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