HomeMy Public PortalAboutRobb Sleep Inn Utility EasementWhen Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
Ent 525502 Bk 856 Pg 336 — 34 l
Date: 26-JUL-2017 11:23:00All
Fee: Hanel -lied By: SAC
JOHN ALAN CORTFS Recorder
GRAND COUNTY CORPORATION
For: MOAB CITY
DEED OF UTILITY EASEMENT
For good and valuable consideration, receipt of which is acknowledged, Chris Robb,
Shawn B. Robb, Betty Jo Robb, and Val Rob (collectively: Grantor) hereby grant and covey
the following easement to the City of Moab, a Utah municipality (Grantee), as follows:
1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive
easement for ingress/egress, construction, maintenance, repair, and replacement of
municipal facilities over and across the lands described in Exhibits A and B, attached,
situated in the County of Grand, State of Utah.
2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, 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 Easement which interfere with the intended uses or purposes, or which
otherwise violate this deed may be subject to removal by Grantee, without compensation
or replacement.
3. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the
parties and their respective successors and assigns in title, and the Easement 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
Easement, or which may be constructed in the future. Grantee shall restore the surface of
the Easement to the approximate condition existing prior to disturbance following all
construction or maintenance activities. All construction, maintenance, or repair activities
of the Grantee shall be undertaken at its sole cost and expense.
a. Grantor shall be solely responsible for repair, replacement, or restoration of
any improvements within the Easement which may be damaged or altered as a
result of any act or omission of Grantor, its agents, employees, or contractors.
1
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 Easement.
6. Sewer Pipeline Easement. The Easement shall be used by the Grantee for the
installation, maintenance, repair and/or replacement of a municipal underground sewage
pipeline, including incidental surface facilities such as manholes, inlets, cleanouts, or the
like. Grantee shall be authorized to engage in any activities, or construct any
improvements, within or upon the Easement which are consistent, necessary, or
incidental to these purposes.
7. 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.
8. 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.
9. 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.
Conveyed and agreed as of the date of execution by all parties, below.
Grantor:
Chris Robb
By:
Shawn B. Robb
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Ent 525502 Bk 0856 Pg 0337
Robb/ _oar l EED OF1JTII .L Y EASEMENT
By:
Date
ACKNOWLEDGMENT
The foregoing Deed of Utility Easement was executed before me this (Irk day of
CP111 dor- , 2016 by Chris Robb, Shawn B. Robb, and Betty Jo Robb. Witness
my hand and official seal. My commission expires: Li- 1_9 - 22Di1_
JACQUELINE MUIR
ROTARY PUBLIC - STATE OF UTAH
My Comm. Exp. 04106/2019
Commission # 682514
Grantee
City of ; oab
By:
Mayor David Sakrison Date
No Public, Sta of Utah.
Address: .p,Lj r D(
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Ent 525502 Etk 0856 Pg 0338
Robb/Moab DEED OF UTILITY EASEMENT
Signature Page, Contd.
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.Rachel Stenta, R_.ec c er
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Date
ACKNOWLEDGMENT
The foregoing Deed of Utility Easement was executed before me this ICjtay of
j m , 2016 by Grantee, the City of Moab, acting through Mayor David
Sakrison. Witness my hand and official seal. My commission expires:
RACHEL E. STENTA
Notary Public
State of Utah
Comm. No. 679999
My Comm. Ewa! Dee 15, 2011
Exhibits A and B follow.
ctz2.(J
Notary Public, State of Utah.
Address: o? 17 -E Cf2.Qll,
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Ent 525502 Bk 0856 P'g 0339
Exhibit A
A 30-foot-wide sewer fine 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 84°48'24" W 87.51 feet; thence N 02°27'23" W 30.27 feet; thence 5 84°48'24" E 88.86
feet; thence S 00°05'13" W 30.12 feet along the center section line to the point of beginning.
Ent 525502 Bic 08,5.,E Pg 0340
N 02'27'23" W
30.27'
S 84'48'24" E
88.86'
EXHIBIT B
5 00°05' 13" W
30.12'
N 84°4$ 24 ' \ POINT OF
87.51'
BEGINNING
S 00°05 23 W
67
SOUTH QUARTER
4_
CORNER
SECTION 1,
T26S, R21E,
SLB&M
Ent 525502 0856 Pg 0341