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Home My Public Portal Aboutbazil-todd temp construction license and agreementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Ent 529344 M BE 7 R 577 — �g Date: 25-APR-2018 MO:31PM Fee: NoneFiled By: JAC JOHN ALAN CORTES Recorder GRAND COUNTY CORPORATION For: CITY OF MOAB TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT For good and valuable consideration, the receipt of which is acknowledged, Thomas J. Todd and Rhonda J. Bazil, whose address is Post Office Box 4612, Aspen, CO 81612 (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' property is currently crossed by a pedestrian trail which has been utilized by the public and maintained by the Grantee. No written easement exists for the trail. The parties intend to demolish that trial and establish a new pedestrian/non- motorized pathway on lands owned by another party, and situated to the north of Mill Creek. In exchange for the performances specified in this Agreement, and subject to the condition precedent that Grantee secures an additional easement for the establishment of a new pedestrian pathway, as set forth in Section 5, below, the parties agree to the following. 2. Conveyance and Purpose. Grantors grant and convey to Grantee a temporary construction license (the "Construction License") for ingress/egress and the demolition/removal of a public trail and related improvements over and across the lands described in 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, and the Grantee covenants and agrees that it shall have no further right or interest as to the real property comprising same. Simultaneously, Grantors have granted a permanent easement across their lands for access to the new trail north of Mill Creek (the Easement), and secured a Subordination Agreement for that Easement from their lender, U.S. Bank, N.A. 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. Restoration. Grantee shall remove the existing trail, all trail -related improvements, and restore the surface of the License Area to the conditions existing prior to the establishment of the public trail. Restoration may include grading and reseeding as necessary, and shall include barriers and/or signage sufficient to inform the public that 1 the trail is closed to public access. All restoration work within or upon the License 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 License Area. 5. Compensation; New Trail. Upon completion of a new public trail to be constructed upon adjacent lands owned by KNOBY, LLC, as more particularly described in Exhibit B, attached, the Grantors shall pay the sum of five thousand dollars ($5,000.00) to Grantee, which sum shall be applied to partially defray costs incurred by Grantee in relocating the existing trail on the Grantors' property. The design and scope of the new trail to be constructed on the Exhibit B property shall be vested in the sole discretion of the Grantee. 6. Non -Interference. Grantors shall not interfere with, obstruct, or deny access to Grantee, its employees, contractors, or agents who may utilize the Construction License within the License Area. Grantor shall be responsible for all damages accruing to Grantee as a result of any denial of access or damage to any improvements within the License Area caused by Grantor, its agents, or assigns. 7. Sole and Complete Agreement; Discharge of Other Claims. This Agreement and the accompanying Deed of Easement are the sole and complete agreements of the parties, and they supersede all prior representations, contracts, or other agreements between the parties. In addition, the parties represent and agree that this Agreement is an accord and satisfaction which, upon completion of the performances specified, discharges and releases the parties from any and all causes of action or legal claims, however denominated, each may have against the other. Nothing in this Agreement shall be considered an admission of fault or wrong -doing by either party. 8. 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. 9. 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. 10. 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. -Remainder of Page Intentionally Left Blank- 2 Ent 529300 Bk 0867 Pg 0578 Bazii/Todd Temporary Construction License and Agreement Signature Page Executed and effective as of the date of last execution, below, Grantors: By: Rhonda J. By: d 14-1( Thom J. Todd Date Date ACKNOWLEDGMENT The foregoing Temporary Construction License and Agreement was executed before me this day of , 2018 by Rhonda J. Bazil and Thomas J. Tod . Witness my hand an official seal. My commission expires: S/a 0016 SUSANNA MILLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19964007052 MY COMMISSION EXPIRES 05-20-2020 Grantee: City of Moab N y Public, State— ddress: Cly" 3 o hi/ q- 2tt-1$ Date �{-a�-�� Date Ent 529300 Bk 0867 Pg 0579 EXHIBIT A A 20' wide Temporary Construction License Area, being more particularly described as follows: Beginning at a point South 4°56'34" West 609.36 feet from the City Monument at the intersection of Center Street and 100 West Street in Moab Townsite, said point being South 2824.24 feet and West 270.76 feet from the North Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence South 0°17'00" West 23.04 feet; thence North 69°36'59" West 13.68 feet; thence North 27°59'11" West 20.24 feet; thence North 56°36'11" West 16.56 feet; thence North 70°24'15" West 24.54 feet; thence North 76°28'45" West 27.56 feet; thence North 80°09'55" West 41.57 feet; thence North 85°06'47" West 35.65 feet; thence North 76°50'31" West 30.59 feet; thence North 71°28'06" West 36.66 feet; thence North 21.09 feet; thence South 71°28'06" East 42.43 feet; thence South 76°50'31" East 28.20 feet; thence South 85°06'47" East 35.07 feet; thence South 80°09'55" East 43.08 feet; thence South 76°28'45" East 29.26 feet; thence South 70°24'15" East 28.02 feet; thence South 56°36'11" East 24.08 feet; thence South 27°59'11" East 15,27 feet to the point of beginning. (The Basis of Bearings is North 00°17'00" East along the monumented centerline of 100 West Street) Ent 529300 Bk 0867 pg 0580 .0V = „I :31VDS r- f IN'881S '3IZa 'S9Z1 T N011D3S U3N1103 niavno H180N O'ZZLZ H1f10S ,v0'6T M..LO,SZ.68 N AVM-30-1HJIH ,6z•zn� M „8Z.T£.08 ND ,00'893 8LIO-T00-I0 MVO'8 0001 TZ'8T _ ;L6t t f ,Z£'ZIV ZCiTl3 M „OO,LT.00 S 1 ! M „6Z,9E,98 NC' ,[£ M ,.9£,8E.89 ND ,E'bLZ 1S3M r _ '8'Q'd • c .E6'6T 3se3 .96'i 3 „0Z.I.20 N 6 '- /Pf N -R�/ .V•iTV _ -- SS 1. .L9'Ll0 3 „ST,ZZ.i8 9 ` .L9•ET 3 „6Z.9£.98 S A80NA .00'Zb8 ,89'LV \ ZZIO-I00-TO OLIO -TOO -TO AID edow 9 1I9IHXG 1NAWDSVD Ent 529300 Bk 0667 Rg 0581