HomeMy Public PortalAboutBierschied Recorded Easement 06-21-2017Ent 5255€ 6 Bic 856 Pg 623 — 6,27
Dates 01-AUG-2017 10a2 :52AN
Fee: NoneFiled By: JAC
JOHN ALAN CORTES Recorder
GRANT} COUNTY CORPORATION
For: MOAB+ CITY
DEED OF EASEMENT AND AGREEMENT
This Deed of Easement and Agreement (the Easement) is entered into as of the
date set forth below by and between:
David Bierschied
301 South 400 East
Moab, Utah 84532
(Grantor),
and
the City of Moab
217 East Center Street
Moab, Utah 84532
(Distributor).
In in consideration of the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS
($7,500.00) and other good and valuable consideration, the receipt of which is acknowledged,
the Grantor hereby grants and conveys to the Distributor, its successors and assigns, a utility
easement as set forth below.
1. Purpose. The Easement shall allow the Distributor the sole, exclusive, and permanent
right to enter, re-enter, occupy and use the described property to construct, maintain, repair,
replace, remove, enlarge and operate one or more water pipelines and all underground and
surface appurtenances thereto, including electric or other related control systems, underground
cables, wires and connections and surface appurtenances. By way of example and not by way of
limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the
following: mains and conduits, valves, vaults, manholes, control systems, ventilators, and the
like, in, through, over and across the following described parcel of land in the County of Grand
and State of Utah:
A 30-foot wide water line easement being 10 feet Northeast and 20 feet Southwest of an existing
water line being more particularly described as:
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Beginning at a point South 00° 24'05" West 1241.2 feet along the section line and South 00° 08'07"
West 28.00 feet from the West Quarter corner of Section 6, Township 26 South, Range 22 East, Salt
Lake Base and Meridian, and running thence South 18° 20'31" East 109.84 feet, thence North 86°
45'53" west 32.26 feet, thence North 18° 20'31" West 8.20 feet, thence North 00° 08'07" East 94.66
feet to the point of beginning.
2. Access. It is mutually agreed that the Distributor shall have and exercise the right of ingress and
egress in, to, over, through and across the Easement for any purpose needful for the full enjoyment of any
other right of occupancy or use provided for herein. The Distributor shall have the right to construct and
maintain an all-weather roadway of varying width, as needed in the opinion of the Distributor, along the
length of the Easement. Both parties agree that the purpose of this roadway is to allow the Distributor
vehicular access. The Easement area shall kept free of obstacles throughout its length. Due to variations
in topography, the Easement and the pipe may take on an uphill or downhill direction having a slope of
greater than 4%; however, sloping within the Easement across its width may not exceed 4% to insure
stability of maintenance equipment and vehicles. A slope across the width of the Easement greater than
4% may be allowed upon prior written agreement of the Distributor.
3. No Encroaching Improvements by Grantor; Removal. The Grantor shall not construct or place
any structure or building, fence, retaining wall, street light, power pole, yard light, mail box, sign, trash
receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of
the above described Easement. Any encroaching improvement of any kind situated on the Easement as of
the date of this Agreement, or at any later time, may be removed by the Distributor without compensation
to any other person.
4. Environmental Matters. The Grantor, for itself, its successors and assigns, shall provide to the
Distributor any information within its possession about past and currently existing Environmental
Contamination in the Easement. Such information shall include but not be limited to environmental
studies, reports, samples, agreements, liens, letters and any remediation work that has been done or is
ongoing to clean the area or is planned to occur. If contaminated soils exist in the Easement upon the
effective date of this conveyance for which the Grantor or its successors or assigns are responsible under
applicable state or federal laws, the Grantor, at Grantor's sole expense, shall take Corrective Action to
remediate all such contamination to the full width of the Easement area in accordance with all compliance
orders, approved clean-up plans, or other directives of State of Utah or federal environmental agencies.
5. Environmental Indemnity. The Grantor, for itself, its successors, and assigns, shall indemnify the
Distributor against any liability, damages, costs, expenses, causes of action, claims, losses, settlements,
fines and penalties, and reasonable attorneys' fees claimed against the Distributor relating to the
existence, mitigation, or remediation of Environmental Contamination in the Easement. As used in this
Easement, "Environmental Contamination" means the presence within the Easement area of any
hazardous material, including but not limited to, solid wastes, any substances defined as or included in the
definition of hazardous substance, hazardous material, or toxic substances under applicable State of Utah
or federal environmental laws or regulations.
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6. Construction Standards. The water pipeline and all appurtenances shall be installed in a
workmanlike manner in accordance with then current Distributor engineering standards. All
such improvements shall be maintained by the Distributor.
7. Existing Fencing. Fencing existing at the time of execution of this Easement which is
disturbed or destroyed by the Distributor or its agents in constructing its facilities shall be
replaced by the Distributor to its original condition as nearly as practicable; however, the Grantor
shall not construct new fencing across or within the Easement.
8. Obligation of Support. The Distributor shall have and exercise the right of subjacent and
lateral support to whatever extent is necessary or desirable for the full, complete and unmolested
enjoyment of the rights hereinabove described. It is specifically agreed between the parties that
the Grantor shall take no action which would impair the earth cover over, or the lateral or
subjacent support for any water pipeline or lines and appurtenances within the easement.
Grantor shall assure that no less than four and one-half feet and no more than ten feet of earth
cover, measured vertically from the top of any pipeline or lines remains in place. Deviation from
this requirement will be permitted only upon specific prior, written permission from the
Distributor. If any earth moving activities undertaken by the Grantor require alterations to any
pipeline facility, such alteration shall require advance written approval of the Distributor and all
such work shall be performed at the Grantor's expense.
9. Restoration of Surface. After construction of any water pipeline or lines, the general
surface of the ground, except as necessarily modified to accommodate appurtenances, shall be
restored, as nearly as is reasonable, to the grade and condition existing immediately prior to
construction. Topsoil shall be replaced in cultivated areas, and any excess earth resulting from
installations by the Distributor shall be removed from the Easement at the sole expense of the
Distributor. The Distributor agrees that for a period of one year following construction which
involves disturbance of the surface of the ground, the Distributor will maintain the surface
elevation and quality of the soil by correcting any settling or subsiding that may occur as a result
of the work done by the Distributor.
10. Grantor Use Retained, Subject to Rights of Distributor. The Grantor retains the right to
the undisturbed use and occupancy of the Easement, except that any such occupancy and use
must be consistent with and not impair the rights provided to Distributor under this Easement.
11. Abandonment. This Easement shall only be deemed abandoned upon lawful execution
and recording of a written grant by Distributor conveying and abandoning this Easement.
12. 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 Distributor
in the exercise of its rights hereunder against any defect in Grantor's title to the lands subject to
this Easement.
Ent 525566 Bk 0856 Pg 0625
13. Binding in Perpetuity. This Easement shall bind the subject property in perpetuity, and
every one 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.
14. 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 shall be duly executed
by both parties.
15. 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.
16. 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.
below.
This Easement is binding and effective as of the date(s) of execution by the parties,
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Ent 525566 Bk 0856 Pg 0626
Bierschied/City of Moab Utility Easement
Signature Page
David Bierschied
STATE OF UTAH
COUNTY OF GRAND
The foregoing Easement was
2. I day of
Distributor:
) ss.
acknowledged and executed before me by David Bierschied this
, 2017. Witness my hand and official seal.
L. 14.1)11.--c.„
Notary Public, State of Utah
Address: ice. ox 1,, 5
DEENA WHITMAN
Notary Public State of Utah
My Commission Expires on:
October 13, 2019
Comm. Number: 635430
By:
David L. Sakrison Mayor of the City of Moab
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Ent 525566 Bk 0856 Pg 0627