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HomeMy Public PortalAboutPreserve easement 2018 ByrdWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 532015 Bk 875 P 766-7 " Date: 14-NOV-2018 9:11:59AM Fee: NoneFiled By: GKW JOWN ALAN CORTES1 Recorder GRAND COUNTY CORPORATION For: CITY OF 110AB UTILITY EASEMENT AND AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT (Easement) is made and entered into as of the date(s) set forth below by and between The Preserve of Moab Utah, LLC, 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. Grantor hereby grants to Grantee, its successors and assigns, a permanent drainage and utility easement in the Southeast'/4 of Section 35, Township 25 S, Range 21 E, Salt Lake Meridian, in Moab City, Grand County, Utah, more particularly described as follows: Beginning at the Northeast corner of Lot 40A of the Preserve, Phase II, said corner bears S 0°31' 11" W 195.50 ft. thence West 660.17 ft. from the East 1/4 Comer of Section 35, T 25 S, R 21 E, SLM, and proceeding thence with the North line of Lot 40A West 133.46 ft., thence with the West line of lot 40A S 0° 11' 22" E 7.00 ft., thence East 133.37 ft., thence with the East line of Lot 40A N 0° 32' 00" E 7.00 ft. to the point of beginning, containing 0.0214 acres. 2. Purpose. The Easement is granted for the purpose of establishing, installing, constructing maintaining, enlarging, and repairing a storm drain and appurtenant drainage facilities for surface -flow. Grantee shall have reasonable access to the Easement as necessary to carry out the purposes of this Easement. Grantee shall be solely responsible for the maintenance of any improvements, structures, or equipment it constructs within the Easement, and all costs associated with the use of those improvements. 3. Non-exclusive Use:, Removal of Encroachments. Grantor expressly reserves and shall have the right to use the Easement 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, and any such improvements or encroachments may be subject to removal without compensation. Grantor may install plantings or landscaping within the Easement, provided that the landscaping does not interfere with the use by Grantee. If landscaping is installed within the Easement subsequent to the effective date of this document, it may be subject to disturbance without replacement. 4. Restoration. Except as provided in Section Three pertaining to encroaching improvements and new landscaping, upon completion of any repair or maintenance work 1 contemplated by this Easement, Grantee shall promptly restore the surface to a condition equal or superior to that existing prior to any disturbance. 5. Abandonment. This Easement shall only be deemed abandoned upon lawful execution and recording of a written grant by Grantee conveying and abandoning this Easement. If the equipment or improvements within the Easement are no longer needed the parties shall confer about a release of this Easement. 6. Warranty of Title and Authority. The Grantor warrants that it has full right and lawful authority to make the grant contained herein, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to this Easement. 7. Binding in Perpetuity. This Easement is irrevocable and shall bind the subject property in perpetuity, and all of the benefits and burdens of this Easement 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 Easement 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 Easement shall be binding unless it is in writing and duly executed by both parties. 9. Governing Law and Venue. This Easement is governed by Utah law; the sole venue for any dispute arising from this Easement shall be the courts of Grand County, Utah. l0. Remedies. In the event of any breach of the provisions of this Easement, the non - breaching party may enforce same in an action for damages, specific performance, or both. In any such proceeding arising under this Easement the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other remedies or relief. -Remainder of Page Intentionally Left Blank- 2 Ent 5-32015 t+k. 0875 Pij 0767 Preserve of Moab Utah, LLC/City of Moab Utility Easement Signature Page This Easement is binding and effective as of the date(s) of execution by the parties, below. Grantor: The Preserve of Mo tah,,Y.� By: Dennis E. Byrd, Jr., Member STATE OF UTAH COUNTY OF GRAND ) ss. •As40// The Preserve of Moab Utah, LLC By: Patricia B. Byrd, Member The foregoing Easement was acknowledged and executed before me by The Preserve of Moab, LLC, acting by and through Dennis E. Byrd, Jr. and Patricia B. Byrd, Members, this up, day of N4vt[lf1%-ems , 2018. Witness my hand and official seal. My commission expires: fen 2}202! f JAMIE HULCE ti f./j 'c_ Notary Public - State of Utah T ''i Comm, No.692781 4My CommissionExpires on Feb 2.2021 Grantee: By: (� Emily Niehaus, Mayor of the Citybf Moab Not ublic, State of Utah Address: 01.D b U1-` CifatI rd Rachel, Stenta, Recorder Date -End of Document- 3 Ent 532015 Bk 0875 Pg 0768