The URL can be used to link to this page

Home My Public Portal Abouthauer temp easementWhen Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Dat529455 Y 20187lPl e:337 3 PM 8�1I JOHN ALANFiled CORTES, Recorder GRAND COUNTY CORPORATION For: MOAB CITY TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT For good and valuable consideration, the receipt of which is acknowledged, Sena Hauer, whose address is Post Office Box 696 Moab, UT 84532 (Grantor) 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. 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-0003. 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 to be constructed 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. 1 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. 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. Sena Hauer Date ACKNOWLEDGMENT The foregoing Temporary Construction License and Agreement was executed before me this day of 2018 by Grantor Sena Hauer . Witness my hand and official seal. My commission expires: S ee a ftzc&4 ,Ry Notary Public, State of Address: 2 E..k Sri 4 55 13k SW? py 817 r ' A r v‘VRachel Stenta, Recorder Date P • Hauer/City of Moab Temporary Construction License and Agreement, Signature Page Grantee: City of Moab By: Mayor Emily Niehaus Date Attest: Attachments: Exhibit A -legal description Exhibit B-map 4-3a 10 -End of Document- 3 Ent 529455 Bk O867 Pg 0878 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 and thence North 50°10'00" East 96.4 feet and South 89°41' W 7.8 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 and North 50°10'00" East 96.4 feet and South 89°41' W 7.8 feet from the Southwest corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 89°41' East 326.3 feet to the East bounds of Taylor Town Subdivision, which is also terminus point of easement. Ent 529455 Bk 0867 Pg 0879 z 0 N rn T -1- LOT 1 LOT 3 LOT 2 TAY LO R TOWN TAYLOR TOWN SUBDIVISON SUBDIVISON SENAJ. Hauer MOAB ADRIAN F TAYLOR 01-TTN-0003 CITY 01-TTN-0002 r S 89°21' E 190.8' SW CORNER SECTION 1, T26S, R21E, SLB&M • I 7.8' -S 89'41' W ' 3-34-1 ------ tO lO 20' TEMPORARY ACCESS EASEMENT TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B Land Surveying 30 South 100 East Moab. UT 84532 435 259 8171 Project 004-171 Date 3-23-18 � Sheet 1 0F 1 Ent 529455 Bk 0867 Pg 0880 't Credible Witness Acknowledgment State of Utah ) County of C.) ir6U A- ) On this 2.1 day , of I in the year 20 date Month Stna Aos,uritr personally appeared before me year , and satisfactorily proved to be the signer of the above document name of document signer by the oath of Zaire Ta� l DY ,who is personally known to me and is a competent name of cre I le witness 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) Mona Noel Medina Notary Public Stater of Utak My Commission Expires on; January 16, 2019 Comm. Number: 681110 (notary seal) Ent 529455 Bk 0867 Pg 0881 ��pyp��w��N" -��2��M..rV��M'JMl.i9wi1111+G6ll��YlgY. " tM _��k tso soNio%3 " mo3 i a,awat Of f t 3' t. .fri '.