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HomeMy Public PortalAboutrobb deed of easementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 DEED OF EASEMENT Ent 529264 Rk 867 Pi 458°- 442 Date: 20-APR-2018 E:48:24PM Fee: NoneFiled By: GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB For good and valuable consideration, receipt of which is acknowledged, Val Robb, Chris Robb, and Shawn B. Robb, whose address is P.O. Box 166 Paragonah, UT 84760-0000 (collectively: Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532 (Grantee), as follows. 1. Conveyance and Purpose. Grantor grants and conveys to Grantee a perpetual non- exclusive easement for ingress/egress and the construction, maintenance, and/or improvement of a public trail/sidewalk to be utilized by pedestrians and non -motorized vehicles over and across the real property in the County of Grand, State of Utah, as described in Exhibit A, attached, comprising a portion of Tax Parcel No. 01-0001-0172 (the Easement). The Easement is depicted in Exhibit B, attached. Grantor warrants clear and unencumbered title to the Easement. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes which are not inconsistent with the rights accorded to the Grantee and members of the public under this deed. Grantor shall not construct or install any permanent improvements within or upon the Easement, and all such encroaching improvements may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property of the Grantor in perpetuity, unless abandoned by Grantee upon execution and recording of a written deed of abandonment. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easement from time to time and to utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, or enlargement of any improvements constructed or to be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all construction and maintenance activities. Grantee is authorized to install signage, fencing, landscaping, lighting, benches, paving, drainage structures, or other surface or subsurface improvements which are consistent with the use of a pedestrian pathway. All construction, maintenance, repair, and improvement activities of the Grantee shall be at its sole cost and expense. 5. Non-interference. Grantor shall not interfere with, obstruct, or deny access to Grantee or members of the public who may utilize the Easement. Grantor shall be responsible for all damages accruing to Grantee as a result of any denial of access or damage to any improvements within the Easement caused by Grantor, its agents, or assigns. 6. Future Connections. It is intended that the Easement may be connected to other parcels comprising parts of an urban trails system. The connection of the Easement to other or adjacent parcels, easements, or trail systems is within the express purpose of the Easement, as contemplated by Grantor and Grantee. 7. Successors and Assigns. The rights and obligations described in this Easement constitute an encumbrance running with, and binding upon, the subject real property, and this Easement shall be binding upon the parties and their respective successors and assigns. 8. Governing Law. This Easement is governed by Utah law. The exclusive venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. 9. Remedies; Costs. Depending on the nature of the dispute, this Easement may be enforced in an action for specific performance, damages, or both. In any dispute arising under this Easement the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. Conveyed as of the date of execution by Grantor, below. Grantor: By: 1� al Rob By: Chris Robb Shawn B. Robb 2 y -7 3 - a. a Date L-I— Date Ent 529260 Bk 0867 Pg 0459 Robb/City of Moab Trail Easement Signature Page ACKNOWLEDGMENT The foregoing Deed of Easement was executed before me this irLy of I , 2018 by Val Robb, Chris Robb, : d Shawn B. Robb. Witness my hand and official seal. My commission expires: Notary P ��.lic, State of Utah. Address: ��� ANGELA 0 QURR • 44 � NOTARYPUBLIC s�0FOVI ;at �'' ,;!�'�,9 COMMISSIONS GUM COMM. EXP. 01-07.2020 Ent 529260 Bit 0867 Pg 0464 3 Exhibit A An access easement for city trail way being more particularly described as: Beginning at point on Grantors northern boundary, said point being North along Center Section line 1946.2 feet and North 89°30'00" West 530.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 49°30'33" East 18.46 feet; thence with a curve having a radius of 31.28 feet, to the left with an arc length of 9.39 feet, (a chord bearing of South 58°06'26" East 9.35 feet); thence South 66°42'19" East 25.58 feet to 200 South Street right-of-way; thence along said right-of-way South 02°31'15" East 35.55 feet; thence North 45°24'20" West 44.07 feet; thence with a curve having a radius of 47.28 feet, to the right with an arc length of 14.19 feet, (a chord bearing of North 58°06'26" West 14.14 feet); thence North 49°30'33" West 30.63 feet; thence with a curve having a radius of 19.74 feet, to the left with an arc length of 11.69 feet, (a chord bearing of North 66°28'03" West 11.52 feet); thence North 83°25'32" West 7.10 feet; thence South 88°14'16" East 37.27 feet to the point of beginning. Also: Beginning at point on Grantors northern boundary, said point being North along Center Section line 1946.2 feet and North 89°30'00" West 607.8 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence with a curve having a radius of 15.01 feet, to the left with an arc length of 3.21 feet, (a chord bearing of South 67°46'00" West 3.20 feet); thence South 61°38'57" West 1.52 feet; thence with a curve having a radius of 44.98 feet, to the right with an arc length of 38.36 feet, (a chord bearing of South 86°04'46" West 37.21 feet); thence North 69°29'25" West 5.75 feet; thence with a curve having a radius of 42.09 feet, to the left with an arc length of 15.36 feet, (a chord bearing of North 79°56'34" West 15.27 feet); thence South 89°36'17" West 10.55 feet; thence North 02°18'10" East 2.08 feet; thence South 88°14'49" East 72.34 feet to the point of beginning. Ent 529260 Bk 0867 Pg 0461 MOAB CITY 01-001-0170 N 89°29'49" W l 39.55' 1.7 N 89°30' 111 1 C6 C.g NEILL BRUCE JOHNSON STEVEN l JOHNSON 01-001-0173 C 1 .S TRAIL WAY EASWENT VAL ROBB CHRIS ROBB SHAWN B ROBB 01-001-0172 CURE ARC ri.E40111 RA014 OF1TA ANGLE CHORD fIWING CHO$O LENGTH C1 9.39 31.29 19.1071 S 59'2211 E 9.35 C2 14.19' 47.29' 19.1071 N 59'22'11" W 14.14' C3 11.69' 19.75' 37.6850 N 67'43'47" W 11.52' C4 3,21' 15.01' 13.5945 S 66'30`49" W 3.20' C5 38.36' 44.98' 54.2895 S 84'49'35" W 37.21' C6 15.36' 42.09'1 23.2277 N 81' 11'45" W 15.27' LINE BEARING OISTA1$GE L1 S 50'46 17" E 18.46 L2 S 67'56'04" E 25,58' L3 5 03'47'00" E 35.56' L4 N 46'40:95" W 44.Q8' L5 N 50'46 17 W 30.63' L6 N 84'41'17" W 7.10' L7 S 89'3Q:00' E 37.28' L8 S 60'23 46" W 1.52' L9 N 70'44'36" W 5,75' L10 S 88'21',96" W 10,55' L11 N 01'03 90" E 2.08' L12 S 89'30'00" E 72_35' Ni CORNER SECTION 1, T265, R21E, SLB&M W 530.7' IL (TIE) 3 z 0 200 SOUTH L 73 STREET O �lA CITY TRAIL EASEMENT EXHIBIT B Si CORNER SECTION 1, T265, R21 E, SLB&M Land 5 30 So.ith 100 East Moat, UT 84532 435 259 8171 tProject 004-17� Date 3/21/18 Sheet 1 of Ent 529260 Bk 0867 Pg 0462