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Home My Public Portal AboutNature Conservancy Temporary EasementWhen Recorded Mail to: Ent 535721 Bk 888 Pi 819 5?2`3 Date: 25-SEP-2019 12-:27:51PM City of Moab Fee: NoneFiled By: GKW y JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION 217 East Center Street For: CITY OF MOAN Moab, UT 84532 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT THIS TEMPORARY CONSTRUCTION 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 Utility 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 temporary construction easement in the SE 1/4 of the SW 1/4 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 and North 75°39'00" East 23.11 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 105.73 feet to grantor's north boundary; thence with said boundary North 72°55'00" East 33.68 feet; thence South 45°09'44" East 107.60 feet to Gardiner Properties Moab LLC north boundary; thence with said boundary South 75°39'00" West 34.60 feet to the point of beginning, having an area of 3,170 square feet, 0.07 acres (the "Easement Area"). 2. Purpose. This Agreement is granted for the purpose of establishing, installing, and constructing sewer sanitary 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. This includes but is not limited to, the transport and storage of construction material, soil, equipment, and vehicles. 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. Temporary Easement. This Agreement shall be temporary in duration, commencing upon the date of execution of this Agreement and continuing for the duration of the construction project, but not to exceed January 1, 2021. After construction and restoration is complete, Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising the same. 1 4. 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. 5. 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, the Grantee shall remove all equipment and materials from the Easement Area. 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, 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: 1) 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. The Grantor warrants that he 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. 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. 11. 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. 12. 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 2 Ent 535721 Bk 0888 Pg 0820 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. 13. 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 Agency 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 535721 Bk 0888 Pg 0821 The Nature Conservancy/City of Moab Temporary Utility Easement Signature Page, Contd. Grantor: The Nature Conservancy, a District of Columbia non-profit corporation The Nature Conservancy By: Dave Livermore, Utah State Director STATE OF UTAH COUNTY OF SALT LAKE ) ss. The foregoing Agreement was acknowledged and executed before me by The Nature Conservancy, acting by and through, Dave Livermore, Utah State Director this 1441 day of 5 , 2019. Witness my hand and official seal. My commission expires: / D • 3 • 2012 KARA BUTTERFIELD NOTARY PUBLIC. STATE OP UTAH My Comm. Exp.10/03/2021 Commission # 697490 Grantee: By: Emily Niehaus, Mayor of the City of Moab \\°t,:t4c//p„ y Soinmar Johct Soigecorder Notary Pub, ic, State of Utah Address:•l lag K-� S6.r , (AT s g05 di -End of Document- 4 °I-11 Date Ent 535721 Bk 0888 Pg 0822 S i i i MOAB LODGING LLC 01-126-0005 N 72°55'00" E 22.45' 20' SEWER LINE EASEMENT 1,5° NA L. •......_ '9 ;- a %% NO. 7540504 LUCAS BLAKE . 4/3/19 ..• ........... GRAPHIC SCALE N 72°55'00" E 33.68' s \ s "s0\\\16. \ \Fsb 0- \ \ F /y, FQ., \ \FV'' F \ \F'' \ F 70,\ \1L \ 706, .00 \ \70y \..> \ \ v \ \ _/ \ 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' Ni CORNER, SECTION 35, \ T25S, R21 E, SLB&M (FOUND REBAR) Ent 535721 Bk 0888 Pg 0823 RED DESE EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT J \Sheet 1 0F 1 l/ Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project 067-18-\ Date 4/3/1 9