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Home My Public Portal AboutDelete1When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 533263 Bk. 878 P 687. " bCti Date: 14--JAN--2019 3"s 57 s 09PITi Fee: NoneFiled Dyt GKW JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF 110AB TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT (the "Agree- ment") is made and entered into as of the date(s) set forth below by and between Gardiner Properties Moab, LLC, a Utah limited liability company, 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. A 30 foot wide Easement, 15 feet on either side of the following de- scribed center line located in the Southeast Quarter of the Southwest Quarter of Section 26 and the Northeast Quarter of the Northwest Quarter of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, Moab City, Grand County, Utah; and running adjacent to a perpetual sewer easement; more particularly described as follows: BEGINNING at a point on the Southerly line of the Grantor's property, said point being 118.68 feet South 89°55'28" West along the South line of said Section 26 and 56.73 feet South 00°04'32" East from the South Quarter corner of said Section 26; and ramming thence North 51 ° 16'28" West 211.91 feet; thence North 16°04'26" West 183.00 feet and thence North 45°02'41" West 312.83 feet to a point on the Northerly line of the Grantor's property and the termination of this easement center line. Note: The sidelines of this ease- ment should be extended to or terminated at said property lines. Contains 21,233 sq. ft. or 0.48 acres, more or less 2. Purpose. This Agreement is granted for the purpose of establishing, installing, construct- ing, repairing, replacing, and/or enlarging sanitary sewer lines, along with associated surface struc- tures including manholes, control boxes, cables, and such other surface and subsurface appurte- nances as may be deemed necessary for the intended use. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. Grantee shall have reasonable access to the Easement Area as necessary to carry out the purposes of this Agreement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equip- ment it constructs within the Easement Area. 3. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2020, at which time the easement granted herein shall automatically 4821-9850-2018.v1 terminate without the recording of any notice of such termination. After construction and restora- tion is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 4. Non-exclusive Use; Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement Area in a manner that does not impair or harm the grant or use by Grantee. 5. Restoration. Upon completion of any constriction work contemplated by this Agreement, Grantee agrees to promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, the Grantee shall remove all equip- ment and materials from the Easement Area. 6. Condition of the Easement Area. Grantee accepts the Easement Area and all aspects thereof in "AS IS", "WHERE IS" condition, without warranties, either express or implied, "with all faults", including but not limited to both latent and patent defects, and the existence of hazardous materials, if any. Grantee hereby waives all warranties, express or implied, regarding the condition and use of the Easement Area, including, but not limited to any warranty of merchantability or fitness for a particular purpose. Subject to matters of record or reasonably discoverable by an inspection of the Easement Area, Grantor warrants that it has merchantable title to the Easement Area and that it will defend same against claims from persons claiming by or through Grantor. 7. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agree- ment between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this instrument. No modification to this Agreement shall be binding unless it is in writing and duly executed by both parties. 8. Governing Law and Venue. This Agreement is governed by Utah law; the sole venue for any dispute arising from this Agreement shall be the courts of Grand County, Utah. 9. Remedies. In the event of any breach of the provisions of this Agreement, the non- breach- ing party rnay enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Agreement the prevailing party shall be entitled to recover its reason- able attorney fees and court costs, in addition to any other remedies or relief. 10. Liens. Grantee shall keep the Grantor real property located in Grand County, Utah ("Gran- tor Property") free from any liens arising out of any work performed, materials furnished, or obli- gations incurred by, through, for or under Grantee, and shall indemnify, hold harmless and agree to defend Grantor from any liens that may be placed on the Grantor Property pertaining to any work performed, materials furnished or obligations incurred by, through, for, or under Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents"). 11. Compliance with Laws. Grantee will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, per- mits, licenses, authorizations, directions and requirements of and agreements with all governments, ViE090 6d L £9at Eg lu3 4821-9850-2018.v1 departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any building, zoning, land use, and hazardous waste laws. 12. Release. Grantee, as a material part of the consideration of this Agreement, waives all claims or demands against Grantor and its employees, officers, members and affiliated entities and its and their employees, officers, members, agents, and professional consultants and its and their respective successors and assigns (collectively, the "Releasees") for any such loss, damage or in- jury of Grantee or Grantee's property. The terms and conditions of this provision shall remain effective, notwithstanding the expiration or termination of this Agreement. 13. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by cou- rier, to the addresses for the parties as specified below: Grantee: Grantor: City of Moab Gardiner Properties Moab, LLC Attn: City Manager Attn: John Gardiner 217 East Center St. 1075 East 1200 South Moab, UT 84532 Salt Lake City, UT 84106 [Signatures Page Follows] Ent 533263 Bk. 0B78 Pg 0689 4821-9850-2018.v1 This Agreement is binding and effective as of the date(s) of execution by the parties, below. GRANTOR: Gardiner Properties Moab, LLC, a Utah limited liability company ohn Gardiner, STATE OF UTAH )ss. COUNTY OF S 4.1 k L— k_ ) On this 21-lik4lay of t)e c.e A., 6-sr— , 2018, before me, G 4 s .e j l.-\\Aa notary public, personally appeared before me, , j G IA", C-i tirc . ; A4. r— , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the Pr e 5 i a a n-E- of Gardiner Properties Moab, LLC, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. Notary Public NOTARY PUBLIC CASEY JAMES HILL 697066 COMMISSION EXPIRES SEPTEMBER 25, 2021 STATE OF UTAH i [Signature Page Continued Next Page] Ent 533263 Bk 0878 1g C)69O 4821-9850-2018.v1 GRANTEE: CITY OF MOAB, a municipal corporation By: Emily Niehaus, Mayor \1, lV,I,, YYY\\_y ketiel Stenta, Recorder STATE OF UTAH }ss. COUNTY OF GRAND On this g111 day of -Sa yt {,ta-ir c./ , 20 a, before me, 4, � a` a notary public, personally appeared before rrie, Evil i 1 Aii�i/lcu,LS , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the oY of City of Moab, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. RACHE1. E. STENTA Notary Public State of Utah Comm. No. 703637 My Commission Expires on Dec 15, 2022 Notary Public Ent 533�'E63 Ak 0878 Pg 0691 4821-9850-2018.vt