HomeMy Public PortalAboutzane taylor temp easementWhen Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
Ent 529456 Bk 867 P 882 — 9eXo
Date: 03-MAY-2018 1E:44:11PM
Fee: NoneFiled By: JAC
JOHN ALAN CORTES5 Recorder
GRAND COUNTY CORPORATION
For: MOAB CITY
TEMPORARY CONSTRUCTION LICENSE AND AGREEMENT
For good and valuable consideration, the receipt of which is acknowledged, Zane W.
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), 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-0001. 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.
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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:
�
By:
Zane . Taylor Date
i7L/77Xg
ACKNOWLEDGMENT
The foregoing Temporary Construction License and Agreement was executed
before me this 2.-7 day of Ap rt , 2018 by Grantor Zane W. Taylor. Witness
my hand and official seal. My commission expires: Jan o I (0) 2011 .
Rhiano Noel Mec.'ina
Notary Pubbc Store of Ur
My Commission Explr2s G;;
January 16, 2019
Comm. Number: 681110
Notary Public, tate of ttrAJ ,
Address: & Lk(
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Ent 529456 Bk 0867 Pg 0883
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Taylor/City of Moab Temporary Construction
License and Agreement, Signature Page
Grantee:
City of Moab
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By:
Mayor Emily Niehaus Date
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,ti•,;� RaChel Stenta, Recorder
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Exhibit A -legal description
Exhibit B-map
Date
-End of Document-
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Exhibit A
A temporary construction easement being more particularly described as:
Beginning at the Northeast corner of Lot 1, Taylor Town Subdivision said point being North 89°26'51"
East along the Center Section line 1094.8 feet and South 00°15'01" West 4.2 feet from the West Quarter
corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence
South 83°25'58" East 40.5 feet; thence South 45°54'36" East 2.5 feet; thence South 44°05'24" West 48.9
feet; thence North 45°54'36" West 12.2 feet; thence North 01°28'02" East 33.0 feet to the point of
beginning.
Ent 529456 Bk O867 Pg 0885
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W1/4 CORNER
SECTION 1,
T26S, R21E, SLB&M
N 01°28'02" E
33.0'
N 89°26'51" E 1094.8'
(BASIS OF BEARING)
N 45°54'36" W
12.2'
01-001-0257
THE KOPELL FAMILY LIVING
TRUST
S 00°15'01" W
4.2'(TIE)
S 83°25'58" E
40.5'
S 44°05'24" W
48.9'
LOT 1
TAYLOR TOWN
SUBDIVISON
S 45°54'3(
2.5'
LOT 2
RED DES
TEMPORARY CONSTRUCTION
EASEMENT
EXHIBIT B
Land Surveying
30 South 100 East
Moab, UT 84532
435.259,8171
Project 004-171
Date 4-7-18
`Sheet 1 of 1
Ent 529456 Bk 01367 Pg 0886
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