HomeMy Public PortalAboutCottontree Partners Temp EasementEnt 535182 Bk 886 Pi 410 — 413
Date: 09-AUG-2019 4:41:37PM
When Recorded Mail to: Fee: NoneFiled By: JAC
JOHN ALAN CORTES Recorder
CityofMoab Forr: MOABNTY CITYOR�ORATION
217 East Center Street
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
Cottontree Partners Limited Partnership, an Idaho limited partnership, the owner of record,
("Grantor"), and the City of Moab, a municipal corporation ("Grantee"). In consideration of the
mutual promises and obligations contained herein, 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 NE '/o 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 grantor's boundary said point being North 41°32'09" West
1793.86 feet and North 53°35'00" East 20.08 feet from the North Quarter corner of
Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and
running thence North 31°20'00" West 210.00 feet to grantor's north boundary;
thence along said boundary North 53°35'00" East 30.12 feet; thence South
31 °20'00" East 210.00 feet to grantor's south boundary; thence along said boundary
South 53°35'00" West 30.12 feet to the point of beginning, having an area of 6,300
square feet, 0.145 acres
(the "Easement Area").
2. Purpose. This Agreement is granted for the purpose of installing and constructing
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. 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. Warranty of Title and Authority. The 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.
7. 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.
8. 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.
9. 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.
10. 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 Cottontree Partners Limited Partnership
Attn: City Manager Attn: David J. Petersen
217 East Center St. 1030 North 300 East
Moab, UT 84532 P.O. Box 540533
North Salt Lake, UT 84054
This Agreement is binding and effective as of the date(s) of execution by the parties, below.
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Ent 535182 Bk 0886 Pg 0411
Cottontree Partners Limited Partnership/City of Moab Temporary Utility Easement
Signature Page, Contd.
Grantor:
COTTONTREE PART RS LIMITED PARTNERSHIP
By: {�--
David J. Petersen. President
STATE OF UTAH
COUNTY OF DAV 1 S
SS.
The foregoing Agreement was acknowledged and executed before me by Cottontree Partners
Limited Partnership, acting by and through, David J. Petersen, President, this iff *day of
3-0 , 2019.
Witness my hand and official seal.
Grantee:
CITY OF OAB
By:
Emily Niehaus, Mayor
Attest:
AMY KEDDINGTON-MCCLURE
�,--i Notary Public
State of Utah
COMMISSION # 700968
M Commission Expires June 19, 2022
Notary Public, State of Utah
Address:514 S. rdl
4i.ert � �031
My commission expires: �p 2.0 Z.2.
(h'141
Sommar Johnson. Recorder Date
-End of Document-
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Ent 535182 Bk 0886 Pg 0412
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N 53°35'00" E
20.08'
20' SEWER LINE
EASEMENT
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NO. 7540504
LUCAS
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GIAMMATTEO INVESTMENTS LLC
01-126-0010
GRAPHIC SCALE
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LEGEND
QQ Property Corner
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TEMPORARY EASEMENT
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Ni CORNER, SECTION 35,
T25S, R21 E, SLB&M
(FOUND REBAR)
EXHIBIT C
20' SEWER EASEMENT,
30' TEMPORARY CONSTRUCTION
EASEMENT
Land Snrveydng
30 South 100 East
Moab, Ur 84632
435.259.8171
Project 067-18�
Date 2/16/19
Sheet 1 of 1 J
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Ent 535182 Bk 0886 Pg 0413