HomeMy WebLinkAboutFirst Amendment to Easement Agreement with B&F Enterprises for B&F Enterprises~ ~
FIItST AMENDMENT TO EASEMENT AGREEMENT
~~
THIS AGREEMENT entered into and effective the 3 day of
1999, by and between B. & F. ENTERPRISES, an Idaho general Partnership, hereinafter
referred to as "Grantor", and the City of Meridian, an Idaho corporation, hereinafter
referred to as Grantee.
SECTION 1
RECITALS
1. l WHEREAS the parties to this Agreement entered into that certain
Agreement dated the 22°d day of December, 1995, wherein Grantor
granted a permanent Sewer Line Easement and Temporary Construction
Easement to Grantee subject to the terms and conditions as set forth
therein; that the Sewer Line Easement and Temporary Construction
Easement was recorded as instrument number 96008003 records of Ada
County Recorder's office and hereinafter for convenience referred to as
Agreement; and
1.2 WHEREAS the parties have since learned that a full utility easement will
be required for future construction, as a result it is necessary to amend the
Agreement to provide for utility easement, particularly domestic
waterlines;
NOW THEREFORE, based upon the above and foregoing consideration
of the mutual promises and covenants contained herein, and intending to be legally bound
hereby, the Parties agree as follows:
SECTION 2
Z.1 That the Agreement by and between the parties dated the 22°d day of
December, 1995 be and the same is hereby amended to provide for a
general utility easement specifically including sewer and water and related
temporary construction easement.
2.2 All other terms and conditions of the Easement Agreement are hereby
affirmed.
2.3 However, if a waterline or a sewer line is not constructed in the easement
area within two years of the day this Amendment is signed, this
Amendment and the Sewer line easement dated the 22°d day of December
1995 will become null and void.
FIRST AMENDMENT TO EASEMENT AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement
effective as of the date first above written.
B. S~ F. ENTERPRISES
By; , Ge~ r~eral Partner
rl P OWN ~ ~~~/yG-~N
CITY OF MERIDIAN
o ert D. Cowie, Mayor
ATTEST:
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William G. Berg, Jr. r
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City Clerk -
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FIRST AMENDMENT TO EASEMENT AGREEMENT - 2
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STATE OF IDAHO )
ss.
County of Ada )
On this ~ da o.
Y 1999, before me,
personally appeared ~ ~,,
. known or identified to me (or proved me on the oath of
~~~"~~~~~ ~laww~l ~ ~~J ~, to be the person whose name is subscribed to the
vVithin instrument, an acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da ~~~~d®~~~ in this certificate first above written.
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SEAL ~*Z~ PUBLl~ ,a
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~'••qT~ OF ZpP•••
State of Idaho
;siding at vL?~ I~1tit;
y commission expires: ~
STATE OF IDAHO )
ss.
County of Ada )
~~
On this ~ day of ~ 1999, before me,
personally appeared . ~/f i
.1 <n wn or identified to me (or proved to me on the th of
to be the person whose name is subsc ibed to the
within inst ment, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~•° ~~ : L. Sj ~.i
'~•.~' ~1,.••`~ «'••.~'~J.'•.~~ Not y Public, Sta~~e of Idaho
~ ~~~4,~~ ~ ~ Residing at IGha-~
* ! .~,.~ i * + My commission expires: ~
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EASEMENT AGREEMENT -