Meridian Town Center Temporary Easement with ACHD and City of MeridianProject Name: Meridian Town Center --Offsite Improvements Phase 3
R/W Parcel Number: R7366290332
Township/Range/Section:
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 7�`4 day of2016, by City of
Meridian (hereinafter "GRANTOR"), and ADA COUNTY HIGHWAY DISTRICT, a body
politic and corporate of the State of Idaho (hereinafter "ACHD"), and MERIDIAN
CENTERCAL, L.L.C., a Delaware limited liability company (hereinafter "CENTERCAL")
(ACHD and CENTERCAL shall be collectively and/or individually referred to as
"GRANTEE").
WITNESSETH:
FOR VALUE RECEIVED, and for the tern and uses and on the terms and conditions
hereinafter set forth, GRANTOR does hereby grant to GRANTEE 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 and 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 GRANTEE. GRANTEE'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 GRANTEE municipally known as the intersection of Eagle
Road and Record Avenue (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 GRANTEE 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 GRANTEE. GRANTEE's right to so use the Servient
Estate during the term of the Easement shall extend to use by GRANTEE's 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. Upon 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 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 during the term of this Easement by GRANTEE, its
TEMPORARY EASEMENT To ACHD - 1
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employees, contractors and agents, hereunder, and including, without limitation, attorneys fees
and costs that might be incurred by GRANTOR in defending any such claims.
5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, 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, and (ii) their
respective interests in the Dominant and Servient Estates.
?o Appurtenant. The Easement herein granted is appurtenant to the Dominant
Estate.
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants to GRANTEE that GRANTEE shall enjoy the quiet and peaceful
possession of the Servient Estate throughout the term hereof; and, 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 the parties, the day, month and year herein first above written.
[end of text; signatures follow]
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GRANTOR: CITY OF MERIDIAN
By:
Title: He-r,ll -- Fct
GRANTEE: ADA COUNTY HIGHWAY DISTRICT, a body politic
and corporate of the State of 41dalo,,
By:
Supervisor, Right -of- ay
Exhibit List:
"A" Description of Servient Estate
MERIDIAN CENTERCAL, L.L.C.,
a Delaware limited liability company
By: CenterCal, LLC, a Delaware limited liability
company, its Sole Member
By: CenterCal Associates, LLC, a Delaware
limited liability company, its Manager
B +`;
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l4
ean Paul Wdy, sident
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Managing Member
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 1984 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.
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EXHIBIT "A"
Thm portion of the following legally -described parcel that is shown as the easement
area in the attached drawing:
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