City of Meridian (Temporary Construction Easement granted to ACHD_ not to be recorded. - Locust Grove and Time Zone Rd. Project Name: Locust Grove Road,Victory Rd to Overland Road.
Project No: 519034.001
Name:City of Meridian
R/W Parcel No: 25
T3N, R1 E, Sec 20
APN: R5330140020
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 17th day of November -, 20-ZQ CITY OF MERIDIAN, an Idaho
municipal corporation, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the State of Idaho, hereinafter"ACHD";
W I T N E S S E T H:
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
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 ACHD. 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 Locust Grove Road and Time Zone 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 to use 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, 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 ACHD, at its sole cost and expense, to at least as good a
condition as existing on the date of this Indenture.
TE - 1 of2
Item#22. It Name: Locust Grove Road,Victory Rd to Overland Road.
Froject No: 519034.001
Name:City of Meridian
R/W Parcel No:25
T3N,R1 E,Sec 20
APN: R5330140020
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.
CITY OF MERIDIAN, an Idaho municipal corporation:
Robert E. Simison
Mayor
Chris Johnson
City Clerk
ADA COUNTY HIGHWAY DISTRICT:
David Serdar
Right-of-Way Supervisor
Cindy Schechter
Right-of-Way Review Appraiser/Agent
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TOBE RECORDED
TE - 2 of 2
R7000650420
CTW
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