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Temporary Construction Easement with ACHD for City of Meridian Eagle Rd, Victory to Ridenbaughw Project #504043 EXHIBIT "C" Eagle Road, Victory to Ridenbaugh R/W Parcel Number: 13 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ~~ day of , 2005, City of Meridian, a municipal corporation, (hereinafter "G ANTOR") and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, (hereinafter "ACRD"); WITNESSETH: FOR VALUE RECEIVED, for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the ACRD 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 ACRD. The ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway (the "Project") on adjoining and abutting property owned by ACRD municipally known as Eagle Road, Victory to Ridenbaugh Canal, (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 ACRD in connection with such Project, and for ingress and egress to and from the Dominant Estate. The Servient Estate is a part of a larger parcel owned by GRANTOR (the "Remaining Property"), and this Easement does not extend to ACRD any right to enter upon the Remaining Property. 2. Use by Others Under ACRD. The 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 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 ACRD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. -5- 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. Except 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 soon as good a condition as existing on the date of this Indenture. 6. Damages to Remaining Property During Construction. Without limiting the rights of GRANTOR to such remedies it may have at law or in equity to recover damages to the Remaining Property that may occur during construction of the Project as a result of a trespass on the Remaining Property by ACHD, its contractors, employees or agents, in such event ACHD shall proceed to diligently cause the repair, restoration and/or replacement of the same to, as nearly as reasonably possible, the same condition as existed prior to such damages. 7. Access During Construction of Project. Throughout the term of this Easement, during GRANTOR's regular business hours, ACRD and/or its contractors will provide and maintain continuous, safe and adequate vehicle access (ingress and egress) for GRANTOR and its employees, agents, contractors and business invitees and guests to and from GRANTOR's Remaining Property to and from ACHD's adjacent public roads. It is agreed that access is adequate and continuous even if limited to one vehicle lane on ACHD public streets adjacent to the Remaining Property, and even if access is temporarily delayed because of traffic control by a flagger; at times, the private driveway accessing GRANTOR's Remaining Property may also be restricted to one vehicle lane, and to right-in right-out access only by a flagger or signage. 8. 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. 9. 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. -6- GRANTOR covenants to ACRD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACRD 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. GRANTOR City of Meridian, a municipal corporation Name: Title: ~. ~:: ~.,_,~,~. Attest: ~y: Title: a~~;~ ~~~ ~~ ~, ~~ ~~ ~ ~` 'jN,~+/~,,, ACHD ADA COUNTY HIGHWAY DISTRICT By ~'r Bruce G. Mills, Manager, ROWDS Dept. EXHIBIT LIST Exhibit "A" Description/Depiction of Servient Estate NO ACKNOWLEDGEMENT NEEDED RECORDED THIS EASEMENT IS NOT TO BE -7- ,,ran ~ 1 ~ Z ~~ ~~ ~~ ~~ ~,~ ~ ~ x t ~ ~ ~ i < < E d W ~ Bl ~ y~ y~ } y K ~ ~~ If, R ~ ~ Y ~ ~ ~ ~ g r ~ ~ ' ~ R ~py 3 ~~ 3 3 Q W ~ ~ ~ ~> W ~ ~ ~ ~ '~ ~ ~ ~ p p 33 # F- ~ ~ ~ ~ Q ~ ~ ~ ~ ~7 ~ ~ j ~ ~ ~ ~ ~~ O J ~p ~€~ ~~ ~~ 5~ ~ ~Z ~~ 00000000®0®0®0®0®®®®®o® - ~ o 0 o a I '°°~ oox I I arm lruvn3 N ~ o~ ~:. ;.- R~co~ ~I tlR ~ 3. ! ~ ~i m~ ~ ~- I a ~• I ~ r ~ ~ e °°' ` ~ I; ~~ '~ - I -: I ~ I _ ~ : e: g M1 - ~~ I ~ I ,y ~ L. ~ s R i 4 I " I ~ "~J , ~~ L ~~ ~~ ! ,,. i ~ ~ __ ~. ..__ ~ ~~ ~ t . I ~ _ r. r ~ i as I I j(j( jI I _ ~ I II I i sezl. ~ ~ I I i I I - Eh I I $ I E c~ ' -'-'- I ~- ~ I . I i ~~ ~ ~ I I ~ ~~ I I°~-~ ~ --- --- --- ~-~ ~- ~~ -i---- ~ --~._ LL I ~ ! a I ~ C I; - ~- - - --r - ~ ~ _. ~--- ~ _.._ Q I. _. 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(, 00 (h ,k ~, e ~ EXHIE 9~ ao+ zi ns (rA ~ ~ cx [cam ,B oo ao.zx4 ris x~~n 4q(rn 00'Bh ,008. .~~z--„n-9~ ueo~cn..c9~c~.euu IIT "A" Parcel No. 13 ACRD No. 504043 RD203-17 88441870270 Ada County Highway District City of Meridian Eagle Road Victory to Ridenbaugh Canal perm. Ease: 0.006 Acres Exhibit "A" Permanent Easement Parce113 A parcel of land located in Lot 1, Block 4, Thousand Springs Subdivision No. 1, according to the official plat thereof, filed in Book 78 of Plats at Page 8248, Records of Ada County, said parcel Idaho, and being a portion of being coincident with the westerly line of Eagle Road, Meridian, the Northeast Quarter of the Southeast Quarter (NE'/a SE'/a) of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 1-inch steel axle representing the Northeast Corner of the Southeast Quarter of said Section 20, and the centerline of Eagle Road (CP&F 101062097); thence along the east line of the Southeast Quarter of said Section 20, South 0° 00' 26" East, 233.16 feet; thence leaving said section line, South 8ne S9ation1 124+67 OOOandtthe TRUE PO1NT OF eing offset 4800 feet left of Project Centerli BEGINNING; thence South 89° 59' 50" West, 11.00 feet, thence North 0° 00' 26" West, 26.13 feet, thence South 67° 25' 50" East, 11.91 feet, thence South 0° 00' 26" East, 21.55 feet, and the POINT OF BEGINNING. Containing 262 square feet or 0.006 acres, more or less, of which 214 square feet or 0.005 acres, more or less, are located within an existing Nampa -Meridian Irrigation District Easement. Prepared by CH2M HILL November 2004 ~` L~~ PLS 8024 ~c~~Q~G~~j~TE SGT o iL'~'~~ a X024 s~=~Y'°~ vey rglF 0 F `®p~~~ ~~, C 5L6~~~ 12108104 2:48 PM