HomeMy WebLinkAboutWater Main Easement with Patterson, James D. for Locust Grove Water Main Extension6
BO SE~DAHO ?J02113ER1C05 AM her D. Rich AMOUNT .0
DEPUTY Lisa Bari III IIIIIIII~I~~~~I~~~~~~~~~~~~~~~ ~ ~~~
RECORDED-REQUEST OF 11312580
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~~ day of ov mb~e~, 20~.between James D. Patterson, the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WI~REAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright-
of way for an easement for the construction operation, maintenance, repair, replacement ofa water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities,togetherwith their maintenance additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right of way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such constn~ction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacingor restoring anything placed within the area described in this easementthat was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they 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 theuse of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right of
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right of way and easement hereby granted which lies within 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementionedand described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WI~REOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
Ja a D. Patterson
STATE OF IDAHO )
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County of Ada )
On this da of ~ 20 ~ before me the undersi ned a Nota
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Public in and for said State, personally appeared James D. Patterson, proved to me on the
basis of satisfactory evidence to be the person(s) who name(s) is (are) subscribed to the
within instrument, and acknowledged that he (she) (they) executed the same.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
(SEAL)
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NOTARY BLIC FOR AHO
Residing at
Commission Expir '7 's
GRANTEE: CITY OF MERIDIAN
Tammy de Wg~r~, Mayor
Attest by cee L. Holman, City Clerk
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STATE OF IDAHO )
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County of Ada )
On this ~' da of ~ m!- ~ 20 before me, the undersi ned, a Not
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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.
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CITY OF MERIDIAN
WATER EASEMENT ACQUISITION
PATTERSON PROPERTY
Located in the
NE 1/4 SE 1/4 SECTION 30
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M.
ADA COUNTY, IDAHO
LEGEND
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City of Meridian
33 East Broadway Ave., Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Locust Grove Water Main Extension
Parcel # and Owner: 51130417300 -James D. Patterson
Date of Offer: November 18, 2013
THISRIGHT-OF-WAY CONTRACT, made this day of 2013, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and James D. Patterson, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Potable Water
Easement included herewith as Exhibits "A" and "B":
NOW THEREFORE, the parties hereto agree as follows:
1. 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 (acres)
Permanent Easement 0.048
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
$b,500.00
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:
X Cash Payment* in the amount of $6,500.00
^ Donation value of the easement
*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 above.
3. This Contract shall not be binding unless and until executed by the Mayorand/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 and potable water line.
4. 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.
CITY OF MERIDIAN
BY. ~ / 9
Tammy d W erd, Mayor
ATTES
Date approved by Council:
GRAN ~tS
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By•
James D. Patterson
Date: ~'
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