Temporary Construction Easement with Quenzer, Eugene and Ardyce L. for White Drain Sewer TrunkTEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of 'Zt%b`1-
Eugene and Ardyce L. Quenzer, husband and wife, the "G NTOR" and THE CITY OF
MERIDIAN, a body politic 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-1" 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 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 sewer
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 of the
GRANTOR's execution of this Indenture and terminate on the completion of the sanitary
sewer trunk project construction on the Dominant Estate. 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 Commissioners, 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, and (ii)
their respective interests in the Dominant and Servient Estates.
Temporary Easement Page 1 of 2
7. 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 (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 eridian
By
Gary Smith, P.E., Public Works Director
By:
ob Corrie Mayor\\\\\\~~~~~OF~'MER11 ~~'~~%~~~
ATTEST: r~~"-~ T ',~
Title: ~(/%~`l A~-m ~ ~ ` . ~~~~~ /l~L=
9
City Council Approval~a~. Gc~ 1
~''~ ~ov~€-rY ,'°,~~~~',
'//'111177;1,: '~4-~i'~.'1~~~
GRA TORS:
By.
Printed: ,~u. 9 2N ~ Q ~~ y z ~
Date: 7 - ~ l - D ~2
Social Security Number: 5 / 'l - ~~ - 5 ~/,6
Printed:~~ v~ ~ L, , ~u ~, ? e ~
Date: 7- D ~ - ~ .2~
Temporary Easement Page 2 of 2
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