Temporary Construction Easement with Howell Murdoch Development Corp for White Drain Sewer Trunk
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this --1L day of S~P7GVI"I~¡';;{L . 2.=/ .
Howell-Murdoch Development Corporation, Inc. the "GRANTOR" 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" 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 bv 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 within this easement. 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. Indemnitv. Grantee agrees to defend, indemnify and hold Grantors harmless
from any and all claims, losses, suits, causes of action, judgments, casualties or
accidents, property damages, bodily injuries and the like (including any and all costs,
expenses and attorney fees incurred by Grantors) which may arise resulting from any
work relating to the installation, maintenance, replacement or repair of the sewer pipe
and related facilities and use of the easement by Grantee, its agents, contractors,
servants, employees or independent contractors.
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.
Temporary Easement
Page 1 of 2
6. Bindina 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.
TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove
set forth.
GRANTOR covenants 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.
GRANTOR(S):
r?~.A '1Lq
Temporary Easement
Page 2 of 2
NW CORNER
NEI/4SEI/4 I SEC~ONUNEANDNORTHLlNED'PARCEL /
: . - t . WEST 1314.""' E 1 4 COR.
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- \J.J L - - 40' TEMPORARY EASEMENT - - - - --, 1
"- EAST 36'
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HOWELL-MURDOCH DEVELOPMENT CORP,
Inst. #99055221 ".
§/
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- SOUTH LINE 0' PARCEL '
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SECTION 35 TAN., R.1 W., B.M.
NE 1/4 OF SE 1/4
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SECTION UNE
EXHIBIT B
REV. NO.
I I
I DESc. I BY:
CITY OF MERIDIAN PUBLIC WORKS
I
I CK'D:
¡RAWN BY: -J!!LI DATE: JULY ,~. 200.1..
CK'D BY: --~ I SCALE: N .T.S.
APPRÖVEtf.ï?t<J IcJ-z-eJl
rTTY FJlJr./NFFR I1A T!'
PROJECT:
WHITE DRAIN SANITARY SEWER TRUNK
LEGAL: A PORTION OF SEC. -~, I DWG. No' RW. ,..
T.i.N., R..1..W., 8.M., ADA COUN1Y'1 .
IDAHO. I SHEET 1 OF 1