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Home My Public Portal AboutWang Organization Sewer and Storm Water Drainage EasementtU = f- PV. 0m N 0 4. The easement and all provisions herein shall run with and burden the property in ° u perpetuity, and shall be binding upon both parties, their successors and assigns. The =1v" easement shall be for the use and benefit of Grantee. Grantor, their successors and assigns, 112 NW YU L.t. _ r may use the easement surface for purposes not inconsistent with the use by Grantee 41- 0 E E CJ= including landscaping, providing in no instance shall any permanent structures be o constructed or placed so as to encroach upon the easement boundaries. Any permanent or W 2 p other structure encroaching may be removed by Grantee without compensation. wI-V N:"LN “Q wa i E u. L CO 5. Grantee shall be entitled to disturb the soil and remove vegetation within the easement incident to its permitted activities. If Grantee disturbs the grass or other landscaping after Grantor's property is developed Grantee shall replace the grass or other landscaping at EASEMENT AGREEMENT This Agreement is made and entered into this ; ) day of �5 , 2004 by and between The Wang Organization (hereinafter "Grantor") and the city of oab, a Utah municipal corporation (hereinafter "Grantee"). AGREEMENT 1. Grantor, in consideration of compensation and services described herein, hereby grants and conveys to Grantee perpetual non-exclusive easements over, across and under the following described land in the County of Grand, State of Utah, as follows: SEWER AND STORM WATER DRAINAGE EASEMENT AND RIGHT-OF-WAY, 15.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT WHICH BEARS N. 13°52'E 3473.6 FT. FROM THE SOUTH % CORNER SECTION 35, T 25 S, R21 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N 0°06'W 173.0 FT. TO THE NORTH LINE OF WANG, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.81 ACRES, MORE OR LESS. AND BEGINNING AT A POINT WHICH BEARS N 10°33'E 4617.7 FT. FROM THE SOUTH ''A CORNER SECTION 35 T 25 S,1221 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N. 42°09'E 678.1 FT. TO THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 191, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.47 ACRES, MORE OR LESS. 2. Grantor warrants clear and unencumbered title to the land conveyed herein. 3. The purpose of the easement shall be for the installation, maintenance, construction, operation, improvement of new and future sewer facilities, including sewer connection lines, manholes and other underground appurtenant facilities for the collection of sewage and its transmission through and across the property of Grantor, along with underground storm water conveyance structures. Al utilities and other facilities installed in the easement shall be underground. OF Grantee's expense, but it shall use reasonable care to prevent damage to adjacent lands of Grantor. 6. Grantee agrees to connect the Motel 6 property to the new sewer line, at Grantee's expense. See the route on Map "B" attached here to, agreed to and signed by both parties. If the seller asks for a larger diameter sewer line or to change the route differently, or for more manholes to be added, the price will change accordingly. 7. Grantee agrees to pay Grantor $40,958 in exchange for the sewer easement. 8. This is not a road easement, however, Grantee agrees that if Grantee ever obtains a road easement, and constructs an arterial road on the property subject to this easement, Grantee shall provide for drive cuts needed for Grantor's property. Grantee agrees that construction of an arterial road would entail installation of appurtenant curb, gutter and sidewalk. 9. Grantee agrees to facilitate with the Utah Department of Transportation and Grantor installation of appropriate future storm water drainage improvements that will convey storm water across Grantor's property within a storm water drainage conveyance in the easement. 10. This easement may not be terminated by non-use absent an intention by the Grantee, expressed in writing to the Grantor, to abandon the easement. Grantee shall be entitled to assign this easement to a successor municipality, special district, or like entity without extinguishing same. 11. In the event of any breach of the covenants contained herein, the aggrieved party shall be entitled to seek injunctive relief in any court of competent jurisdiction. In any such action, the substantially prevailing party shall be entitled to recover reasonable attorney fees and court costs as set by the court in addition to any other relief awarded by the court. 45� - Signed and delivered this ,- 'J day of 1 , 2004. STATE OF UTAH ) ss. County of Grand ) 14- On the ds--day of LA-S , 2004, J. J. Wang, Managing Member of the Wang Organization personally appeared before me and duly executed and acknowledged the above easement grant. Witness my hand and official seal. '" �..""'rNatAr Fuaud I BRYAN ILLIAMTORGERSON 4 North Main Moab, UT 84532 r.1y Commission flxpr.es March 13.20 Stale o1 Utah otaty Public, State of Utah ddress: ii1ki h . act t� y Commission Expires: Akv (31. E .4649 3 B Q6.32 P 353 08/24/2004 11:18 4352594 CITY OF MOAA PAGE 04 GRANTEE: City of Moab, a Utah municipal corporation. CITY oofMOAB nn Rachel Ellison, dty� or4, w c f . • •.. \ ,. ,s Q Mayor David L. Salaison �;�...!l (r . ATTEST: c, J • ; j) E 464933 F 0632 P 354 EASEMENT AGREEMENT This Agreement is made and entered into this 09511-day of , 2004 by and between The Wang Organization (hereinafter "Grantor") and the cityofGoab a Utah municipal corporation (hereinafter "Grantee"). AGREEMENT 1. Grantor, in consideration of compensation and services described herein, hereby grants and conveys to Grantee perpetual non-exclusive easements over, across and under the following described land in the County of Grand, State of Utah, as follows: SEWER AND STORM WATER DRAINAGE EASEMENT AND RIGHT-OF-WAY, 15.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT WHICH BEARS N. 13°52'E 3473.6 FT. FROM THE SOUTH'/, CORNER SECTION 35, T 25 S, R21 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N 0°06' W.173.0 FT. TO THE NORTH LINE OF WANG, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.81 ACRES, MORE OR LESS. 17, aU/ tea J-4- IWO �t -17 AND BEGINNING AT A POINT WHICH BEARS N 10°33'E 4617.7 FT. FROM THE SOUTH 1/4 CORNER SECTION 35 T 25 S, R21 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N. 42°09'E 678.1 FT. TO THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 191, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.47 ACRES, MORE OR LESS. 2. Grantor warrants clear and unencumbered title to the land conveyed herein. 3. The purpose of the easement shall be for the installation, maintenance, construction, 0.1 operation, improvement of new and future sewer facilities, including sewer connection 117 14 lines, manholes and other underground appurtenant facilities for the collection of sewage and its transmission through and across the property of Grantor, along with underground storm water conveyance structures. Al utilities and other facilities installed in the CU E 5 z easement shall be underground. a. a P; L • 4. The easement and all provisions herein shall run with and burden the property in � C. • perpetuity, and shall be binding upon both parties, their successors and assigns. The o o easement shall be for the use and benefit of Grantee. Grantor, their successors and assigns, mN l. = � � may use the easement surface for purposes not inconsistent with the use by Grantee 'mu o o E (i z including landscaping, providing in no instance shall any permanent structures be C. W Q 3 constructed or placed so as to encroach upon the easement boundaries. Any permanent or 0 W -o2 A other structure encroaching may be removed by Grantee without compensation. A.N-J W Z N-p OJCL'.-. FQ W ; ,_ _ �,° 0 5. Grantee shall be entitled to disturb the soil and remove vegetation within the easement incident to its permitted activities. If Grantee disturbs the grass or other landscaping after Grantor's property is developed, Grantee shall replace the grass or other landscaping at 10/06/2004 10:50 435259 KEOGH LAND SURd PAGE 02 WANG EASEMENTS & RIGHT-OF-WAY A 30.0 FT. WIDE STREET & UTILITY RIGHT-OF-WAY, FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT WHICH BEARS N 13.5 SOUTH 1/4 CORNER SECTION 35, T 25 S THENCE WITH SAID CENTERLINE N 0° WANG, THE TERMINUS OF THIS CENTER MORE OR LESS. 15.0 F . EACH SIDE OF THE 3473.6 FT. FROM THE B & M, AND PROCEEDING . TO THE NORTH LINE OF N AND CONTAINING 0.81 ACRES, A 50.0 FT. WIDE TEMPORARY CONSTRUCTION EASEMENT ADJACENT EASTERLY TO THE ABOVE DESCRIBED RIGHT-OF-WAY. A 50 FT. WIDE TEMPORARY CONSTRUCTION EASEMENT, 25.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT WHICH BEARS N 14'30'E 3483.4 FT. FROM THE SOUTH 1/4 CORNER SECTION 35, T 25 S, R 21 E. SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N O'05'W 1217.2 FT. TO THE NORTH LINE OF WANG, THE TERMINUS OF THIS CENTERLINE DESCRIPTION. SAID 50 FT. WADE TEMPORARY CONSTRUCTION EASEMENT WILL AUTOMATICALLY BE VACATED UPON COMPLETION OF THE SEWER LINE CONSTRUCTION WITHIN THE ABOVE DESCRIBED RIGHT-OF-WAY. A 30.0 FT. WIDE SEWER LINE EASEMENT, 15.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT WHICH BEARS N 10°33'E 4617.7 FT. FROM THE SOUTH 1/4 CORNER SECTION 35, T 25 S. R 21 E. SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N 42' OWE 678.1 FT. TO THE WESTERLY RIGHT--OF- 10/06/2004 10:50 43525 KEOGH LAND SLRVPAGE 01 KE'OGH LAND SURVEYING REGISTERED LAND SURVEYORS 45 E. Center • P.O. Box 396 MOAB, UT. 84532 (436) 259-8171 Phone & Fax FAX TRANSMITTAL COVER SHEET TO WHOM S2,1449 FROM COMPANY nAtra FAX • 9151 DATE Ai— P— TIME Number of pages, including cover sheets a Regarding: )12 Message: CL z` l6 ..s=' t1tt, Get-.aC • 4-4t LOX- - 5").-te.A-vGL. � .G % 1 te92,--tc 2.7 tote r- Original sent by: U.S. Mail _ Cert. Mail Not Sent ALASKA ARIZONA COLORADO UTAH WYOMING EASEMENT AGREEMENT This Agreement is made and entered into this ,% kday of K , 2004 by and between The Wang Organization (hereinafter "Grantor") and the city of oab, a Utah municipal corporation (hereinafter "Grantee"). AGREEMENT 1. Grantor, in consideration of compensation and services described herein, hereby grants and conveys to Grantee perpetual non-exclusive easements over, across and under the following described land in the County of Grand, State of Utah, as follows: SEWER AND STORM WATER DRAINAGE EASEMENT AND RIGHT-OF-WAY, 15.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT WHICH BEARS N. 13°52'E 3473.6 FT. FROM THE SOUTH'/4 CORNER SECTION 35, T 25 S, R21 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N 0°06'W 173.0 FT. TO THE NORTH LINE OF WANG, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.81 ACRES, MORE OR LESS. AND BEGINNING AT A POINT WHICH BEARS N 10°33'E 4617.7 FT. FROM THE SOUTH 1/4 CORNER SECTION 35 T 25 S, R21 E, SLB & M, AND PROCEEDING THENCE WITH SAID CENTERLINE N. 42°09'E 678.1 FT. TO THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 191, THE TERMINUS OF THIS CENTERLINE DESCRIPTION AND CONTAINING 0.47 ACRES, MORE OR LESS. 2. Grantor warrants clear and unencumbered title to the land conveyed herein. 3. The purpose of the easement shall be for the installation, maintenance, construction, operation, improvement of new and future sewer facilities, including sewer connection lines, manholes and other underground appurtenant facilities for the collection of sewage and its transmission through and across the property of Grantor, along with underground storm water conveyance structures. Altutilities and other facilities installed in the easement shall be underground. 4. The easement and all provisions herein shall run with and burden the property in perpetuity, and shall be binding upon both parties, their successors and assigns. The easement shall be for the use and benefit of Grantee. Grantor, their successors and assigns. may use the easement surface for purposes not inconsistent with the use by Grantee including landscaping, providing in no instance shall any permanent structures be constructed or placed so as to encroach upon the easement boundaries. Any permanent or other structure encroaching may be removed by Grantee without compensation. 5. Grantee shall be entitled to disturb the soil and remove vegetation within the easement incident to its permitted activities. If Grantee disturbs the crass or other landscaping after Grantor's property is developed. Grantee shall replace the crass or other landscaping, at Grantee's expense, but it shall use reasonable care to prevent damage to adjacent lands of Grantor. 6. Grantee agrees to connect the Motel 6 property to the new sewer line, at Grantee's expense. See the route on Map "B" attached here to, agreed to and signed by both parties. If the seller asks for a larger diameter sewer line or to change the route differently. or for more manholes to be added, the price will change accordingly. 7. Grantee agrees to pay Grantor $40,958 in exchange for the sewer easement. 8. This is not a road easement, however. Grantee agrees that if Grantee ever obtains a road easement, and constructs an arterial road on the property subject to this easement, Grantee shall provide for drive cuts needed for Grantor's property. Grantee agrees that construction of an arterial road would entail installation of appurtenant curb, gutter and sidewalk, 9. Grantee agrees to facilitate with the Utah Department of Transportation and Grantor installation of appropriate future storm water drainage improvements that will convey storm water across Grantor's property within a storm water drainage conveyance in the easement. 10. This easement may not be terminated by non-use absent an intention by the Grantee, expressed in writing to the Grantor, to abandon the easement. Grantee shall be entitled to assign this easement to a successor municipality, special district, or like entity without extinguishing same. 11. In the event of any breach of the covenants contained herein, the aggrieved party shall be entitled to seek injunctive relief in any court of competent jurisdiction. In any such action, the substantially prevailing party_ shall be entitled to recover reasonable attorney fees and court costs as set by the court in addition to any other relief awarded by the court. Signed and delivered this - day of , 2004. WANG ORGANIZAT !N BY: , Managing STATE OF UTAH ) ss. County of Grand ) On the 9-S day of �� , 2004, J. J. Wang, _Managing Member of the Wang Organization personally appeared before me and duly executed and acknowledged the above easement grant. Witness my hand and official seal. � NOTAHY PUBLIC BRYANWILUAMTORGERSO tar?' t ubiic, State of Utah ,M 4 North Main Address: �% /�,/� - f � %�646 a_ � Moab. UT 84532 My Gommisston EXp�res March 13, 200 y Commission Expires: i'l/u,t A (- �P r Jw State of Utan J 08/74/2004 11:18 4352594135 CITY OF MOJaa PAGE 04 GRANTEE: City of Moab, a Utah municipal corporation. Mayor David L. Saltrison Rachel Ellison, City Recorder