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Home My Public Portal Aboutclub utah nmt easementC ,�r c-1) Ent 49 1. 8 Ak 773 N 989 — f / (0 Date: 26-SUL-2011 2ra 24 a 36PM z Feet None r� y Filed By: TL ca. f-e: JOHN ALAN CORTES Recorder L. GRAND COUNTY CORPORATION N For: MOAB CITY NON -MOTORIZED TRAIL EASEMENT AGREEMENT THIS NON -MOTORIZED TRAIL EASEMENT AGREEMENT ("Agreement") is entered into as of this ri day of May, 2011 ("Effective Date"), by and between CLUB UTAH RESORT GROUP, L.L.C., a Utah limited liability company, ("CU"), and MOAB CITY ("THE CITY" OR "CITY"). RECITALS A. CU owns lands in the City of Moab in Grand County, Utah located along the existing Right -of —Way of US Highway 191, which is owned by the Utah Department of Transportation ("UDOT"). B. CU and City wish to cooperate in the planning and construction of an eight to ten foot wide paved pedestrian bicycle trail along the northeasterly side of US Highway 191 from approximately 500 West Street to the intersection of Highway 128 (the "Trail"). The Trail is believed to be a mutually beneficial public improvement. C. CU has previously, at its expense, constructed an approximately 900-foot long by eight - foot wide section of trail along the highway frontage of its property. Portions of this trail are within the UDOT right-of-way and portions are on CU lands. This section of trail is planned to be incorporated into and made a portion of the Trail. D. CU wishes to donate, and the City wishes to accept, a ten -foot wide non-exclusive easement containing the portion of Trail where it crosses CU lands (the Easement). E. The CU lands are a portion of Moab Springs Ranch Resort PUD (the Resort), which has previously been annexed into Moab City subject to the terms of an Annexation agreement and Amended Annexation Agreement between CU and the City ("Existing Agreements"). CU and the City wish to ensure that the donation of the Trail easement does not adversely affect the objectives of the Existing Agreements. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CU and the City agree as follows: 1. Donation. Subject to the terms of this Agreement, CU hereby agrees to Donate to the City a Non -Exclusive Easement as described on Exhibit A to this Agreement. The Easement, as described on Exhibit A, shall be explicitly restricted by and subject to the specific terns of this Agreement. 2. Purpose: The parties agree and understand that the purpose of the Easement is for the construction, maintenance and use of an eight to ten foot wide non -motorized pedestrian and bicycle trail. The Trail will be a portion of the City's trail network, open to the public and managed and maintained by the City. After donation, the City will assume all responsibility for the adequacy, safety and maintenance of the Trail. 1 3. Existing Agreements: CU and the City reasonably believe that the donation of the Easement is consistent with the intent of the Existing Agreements. CU and the City agree to work together in good faith to make such reasonable accommodations and amendments as may be necessary to preserve the intent of the Existing Agreements should unforeseen consequences of the easement donation come to be at variance with the Existing Agreements. 4. Limitations: The City may not, without the prior written consent of CU and/or its successors, expand the use of the Easement or trail beyond that agreed herein. Specifically, and without limitation, the Easement may not be used to enlarge, expand or widen the Highway 191 Right -of -Way, may not be used to allow motorized use or access, may not be granted to third parties, and may not be used to limit CU's right to develop the Resort. 5. Non -Exclusivity. The Easement is non-exclusive. CU retains all rights to the surface and subsurface which do not interfere with the intended use of the Easement for a non -motorized trail. Specifically, and without limitation, CU retains the right to co -locate new and maintain existing subsurface utilities and to grant other non-exclusive easements across the Easement. CU agrees that any additional use will be subject to an obligation to notify the City prior to any disturbance, temporary closure for construction or other interference with the use of the Easement for its intended purpose, and to restore any portions of the Trail disturbed by construction or other activity to its pre -disturbed condition. 6. Existing Utilities and Easements: The granting of the Easement will not affect existing easements and subsurface utilities within the Easement. Utilities known to the parties include, without limitation, a Moab City water pipeline and irrigation water pipelines owned by CU and others. The City agrees that it will restore, repair or replace any utilities damaged during construction or maintenance. 7. Width, Construction, Maintenance and Encroachment: The Easement is ten feet wide, and is intended to allow a trail of up to ten feet in width to be constructed and maintained. CU acknowledges and agrees that construction and maintenance may require temporary encroachment outside of the easement width, and agrees to accommodate such reasonable encroachment from time to time so long as it is tied to construction or maintenance of the Trail and is prosecuted expeditiously. Excavation and base materials may exceed the ten -foot width by up to two feet each side. Reasonable care will be exercised to keep the ten foot trail pavement section within the ten foot easement. Occasional encroachment for construction and maintenance will not require special permission or additional easements. The City agrees that it will not store construction materials or equipment outside of the easement without permission from CU, nor will it damage any improvements, such as landscaping, fences or signage. The City will be responsible for repair, restoration or replacement of existing facilities damaged by maintenance or construction operations. 8. Construction Access for the UDOT Contractor: In order to complete the construction of the Trail as part of the US 191; MP 126 to MP 129.8 Pavement Preservation & Widen North of SR-128 F-0191(86)126 PIN: 8931 (US 191 Moab to Potash Project) and to provide a connection to the existing trail on CU property, UDOT will need to construct a tie-in on the north side of CU property between the existing trail and the Trail within the HWY 191 Right -of -Way. The UDOT contractor 2 Ent 498518 Bk 0773 Pq 0990 will be allowed access to this easement limited to the area necessary to construct this piece as shown on the UDOT plans for the US 191 Moab to Potash Project. UDOT will follow the same procedures and will be granted the same access rights as specified for the City in the previous item. UDOT will be responsible for repair, restoration or replacement of existing facilities damaged by maintenance or construction operations. Once construction of this section is complete, UDOT will have no further right to access the property and maintenance of the trail within this easement will be the responsibility of the City per the specific terms of this Agreement. 9. Resort Roads and Right to Relocate Easement. The Trail, as constricted and the Easement as granted herein may come to be in conflict with a portion of the private resort road called Icehouse Place as depicted on the attached Exhibit B. The parties agree that CU may, at its expense and subject to the conditions herein, relocate the trail and Easement to the west of the current location. In such event the City agrees to cooperate in replacing the Easement with the new easement. The conditions to such relocation are: a. Prior to moving the trail CU will submit to the City the proposed plans for the new Iocation. The City, through its Engineer, will review the proposed re -alignment for conformance to accepted trail standards for grade, width, curvature, line -of -site and other safety issues. The City will approve the proposed plans, approve the plans with reasonable conditions or ask that revised plans be submitted, stating the reasons for such response. After approval, the City will issue permits and temporary closure permissions as necessary for the trail relocation. b. Upon approval, CU will expeditiously close the Trail or provide temporary bypass facilities, all as approved by the City, and will complete the relocation as quickly as possible. c. Upon relocation of the Trail, CU will prepare a revised legal description for the new easement location. The City will cooperate in releasing the Easement and will accept the new easement. 10. Crossing: The attached Exhibit B shows a location where a road is planned to cross the trail from US Highway 191 to Icehouse Place. The City agrees that this road may be constructed, subject only to the reasonable review and approval of the trail crossing design. The trail crossing will be at the same grade as the existing or redesigned trail, will be signed for the safety of trail users and will not interfere with the function of the Trail. 11. Notice: If to CU: Club Utah Resort Group L.L.C. Attn. McKay Edwards 150 South 600 East #9-B Salt Lake City, Utah, 84102 Phone: 801.588.0911 Fax: 801.588.0913 If to the City: Moab City 3 Ent 498518 Bk 0773 fig 0991 Attention Rebecca Andrus, City Engineer 217 East Center Street Moab, Utah 84532 Phone: 435.259.5121 10. Entire Agreement. This Agreement (together with its Exhibits) represents the entire agreement between the parties with respect to the subject matter hereof and shall be construed without reference to any prior or other agreement between the parties. This Agreement may not be amended or supplemented except by an instrument in writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. State of Utah 1A1 �u County of CLUB UTAH RESORT GROUP, L.L.C. a/( c .. dwards Date Manager On the day of ) km_ '� l i , personally appeared before me McKay Edwards, as the Manager of Club Utah Resort Group, L.L.C. and who duly acknowledged to me that they executed the same. My Commission Expires: ITT bfW5 ( 47Notary Public Residing in:-€ndy 4 CITY OF MOAB f By: David L. Sakrison Mayor Date Ent 498518 Nk 0773 Pg 0992 EXHIBIT "A" MOAB SPRINGS RANCH PROPERTY A 10-foot perpetual non-exclusive easement for a paved pedestrian/bicycle pathway, within the Northeast of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian. More particularly described as follows: BEGINNING at a point which is North 88°43'03" East 1187.32 feet along the section line and South 1.30 feet from the North Quarter Corner of Section 35, Township 25 South, Range 21 East, Salt Lake Meridian, and running thence South 79°32'09" East 45.92 feet to a point on an 80.00-foot radius curve to the right (concave southwest) the radius point of which bears South 10°27'51" West; thence easterly, along the arc of said curve, a distance of 37.00 feet, through a central angle of 26°30'08"; thence South 53°02'01" East 43.23 feet; thence South 49°24'10" East 117.86 feet; thence South 44°13'09" East 66.60 feet; thence South 39°47'03" East 60.81 feet to a point on a 110.00-foot radius curve to the left (concave northeast) the radius point of which bears North 50°12'57" East; thence southeasterly, along the arc of said curve, a distance of 19.63 feet, through a central angle of 10°13'20"; thence South 50°00'23" East 9.03 feet to a point on a 75.00-foot radius curve to the right (concave southwest) the radius point of which bears South 39°59'37" West; thence southeasterly, along the arc of said curve, a distance of 14.71 feet, through a central angle of 11 °14'24"; thence South 38°46'00" East 89.28 feet; thence South 36°58'08" East 59.35 feet to a point on the northerly right-of-way boundary of US-191, said point also being on a non -tangent 3869.80-foot radius curve to the left (concave southwest) the radius point of which bears South 43°56'09" West; thence northwesterly, along the arc of said curve and said right-of-way, a distance of 60.39 feet, through a central angle of 0°53'39"; thence, leaving said right-of-way, North 38°46"00" West 88.76 feet to a point on a 65.00-foot radius curve to the left (concave southwest) the radius point of which bears South 51 ° 14'00" West; thence northwesterly, along the arc of said curve, a distance of 12.75 feet, through a central angle of 11°14'24"; thence North 50°00'23" West 9.03 feet to a point on a 120.00-foot radius curve to the right (concave northeast) the radius point of which bears North 39°59'37" East; thence northwesterly, along the arc of said curve, a distance of 21.41 feet, through a central angle of 10° 13'20"; thence North 39°47"03" West 60.42 feet; thence North 44°13'09" West 65.76 feet; thence North 49°24'10" West 117.09 feet; thence North 53°02'01" West 42.92 feet to a point on a 70.00-foot radius curve to the left (concave southwest) the radius point of which bears South 36°57'59" West; thence Northwesterly along the arc of said curve, a distance of 32.38 feet, through a central angle of 26°30'08"; thence North 79°32'09" West 29.26' to a point on the northerly right-of-way boundary of US-191; thence along said right-of-way, North 48°34'06" West 19.43' to the POINT OF BEGINNING. Ent 498518 Bk. 0773 Pg 0993 1=1 Ent 498518 [14 Y COP SEC 35 f 1.30' S00'OOVO"E NeB'4]'OJ"E 1197.TY PCO 19,43' N48134251W a CARVE DATA CO#VE RADIUS DELTA LENGTH RADIADIRECTION 1 BOIm 25'1P08' 3100 310'2r51W 2 110.00 10113120' 23252 N591125TE 3 79,00 31114D, 14.71 539159371V a 3953.20 0153139" 50.29 943•5099W 5 55,00 11'ta'2a' 12.35 S51114100^N 2 120 2. 10113201 2141 R39199'3TE 3 To 20 25-30'08" 32,38 S36127159NN Exhibit "A" 28a0.1O' BASIS OF BEARING 145218' 9 OJ• N5010012313I 203' 350100231E T255, &La. f NE CCP SEC 35 1 Ent 498518 Rk 0773 73 Pg 0995 TO COLORADO MYER, ARCHES NATIONAL PARK an,k!\�wimoi. ■ r. Road Crosses Trail - EXHIBIT t.nt 498518 AI 0773 Pp 09'96 Moab Springs Ranch Development Plan per Existing Agreements R7 i..4•wYY1- •!!�Rl1•��7il� Zownhome J % Condominiums HEA' +* 7Ew �EL go84 9,01 ownhome ` sa. s.�—.Gonc�ominium_ . ra \• �IH �1l.11a. Beni 111111ll�EHIlll�.n MVP Mt"' II�II�II��I�D�Ii11��[N ImY riit E ,gip : �'L °H d a p! I� f 1 I I;' .,I IIHI —im Arrowhead ° Trait and Icehouse Place Road tigag MOAB SPRINGS RANCH "BASECAMP RESORT" 1266 NORTH MAID STREET MOAB, UTAH, 84532 CONCEPT MASTER PLAN LAND USE ELEMENTS: RANCH HOUSE COMPLEX: RESTAURANT, DELI, SPA, OFFICES & RETAIL THE LODGE AT MOAB SPRINGS: APPROX. 42 SUITES, OFFICE, SUPPORT & CONFERENCE FACILITIES RESORT CONDOMINIUMS: APPROX. 42 LUXURY TOWNHOME CONDOMINIUMS, PROPERTY MANAGEMENT FACILITIES DISPERSED RESORT SUPPORT & COMMERCIAL: SPA, CONFERENCE, FOOD SERVICE & MUSIC FACILITIES, TRAILS, PICNIC, FIRESIDE & MISCELLANEOUS RECREATION AMENITIES. =Roadways, Existing and Planned rehouse r ._RANCH HOUSE a Entry; MOAB SPRINGS RANCH R, BASECAMP RESORT: 1266 North Main Street Moab, Utah 84532 Tel. 435.259.7891 Fax 801.259.7529 .6 c'c2 C-D Q- b [c- �vfJ�j CJ" `c Qx C c___________,.(:) BUSINESS OFFICE: t1-�7s°7 0 sEdst 13�o3 0-s0 02 S��l � Salt Lake City, Utah 8410% Tel 801.588.0911 Fax 801.588.0913 20( zv l A Club Utah Basecamp Resort www.moabspringsranch.com TO COLORADO RIVER, ACHES NATIONAL PARK Ilionmissast.,, \ _Town kto m e • /1 Condominiums / j f,,,/ ,.., i / / / ____ _,,,- __,-.-",/ _.„..-• 7.____-__________:_r--, - / /"-- / -/-.-- ------ .2 ..---- z ,f i. / „--" / / / ; H( Road Crosses Trail til ito = ,o. MOAB SPRINGS RANCH "BASECAMP RESORT" 1266 NORTH MAIN STREET MOAB, UTAH, 84532 CONCEPT MASTER PLAN LAND USE ELEMENTS: RANCH HOUSE COMPLEX: RESTAURANT, DELI, SPA, OFFICES & RETAIL THE LODGE AT NUMB SPRINGS: APPROX, 42 SUITES, OFFICE, SUPPORT & CONFERENCE FACILITIES RESORT CONDOMINIUMS: APPROX. 42 LUXURY TOWNHOME CONDOMINIUMS, PROPERTY MANAGEMENT FACILITIES DISPERSED RESORT SUPPORT & COMMERCIAL: SPA, CONFERENCE, FOOD SERVICE & MUSIC FACILITIES, TRAILS, PICNIC, FIRESIDE & MISCELLANEOUS RECREATION AMENITIES, RR' HEA HILL , to EXHIBIT B Moab Springs Ranch Development Plan per Existing Agreements :\ .1 11 ilk Ell atitIP I it /TJ1111Mllfiiloel ' A r ;F:74* • 1111.14f1.14.11!!! ....... IEWPCINT / --"-----a.711Lottorne Trail and Icehouse Place Road • • • = Roadways, Existing and Planned 1111r PIPER is 7:16; icehouse ‘1. 111000 61440§52.19a • _RANCH HOUSE • LODE ' EL, , MOAB SPRINGS RANCH e