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Home My Public Portal AboutDELETEWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 533264 Bk a.78 P��gg 692 -' (y 9 Date?, 1.4-JAN-2019 33: ` 9.100PN Fee:: None1= i led Ely ° Gni 1OHN AL.AN CORTES Recorder GRAND COUNTY CORPORATION For: CITY Of" 110AD UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (the "Agreement") 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 Casement. Grantor hereby grants to Grantee, its successors and assigns, a permanent easement on that certain real property located in Grand County, State of Utah ("Grantor Property") in the NE 1/4 of the NW 1/4 of Section 35 and the SE 114 of the SW 1/4 of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: A 20 foot wide Sewer Easement, 10 feet on either side of the following described 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; more particularly described as follows: BEGINNING at a point on the Southerly line of the Grantor's property, said point being 86.98 feet South 89°55'28" West along the South line of said Section 26 and 50.14 feet South 00'04'32" East from the South Quarter corner of said Section 26; and running thence North 51 ° 16'58" West 224.57 feet; thence North 16°04'26" West 181.53 feet and thence North 45°02'41 " West 304.45 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 easement should be extended to or terminated at said property lines. Contains 14,211 sq. ft. or 0.32 acres, more or less (the 'Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing maintaining, enlarging, and repairing sanitary sewer lines, along with associated surface structures including manholes, control boxes, cables, and such other surface and sub- surface appurtenances as may be deemed necessary for the intended use. 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 equipment it constructs within the Easement Area. 4825-341 1-1874.v1 3. 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. Grantor shall not construct any buildings, structures, or other permanent improvements within the Easement Area, and any such improvements or encroachments may be subject to removal without compensation. 4. Restoration. Upon completion of any repair and maintenance 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 equipment and materials from the Easement Area. 5. Abandonment. This Agreement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Agreement. 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 will defend same against claims from all persons claiming by or through the Grantor. 7. Binding in Perpetuity. This Agreement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties. 8. Sole Agreement; Modifications. This Agreement constitutes the sole and complete agreement 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. 9, 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. 10. Remedies. In the event of any breach of the provisions of this Agreement, the non - breaching party may 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 reasonable attorney fees and court costs, in addition to any other remedies or relief. 11. Liens. Grantee shall keep the Grantor Property free from any liens arising out of any work performed, materials furnished, or obligations 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 Ent 533254 Bk 0878 Pg 0693 4825-3411-1874.v 1 by, through, for, or under Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents"). 12. Compliance with Laws. Grantee will comply with all present or future laws, statutes, codes, acts, ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of and agreements with all governments, 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. 13. 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 for any such loss, damage or injury of Grantee or Grantee's property. The terms and conditions of this provision shall remain effective, notwithstanding the expiration or termination of this Agreement. 14. Notices. Any notice shall be sent by first class mail, postage prepaid, or delivered by courier, 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 2100 South Moab, UT 84532 Salt Lake City, UT 84106 [Signature Page Follows] Ent 533264 Elk. 0878 Pg 06°34 4825-3411-1874.11 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 /Wi L> hn Gardiner, Prof G/4---7,14-7),ez ,/(,/-€) STATE OF UTAH )ss. COUNTY OF 5 1 } L ,. 4c..t ) On this - day of D,,,..,.,6er- , 2018, before me, G'Q,e44 ;1\. , a notary public, personally appeared before nee, le, j„ „` a „,„-a ; „, 8v-- , whose identity is personally known to me or personally proven on the basis of satisfactory evidence and who affirmed, to be the Pt--.e_ 5 i a 4 if -} - of Gardiner Properties Moab, LLC, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. GRANTEE: Notary Public NOTARY PUSUC CASEY JAMES HILL 607066 COMMISSION EXPIRES SEPTEMBER 25, 2021 STATE OF UTAH [Signature Page Continued Next Page] Ent 533264 Bk 0878 Pg 0695 4825-3411-1874.v1 CITY OF MOAB, a municipal corporation „l ij By: Emily Niehaus, Mayor • y� achel Stenta, Recorder STATE OF UTAH COUNTY OF GRAND } }ss. } 19 On this 8- day of fayt,{, ctlry , 20K before me, GtCAt ��ev�c. , a notary public, personally appeared before nie, EMI ( f v i e f�� , whose identity is personally known to me or personally proven on the Wasis of satisfactory evidence and who affirmed, to be the kit aY- of City of Moab, whose name is subscribed to this instrument, and acknowledged and executed the same. Witness my hand and official seal. I RACHEL E. STENTA Notary Public - State of Utah Comm. No. 703637 I My Commission Expires on Dec 15, 2022 I NcYtary Public Ent 53326.4 tik 0878 Pg 0696 4825-34I)-I874.v1