CONSTRUCTION EASEMENT[RDH1]
THIS CONVEYANCE is made onthis______day of ,by and betweenINSERT_GRANTOR'S_NAME, Insert_State_Name, its successors, administrators, and assigns, all of which are hereinafter collectively referred to as Grantor, andCITY OF SHAWNEE, KANSAS, a Municipal Corporation of the State of Kansas, its successors, administrators, and assigns, all of which are hereinafter collectively referred to as Grantee.
IN CONSIDERATION of the sum of One Dollar and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys unto Grantee a temporary easement for the purposes of constructing, altering, extending, relocating, maintaining, and using public improvements, including, but not limited to, street pavements, curbs, sidewalks, driveways, retaining walls, streetlights, traffic signals, signs, storm sewers, drainage channels, and other appurtenances thereto and all necessary work associated therewith, including the relocation of utilities, the storage of materials, the operation of equipment, and the movement of a work force in any part of said Construction Easement, over, under and through the following described real estate lying and situated in the County of Johnson, State of Kansas, to-wit:
SEE "A" ATTACHED HERETO
AND INCORPORATED HEREIN BY
THIS REFERENCE
THIS CONSTRUCTIONEASEMENTis executed, delivered, and granted upon the following conditions and considerations:
Construction Easement – Substantial Completion –NON-CIP – Business Form – Revision: 01/01/07Page 1
1.Grantee, its employees and agents, shall have the right of access at all times to enter upon the described real estate for the purposes herein described.
2.The rights granted herein shall commence on the day and year first above written and shall terminate and expire twenty-four (24) months after the date of substantial completion and acceptance of said public improvements, at which time all rights hereunder shall expire without the necessity of a formal release of record.
3.Grantor hereby waives and releases Grantee, its employees and agents, from any and all claims for damage, known and unknown, foreseen and unforeseen, arising by reason of the use of the described real estate for the purposes herein described; provided, Grantee shall restore any disturbed property to Grantor to a neat and presentable condition. All such restoration shall be completed as soon as reasonably practicable.
4.This Easement is not a waiver of a claim for damage to or use of any property not restored promptly to Grantor, nor a waiver of any claim for personal injury made in accordance with the Kansas Tort Claims Act.
5.This Easement shall apply to all interests in the described real estate, now owned or hereafter acquired or assigned by Grantor or Grantee; this covenant to run with the land.
IN WITNESS WHEREOF,Grantor has authorized and caused this conveyance to be signed on its behalf by itsInsert_Officer's_Title_in_Title_Case on the day and year first above written.Insert_Grantor's_Name_in_Title_Case
Insert_Officer's_Name_in_Title_Case, Insert_Officer's_Title_in_Title_Case
ACKNOWLEDGMENT
STATE OF ______/ )
)ss.
COUNTY OF ______/ )
THIS INSTRUMENTwas acknowledged before me on this______day of ______JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember20072008200920102011,by Insert_Officer's_Name_in_Title_Case asInsert_Officer's_Title_in_Title_Case ofInsert_Grantor's_Name_in_Title_Case, aInsert_State_NameCorporation.
Notary Public / My Appointment Expires
EXHIBIT "A"
PARCEL NUMBER(S): / INSERT_COUNTY_PROPERTY_IDENTIFICATION_NUMBER(S)SITUS ADDRESS: / Insert_Property_Address_or_N/A
OWNER: / Insert_Grantor's_Name_in_Title_Case
MAILING ADDRESS: / Insert_Grantor's_Mailing_Address
LEGAL DESCRIPTION:
Construction Easement – Substantial Completion –NON-CIP – Business Form – Revision: 01/01/07Page 1
Insert_Legal_Description
Construction Easement – Substantial Completion –NON-CIP – Business Form – Revision: 01/01/07Page 1
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