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Temporary Construction Easement with ACHD for Widening of Meridian Rd Adjacent to Settlers ParkProject Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1 W, Sec. 36 APN:SO436449680 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _`day of , 2014, by and between, City of Meridian, a municipal corporation, hereinafter "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described/depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACRD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Ustick Road & Meridian Road, (the "Dominant Estate"), 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 ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend touse by ACHD's Commissioners, 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 terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorney's fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. Temporary Construction Easement Version 5/2012 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 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) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant, The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. ATTEST: GRANTOR: City of Meridian, a municipal corporation e -1 -6C ---n. Cl— , k Cry FTr� t 1 �= ,0�t Clerk R ecu-y�-'- I ( i ADAC TY I WAY ISTRICT: Dave Serdar Right -of -Way Supervisor Barbara Burton Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED, THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Temporary Construction Easement Version 5/2012 5 z K � - ;•;[!!(I!�!i!� eo 0o em0000 OL5i ammo m wo ) � $ - � I I ,epi, �I�I�1■i�l�� W8 . -- E vasa' 111 41 F x � s$$g _ - ✓�,_- FR N LL LL 000000000©�00���®�0 I 1 Q I I ,epi, �I�I�1■i�l�� . 111 41 Iloin ■■■111■�■�■�1■ !, ON IS��1■ ■■■■111®■■I■ e I ■■■I■'1■I■■I■ I I I I a / a e o A ,•pa i :.�� 13 ■II � iIlion I ,e /ea�l4 : ® - MENNEN LU 74 S ^� 3 E ° e688 t �'ai8 Z m aW0 OP.:::. 74