HomeMy Public PortalAboutrobb temporary construction easementWhen Recorded Mail to;
City of Moab
217 East Center Street
Moab, UT 84532
Ent 529246 Bk 867 P 44310 7
Date: 19-APR-2018 2":01:58P
Fee: NoneFiled By: VAR
JOHN ALAN CORTES Recorder
GRAND COUNTY CORPORATION
For: MOAN CITY
TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT
For good and valuable consideration, of the sum of three thousand five hundred dollars
($3,500.00), the receipt of which is acknowledged, Val Robb, Chris Robb, and Shawn B.
Robb, whose address is Post Office Box 166 Paragonah, UT 84760 (Grantors) and the City
of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah 84532
(Grantee), enter into the following temporary construction license and agreement
(Agreement).
1. Intent. Grantors have agreed to convey to the Grantee an easement for the construction
of a public pedestrian path/trail. It is necessary for the Grantee to gain access to other
parts of the Grantors' property on a temporary basis in connection with the installation of
trail related improvements.
2. Conveyance and Purpose. Grantors grant and convey to Grantee a temporary
construction license (the "Construction License") for ingress/egress and the construction
of a public trail and related improvements over and across the lands described in Exhibit
A, attached (the "License Area"). The Construction License shall be temporary in
duration, for a period of not to exceed two hundred ten (210) calendar days from the date
of execution, below, following which the Construction License shall immediately expire.
Concurrently, Grantors shall grant a permanent easement across their lands for access to
the new trail north of Mill Creek (the Easement), as confirmed by a separate deed.
3. Nonexclusive Use. Grantors shall retain the use and enjoyment of the License Area, and
shall be entitled to utilize same for all purposes that are not inconsistent with the rights
accorded to the Grantee under this Agreement.
4. Construction. Grantee shall have unimpeded access to the License Area in connection
with the installation and construction of all improvements to be constructed for a new
pedestrian trail. At the conclusion of the work the Grantee shall remove all trash, debris,
and equipment and restore the area, as much as possible, to the condition existing prior to
disturbance.
5. Non -Interference. Grantors shall not interfere with, obstruct, or deny access to Grantee,
its employees, contractors, or agents who may utilize the License Area. Grantor shall be
responsible for all damages accruing to Grantee as a result of any denial of access or
1
damage to any improvements within the License Area caused by Grantor, its agents, or
assigns.
b. Sole and Complete Agreement. This Agreement and the accompanying Deed of
Easement are the sole and complete agreements of the parties. This Agreement may shall
not be modified, except in a writing executed by all parties.
7. Governing Law. This Agreement is governed by Utah law. The exclusive venue for
any dispute arising under this Agreement shall be the Courts of Grand County, Utah.
8. Remedies; Costs. Depending on the nature of the dispute, this Agreement may be
enforced in an action for specific performance, damages, or both. In any dispute arising
under this Agreement, the prevailing party shall be entitled to recover its court costs and
reasonable attorney fees, in addition to any other relief.
9. Notice. Any notice under this Agreement shall be sufficient if sent by first class mail,
postage prepaid, or delivered by courier, to the addresses for the parties as specified in
the first paragraph of this Agreement, above. Prior to invoking any remedies under this
Agreement, the non -breaching party shall provide written notice to the other party and
afford that party a reasonable period of time, but in any event not less than ten (10)
calendar days, in which to cure or abate any breaching condition or violation. A cure
within that time shall reinstate all rights and obligations under this Agreement.
10. Real Estate Commission. Grantors shall be solely responsible for payment of the real
estate commission owing, if any, to their real estate broker.
Executed and effective as of the date of execution, below.
-Remainder of Page Intentionally Left Blank -
Ent 529246 Bk 0867 Pg 0404
2
Robb/City of Moab Temporary Construction License
And Agreement, Signature Page
Grantors:
03y:
By:
Chris Robb
Rob
By:
o ky �131
Date
.AAI\r"— c� -/3 -00/E
Shawn B. Robb Date
ACKNOWLEDGMENT
The foregoing Tempo ary, Construction License and Agreement was executed
before me this i31-y of Apr/ I , 2018 by Grantors Val Robb, Chris Robb, and
Sha B. Robb. Witness my hand and official seal. My commission expires:
Grantee:
City of Moab
By:
LI `
Mayor Emily Niehaus
„Fachel Stenta, Recorder
Notary Pu
Address:
3
c, State of Lcf4,h
ANGELA 6 GUAR
NpTARyPOJC41010 111W
cOMMISSIONI 666267
COMM. EXP. 01.07.2020
Date
Date
Ent 529246 Bit 0867 Pg 0405
Exhibit A
A temporary access easement for city trail construction being more particularly described as:
Beginning at point on Grantors northern boundary, said point being North along Center Section line
1946.2 feet and North 89°30'00" West 530.7 feet from the South Quarter corner of Section 1, Township
26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 84°41'17" East 7.10
feet; thence with a curve having a radius of 19.75 feet, to the right with an arc length of 11.69 feet, (a
chord bearing of South 67°43'47" East 11.52 feet);thence South 50°46'17" East 30.63 feet; thence with
a curve having a radius of 47.29 feet, to the left with an arc length of 14.19 feet, (a chord bearing of
South 59°22'11" East 14.14 feet); thence South 46°40'05" East 44.08 feet; thence North 88°40'08"
West 91.92 feet; thence North 39°58'24" West 51.73 feet; thence North 01°07'37" East 20.42 feet;
thence South 89°29'49" East 39.04 feet to the point of beginning.
Ent 529246 Bk 0867 Pg 0406
NEILL BRUCE JOHNSON
STEVEN LJOHNSON
01-001-0173
MOAB CITY
01-001-0170
TEMPORARY CONSTRUCTION
EASEMENT
LINE
?EAR[N°
DiCE
L1
S 50'46 17E
30.
L2
S 46'40'05' E
44.08'
L3
N 86'40'08" W
91.92'
L4
N 39'58'24" W
51.73'
L5
N 01'07'37" E
20.42'
L6
S 89'30'00' E
39.04'
L7
S 84'41'17" E
7.10'
L6 L7
C7
c?
L3
VAL ROBB
CHRIS ROBB
SHAWN B ROBB
01-001-0172
Ni CORNER _If_
SECTION 1,
T26S, R21E,
SLB&M
r"
N 89°30'00" W 568.0'
(TIE)
An VNGT�U�
DELTA ANpLESEIORD
p INC
OHD LENGTH
.00_IK
C1
11.60
1 5
33'54'59`
S 6743 47 E
11.52'
C2
14.10'
9'
1711'47"
S 59'22'11" E
14.147
200 SOUTH
STREET
(9N1UV3a 30 SIS S)
Si CORNER
SECTION 1,
T26S, R21E,
SLB&M
Ent 529246 Bk 0867 Pg 0407
CONSTRUCTION EASEMENT
EXHIBIT B
Land
30 South 100 East
-
Moab, UT 84532
435 259 8171
,Z•41761 HAON
Project 004-17�
Date 3/21/18
i `Sheet 1 of 1 17