Utah Code Title 57. Real Estate § 57-13c-105. Required findings--Order--Recording of relocated easement

(a) establishes that the easement is eligible for relocation under Section 57-13c-102; and

(b) satisfies the conditions for relocation under Section 57-13c-103.

(a) state that the order is issued in accordance with this chapter;

(b) recite the recording data of the instrument creating the easement, if any, and any amendments and any notice under Chapter 9, Marketable Record Title;

(c) identify the immediately preceding location of the easement;

(d) describe in a legally sufficient manner the new location of the easement;

(e) describe mitigation required of the servient estate owner during relocation;

(f) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;

(g) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;

(h) include a provision for payment by the servient estate owner of expenses under Section 57-13c-106;

(i) include a provision for compliance by the parties with the obligation of good faith under Section 57-13c-107; and

(j) instruct the servient estate owner to record an affidavit, if required under Subsection 57-13c-108(1), when the servient estate owner substantially completes relocation.

(4)(a) Before a servient estate owner proceeds with relocation of an easement under this chapter, the servient estate owner shall:

(b) If a servient estate owner is required to record an amended plat under Subsection (4)(a)(ii):

(c) If a public entity is required to sign an amended plat, the public entity shall sign the amended plat for compliance with the order under Subsection (2).