HomeMy WebLinkAboutTemporary Construction Easement with Meridian Joint School District No. 2 for White Drain Sewer TrunkTEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 1~~ day of Dec.tw~b.e~' ZOO{
Meridian Joint School District No. 2, the "GRANTOR" and THE CITY OF
MERIDIAN, a body politic and corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, and for the ter
conditions hereinafter set forth, GRANTOR does
easement (the "EASEMENT") under, over, through
owned by GRANTOR situated in the COUNTY
particularly described or depicted on Exhibit "B" a'
made a part hereof (the "Servient Estate").
m and uses and on the terms and
hereby grant to the GRANTEE an
and across that certain real property
OF ADA, STATE OF IDAHO more
:tached hereto and by this reference
This grant is made on the following terms:
1. Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted
herein shall be in connection with the construction of a sanitary sewer trunk for access
and egress for equipment and vehicles, for construction, excavation, storage of earth and
other materials thereon, for surveying, and for all other reasonable uses that are
necessary, advisable or convenient to GRANTEE in connection with such sewer
construction and improvement, and for ingress and egress to and from the area of
construction.
2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient
Estate during the term of the Easement shall extend to use by GRANTEE's elected
officials, employees, contractors and agents.
3. Term This Easement shall be for a term commencing on the date of the
GRANTOR's execution of this Indenture and terminate on the completion of the sanitary
sewer trunk project construction. On the expiration of the term of this Easement, the
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless
from and against any and all loss, injury, death and damage, and attorneys' fees
and costs that might be incurred by GRANTOR in defending any such claim, that
shall result from the use of the Servient Estate by GRANTEE, its elected officials,
employees, contractors and agents, hereunder.
In consideration of allowing Grantee to perform work on and/or operate within the
said described parcel, Grantee expressly agrees to indemnify, save and hold
harmless Grantor, it's successors and assigns, against any and all claims, suits,
demands, actions, debts, injuries to persons, and damages to property, damages,
costs, charges, and expenses, including alt court cost and attorneys fee, and
against any and all liability, losses and damages of any nature whatsoever, the
"Damages" that Grantor shall or may at any time sustain or be put to by reason or
as a result of Grantee performing, working on and/or operating within the here in
Temporary Easement Page 1 of 2
above described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
5. Restoration on Expiration of Term. On the expiration of the term of this
Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and
expense, to at least as good a condition as existing on the date of this Indenture.
6. Binding Effect. This Easement, and the covenants and agreements herein
contained, shall, during the entire term hereof, be binding upon and inure to the benefit of
(i) GRANTEE AND GRANTOR, respectively, and their successors and assigns.
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the
quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b)
GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed
of the Servient Estate and has the right and authority to grant this Easement to
GRANTEE.
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the'
GRANTOR, the day, month and year herein first above written.
GRANTOR(S):
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40' TEMPORARY EASEMENT - - -~
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PERMANENT EASEMENT I
W 1 /4 COR. SECTION UNE AND NORTH UNE OF PARCEL
SEC. 36 13~s.ss' (cucu~ATEO) 1/t6 COR. j
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515.0' ~ 820.85 (CA~CULA TED)
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PARCEL 1
JOINT SCHOOL DIST. //2 MERIDIAN
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SEC. 36
R.IW., B.M.
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SECTION UNE
W. USTICK ROAD
C 1 /4 COR.
SEC. 36
S 1 4 COR.
SEC. 36
EX~~/3~7' ~3
REV. NO. DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _g~ pA'I-E: Ju~Y 12 200 ~ PROJECT:
cK'DBY: __RE scALE: N.T.s. WHITE DRAIN SEWER TRUNK LINE
APPROVEI~~
~~ /1 4_a LEGAL: A PORTION OF SEC. ~ , DWG. No: RW._ _._._
~ T.+ N., R. t W., B.M., ADA COUNTY,
CITY ENGINEER DATE IDAHO. SHEET 1 OF _ 1
EXHIBIT B