HomeMy Public PortalAboutSleep Inn JPK TR Moab II RES-CC-38-2016 Utility EasementWhen Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
DEED OF UTILITY AND ACCESS EASEMENTS
For good and valuable consideration, receipt of which is acknowledged, JPK TR Moab II,
LLC, a South Dakota limited liability company (Grantor), hereby grants and coveys the
following easements to the City of Moab, a Utah municipality (Grantee), as follows:
I. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive
easement for ingress/egress, construction, maintenance, repair, and replacement of
municipal facilities, including: a Sewer Pipeline Easement, Exhibit 1, attached; a Utility
Easement, Exhibit 2, attached; and a Pedestrian Path Easement, Exhibit 3, attached
(collectively: the Easements); all of which are located in the County of Grand, State of
Utah. Grantor warrants good and sufficient title to the Easements.
2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easements, and
shall be entitled to utilize same for all purposes that are consistent with the rights
accorded to the Grantee under this deed. However, any improvements installed by
Grantor within or upon the Easements which interfere with the intended uses allowed to
Grantee, or which otherwise violate this deed may be subject to removal by Grantee,
without compensation or replacement.
3. Easement in Perpetuity; Abandonment. The Easements shall be binding upon the
parties and their respective successors and assigns in title, and the Easements shall burden
the subject real property of the Grantor in perpetuity, unless abandoned upon execution
and recording of a written notice of abandonment duly executed by Grantor and Grantee.
4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easements
and utilize vehicles and equipment as necessary for survey, construction, inspection,
maintenance, repair, or replacement, of any improvements constructed within the
Easements, or which may be constructed in the future. Grantee shall restore the surface
of the Easements to the approximate condition existing prior to disturbance following all
construction or maintenance activities. Grantee shall not be responsible for repair or
replacement of improvements installed by Grantor which encroach upon the Easement.
All construction, maintenance, or repair activities of the Grantee shall be undertaken at its
sole cost and expense.
1
Ent 525501 BIB 856 #g 326 4 335
Date: 26-JUL-2017 1 t :20 : 0201
Fee. NoneFiled By: JAC
JOHN AL.AN CORTE5 Recorder
GRAND COUNTY CORPORATION
For; MOAB CITY
a. Grantor shall be solely responsible for repair, replacement, or restoration of
any improvements within the Easements which may be damaged or altered as a
result of any act or omission of Grantor, its agents, employees, or contractors.
5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access
to the other party, or otherwise engage in any actions or conduct which would have the
effect of preventing or obstructing the uses authorized by the Easements.
6. Pedestrian Path Easement. The Pedestrian Path Easement shall be used by the Grantee
and members of the general public for purposes ingress/egress by pedestrians, bicyclists,
and others utilizing non -motorized vehicles. The Pedestrian Path Easement is intended to
be connected to other sidewalks, non -motorized pathways, and trails maintained by the
Grantee and used by the public. Grantor consents to the connection of the Pedestrian
Path Easement to other sidewalks, pathways, or trails held or maintained by Grantee.
Grantee shall be authorized to erect, repair, construct, or replace appropriate signage,
lighting, benches, railings, paving, and/or such other improvements as will facilitate the
intended use.
7. Utility Easement and Sewer Pipeline Easement. The Utility Easement shall be used by
the Grantee for the installation, maintenance, repair and/or replacement of municipal
underground utilities, including culinary water pipelines, electric lines, natural gas
pipelines and/or related or incidental facilities. The Sewer Pipeline Easement shall be
used by the Grantee solely for the installation, maintenance, repair and/or replacement of
a municipal wastewater pipeline and associated facilities. Grantee shall be authorized to
engage in any activities, or construct any improvements, within or upon the Utility
Easement and/or the Sewer Pipeline Easement which are consistent, necessary, or
incidental to these purposes.
8. Governing Law; Jury Waiver. This deed is governed by Utah law. The exclusive
venue for any dispute arising under this deed shall be the courts of Grand County, Utah.
Any dispute arising under this deed shall be heard by the court sitting without a jury,
regardless of the denomination of any such legal claims.
9. Remedies; Costs. Depending on the nature of the dispute, this deed may be enforced in
an action for specific performance, damages, or both. In any action seeking specific
performance or injunctive relief the moving party shall be entitled to obtain such relief
without the necessity of posting bond of any type. In any dispute arising under this deed
the prevailing party shall be entitled to recover its court costs and reasonable attorney
fees, in addition to any other relief.
10. Authority; Modification. This deed is a valid and binding obligation duly executed
after both parties have obtained the necessary authority. The terms of this deed are not
subject to modification, except upon execution of a writing duly executed by both parties
providing for such modification.
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Ent 525501 Bk 0856 Pg 0327
C+l.
JPK
Conveyed and agreed as of the date of execution by all parties, below.
-Remainder of Page Intentionally Left Blank -
DEED OF UTII J Y AND ACCES EASEMENTS
Signature Pa
Grantor:
JPK Moab I
By:
James Koehler, Member Date
ACKNOWLEDGMENT
The foregoing Deed of Access and Utility Easements was executed before me this
day of D._ec-en, 2015 by James P. Koehler, for and on behalf of the Grantor,
Moab II, LLC. Witness my hand and official seal. My commission expires:
Gt-t
Notary Pub ic, State of i-J-tati.4 lCc
Address: )311ps is -I .4,,t SE
�'7-t7crcPPr1 s- Qi
rantee:
City of
By:
Mayor David Salcrison
Attest:
B
RachefiSi6nt,i, Recorder
s uf:
„..
la -
tlr-ll�
Date
Ia—Us— Ito
Date
1.
'ACKNOWLEDGMENT
The foriggibeiDetd of Access and Utility Easements was executed before me this
!4l ay of ilaihdo.e.&r, 2016 by Grantee, the City of Moab, acting through Mayor
3
Ent 525501 Bk 0856 Fg 0328
David Sakrison. Witness my hand and official seal. My commission expires:
C�-I�000
RACHEL E. STENTA
Notary Publie
State of Mall
Comm. No. 579999
My Comm. Expires Dee 15. 201e
6ciaLp StolAA-6__
Notary Public, State of Utah.
Address: E
AA Mid , Litt ?)1-d S3<:.),
A
Ent 525501 Bk 0856 Pg 0329
1
1 EXHIBIT 1
N 00°05'13" E
30.1'
POINT OF
j BEGINNING
N
01 c-f
rn
Ln
O11
0
O
1
1
1
�5, 4'
N g4 °48 4
57.4,
1 SOUTN QUARTER
CORNER
SECTION 1
T26S, R21E
SLB&M
_ail_
CD III
`nI
am •
CD �
0
z
4J
0 CO
Ql •
O Cr)
o OD
V)
S 01 °49'46" W
13.24'
S 8 °07'00" W
4.34'
Ent 525501 Bk 0856 Rg 0330
EXHIBIT 1
Sewer Easement
A sewer line easement being more particularly described as:
Beginning at point on the center section line said point being N 00°05'13" E 1024.7 feet from the South
Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and
running thence N 00°05'13" E 30.12 feet along the center section; thence S 84°48'24" E 75.42 feet;
thence S 04°09'03" E 189.08 feet; thence S 30°25125" E 169.22 feet; thence S 01°49'46" W 13.24 feet;
thence S 85°07'00" W 14.34 feet; thence N 30'25'25" W 178.90 feet; thence N 04°09'03" W 166,63 feet;
thence N 84'48'24" W 57.41 feet to the point of beginning.
Ent 525501 Bk O856 Pg 0331
EXHIBIT 2
r
N 22°35'00" W N 84°00'00" E
4.62' 10.42'
yq; / / S 22°35'00" E
•/ 7.87'
�� ��•/ / S 41°08'181' W
57.54'
/ ` N 70°28'28" E
\NI 22.56'
S 19'31'32" E
14 f ° p31ti 20.00'
11
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I�
Ian
lm
40
4 I�
0
gel
� y m4
m�
0
z 14 v�3 �\
1�35\\ r
I 1 w \ \e7, �s
\ \.o 0`
1 l � o° \ \�
1 4 F� s,\ \
o �\ \
f 1 \ \
S 83°47'1: E \
L 96.27` \
EAST
154.75'
SOUTH QUARTER
4_
CORNER
SECTION 1,
T265, R21E,
SLIAM
S 30°25'25" E
15.03'
N 59°34'35" E
30.00'
N 835.7712" W
84.99,
POINT OF
BEGINNING
a
S
S 01°49'46" W
18.74'
5 01°49'46" W
11.201
S 85°07'00" W
19.93'
Ent 525501 Bk 0856 Pg 0332
EXHIBIT 2
Utility Easement
Beginning at a point North 0°05'13"East 698.53 feet along the section line and East 154.75 feet
from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base
and Meridian, and running thence North 83°47'12" West 84.99 feet; thence North 4°09'03" West
333.73 feet; thence North 41°08'18" East 75.92 feet; thence North 22°35'00" West 4.62 feet;
thence North 84°00'00" East 10.42 feet; thence South 22°35'00" East 7.87 feet; thence South
41°08'18" West 57.54 feet; thence North 70°28'28" East 22.56 feet; thence South 19'31'32" East
20.00 feet; thence South 70°28'28" West 43.11 feet; thence South 4°09'03'' East 173.99 feet;
thence South 30'25'25" East 15.03 feet; thence North 59°34'35" East 30.00 feet; thence South
30°25'25" East 143.01 feet; thence South 1'49'46" West 18.74 feet; thence North 30°25'25"
West 148.87 feet; thence South 59°34'35" West 32.35 feet; thence South 4°09'03" East 103.88
feet; thence South 83°47'12" East 96.27 feet; thence South 1°48'17" West 11.20 feet; thence
South 85'07'00" West 19.93 feet to the point of beginning.
Ent 525501 Bk 0856 Pg 0333
EXHIBIT 3
R=25.00'
L=19.63'
D=45 °00'00"
CH=N41 °04'03"E
CH L=19.13'
N 18°34'03" E
2.92'
R=5.00'
L=3.93'
D=45 °00'00"
CH=N41 °04'03 "E
CI f L=3.83'
,3q!0 �
N4-1
'3�p Ski
Ln 3"
o
z
AOINT OF
BEGINNING
1 SOUTH QUARTER
CORNER
SECTION 1,
T265, R21E,
SLB&M_ibie_
R=10.00'
L=12.83'
D=73°30'38"
CN=11149°06'23 "E
CH L=11.97!
EN 85°51141" E
46.97'
N85°51'41" W
° 41 6p 45.00'
R=1S.00'
L=11.78'
D=45 °00'00"
CH=S41 °Q4'03 "W
CH 1_=11,48'
N 18'34'03" E
2.92'
R=15.00'
L=11.78'
D=45 °00'00"
CH=S41 °04'03 "W
CH L=11.48'
N 12°21103" E
3.90'
S 74°31'39" E
/24.56' N 84°03'36" E
76°27`59't 13.5 " S 06'27'33" E
121_419 — l `�-1Q.OQ'
�— � `5'84°03'157
a" W
� ° 5 • j5 W
123.34'
N 74°31'39" W
17. 71'
R=20.00,
L=18.94'
D=54°14'55"
CH=S58°44'14"W
CH 1=18.24'
Ent 525501 Bk 0856 Pg 0334
EXHIBIT 3
Pedestrian Walkway Easement
Beginning at a point North 0°05'13"East 779.87 feet along the section line from the South
Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and
running thence North 0°05'13" East 11.18 feet; thence North 63°34'03" East 50.52 feet to a
point of curvature; thence 3.93 feet along a 5.00 foot radius curve to the left with a central angle
of 45°00'00" (chord bears North 41°04'03" East 3.83 feet); thence North 18°34'03" East 2.92 feet
to a point of curvature; thence 19.63 feet along a 25.00 foot radius curve to the right with a
central angle of 45°00'00" (chord bears North 41°04'03" East 19.13 feet); thence North
63°34'03" East 45,57 feet; thence North 85°51'41" East 46.97 feet to a point of curvature;
thence 12.83 feet along a 10.00 foot radius curve to the left with a central angle of 73°30'38"
(chord bears North 49°06'23" East 11.97 feet); thence North 12°21'03" East 3.90 feet; thence
South 74°31'39" East 24.56 feet; thence North 76'27'59" East 121.41 feet; thence North
84°03'06" East 13.57 feet; thence South 6°27'33" East 10.00 feet; thence South 84°03'06" West
13.00 feet; thence South 76°27'59" West 123.34 feet; thence North 74°31'39" West 17.71 feet
to a point on a curve; thence 18.94 feet along a 20.00 foot radius curve to the right with a
central angle of 54°14'55" (chord bears South 58°44'14" West 18.24 feet; thence South
85°51'41" West 45.00 feet; thence South 63°34'03" West 43.60 feet to a point of curvature;
thence 11.78 feet along a 15.00 foot radius curve to the left with a central angle of 45°00'00"
(chord bears South 41°04'03" West 11.48 feet); thence South 18'34'03" West 2.92 feet to a
point of curvature; thence 11.78 feet along a 15.00 foot radius curve to the right with a central
angle of 45°00'00" (chord bears South 41°04'03' West 11.48 feet); thence South 63°34'03" West
55.51 feet to the point of beginning.
Ent 525501 Ak. 0856 Pg 0335