Temporary Construction Easement with Meridian Rural Fire Protection District and Ada County Highway District for Fire Station No. 2r
Project Name: Ten Mile Road (Cherry Lane to Ustick Road)
Project: 503023
Name: City of Meridian and Meridian Rural Fire Protection District
RIUV Parcel No: 46
T3 N, R 1 W, Sec 03
APN: 85124540740
TEMPORARY CONSTRUCTION EASEMENT
~,
THIS INDENTURE, made this ~, '' day of ~ , 2013, City of Meridian, a
municipal corporation, as to an undivided 74% interest A Meri ' n Rural Fire Protection District, as
to an undivided 26% interest, and the hereinafter "GRANTOR", and ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACRD";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter
set forth, GRANTOR does hereby grant to ACRD an easement (the "EasemenY'j 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 A_ CHD, 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 Ten Mile Road (Cherry Lane to Ustick Roads (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 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.
Temporary Construction Easement
Version 5120108
r
Project Name: Ten Mile Road (Cherry Lane to Ustick Road)
Project: 503023
Name: City of Meridian and Meridian Rural Fire Protection District
Rlvv Parcel No: 46
T3N, R1 W, Sec 03
APN: 85124540740
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.
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. A urtenant. The Easement herein granted is appurtenant to the Dominant Estate.
TO HAVE AND TO HOLD this Easement unto the ACRD 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 By:
Its: ~A~j~r
Meridian Rural Fire Protection District By: F ~/~-~~-~
Its:
ACHD By: ~
Dave Serdar, Right of Way Supervisor
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED
Temporary Construction Easement
Version 5120108
Project Name: Ten Mile Road (Cherry Lane to Ustick Road)
Project; 503023
Nave: City of Meridian and Meridian Rural Fire Protection District
R!W Parcel No: 46
T3N, R 1 W, Sec. 3
APN: 85124540740
COMPENSATION SUMMARY
(REVISED)
Temporary Construction Easement:
Improvements:
3,919 Sq. Ft. @ $10.71 per Sq. Ft. @ 10%} ..............................$4,197,25
None ............................................................................... 0.00
Voluntary Donation of required Temporary Consfrucfion Easement by owners, Cifv of Meridian
and Meridian Rural Fire Protection District
TOTAL COMPENSATION ............... ................... .............................................. . 0
ACHD WILL PRQVIDE C~NSTRUCTIQN FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLAN
SHEET 9 of 23, dated August 15, 2012.
~~~~Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic
safety conditions Warrant."~*~
Negotiated Item: Each drive entrance Will be constructed half at a time left and ri ht leavin
the other half #or continuous use. The south 25 ft. Wide entrance Which Will bye constructed 12.5
ft. wide each time The north entrance, 5U ft. Wide Will be constructed 25 ft~ wide each time.
5eller's disclosure of hazardous materials:
(1 } None .~.~______ ________~._ {Seller's Initials}; or
{2} Seller's disclosure:
Seller Init~als:_____. I ___
Seller Initials:
~ Q~~ ~~~
ACHD Initials:____.._ ~'~~ __
Cit 's Pro ert Re r ~ ~ ~
y p y p esentatlve Name. _ Y_ ~ _ ~~
. .~-'
Citys Property Representative Name: _ _ t~'~__
~~
MRFPD Property Representative P~~e: ________
MRFPD Property Representative Phone; _ ~F"~-/~~~____
Version: 5120108