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HomeMy WebLinkAboutTemporary Easement for Ingress and Egress with LC Development for Penn Station Apartments fti~~ cc~~~a ~ ~ rEvC?^n~~ "~ . i{' '' 2001 FE 2 ~ ~' I ~ ~ ~~ f~ECO~t~~D - R~.C~,!L- ST qr MERIDIAN 1~ F~E~ o~~~~~~~ .. / H ~I~ IC~115264 TEMPORARY EASEMENT FOR INGRESS AND EGRESS THIS INDENTURE, made this ~~' day of January 2001, between LC DEVELOPMENT, INC., an Idaho corporation (hereinafter the "Grantor") and the CITY OF MERIDIAN, ADA COUNTY, IDAHO, a municipal corporation (hereinafter the "Grantee"). WHEREAS, by separate instrument, the Grantor has granted to the Grantee a sanitary sewer and water main easement across certain real property located in Ada County, Idaho, more particularly described in Exhibits A and B attached hereto; and WHEREAS, it will be necessary for the Grantee to have access to the sanitary sewer and water main facilities to be located in the said easement in order to permit the City to maintain and service the said facilities from time to time; and WHEREAS, Grantor desires to grant to Grantee a temporary easement for ingress and egress across certain real property described in Exhibits C and D attached hereto said temporary easement to terminate and extinguish upon the grant of a permanent easement for ingress and egress to the said facilities. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby give, grant and convey unto the Grantee a temporary, non-exclusive easement over and across that certain real property located in Ada County, Idaho, more particulazly described in Exhibits C and D attached hereto (the "easement premises"), for the purpose of providing a temporary route of ingress and egress for pedestrian and vehiculaz traffic to certain sanitary sewer and water main facilities installed on that certain real property located in Ada County, Idaho described in Exhibits A and B attached hereto. It is expressly understood and agreed that Grantor shall improve the easement premises with a gravel surface, 14 feet in width, composed of 3/a" minus road mix, 10" in depth. It is further expressly understood and agreed that the temporary easement granted hereby shall terminate and extinguish upon the delivery to, and acceptance by, the Grantee of an easement providing a permanent route of ingress and egress to the said sanitary sewer and water main facilities described herein; and Grantee does hereby agree that in such event Grantee shall execute and deliver to Grantor such instrument as may be reasonably necessary in order to provide for the termination of this temporary easement. The Grantor does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described real property and that it has a good and lawful right to convey the said easement and that it will warrant and defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 1 IN WITNESS WHEREOF, the parties hereby have executed this Agreement effective as of the day and year first above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) LC DEVELOPMENT, INC. .~ By .~,~ Allen Lee Centers, President On this ~~fh day of ,.~ ~u~,~~~ 2001, before me, a notary public, personally appeared ALLEN LEE CENTERS, who, being by me first duly sworn, declared that he is the President of LC Development, Inc., that he signed the foregoing document as President, of the corporation, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •'•• G~ ••• •• '• ~o •~'• Notary Public. for Idaho 1~~T.g ~~ • ~ ~ • '~~- • ~' : Residing at /~~.~ut _ ~~~~~ A " i My Commission Expires i~~~ ?/c 3 ~~'•.9T~t,'••....••'• p ~.•'~, .~~~,..pF, ,D pl~-,~~. TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 2 GRANTEE: CITY OF MERIDIAN, ADA COUNTY, IDAHO By ' Robert D. Corrie, Mayor ATTEST: GIN v-c.~ l ~~ove~ 'L-06-01 ® .~ ~ 1 ~J~~I, G. Berg, Jr., City STATE OF IDAHO ) ss County of Ada ) ~ ~ "' tas"t '~. , On this ~:~~ day of ~~'~~~~'~~ 2001, before me, a notary public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., who, being by me first duly sworn, declared that they are the Mayor and City Clerk of the City of Meridian, Ada County, Idaho, that they signed the foregoing document as Mayor and City Clerk, of the municipal corporation, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •`flne~Ae~O a A ' ~N' • xf "~' " ~ ~'~-" Notary P r Id o h Residing at ,CCc~~vt-t 1~ `. ;' ~. s?, ;,~G~pA'' My Commission Expires ~l d 6- 0 (o Aannnno® TEMPORARY EASEMENT FOR INGRESS AND EGRESS, Page 3 ~• C~7 r~. (~ ~ ~ ~I?.~/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Land Description Locust Grove Apartments City of Meridian Water and Sanitary Sewer Easement January 2001 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 7; thence S00°00'00"W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00"W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence N00°05'00"W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2; thence N30°08'00°W, 94.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N43°18'00"W, 66.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N49°22'00"W, 131.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N32°38'00"W, 73.70 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N21 °22'00"W, 114.70 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N29°21'00"W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat then;of on file in the office of the Ada County Recorder, to the southeasterly right of-way of Stonehenge Way; thence 48.71 feet along the southeasterly right-of-way of Stonehenge Way along anon-tangent curve deflecting to the left, with a radius of 141.42 feet, a central angle of 19°44'10",along chord of 48.47 feet, and a chord bearing of N40°0T20"E; thence S59°44'38"E, 53.82 feet; thence 56.17 feet along anon-tangent curve deflecting to the right, with a radius of 97.50 feat, a central angle of 33°00'37",along chord of 55.40 feet and a .chord bearing of N48°05'05"E; thence N64°35'21"E, 54.26 feet; thence N25°24'39"W, 12.00 feet; thence 21.22 feet along a tangent curve deflecting to the right, with a radius of 14.00 feet, a central angle of 86°50'1.4",along chord of 19.25 feet and a chord bearing of N18°00'27"E; thence N61°25'34"E, 93.48 feet; thence N90°00'00"E, 75.15 feet; thence 22.51 feet along a tangent curve deflecting to the right, with a radius of 39.00 feet, a central angle of 33°04'08", a long chord of 22.20 feet and a chord bearing of S73°27'56"E; thence S56°55'52"E, 12.10 feet; thence 4.63 feet along a tangent curve deflecting to the right, with a radius of 39.00 feet, a central. angle of 06°48'30",along chord of 4.63 feet and a Chord bearing of S53°31'37"E; thence S00°00'32"W, 74.51 feet to the Rea/ Point of Beginning: Thence S89°59'28"E, 14.00 feet; Thence S00°00'32"W, 20.00 feet; Thence N89°59'28"W, 14.00 feet; Thence N00°00'32"E, 20.00 feet to the Reel Point of Beginning. Exhibit A ti aJ v £,~ W O " O h O 1" ~/1 A ~ a 15 "6L '.00.0 o~ c a e o •~ a os • + ao °e ~. ~ o 97 "~ .. ~" e e • v c E $ c ,~ ro + + '' a ~° ~ m .. o °p W o ~ W W W W ~~ N 0 M hR b^ ON V1M O ,~ a, O ~ O .~ C < W ~n o~ ~- 0 • ? ~ 3 ~ ~. C 0 OONM . o a 4 ~ ~w^~ ~ o ~ h c W k W x x ~! ~, ~. ~a a ~ ~ ~ ~ ~ + ~ V ` 0 ~{ ~ Q hhMO V ~ ~ = N Q N Y J 3 V '' o. inaoH W aoNU'iM 2 H ~ . N ti ~h y 1 N ~ M V --N H © W b ~ N~ x 0 00 u iN 0 0 y ti~ a o v o N ~ N y 0 0 0 0 h O O O 4 O^i ~ M ~Q'1 ~tWW~~W O~Nap NapN v ~R4fN M v1hMNM ?• rV M ~+OM ?v1 C.00~0 Na1u10u10 x 007ao ~ o~nov ~ <Pn~ob~btrb ~~pp M W N ul ao O ao 0 m bMO 2cn~n~nxx O i -.Nnv -NM7h~0 v c~ v v v J J J ~I V ~, J G~ ~• C%~? ~• ~ ~ ~ ~I?.~/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Land Description Locust Grove Apartments City of Meridian Temporary Access Easement to Water ~ Sewer Facilities January 2001 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 7; thence S00°00'00"W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00"W, 659.60 feet to the eas#erly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office. of the Ada County Recorder; thence N00°05'00"W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2; .thence N30°08'00"W, 94.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N43°18'00"W, 66.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N49°22'00"W, 131.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N32°38'00"W, 73.70 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N21 °22'00"W, 114.70 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2; thence N29°21'00"W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right of-way of Stonehenge Way; thence 48.71 feet along the southeasterly right-of-way of Stonehenge Way along anon-tangent curve deflecting to the left, with a radius of 141.42 feet, a central angle of 19°44'10",along chord of 48.47 feet, and a chord bearing of N40°07'20"E; thence S59°44'38"E, 53.82 feet; thence 56.17 feet along anon-tangent curve deflecting to the right, with a radius of 97.50 feet, a central angle of 33°00'37",along chord of 55.40 feet and a chord bearing of N48°05'05"E; thence N64°35'21"E, 54.26 feet; thence N25°24'39"W, 12.00 feet; thence 21.22 feet along a tangent curve deflecting to the right, with a radius of 14.00 feet, a central angle of 86°50'14",along chord of 19.25 feet and a chore! bearing of N18°00'27"E; thence N61 °25'34"E, 93.48 feet; thence N90°00'00"E, 75.15 feet; thence 22.51 feet along a tangent curve deflecting to the right, with a radius of 39.00 feet, a central angle of 33°04'08", a long chord of 22.20 .feet and a chord bearing of S73°27'56"E; thence S56°55'52"E, 12.10 feet; thence 4.63 feet along a tangent curve deflecting to the right, with a radius of 39.00 feet, a central angle of 06°48'30",along chord of 4.63 feet and a chord bearing of S53°31'37"E to the Real Point of Beginning: Thence continuing 34.12 feet along a tangent curve deflecting to the right, with a radius of 39.00 feet, a central angle of 50°07'54",along chord of 33.05 feet and a chord bearing of S25°03'25"E; Thence S00°00'32"W, 24.58 feet; Thence S89°59'28"E, 20.00 feet; Thence S00°00'32"W, 20.00 feet; Exhibit C Page 1 of 2 Thence N89°59'28"W, 20.00 feet; Thence S00°00'32"W, 20.00 feat; Thence N89°59'28"W, 14.00 feet; Thence N00°00'32"E, 94.51 feet to the Real Point of Beginning. Exhibit C Page 2 of 2 £7 - - !7 `~ .IS'66 3_ l£. OU 00 !d ~~ 6J 2'j e L` .o a ~ O + m e~ ~ o w u1 \' O a Vh a • > a c .~ .. m ... e E ^- ~ a G m ~ e E a ~` a o ,~ ~ ~ W ro O a ,, W a a O Z W W W W W ~ ~ m~ N m ,,,, 41N W~aO ON41MN m ~ V 3 ~'` G -0 L O ~ m ~' V m ~ ~ ~ M OO~ ~ O y ` er + ~ h N ~? O C G ~ = 2 2v1hh O ~ ~, a!I a W W U " +- ~ ~ > Q a v m O~nOMR ~ V~hNWO ~ O O ~ Q W W ' yy i m z U Q N M U J 0 ~ O .. '' o ulaoNv W ro N 41 M N 2 aDM~ Nao N + i.. N + M N V "N~'O+ W. _ . q ~p N?? ~ ~ 0 0 ap O O O O O 41 N N M ~ 0+ 41 0 0 0 0 0 y N N? 0 0 0 6 7 N N h h N+ 4 y 0 0$ 0 0 41 O o O O A M M M 3u,3w~~~~ O~ h N ~o N ao N ao w ^ RmNQ M!~1MNMNMN ~ M+OM41 ~ V~410qp O~OCA ~, of 0 41 0 41 41 p 2 O O R aO N ~ ~ ~41~pO~C~Obf bk10 V'O O M0 0 wN4loaomo~ m Ma p 4 1 ti 2~nh4ay2v~2 W Q ~ +NM~t tr 1,~ w+N~'1R41 VDNaD 1 J U U U U U U J J J J J J J J J L, w C~ z w 2 w Z O t- z Z -off 2 z ~'G FAIRVIEW AVE ~AIN Settlers Canal Canal B ~.~ ~.~ PENN STATION APARTMENTS ~, ~~ `~, FJrurzE l.cxc.)~f' ~k'-~~. ~h~A~e~-wc~~~ JUNKYARD w 6 7 0 w c~ H U O J 5 8 __.T' R al Point of Beginning -~ Real Point of Beginning (`1J ~~ ~~ I i I ;~ rn ~n~ ~.~n S ~~1` ~ ~ ItMPUKfIKY ACCtS'S EASEMENI hKUM C'tNItKS CONS7RUC77UN INC. Real Point 01 beginning Real Point of beginning ~~ m ~\ NOT TO SCfiLE z o' a. i ~ ~ ~~ PERMANENT WATER /1 ND SEWER E.A SEMEN T FROM CENTERS CONSTRUCTION INC. itrirOKNKY ACCESS E%1 JCI~`IEIV T FRDI`I L C DC ;'CL 0 PMC/V T PERMENENT WATER AND SEWER EASEMENT FROM L C DEVELOPMENT FJTU~ (.~x.usr C-r~,~~,. /~~rR~C'{M~ B 8 A ENO/NEERS INC. 5505 W. FRANKL 1 N RD. BOISE, lD. 83705 JANUARY, 200 f \-~ ~'~ \~