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Temporary Construction Easement with Kennedy, John L. for White Drain Sewer TrunkTEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ~ day of ~~ ,~7 ; John L. Kennedy, the "GRANTOR" and THE CITY OF ERIDIAN, a body rolitic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, 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 "B" 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 sanitary sewer trunk 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 sewer construction and improvement, and for ingress and egress to and from the area of construction. 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 elected officials, 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 terminate on the completion of the sanitary sewer trunk project construction. 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. 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 elected officials, employees, contractors and agents, hereunder. 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. 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. Temporary Easement Page 1 of 2 s' 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 (alternate, if Grantor is a corporation or other entity: "and on behalf of the' GRANTOR, the day, month and year herein first above written. CITY of ridian By Gary Smith, .E., Public Works Director By: ATTES Corrie Title: ~/~ ~~t~,~'J v, City Council Apprq~ ~ •ts ' ~~P!!fa~;+;<<-Flt'``` Temporary Easement Page 2 of 2 GRANTORS: Printed: 1 ~ ~ ~r ~ - /~~ ~2 ~' Ply Date: = ~~~~~- v Z o r~ ~~ Social Security Number: j ~~--3~ - 3~ f l.~ By: Printed: Date: 30' TEMPORARY EASEMENT - -I 0.41 i' AC. I 50' PERMANENT EASEMENT P.0.6. 0.90± AC. SECTION LINE AND NORTH _ _ N89'08'3 LINE OF PARCEL ~ 0 166.10' I NEl ~4, S~l~/~ ~4, 5"W 663.50' SEC. 36 I ~NI N89'08'35' W N N L 1 I I 589'08'35 "E 497.30' ~ ~ _N89'0 I 8'35"W 547.25_ ~ I "~ JOHN L. KENNEDY Inst. #7934725 ~ II I SOUTH LINE OF PARCEL 29' EXCEPTION Q w a o Z ~ z SECTION 36 T.4N., R.1W., B.M. , N w o Z .o SW 1 ~4 z w J ~' Z W. USTICK ROAD SECTION LINE EXHIBIT B- REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN P1JBI~IC W®RKS DRAWN BY: _ Rc DATE:~E~MBER 1s, 2001 PROJECT: cK'D BY: __ RE SCALE: N .T. S. WHITE DRAIN SEWER TRUNK L I N E APPROVED:~~` d s~®~~~ (~C.r LEGAL: A PORTION OF SEC. ~ > DWG. No: RW._._._._ T.4 N., R.t W., B.M., ADA COUNTY, CITY ENGINEER DATE I DAH 0. SHEET 1 OF _ 1