Temporary Construction Easement
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1 Temporary Construction Easement North Ogden City Corporation, a Utah municipal corporation, Grantor, does hereby grant and convey to Questar Gas Company, a Utah corporation, Grantee, for the sum of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the following described real property interest: A temporary easement (the Temporary Easement ) for use as access and construction work space for construction and installation of Grantee s regulator station, adjacent landscaping, and construction of an asphalt driveway and parking area, all as shown on the site plan to be approved by North Ogden City (the Project ). The temporary easement area is depicted on Exhibit A, attached hereto and incorporated by this reference. Non-Exclusive Use. The Temporary Easement acquired herein does not convey any right except as stated herein, nor does it prevent Grantor from the use of the real property within the Easement Area so long as such use does not interfere with the purposes for which the Temporary Easement is being acquired. This Temporary Easement does not convey the right to use the Temporary Easement in a manner that would deny any right of Grantor to access property outside the Easement Area. Duration of Easement. This Temporary Easement shall begin on ( Commencement Date ), and shall continue until the earlier to occur of (a) the date that is one year after the Commencement Date or (b) Grantee provides written notice of the completion of the Project. Restoration, Landscaping, and Construction of Driveway and Parking Area. Grantee will restore any portion of the Easement Area disturbed by construction to as near as practical its condition prior to use, landscape portions of the Easement Area, and construct the driveway and parking area, all according to the Site plan approved by North Ogden City, attached hereto as Exhibit A, and incorporated by this reference. Grantee shall clean all neighboring asphalt (parking lot and roadway) during construction to avoid tracking out mud, dirt, and other debris. For the duration of the Temporary Easement, Grantee shall maintain the Easement Area substantially clean of all litter and trash. Upon completion of the landscaping installed by Grantee, Grantor shall accept ownership of the landscaping and shall be responsible for all future maintenance and care of the landscaped Easement Area. Restrictions on Use. Grantee shall use the Easement Area solely for the purposes of constructing a natural gas facility as outlined in the Easement Agreement dated, This include the storage of dirt, construction materials, parking vehicles, and other common uses associated with constructing a pressure regulator station. Miscellaneous. This grant of Temporary Easement may be executed in several counterparts, each of which shall be an original hereof but all of which, taken together, shall constitute one and the same grant of Easements and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. Nothing herein
2 is intended to alter any rights either party has regarding recorded perpetual pipeline easements crossing property owned by Grantor, nor does anything herein obligate either party to agree to any terms in any future agreement. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its proper officer thereunto duly authorized, this day of 20. NORTH OGDEN CITY COPORATION Attest: S. Annette Spendlove, Recorder Brent R. Taylor, Mayor STATE OF UTAH ) ) ss. COUNTY OF WEBER ) The foregoing instrument was acknowledged before me this day of, 2016 by Brent R. Taylor, Mayor of North Ogden City Corporation, a municipal corporation of the State of Utah, and he did swear and affirm that he is duly authorized to execute same in his official capacity as Mayor for and on behalf of North Ogden City Corporation.
3 QUESTAR GAS COMPANY David A. Ingleby Manager, Property and ROW STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) On the day of, 20, personally appeared before me David A. Ingleby, who, being duly sworn, did say that he is Attorney-In-Fact and the Manager of Property and ROW for QUESTAR GAS COMPANY, and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors, an official certification of which is recorded on October 4 th, 2013 as Entry , in the Office of the Weber County Recorder.
4 EXHIBIT A (Drawing of Easement Area)
5
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