TEMPORARY CONSTRUCTION EASEMENT

KNOW ALL PERSONS BY THESE PRESENTS, that the CITY OF OVERLAND PARK, a municipal corporation in the County of Johnson, State of Kansas, hereinafter the Grantor, for the sum of ten dollars ($10.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, does grant to	, a	(state) corporation/company/limited liability company, hereinafter the Grantee, a Temporary Construction Easement over, under and through the following described real estate, to wit:

SEE ATTACHMENT ‘A’

The above described easement is to be used for the purpose of constructing, grading, improving, reconstructing, and inspecting	as shown by the plans of the proposed improvement. This Temporary Construction Easement includes the right of ingress and egress over and through the above-described real estate.

The Grantee hereby agrees to restore the premises to as near the original condition as possible. Grading within the Temporary Construction Easement may result in a grade change.

The Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against any and all claims and damages, including reasonable attorney’s fees, resulting from any injury to persons or property either now or in the future arising from Grantee’s use of the easement herein granted, this indemnification to survive expiration of the easement.

This Temporary Construction Easement shall commence upon the date listed below and shall expire	months after the completion and acceptance of construction.

This Easement shall inure to and bind the successors and assigns of the parties, and shall constitute a covenant running with the land.

IN WITNESS WHEREOF, the party above named has executed this easement this	day of	, 20	.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	William D. Brown, P.E.

City Clerk	Director of Public Works

APPROVED AS TO FORM:	ACCEPTED BY GRANTEE:

Tammy M. Owens	Signature

Senior Assistant City Attorney

Printed Name

MUNICIPAL ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came William D. Brown, Director of Public Works of the City of Overland Park, a municipal corporation duly organized , incorporated and existing under and by virtue of the laws of the State of Kansas, and Marian Cook, City Clerk of said municipal corporation, who is personally known to me to be the same persons who executed as such officials the within instrument on behalf of said municipal corporation, and such persons duly acknowledged the execution of same to be the act and deed of said municipal corporation.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

DO NOT WRITE, TYPE OR STAMP ANYTHING ABOVE THIS LINE OR IN THE MARGINS.

DO NOT WRITE, TYPE OR STAMP ANYTHING BELOW THIS LINE.	Rev. 2-21-08

TEMPORARY CONSTRUCTION EASEMENT

Public Works

2006-10-04

Joe Archer

City of Overland Park