Temporary Construction Easement with Bryson, Bart for 2600 N. Eagle Rd.TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, effective this 20th day of May, 2004, by the undersigned, Bart
Bryson, who maintains a mailing address of 2600 N. Eagle Rd, Meridian, Idaho,
hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal
corporation of the State of Idaho that maintains a mailing address of 33 East Idaho
Street, Meridian, Idaho 83642, hereafter referred to as "GRANTEE";
WITNESSETH:
In consideration of a cash payment of One Thousand Fifty Dollars ($1,050.00),
and for the term and uses and on the terms and conditions hereinafter set forth,
GRANTOR does hereby grant to the 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 or 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. The GRANTEE's use of the Easement granted
herein shall be in connection with the construction of a water main on adjoining and
abutting property owned by GRANTEE (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 water construction and improvement,
and for ingress and egress to and from the Dominant Estate.
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
Commissioners, employees, contractors and agents.
3. Term This Easement shall be for a term commencing on the date that GRANTEE
or its employees, contractors or agents, begin construction activities (including the storing
of construction materials) in the Easement Area, but not later than July 30, 2004.
GRANTEE shall notify GRANTOR not less than three (3) days prior to the
commencement of construction activities in the Easement Area. The Easement shall
expire upon written notification to GRANTOR that all construction and restoration
activities in the Easement Area have ended. 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. In
the event the term of this Easement exceeds a period of three (3) weeks, GRANTEE
shall pay GRANTOR the additional sum of Fifty Dollars ($50.00) for each day the term of
this Easement exceeds the three (3) week period.
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 Commissioners, employees,
contractors and agents, hereunder.
Temporary Easement Page 1 of 2
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. Access to Servient Estate. GRANTEE shall at all times maintain the southern
twenty (20) feet of the existing driveway to the Servient Estate in a manner clear of any
impediments and as appropriate to allow unimpeded ingress and egress to and from the
Servient Estate to the adjacent public right-of-way.
7. 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.
8. 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 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 GRANTOR, the day, month and year herein first above written.
CITY of Meridian
By
ATTEST;
City Council Approval Date
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Temporary Easement Page 2 of 2
EXHIBIT~_
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16" GATE VALVE, FLGxMJ
16" TEE, FLG.
(2) 16" BLIND FLANGE
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EAGLE ROAD BORE
30" CASING
16" WATERLINE
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J 16' WATER ~
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FUTURE
WATER
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30'
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4RY CONSTRUCTION
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2 SCALE: 1 "=20' ~
1W4 ~A I CI'fUlYt IMI"1'R.JVrM tN 1 I''MWt[,i 1 aH~
~~U'B ~ MERIDIAN ADA ()ODUNIY IDAFIU 1
J BART BRYSON PROPERTY ~
"a~"°'°'~'^'~+°""°"'°'~ TEMPORARY CONSTRUCTION EASEMENT 1
20' MIN.
MAINTAIN DRIVE AY
INGRESS/EGR SS
3 3
CITY OF MERIDIAN
PURCHASE ORDER
BILL TO CITY OF MERIDIAN
33 E. Idaho Ave
Meridian, ID 8364
(208)888-4433 FAX (208)8874813
SHIP TO: Public Works
Karie Glenn
660 E Watertower
Suite 200
Meridian IU 83642-
(208) 898-5500 ~ (208) 887-1297
Yom`. Bart Bryson
2600 N Eagle Rd
Meridian ID 83642
Purchase Order #~ 432-05-410
Date Ordered 4/7/2005
Requested By~ CGnt Dolsby
Qtg Item Description Invoice #lPart # Division Account # Total Amt I
2600 N EAGLE 52004 3490 96140 $1,050.00
Tots! Due: $1,oso.oo
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TEMPORARY EASEMENT PAYMENT-EAGLE RD MAIN
. APPI~Yl1l date ~lel I