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Home My Public Portal AboutScherer Slot Canyon Utility EasementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 EXHIBIT 4. DEED OF UTILITY EASEMENT Ent 525503 Bit 856 Pg 342 — 345 Date: 26-JUL-2017 11 :25:44ACl Fee: NoneFiled By: JAC J'OHN ALAN CORTESt Recorder GRAND COUNTY CORPORATION For: MOAB CITY DEED OF UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Patrick M. Scherer (Grantor) hereby grants and coveys 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 below in the County of Grand, State of Utah as more particularly depicted in Exhibit A: THE RIGHT-OF-WAY IS DESCRIBED AS A 10.00 FOOT WIDE UTILITY EASEMENT CENTERED ON A LINE BEGINNING AT A POINT THAT IS MORE OR LESS NORTH 03°48'20" WEST 102.42 FEET OF A POINT THE BEARS NORTH 53°22'00" WEST 1,1 12.90 FEET FROM THE CENTER QUARTER CORNER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 81 °45'20" WEST 48.70 FEET MORE OR LESS. Property Address: 255 Williams Way, Moab, UT 84532, Parcel No. 010010201. 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 permanent 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 Easement 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. The right of entry may include 1 incidental contact with lands outside of the description in Exhibit A. 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 far 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. 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. S. 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. 2 Ent 525503 Bk 0856 Pg 0343 Scherer/Moab Deed of Easement, Signature Page Grantor: Patrick M. Scherer 7 fv\V- ? k Date ACKNOWLEDGMENT The foregoing Deed of Utility Easement was executed before me this 2- day of hirct„ , 2017 by Patrick M. Scherer. Witness my hand and official seal. My commission expires: 5 f o f 7.0 h g . DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: May 20, 2018 Comm. Number: 676233 Grantee: - City ofVloab By: Notary Public, State of Utah. Address: ktftc...b , OA 21 11-70/7 Mayor David Sakrison Date At.te.st; J e! Rachel .Stenta,ebrder By: • The foregoing Deed of Utility Easement was executed before me this Z1 day of 1Nt1it\r , 2017 by Grantee, the City of Moab, acting through Mayor David Sakrison. Witness my hand and official seal. My commission expires: JAMIE FHULCE Nota:y Public - State of Utah Comm. No. 692781 My Commission Expires an Feb 2, 2021 Date ACKNOWLEDGMENT Nary Public, State of Utah. Address: e_l 7 Mow() .5 c6-t-153Z 3 Ent 525503 Bk 0856 Pg 0344 ~ 40 20' 48.77 P013 EXHIBIT A 'Y 7CV �f `90' v EASEMENT LEGAL DESCRIPTION: THE RIGHT—OF-WAY IS DESCRIBED AS A 10.00 FOOT WIDE UTILITY EASEMENT CENTERED ON A LINE BEGINNING AT A POINT THAT IS MORE OR LESS NORTH 03'48'20" WEST 102.42 FEET OF A POINT THE BEARS NORTH 53°22'001' WEST 1,112,90 FEET FROM THE CENTER QUARTER CORNER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 81'45'20" WEST 48.70 FEET MORE OR LESS. CENTER QUARTER CORNER SEC 1, T26S, R21 E, SLBM 4 SCALE: NONE Ent 525503 Ak 0856 Pg 0345