon which they have rendered service, or performed labor, or furnished materials, for the value of such service rendered, labor done, or materials furnished, 3722 C. L. U. , .... 1917. sic This court stated: sic to Under the above statute the emphasized language related to those who "bestowed labor, and was purposely broad in order to give a lien for the drawing of plats, plans, maps or specifications which is not done directly upon the property. In the consolidation with other sections the cumbersome emphasized language was deleted and the more general term "or concerned" was inserted as a shorter substitute. . . . St, sic to 11 . . . From the history and purpose of the statute it In The Supreme Court Of The State Of Utah Zions First National Bank, Plaintiff, v. Harold A. Carlson and M. E. Harris, Jr., Defendants. M. E. Harris, Third-Part- Jr., y N- - 1136 FILED January 19. 1970 Plaintiff and Respondent, v. Zions Securities Corporation, a Utah corporation, and L Cummings, Clerk Artcol Corporation, Defendants and Appellant. Third-Part- y CALLLSTER. Justice: The appellant, Zions Securities Corporation, the owner in fee of certain land, executed a ground lease, as landlord, with Artcol Corpora tion, as tenant, for a term of 85 years. The respondent, an architect, was engaged by Artcol to draw plans and specifications and render other apartment building. architectural services for a proposed high-ris- e no building was constructed. The Artcol went defunct and consequently unpaid architect filed a mechanic's lien and sued to foreclose the interests of both the lessor, Zions, and lessee, Artcol. appears that the words "upon or concerning which" were simply intended to be generally of the manner in which certain work and services are performed. For example, work done by contractors or laborers upon an oil well or building is done upon the property, whereas, the services of architects and engineers is work which may be regarded as done "with respect to" or "concerning" the property. Under this unique statutory enactment, an architect is entitled to a "lien upon the property upon or concerning which" he has rendered his professional services. As was observed in 1966 Utah Law Review, 181, 188, "Architects and surveys are specifically entitled to mechanics' liens under the Utah statute. Their liens create a priority problem, however, since their services are usually performed before the 'visible to the eye' commencement of construction. ..." In the instant action, there was no priority problem involved. However, if there were, the problem would be to resolve the priorities and not to reconstruct the specific language of Section 3, so as to deprive an architect, who has rendered services concerning a specific res, of his lien. This interpretation is reinforced by the language of the prior statute which granted an architect a lien for "describing, illustrating. . . such structure of work. . . to be done, or in any part connected therewith, The Stanton case clearly established that no was to there intention change the unique nature of the lien granted to architects, and the Code Commission merely substituted some of the cumbersome language with more general terms. 38-1-- ..." The critical issue of the instant action is whether Zions impliedly authorized the architectural services and thus impliedly granted its lessee authority to bind its fee interest. The trial court found as a |