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Home My Public Portal AboutVaughan Utility Easement 2017When Recorded Mail to: City of Moab 17 East Center Street Moab, UT 84532 Ent 527237 Hk 861 Pg 613 - Date: 14-DEC-2017 11: 2'3: 35All Fee: NoneFiled By: GKW JUNN ALAN CORTES, Recorder GRAND COUNTst CORPORATION Fur: 110AD CITY UTWITY EASEMENT AND AGREEMENT TIIIS UTILITY LASEN1ENT ANL) AGREEMENT (Easement) is made. and entered into as of the datets) set forth below- by and between R.D. Vaughan and Vaughan Properties, LLC, the owner or record_ ((lrantor). and the Lily 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 Cirantee agree its follows: 1. Grant of Easement. Grantor here') grants to Grantee, its successors and assigns, permanent easement in the NE !. of the SE 1,4 of Section 35_ T 25 S. R _' Nloah Cite. Grand County. Utah: Beginning at a corner on the East line SE' .:1. of Section 35. T 25 S. R 21 E SLB&N'1, said corner hears N O ' 30' I: 404.0 feet from the NE corner SE SE 1-4 Section 35, I 25 S. R 21 1: (said corner also betas N (? 30' F. 1725.1 feet from the SE Corner of said Section 35), and proceeding, thence N 0 30' E 20.0 feet. thence S 89 55' 1V 98.70 feet. thence S 0 30' W 20.0 feet.. thence N 89 55' E 98.70 feet to the point of beginning. Additionally, Grantor conveys an easement for electrical power in the. 1E 1:4 ofthc SE 1,4 of Section 35_ T 25 S. R 21 E SEM:M. 1\10:th City. Grand Count, Utah: Be tinnin2 tit ti point that hears N 0- 30' F. 480.9 ieet and S 89 55' W 93.7 feet from the NE corner SF -';a S1-',a Section 35. l' 25 S. R 21 and proceeding thence S 89 . 55' W 10.05 feet. thence S 5 35' 41 " E 47.61 feet. thence S 0- 30' W 9.51 feet_ thence N 89.- 55' E 10.00 feet. thence N 0 30' E 9.94 feet. thence N 5 35' 41 " W 47.18 feet to the print of beginning. ?. Purpose. The Easement is granted for the purpose ofcstablishin�t. installing, constructing maintaining. enlarging, and repairing a wastewater pump and associated sew.cr lines, along with associated surface structures including manholes. control boxes, cables. and such other .surface and sullysurface appurtenances as may he deemed necessary for the intender] use. Grantee shall have reasonable access to the Easement as necessary to earn out the purposes of this Easement. Grantee shall be solely-• responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement. 3. Non-exclusive Use: Removal of Encroachments. Grantor expressly reserves and .shrill have. the right to uu the Easement in a manner that dots 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 anN. such improvements or encroachments nuiy he subject to removal without compensation. 1 r7 4. Restoration. Upon completion of any repair or maintenance vYork contciuplatcd h}. this Easement Grantee agrees to promptly restore the sus-Iacc to a condition equal or superior to that e.xistin4c prior to and disturbance. �. Abandonment. This Easement shall only be dccincd abandoned upon lawful execution and recording of It written grant by Cirantec conveying and abandoning this Easement. f;. 11 arranty of Title and Authuritv-. The Grantor warrants tiiat he has lull right and la\vtul authority to make the grant contained herein. and promises and agrees to defend the Grantee in the exercise ()fits rights hereunder against any detect in Grantors tltic to the lands subject to this Casement. 7. I3inclin_= in Perpetuity. This Easement is irrevocable and shall bind the subject propert� in perpetuity, and all of the hcncfits and burdens of this Easement shall inure to and he hinrling upon the respective legal representatives. heirs. executors. administrators. successors and assigns of the parties. i . Sole Agreement: rM-lodilications. This Casement constitutes the sole and coniplete aL,reemcnt hetvvcon the panic, Lind no additions] or different ��ral represcntatii,n. plUtliisc or a`arcemcnt shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Easement shall he binding unless it is in writing slid duly executed by both parties. 9. Governing Law and Venue. This Easement is goVcrned h� ['tali law~; the sole venue for Lilly dispute arising from this Easement shall be the courts of Grand County. Utah. lfl. Remedies. In the cv cnt of any breach of the provision!, of this Easement. the non - breaching party may enforce ~nine in all action l'rir clllnlm:Lc:. specific performance. or both. In any such proceeding arising under this Easement the prevailing h:trty shall he entitled to recover its reasonable attornev tees and court costs, in addition to tiny other remedies or relief This Easement is binding and effective us Of the d1te(5 of execution by the parties. below. -Remainder of Page Intentionally Left Blank - Ent 527237 Pk 08E.1 Pg 0614 2 Vaughan/City of Moab Utility Easement Signature Page, Contd. tirantnr: RD Vaughan and Vau l-KAn Properties. I.LC By: R.D. Vausthan, individually and aManager. Vaughan Propertic:, LLC STATE OF UTAH COUNTY OF GRAND The rare<�oing Lo;emcnt v,as acknoNA ledged and e\ecuteLl i cfore met)) R.D. Vaughan. individualIN and aS m uu1_,cr of R. D. Vaulthan Pruheriic!. LLC. this F�� } `` Diu\ o . 2017. 1Vitne,-; 111\ hand and official Nly commission Grantee By: David L. Sakrison, Mayor of the City or Nloah Attest: ,. Rachel Stcnt-a;14ecorder Notai. Puhlic, State of Ptah Addre: -End of Docunlent- 3 Date Ent 527237 Bk 0861 Fig 0615 Ent 527237 Hk 0861 Pg 0616 `S 1 SC uopas Jawoo EN Tuowe-)sciD lomod .1? Jemos rfl /1 lupd ,00'01. '3,99 68N cn z wowasep i9N1Oci cp c o Jamas sOZ Pesodoid (s) (.0 Tuawose3 Jamod .L.C6 MSS 062S Apedaid uetAbneA swewase uo!TelS I.4!1 M 009 Ar699.62S t. wowesej Jaiviod thmuupes to lulod 1.80d Ent 527237 OW a 61 Pg 00i7 oz = gal! I, I 11