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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. 1 988 1,9 ; , { Y o. •. Jib .. -I ff lJ IIF . r1., s.:_ 1—fi tf•. 71:44, fl4"` .t !.11����. . � r 1 .:t•1r . 1,1 7r i ,' . o r. 1. 1 r ., 's./fr1)-31 1, ; I. --?..(,. .. • I. ,.! Ii 'to- •, II .1 ;1.. 1, i:7i.,'s . . •7 !i_i ;I o 1 1 • t J • J, i111 I11 . . • I 1. . JI• 1,.. i J .al• ' . 1 _ :1 . i •r'j..• -.1. ,• ;' ..• ,J^) I'i .111 .,'• 1. • .i s • i-iit'L. .' 'l11 J!i .I! - �f i. .III - 1.% L. 711i .. . ' 1'1'1. I r•{:.r. L' •I -I Wit? to 1'. I r. .' , ,1117jo' • 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( 2 Ent 529456 Bk 0867 Pg 0883 t l fKA "ormitb, petesilva larttUtii fitow.0. Taylor/City of Moab Temporary Construction License and Agreement, Signature Page Grantee: City of Moab r By: Mayor Emily Niehaus Date est: Li- SO- Ig keccuia.c.(9Cezvutr,L, - 30— I � ,ti•,;� RaChel Stenta, Recorder 4 U� r' Attachments: Exhibit A -legal description Exhibit B-map Date -End of Document- 3 Ent 529456 Bk 0867 Pg 0884 )'• ‘,Tir •i fl;ii)71.411 .•• ' `f rIto 1 ) t 0-600 .71100L::'Sie; '/,`J 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 Ft_ficilAx3 :'); 11!,fr:17; .4 .Sni irieLCI Tt aWihrille r!VVI 1° '13'1 IE=1' ri:."1"1"n1 1: '!`n :0ni17/,eft Cr?o»,,rr, 11n, ,, 3, ri be116 r. V,tit i.ril,: .1=-!t. I r?... • r.Lik'iN!C .1;11. ':,.;r4Nriij: Po3 I 1199f i?..P14 1.?k,1 n11.1..91 (*tit' 't el34Sto rt 5,;,2.60 44 + --1,4--- 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 t,r.tn. 7 , 1.! • i. _ • , r T 4,4 i ,r : 19fi .1 4 (2 JI • JO 1' 3880 •J'•• (180.v;