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Home My Public Portal AboutBierschied Easement CGM (1).docxDEED OF EASEMENT AND AGREEMENT This Deed of Easement and Agreement (the Easement) is entered into as of the June 13, 2017 set forth below by and between: David Bierschied 301 South 400 East Moab, Utah 84532 (Grantor), and City of Moab 217 East Center Street Moab, Utah 84532 (Distributor). In in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) and other good and valuable consideration, the receipt of which is acknowledged, the Grantor hereby grants and conveys to the Distributor, its successors and assigns, a utility easement as set forth below. 1. Purpose. The Easement shall allow the Distributor the sole, exclusive, and permanent right to enter, re-enter, occupy and use the described property to construct, maintain, repair, replace, remove, enlarge and operate one or more water pipelines and all underground and surface appurtenances thereto, including electric or other related control systems, underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the following: mains and conduits, valves, vaults, manholes, control systems, ventilators, and the like, in, though, over and across the following described parcel of land in the County of Grand and State of Utah: A 30-foot wide water line easement being 10 feet northeast and 20 feet southwest of an existing water line being more particularly described as: Beginning at a point South 00° 24'05" West 1241.2 feet along the section line and South 00° 08'07" West 28.00 feet from the West Quarter corner of Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence South 18° 20'31" East 109.84 feet, thence North 86° 45'53" west 32.26 feet, thence North 18° 20'31" West 8.20 feet, thence North 00° 08'07" East 94.66 feet to the point of beginning. 2. Access. It is mutually agreed that the Distributor shall have and exercise the right of ingress and egress in, to, over, through and across the Easement for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein. The Distributor shall have the right to construct and maintain an all-weather roadway of varying width, as needed in the opinion of the Distributor, along the length of the Easement. Both parties agree that the purpose of this roadway is to allow the Distributor vehicular access. The Easement area shall kept free of obstacles throughout its length. Due to variations in topography, the Easement and the pipe may take on an uphill or downhill direction having a slope of greater than 4%; however, sloping within the Easement across its width may not exceed 4% to insure stability of maintenance equipment and vehicles. A slope across the width of the Easement greater than 4% may be allowed upon prior written agreement of the Distributor. 3. No Encroaching Improvements by Grantor; Removal. The Grantor shall not construct or place any structure or building, fence, retaining wall, street light, power pole, yard light, mail box, sign, trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described Easement. Any encroaching improvement of any kind situated on the Easement as of the date of this Agreement, or at any later time, may be removed by the Distributor without compensation to any other person. 4. Environmental Matters. The Grantor, for itself, its successors and assigns, shall provide to the Distributor any information within its possession about past and currently existing Environmental Contamination in the Easement. Such information shall include but not be limited to environmental studies, reports, samples, agreements, liens, letters and any remediation work that has been done or is ongoing to clean the area or is planned to occur. If contaminated soils exist in the Easement upon the effective date of this conveyance for which the Grantor or its successors or assigns are responsible under applicable state or federal laws, the Grantor, at Grantor's sole expense, shall take Corrective Action to remediate all such contamination to the full width of the Easement area in accordance with all compliance orders, approved clean-up plans, or other directives of State of Utah or federal environmental agencies. 5. Environmental Indemnity. The Grantor, for itself, its successors, and assigns, shall indemnify the Distributor against any liability, damages, costs, expenses, causes of action, claims, losses, settlements, fines and penalties, and reasonable attorneys' fees claimed against the Distributor relating to the existence, mitigation, or remediation of Environmental Contamination in the Easement. As used in this Easement, "Environmental Contamination" means the presence within the Easement area of any hazardous material, including but not limited to, solid wastes, any substances defined as or included in the definition of hazardous substance, hazardous material, or toxic substances under applicable State of Utah or federal environmental laws or regulations. 6. Construction Standards. The water pipeline and all appurtenances shall be installed in a workmanlike manner in accordance with then current Distributor engineering standards. All such improvements shall be maintained by the Distributor. 7. Existing Fencing. Fencing existing at the time of execution of this Easement which is disturbed or destroyed by the Distributor or its agents in constructing its facilities shall be replaced by the Distributor to its original condition as nearly as practicable; however, the Grantor shall not construct new fencing across or within the Easement. 8. Obligation of Support. The Distributor shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights hereinabove described. It is specifically agreed between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or subjacent support for any water pipeline or lines and appurtenances within the easement. Grantor shall assure that no less than four and one-half feet and no more than ten feet of earth cover, measured vertically from the top of any pipeline or lines remains in place. Deviation from this requirement will be permitted only upon specific prior, written permission from the Distributor. If any earth moving activities undertaken by the Grantor require alterations to any pipeline facility, such alteration shall require advance written approval of the Distributor and all such work shall be performed at the Grantor's expense. 9. Restoration of Surface. After construction of any water pipeline or lines, the general surface of the ground, except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as is reasonable, to the grade and condition existing immediately prior to construction. Topsoil shall be replaced in cultivated areas, and any excess earth resulting from installations by the Distributor shall be removed from the Easement at the sole expense of the Distributor. The Distributor agrees that for a period of one year following construction which involves disturbance of the surface of the ground, the Distributor will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the Distributor. 10. Grantor Use Retained, Subject to Rights of Distributor. The Grantor retains the right to the undisturbed use and occupancy of the Easement, except that any such occupancy and use must be consistent with and not impair the rights provided to Distributor under this Easement. 11. Abandonment. This Easement shall only be deemed abandoned upon lawful execution and recording of a written grant by Distributor conveying and abandoning this Easement. 12. Warranty of Title and Authority. The Grantor warrants that he has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Distributor in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Easement. 13. Binding in Perpetuity. This Easement shall bind the subject property in perpetuity, and every one of the benefits and burdens of this Easement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 14. Sole Agreement; Modifications. This Easement constitutes the sole and complete agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Easement shall be binding unless it shall be duly executed by both parties. 15. Governing Law and Venue. This Easement is governed by Utah law; the sole venue for any dispute arising from this Easement shall be the courts of Grand County, Utah. 16. Remedies. In the event of any breach of the provisions of this Easement, the non -breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Easement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. This Easement is binding and effective as of the date(s) of execution by the parties, below. -Remainder of Page Intentionally Left Blank- Bierschied/City of Moab Utility Easement Signature Page Grantor: David Bierschied STATE OF UTAH COUNTY OF GRAND The foregoing Easement was acknowledged and executed before me by David Bierschied this day of , 2017. Witness my hand and official seal. Distributor: By: David L. Sakrison, Mayor of the City of Moab Attest: Notary Public, State of Utah Address: Rachel Stenta, Recorder Date -4-