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Home My Public Portal AboutResiliency Hub Utility EasementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 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 Resiliency Hub., 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 Sewer Line easement located within the Northeast Quarter of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, being more particularly described as: Commencing at the centerline monument located at the intersection of 100 West Street and Walnut Lane, thence South 88°59'24" West 49.50 feet along the centerline of Walnut Lane and North 25.00 feet to the point of beginning, and running thence South 89°59'24" West 15.05 feet along the north right-of-way line of Walnut Lane; thence North 43°47'54" East 21.74 feet; thence South 15.69 feet along the west right-of-way line of 100 West Street to the point of beginning. Contains 118 square feet. (the "Easement Area") 2. Purpose. The Easement is granted for the purpose of establishing, installing, constructing maintaining, enlarging, and repairing 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. 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 or 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. 1 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. Warranty of Title and Authority. The Grantor warrants that he 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 Agreement. 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. 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 Resiliency Hub Attn: City Manager PO Box 97 217 East Center St. Moab, UT 84532 Moab, UT 84532 This Easement is binding and effective as of the date(s) of execution by the parties, below. 2 Resiliency Hub/City of Moab Utility Easement Signature Page, Contd. Grantor: Resiliency Hub By: Jeffrey Adkins, Board President, Resiliency Hub STATE OF UTAH ) ss. COUNTY OF GRAND The foregoing Easement was acknowledged and executed before me by Jeffrey Adams, Board President of Resiliency Hub, this Otq day of , 2019. Witness my hand and official seal. My commission expires: a EVE C. BRANNAN Notary Public State of Utah My Commission F April 13, Comm. Numbs*: 7F3564' Grantee: By: Emily Niehaus, Mayor of the i of Moab Attest: Rachel Stenta, Recorder Notary Public, State of Utah Address: a S S/ o c E Ism a,o -End of Document- 3 Date I HAWAII' .2 • MEdruil r6toi4 ,e drr/ir:il Exhibit A A Sewer Line easement located within the Northeast Quarter of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, being more particularly described as: Commencing at the centerline monument located at the intersection of 100 West Street and Walnut Lane, thence South 88°59'24" West 49.50 feet along the centerline of Walnut Lane and North 25.00 feet to the point of beginning, and running thence South 89°59'24" West 15.05 feet along the north right-of- way line of Walnut Lane; thence North 43°47'54" East 21.74 feet ; thence South 15.69 feet along the west right-of-way line of 100 West 5treet to the point of beginning. Contains 118 square feet. RIGHT-OF-WAY RESILIENCY HUB 01-001-0089 V '<01;, / /11 Ix SEWER LINE • �A A EASEMENT pc4) (1.,j p 01 / (13 15.05' S 89659'24" W S SURVEYOR'S CERTIFICATE WALNUT LANE I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that l hold license no. 7540504. I further certify that a land survey was made of the property described below, and the findings of that survey are as shown hereon. Lucas Blake License No_ 7540504 GRAPHIC SCALE 0 10 PO 1" (INCH) = 10 ' (FEET) POINT OF BEGINNING CENTERLINE MONUMENT 100 WEST STREET & 200 NORTH STREET 100 WEST STREET North l 25.00' CENTERLINE MONUMENT 100 WEST STREET & WALNUT LANE S 89'59124" W 49.50' BED D Land Surveying 305outh 100 East Moab, UT 94532 435.259.13171 C EXHIBIT B SEWER LINE EASEMENT Project 038-19 D Sheet 1 ar 1 Date 3/12/19 i, i