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Home My Public Portal AboutNature Conservancy Utility EasementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 s Ent 535720 Bk 888 Pi 814 Date: 25-SEP-2019 1F:25:28PM Fee: NoneFiled By: GKW JOHN ALAN CORTES1 Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB 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 The Nature Conservancy, a District of Columbia non-profit corporation, the owner of record, ("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the mutual promises and obligations contained herein and Six Thousand Dollars ($6,000.00) which is consideration for this Agreement and the Temporary Construction Easement and Agreement signed concurrently with this Agreement, 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 easement in the SE '/a of the SW '/a of Section 26, T 25 S, R 21 E SLB&M, Moab City, Grand County, Utah: Beginning at a point on Gardiner Properties Moab LLC north boundary said point being North 48°30'02" West 719.70 feet from the North Quarter corner of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 45°09'44" West 104.48 feet to grantor's north boundary; thence with said boundary North 72°55'00" East 22.45 feet; thence South 45°09'44" East 105.73 feet to Gardiners Properties Moab LLC north boundary; thence with said boundary South 75°39'00" West 23.11 feet to the point of beginning, having an area of 2,082 square feet, 0.05 acres (the `Basement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, constructing, maintaining, enlarging, and repairing sanitary 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. 1 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. All restoration work within or upon the Easement Area shall be undertaken at the sole cost of Grantee. Upon completion of the restoration, Grantee shall remove all restoration equipment and restoration materials from the Easement Area. 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. Release. Grantee releases Grantor and all of Grantor's agents, officers, and directors from any and all liabilities, damages, claims, suits, and actions of any kind regarding this Agreement, and Grantor agrees not to make a claim of any kind against or sue or attach the property of such parties for, any damage, injury, illness, or death of persons or damage to or destruction of property or for any other harm arising from Grantee's activities on, presence on, or use of the Easement Area or Grantor's property unless caused by the negligence or willful misconduct of Grantor. 7. Warranty of Easement Area. Grantor makes no express or implied warranty or representation concerning: i) the safety, condition, or suitability of the Easement Area for any purpose or of Grantor's property for any purpose; ii) the accuracy or completeness of any map or survey of the Easement Area or of Grantor's property; or iii) the safety, condition, suitability, or location of any easement, right-of-way, road, facility, building, structure, or improvement on the Easement Area or on Grantor's property. 8. Warranty of Title and Authority. Grantor warrants that it 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. 9. Liens or Encumbrances. Grantee will promptly remove from title to Grantor's property any liens or encumbrances that are recorded or issued as a result of Grantee's activities under the Agreement. 10. 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. 11. 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. 12. 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. 2 Ent 535720 Bk 0888 Pg 0815 13. 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. 14. 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 The Nature Conservancy Attn: City Manager Attn: Land Protection Department 217 East Center St. 559 East South Temple Moab, UT 84532 Salt Lake City, UT 84102 This Agreement is binding and effective as of the date(s) of execution by the parties, below. SIGNATURE PAGE TO FOLLOW 3 Ent 535720 Bk 0888 Pg 0816 The Nature Conservancy/City of Moab Utility Easement Signature Page, Contd. Grantor: The Nature Conservancy, a District of Columbia non-profit corporation he Nature Conservancy By: Dave Livermore, Utah State Director STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) The foregoing Agreement was acknowledged and executed before me by The Nature Conservancy, acting by and through, Dave Livermore, Utah State Director this ! /±1.- day of 54,p , 2019. Witness my hand and official seal. My commission expires: KARA BUTTERFIELD NOTARY PUBLIC • STATE OF UTAH My COMM. Exp.10/03/2021 Commission # 697490 Grantee: By: .,ok EillYIjli)i,iehaus, Mayor of the City of Moab \�\ h j ,• t at-kit*n, Recorder i!llittttt\ \ = `0,3.2aZt Notary Public, State of Utah Address: gg108 flint ai. su , 8 i, p 9 y ' -End of Document- Date Ent 535720 Bk 0888 Pg 0817 S / i MOAB LODGING LLC 01-126-0005 N 72°55'00" E 22.45' NO. 7540504 LUCAS BLAKE . 4/3/19 \ N 72°55'00" E 33.68' LP \ \ \ tS Qso\ • AC\�/QF\ \76 v- \ F 'o,>\ \01\ \0S0 s0 \ \\�R 20' SEWER LINE EASEMENT s GRAPHIC SCALE / POB SEWER EASEMENT S 75°39'00" W 23.11' 0 60 120 1" (INCH) = 60' (FEET) \ NATURE CONSERVANCY 01-126-0004 30' TEMPORARY CONSTRUCTION EASEMENT POB TEMPORARY EASEMENT GARDINER PROPERTIES MOAB LLC 01-126-0020 S 75°39'00" W 34.60' r Ni CORNER, SECTION 35, \ \ T25S, R21 E, SLB&M Ent 53572(f IONIEM*0818 RED DBE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18'\ Date 4/3/19 J \Sheet 1 of 1 J