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• • t TEMPORARY CONSTRUCTION ACCESS EASEMENT AGREEMENT I. 446437 The parties to this Temporary Construction Access Easement Agreement (hereinafter "Agreement") are the following: City of Moscow, Idaho, a municipal corporation of the State ofldaho, (hereinafter "GRANTEE"), located at 203 East Third Street, Moscow, Idaho, 83843; and James G. and Mary Ann Schreiner, husband and wife (hereinafter "GRANTORS"), 108 North Mountain View Road, Moscow, Idaho, 83843. II. WHEREAS, GRANTEE wishes to construct underground storm sewer utilities along Mountain View Road, which is part of City of Moscow Project 101-99 (hereinafter the "Project"), in an efficient, safe, proper and timely manner; and WHEREAS, in order to complete the Project, GRANTEE and its employees, agents, contractors, representatives, and franchise utilities companies need access to certain portions of private property owned by GRANTORS in the location commonly known as 108 North Mountain View Road, Moscow, Idaho (hereinafter the "Property"); and WHEREAS, GRANTEE has advised GRANTORS that GRANTEE intends to make future improvements on the public right-of-way; and WHEREAS, GRANTORS wish to minimize the presence of GRANTEE and its employees, agents, contractors, representatives, and franchise utilities companies on the Property during and after the Project; and WHEREAS, GRANTORS require assurances that GRANTEE and its employees, agents, contractors, representatives, and franchise utilities companies will only use and/or ---PAGE BREAK--- 4464.37 occupy the Property to the extent necessary to complete the Project, and in addition, GRANTORS wish to grant pennanent maintenance easements on the Property as set forth below; and WHEREAS, GRANTEE and GRANTORS have agreed to the following activities, rights and responsibilities herein as necessary for GRANTEE'S and GRANTEE'S employees', agents', contractors', representatives', and franchise utilities' access to and upon GRANTORS' Property for completion of the Project. ill. CONDITIONS NOW THEREFORE, GRANTEE and GRANTORS agree on this day of , 1999, to the following conditions for a temporary construction access easement onto the Property during the Project: A. GRANTEE AGREES TO: I. Replace with trees and/or shrubs of a mutually agreeable species, the two evergreen trees that will be removed by GRANTEE from the public right-of-way on the Property as part of the Project. Such replacement trees and/or shrubs shall be planted by GRANTEE at a mutually agreeable location, with strong preference to be given for planting such trees and/or shrubs on the Property as soon as such planting is reasonably possible; 2. Restore the Property to its original condition and/or compensate GRANTORS for any damages or injuries suffered by GRANTORS and/or the Property as a result of the actions of GRANTEE and its employees, agents, contractors, representatives, and franchise utilities companies during or as a result of the Project (including, but not limited ---PAGE BREAK--- 446437 to, tree removal and replacement, water service relocation, driveway removal and repair, storm sewer construction, landscape and lawn restoration, and the like); 3. Sawcut and remove the portion of a concrete driveway on the Property presently existing on the public right-of-way, replace said concrete and the surrounding area with gravel of appropriate quality and texture for a driveway, and grade that portion of the driveway that runs over the public right-of-way; 4. Relocate an existing water meter from the public right-of-way to a mutually agreed upon location on the Property clear of anticipated future street construction; 5. Furnish and install a good quality double-check valve assembly and box on the Property on GRANTORS' residence side of the relocated water meter as mutually agreed upon by GRANTEE and GRANTORS; 6. Furnish and install the necessary water service line from the double-check valve to a location on the existing service line as mutually agreed upon by GRANTEE and GRANTORS. Such installation shall bypass and leave abandoned a portion of the existing water service line presently running through an existing private well on the Property; 7. Restore to its previous condition the ground, landscaping and lawn over and around the old and new water meters, the valve assembly and box, and the old and new water lines; 8. Furnish to GRANTORS the two removed tree trunks, trimmed and cut into normal for Contractor's disposal. Such cut tree trunks shall be neatly stacked upon the Property by GRANTEE at a mutually agreed upon location easily accessible by the Contractor; 9. NotifY GRANTORS at least twelve (12) hours in advance of any driveway ---PAGE BREAK--- obstruction andlor closure on the Property during the Project; 10. Allow GRANTORS and others to temporarily park on the west shoulder of Mountain View Road in an area clear of construction and equipment during any driveway closures while completing the Project; I I. Notuy and obtain GRANTORS' written consent at least twenty-four (24) hours prior to the use of any heavy equipment and/or machinery on the Property except for equipment related to placement of the removed trees on the Property. GRANTORS' consent shall not be unreasonably withheld. B. GRANTORS AGREE TO: 1. Allow temporary encroachment of necessary laborers, equipment and materials on the Property adjacent to the storm sewer trench during the Project. Such temporary encroachment for this purpose shall not exceed twenty (20) feet from such trench and shall be limited only to the time reasonably necessary for construction of the storm sewer during the Project; 2. Allow temporary encroachment of necessary laborers, equipment and materials onto the Property for the purpose of relocating the water meter to GRANTORS' Property and for the placement of the new water meter at a clear distance from future construction anticipated by GRANTEE; 3. Allow temporary encroachment of necessary laborers, equipment and materials onto GRANTORS' Property for the purpose of installing a double-check valve assembly and box adjacent to the relocated water meter; 4. Allow temporary encroachment of necessary laborers, equipment and materials onto GRANTORS' Property for the purpose of constructing a water service line from the 446437 ---PAGE BREAK--- 446437 double-check valve assembly to a mutually agreed upon location on the existing water service line on the Property. GRANTORS acknowledge and agree that GRANTORS are aware that such water service line construction and installation shall bypass and abandon a portion of GRANTORS' existing water service line which runs through the existing private well; 5. Allow temporary encroachment of necessary laborers, equipment and materials onto GRANTORS' Property for the purpose of sawcutting and removing a portion of concrete driveway presently situated on public right-of-way; 6. Grant a permanent maintenance and access easement for inspection, maintenance and repair acces to the relocated water meter. GRANTORS shall grant such easement within sixty (60) days of the completion of the Project. Such easement shall be filed by separate legal document at the Latah County Courthouse Recorder's office within thirty (30) days of the granting of sue!: easement at no cost to GRANTORS; 7. Grant a permanent maintenance and access easement for inspection, of the double-check valve assembly. GRANTORS shall grant such easement within sixty (60) days of the completion of the Project. Such easement shall be filed by separate legal document at the Latah County Courthouse Recorder's office within thirty (30) days of the granting of such easement at no cost to GRANTORS; 8. Bear any and all costs and expenses related to future replacement and/or repairs to said double-check valve assembly. GRANTORS acknowledge that GRANTEE AND ITS EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AND FRANCHISE UTILITIES COMP ANTES shall not be responsible for any repair or replacement of sueh double-check valve assembly following its installation; ---PAGE BREAK--- 9. Install a hose bib vacuum breaker on every fuucet outside of GRANTORS' current residence. Such hose bib vacuum breaker(s) shall be purchased by GRANTEE, and shall be of a type for external use and shall include a slip collar. IV. 446437 It is expressly intended that the burdens and restrictions described in this Agreement shall run with the land and shall bind GRANTEE and its heirs and assigns, and shall bind GRANTORS and their heirs and assigns. IN WI they have hereunto set their hand and seal this day of , 1999. :::Jr Om STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this 3yof Qe.f', 1999, beforeme,aNotaryPublic in and for said State, peri jpeared James G. Schreiner, GRANTOR, known to me to be the person namo!!tf'l? STATE OF IDAHO ) ) ss. COUNTYOFLATAH ) On this 3th day of jem .bN , 1999, before me, a Notary Public in and for said State, personally app ed Mary Aun Schremer, GRANTOR, known to me to be ---PAGE BREAK--- CITY OF MOSCOW, a municipal corporation ofthe State ofidaho Easement\Mtn View Temp Const Access Ease & Dev 08-99\pm 446437 LATAH COUNN RECORDER FE£$ C?l.'o 6Yj: