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HomeMy WebLinkAboutTemporary Construction Easement with Linda P. Harger for The OaksADA COUNTY RECORDER Christopher D. Rich 2014-095966 BOISE IDAHO Pgs=5 BONNIE 111261201410:26 AM MERIDIAN CITY NO FEE X0043607 01009 9 8006 00043607201400969890050062 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 95 day of Mov, 201 between Linda P. Harger, the parry of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sewer construction right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer lines are to be provided for through an underground pipeline to be constructed by others (CONTRACTOR); and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for a construction easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The temporary construction easement hereby granted is for the purpose of construction of sewer lines and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire thirty (30) days after the installation of the sewer lines and acceptance of said sewer lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after the sewer lines have been installed and accepted, CONTRACTOR shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. THE GRANTOR hereby covenants and agrees that she will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Linda P. Harger Temporary Construction Easement THE GRANTOR hereby covenants and agrees with the GRANTEE that, should any part of the right-of-way and easement hereby granted separately become part of, or lie within the boundaries of, any public street, then, to such extent, this easement hereby granted which lies parallel to such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that she is lawfully seized and possessed of the aforementioned and described tract of land, and that she has a good and lawful right to convey said easement, and that she will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed her signature the day and year first herein above written. GRANTOR: in a . Harger Meridian, ID 83646 STATE OF IDAHO ) ss. County of Ada I ) On this l 1 f day of 201 before me, the undersigned, a Notary Public in and for said state, p sonally appeared L nda P. Harger, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set m hand and affixed my official seal the day and year first above written. ,1 . /I / / e Linda P. Harger Temporary Construction Easement NOTARY PUBLIC O AHO V Res ding at: Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy 0�>i0eerd, Mayor L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) h4o r'CHn n UCUy , v City of IDIANt6 mr.xo lerk i SEAL a On this aS day of Oweng , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �S? OT•g"+'• EAL) NOT Y UBS I� Residing at: �,� Commission Expires: '•: %� �l0 ,.OF VON Linda P. Harger Temporary Construction Easement (JNA J•U•a ENGINEERS, INC. EXHIBIT A THE J -U -B COMPANIES ®I "INDOOR NRPWNO GROUP INC. The Oaks Pressure Sewer Linda P. Harger Temporary Construction Easement Boundary Description Project Number 10-12-042 August 13, 2014 An easement situated in the northeast quarter of Section 33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northeast corner of Section 33, Township 4 North, Range 1 West, Boise Meridian; Thence S00"27'22"W, 1113.00 feet along the east line of the northeast quarter of Section 33; Thence continuing 500°27'22"W, 264.00 feet along the east line of the northeast quarter and the boundary of the Harger Parcel of Quit Claim Deed Instrument Number 107030543, records of Ada County, Idaho; Thence N89°17'51"W, 957.00 feet along the boundary of the Harger Parcel; Thence S00"27'22"W, 219.48 feet along the boundary of the Harger Parcel to the POINT OF BEGINNING: Thence continuing S00"27'22"W, 12.95 feet along the boundary of the Harger Parcel to the north line of the Five Mile Drain; Thence N77°43'33"W, 60.94 feet along the boundary of the Harger Parcel and the north line of the Five Mile Drain; Thence 587°05'54"W, 302.00 feet along the boundary of the Harger Parcel and the north line of the Five Mile Drain to the west line of the northeast quarter of Section 33; Thence N00°28'22"E, 5.01 feet along the boundary of the Harger Parcel and the west line of the northeast quarter of Section 33; Thence N87°05'54"E, 341.90 feet; Thence S70°24'06"E, 20.98 feet to the POINT OF BEGINNING. The above-described easement contains 0.05 acres, more or less. Page 1 of 1 a 250 S. Beechwood Avenue Suite 201 Boise ID 83709 p 208-376-7330 i 208-323-9336 w www.jub.com