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
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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-
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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-
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Ent 532015 Bk 0875 Pg 0768