HomeMy WebLinkAboutPermanent Easement Contract with Edmonds, Wirt for Mason Creek Lift StationCity of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Mason Creek Lift Station and Pipelines Proiect
Parcel # and Owner: Wirt Edmonds
Date of Offer: February 28, 2007
THIS RIGHT-OF-WAY CONTRACT, made this day of 2007, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Wirt Edmonds, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(Ft2) ($/Ft2) FACTOR ($)
Permanent Easement 1,565 $2.30 50% $ 1,799.75
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
1 799.75
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for the permanent easement:
Cash Payment* in the amount of $1,799.75
^ Donation value of the easement
$1,799.75
*Grantor will receive payment for the permanent easement within four weeks following the recording of the
easement and acquisition of the easement preparation contract noted in Item 1 E above.
3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for
the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of
the location, grade, construction and maintenance of the proposed sanitary sewer line.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to
which this document applies, are fully authorized to execute this document and forever bind themselves, their successors
and assigns and the subject property to the terms set forth herein.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
By:
Date approved by
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Page 1 of 1
S:\Public Works\Clint D\Collection\SLiftStazion\Contract Edmonds.doc
CITY OF MERIDIAN
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03129/07 01:49 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF II I I' II'I'I'I'I I I'I I'I I' I I' I II' II
Meridian City i ~~~~~`'~~
This .sheet has been added to document
to accommodate recording information
SANITARY SEWER EASEMENT
MASON CREEK LIFT STATION AND
PIPELINES PROJECT
WIRT EDMONDS
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 1~~--~ day of ~~.~'.tc~-~ , 2007, by the
.undersigned Edmonds Groves Land Holdings, Inc, an Idaho Corporation., property owners,
who maintain a mailing address of 6233 N. Discovery Way, Suite 100 Boise, Idaho 83713,
hereafter referred to as "GRANTORS" for the benefit of the City of Meridian, a municipal
corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street,
Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSET~t:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of--way across the
premises and .property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to .be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
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 CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBIT A)
The permanent easement hereby granted is for .the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and atl times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated ,herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agree that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
SANITARY SEWER EASEMENT, Page 1 of 3
purposes stated herein.
2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, _by and between the parties
hereto, that the CITY, in constructing and in making future repairs, will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking such construction, repairs- aad= replacement.
However, the CITY will not be responsible for repairing, replacing or restoring
any permanent structures, large trees or brush placed within the area described
in this easement.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that be has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day. and year f rst .h. ere'rnabIIVe written.
Edmonds Groves Land 'ngs, I
By:
Edmonds
By:
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
~ ss
County of Ada )
On this ~(~ day of ~-Q-~2-~- •~r , 2007, before me, 4 i~~ ,
personally appeared i~r~ ~uv ~,~:c and ,pro d to me on the
basis of satisfactory evidence to be the person( )whose names are subscribed to
the within instrument, and acknowledged that ~ executed the same.
.•~~,CY ~'IR °••
:~ •~
~pTA~y ~ BLIC FOR IDAHO
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'. PUBLIC
~.~'••..••,...••'~°~.•'~ My Commission Expires on ~ ~
•.,~9~,E OF 19Q.,•..
Beneficiary: CITY OF MERIDIAN
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Tammy de rd, Mayor ~ ~~
ATTEST: ~ , - ~~"
William Berg, Jr., City Clerk ~' ~
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Date approved by Council: (~~rc,1~ -~,~ ~,~~ ~~~,r''`~<~,,¢,,,; le~~,*;s4Rt`,~~~,
STATE OF IDAHO,
ss.
County of Ada )
On this :~ ~ ~~ day of ~'~i ~~~ ~ L'l , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared Tammy de
Weerd and William G. Berg, Jr., 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 ar~~y~a~first above written.
.•~Q~Y-~ '•.
(SEAL) ~ ~ NOTARY PUBLIC FOR IDAHO
' • RESIDING AT: Iti1C (; ~~ ,~
~ ~~ , ,' it MY COMMISSION EXPIRES: J I1 -/t - /J
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SANITARY SEWER EASEMENT, Page 3 of 3
Edmond Groves Land Holdings Pazcel
Waterline Easement
Legal Description
December 29, 2006 EXhibit "A"
A parcel of land situated in the Southovest l of the Southwest l of Section 26; Township 3 North,
Range i West, Boise Meridian, Ada County, Idaho, and-more particularly described as .foIiows:
Commencing at a .brass cap monumenting the southwest cornea of said Section 2G, from which a brass
cap monumenting-the % earner common to sad.Section 26 and Section 27 beats
North 0°3`43" East talso shown of record as North DO°06'22"-East) 2658.35 feet:
Thence along the westerly line of said Section 26, North 0°32'45" East 822:16 feet;
thence leaving said westerly line, South $9°27' IS" East 34:00 feet to the easterly right of way of Ten
MOe Road;
thence along said easteri-}+ right of-way North U°32'45" East 56.34 feet to the POINT OF
$EGINNENG;
thence continuing along saidright of-wray North fl°32'45""East 54:06 feet
thence South 4~°3?"3?" East 4'x:41 feet;
thence Sottttt 0°22'24" 'Vest 36.21 feed
thence South 45°22'24" `W est.2.63 feet;
thence North 55°QO'O6" West (also shown of recprd as. North 55°26'29" West) 40.38 feet tc~ the POINT
QF BEGTlVNiNG, comprising 1565 square feet, amore or less.
Prepared by
CH2M HlI L, Inc.
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