HomeMy Public PortalAboutTejada Utility Easement 2017When Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
Ent 527238 bk 861 Pg 618
Date: 14- DEC-CO1 7 11: 31 : 06Ati
Fee: NoneFiled Ry: GY,W
JOHN ALAN CORTE'S Recorder
GRAND COUNTY CORPORATION
For: I'IOAD CITY
UTILITY EASEMENT AND AGREEMENT
THIS UTILITY EASEMENT AND AGREEMENT (Easement) is made and entered into
as of the date(s) set north below by and between JOSE TEJADA, the owner of record, (Grantor).
and the City of Moab, a municipal corporation (Grantee), In consideration of the mutual
promises and obligations contained herein, the receipt of which is hereby acknowledged. Grantor
and Grantee agree as follows:
1. Grant of Easement. Grantor hereby LTrants to Grantee, its .successors and assigns, a
permanent easement in the N€:'/4 of the SE'./4 of Section 35, T 25 S. R 21 E SLB&.M. Grand
County', Utah as follows:
Beginning at a point 137 feet North of the NE Corner, SE'/a SE'/a of Section 35, T 25 S, R 21 E,
SLB&M; and running thence West 55.64 feet, thence North 20.00 feet, thence East 55.64 feet.
thence South 20.00 feet to the point of beginning.
2. Purpose. The Easement is granted for the purpose of establishing, installitti�, constructing
maintaining, enlarging, and repairing a wastewater pump and associated sewer lines, along with
associated surface structures including manholes, control boxes, cables, and such other surface
and sub -surface appurtenances as may be deemed necessary for the intended use. Grantee shall
have reasonable access to the Easement as necessary to carry out the purposes of this Easement.
Grantee shall he solely responsible for the maintenance of any improvements, structures, or
equipment it constructs within the Easement.
3. Noel -exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall
have the right to use the Easement in a manner that does not impair or harm the grant or use by
Grantee. Grantor shall not construct any buildings, structures, or other permanent improvements
within the Easement, and any such improvements or encroachments may he subject to removal
without compensation.
4. Restoration. Upon completion of any repair or maintenance work contemplated by this
Easement, Grantee agrees to promptly restore the surface to a condition equal or superior to that
existing prior to any disturbance.
5. Abandonment. This Easement shall only be deemed abandoned upon lawful execution
and recording of a written grant by Grantee conveying and abandoning this Easement. If the
equipment or improvements within the easement are no longer needed the parties shall confer
about the release of this Easement.
1
6. 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 Grantee in
the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this
Easement.
7. Binding in Perpetuity. This Easement is irrevocable and shall hind the subject property
in perpetuity, and all of the benefits and hardens of this Easement shall inure to and he binding
upon the respective legal representatives, heirs, executors, administrators, successors and assigns
of the parties.
S. 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 he 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 is in writing and duly
executed by both parties.
9. 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.
10. Remedies. In the event of any hreach 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.
S 'ATE OF UTAH
SS.
COUNTY OF GRAND
The foregoing Easement was acknowledged and executed before me by Jose Tejada this
k3 day of ri-C.L-1_1MkiCv- , 2017. Witness my hand and official seal. My
commission expires: gf 39 / La
2
V J)
Notary Public, 9t f Utah
Address: Atv-\ 1 61,11L OA)(AL�
Ent 527238 Rk. 0861 Pg 0619
Tejacla/City of Moab Utility Easement
Signature Page, Contd.
David L. Sakrison, Mayor of the City of Moats
Attest:
l�- 7
Rachel Sterna, Recorder - Date
-End of Document -
Ent 527238 Bk 0861 Pg 0620
3
0 10 Tgo bd .1994:46 9E2L2S 4u3
MEM
1 inch = 20 feet
Feet
500 W Lift Station Easements
Tejada Property
roposed 20' City Srwe,fr&
Powei I asoment
East 55.64'
NE Corner
SE 1/4 SE 1/1 of S action 35
T 25 S, R 21 BM