HomeMy Public PortalAboutadrien taylor temp easementWhen Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
Ent 529457 Pk 867 Pi 887 g42
Date: 03-MAY-2018 1a:46:09PM
Fee: NoneFiled By: JAC
JOHN ALAN CORTES Recorder
GRAND COUNTY CORPORATION
For: MOAB CITY
TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT
For good and valuable consideration, the receipt of which is acknowledged, Adrien
F. Taylor whose address is Post Office Box 129 Moab, UT 84532 (Grantor) and the City
of Moab, a Utah municipality, whose address is 217 East Center Street, Moab Utah
84532 (Grantee), enters into the following Temporary Construction License and
Agreement (Agreement).
1. Conveyance and Purpose. Grantor hereby grants and conveys to Grantee a temporary
construction license (the "Construction License") for ingress/egress so as to permit the
construction of a public trail on adjacent lands owned by others. The Construction
License is described in Exhibit A, attached, and as depicted in Exhibit B, attached,
running over and across Parcel No. 01-OTTN-002. 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.
2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Construction
License, and shall be entitled to utilize same for all purposes that are not inconsistent with
the rights accorded to the Grantee under this Agreement.
3. Construction. Grantee shall have unimpeded access to the Construction License area in
connection with the installation and construction of trail improvements on adjacent lands.
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.
4. Non -Interference. Grantor shall not interfere with, obstruct, or deny access to Grantee,
its employees, contractors, or agents who may utilize the Construction License. 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 Construction License caused by Grantor, its
agents, or assigns.
5. Sole and Complete Agreement. This Agreement is the sole and complete agreement of
the parties. This Agreement shall not be modified, except in a writing executed by all
parties.
6. 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.
1
7. 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.
8. 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.
Executed and effective as of the date of execution, below.
Grantor:
By.
Adrien F. Taylor
z.-//t/ //e
Date
ACKNOWLEDGMENT
The foregoing Temporary Construction License and Agreement was executed
before me this _ day of , 2018 by Grantor Adrien F. Taylor. Witness my hand and
official seal. My commission expires:
See.
Notary Public, State of
Address:
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Ent 529457 Bk 0867 Pg 0888
Taylor/City of Moab Temporary Construction
License and Agreement, Signature Page
Grantee:
City of Moab
By:
Mayor Emily Niehaus Date
�A A�
* ,v ,
achel Stenta, Recorder
E r
Attachments:
Exhibit A -legal description
Exhibit B-map
Date
-End of Document-
3
Ent 529457 Bk 0867 Pg 0889
EXHIBIT A
A 20 foot wide temporary construction access easement, being 10 feet left and right of the following
described centerline:
Beginning at a point being South 89°21' East 190.8 feet from the Southwest corner of Lot 1, Taylor Town
Subdivision, Said point also being North 1961.5 feet and East 1081.5 feet and South 89°21' East 190.8
feet from the Southwest corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and
Meridian, and running thence North 50°10'00" East 96.4 feet; thence North 89°41' East 7.8 feet to the
East bounds of Lot 2, Taylor Town Subdivision, which is also terminus point of easement.
Ent 529457 Bk 0867 Rg 0890
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LOT 1
LOT 3
TAYLOR TOWN
SUBDIVISON
SENA J. FLANDERS MOAB
ADRI N F TAYLOR 01-TTN-0003 CITY
01-TT -0002
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-S 89°1`in�3341`— — — —
LOT 2
TAYLOR TOWN
SUBDIVISON
S 89°21' E 190.8'
SW CORNER
SECTION 1,
T26S, R21E, SLB&M
7.8'
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20' TEMPORARY ACCESS EASEMENT
TEMPORARY CONSTRUCTION
EASEMENT
EXHIBIT B
RED DESE
Land Surveying
30 South 100 East
Moab, UT 84532
435259.8171
Project 004-17
Date 3-23-18
Sheet 1 of 1
Ent 529457 Bk 0867 Pg 0891
Credible Witness Acknowledgment
State of Utah )
County of �«( rid( )
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On this `� day of,
date
r 1 a or
onth
in the year 20 tg , personally appeared before me
year
, and satisfactorily proved to be the signer of the above document
name of document sig r
by the oath of lit Tfit
name of cre
ib
l
witness
,who is personally known to me and is a competent
and credible witness for that purpose, by me duly sworn, and (he/she) acknowledged that (he/she)
executed the same.
Witness my hand and official seal.
(notary signature)
Rhiana Noel Medina
Notary Public Pato of Utah
My Commission Expires on:
January 16, 2019
Comm. Number: 681110
(notary seal)
Ent 529457 Bk 0867 Pg 0892
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