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Home My Public Portal AboutCottontree Partners Utility EasementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 535181 Bk 886 P9 406— KO9 Date: 09-RUG-2019 4:40:36PM Fee: NoneFiled By: JAC JONN ALAN CORTES1 Recorder GRAND COUNTY CORPORATION For: MOAB CITY 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 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 permanent easement in the NE1/4 of the SW1/4 of Section 26, T25S, R21E 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 from the North Quarter comer of Section 35, Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence along grantor's west boundary North 31 °20'00" West 210.00 feet to a point on grantor's north boundary; thence along said boundary North 53°35'00" East 20.08 feet; thence South 31°20'00" East 210.00 feet to grantor's south boundary; thence along said boundary South 53°35'00" West 20.08 feet to the point of beginning, having an area of 4,200 square feet, 0.096 acres (the "Easement 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. Notwithstanding, Grantor may connect directly to the sewer line within the Easement Area at Grantor's sole cost and expense, but is subject to compliance with Grantee's ordinances and procedures regarding connection to the public sewer lines including, but not limited to, obtaining the applicable permit outlined in Chapter 13 of the City of Moab Municipal Code. Grantee agrees to waive the connection fee required under Chapter 13.08.050 of the City of Moab Municipal Code, but Grantor agrees to pay all 1 applicable impact fees and subsequent service fees required by Grantee. 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. 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. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 2 Ent 535181 Bk 0886 Pg 0407 Cottontree Partners Limited Partnership/City of Moab Utility Easement Signature Page, Contd. Grantor: COTT(ANTRE$ PARERS LIMITED PARTNERSHIP By: J SIst David J. Petersen, President STATE OF VA �1 County of Day) S ss. The foregoing Agreement was acknowledged and executed before me Partners Limited Partnership, acting by and through, David J. Petersen, I lb day of J V 11/41 , 2019. Witness my hand and official seal. AMY KEDDINGTON-MCCLURE Notary Public State of Utah COMMISSION # 700968 M Commission Expires June 19, 2022 Grantee: CITY OF MOAB By: Emily Niehaus, Mayor Attest: by Cottontree President. this Notary Puc, State of Utah Address: apt S . M 1 Y1 1 of . Fry f4- )-1-ei ft t,1b L 84401 My commission expires: co f I q! 2 Z. Date -End of Document- 3 Ent 535181 Bk 0886 Pg 0408 GIAMMATTEO INVESTMENTS LLC 01-120-0010 N 53°35'00" E 30.12' N 53°35'00" E 20.08' 20' SEWER LINE EASEMENT 30' TEMPORARY CONSTRUCTION EASEMENT S 53°35'00"W 20.08' POB SEWER EASEMENT I NO. 7540504 LUCAS BLAKE /16/19 . GRAPHIC SCALE 0 80 160 1" (INCH) = 80' (FEET) LEGEND OQ Property Corner COTTONTREE PARTNERS 01-128-0000 ti t)° •'1.4n� • 'Y • 1> Wit$ • $s • BOB TEMPORARY EASEMENT S 53°35'00" W 30.12' CASA DE AMIGOS LLC 01-1260006 �\ N} CORNER, SECTION 35, T25S, R21E, SLB&M (FOUND REBAR) EXHIBIT C 20' SEWER EASEMENT, 30' TEMPORARY CONSTRUCTION EASEMENT J Land Surveying 30 south 100 East Moab, UT 84532 435.259.8171 Project 067-18 Date 2/16/19 OE 1 �J Sheet 1 Ent 535181 gk 0886 Pg 0409