Sanitary Sewer Easement with Fedrizzi, Richard and Patsy for Black Cat Sewer Project
I
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO OB/02/04 03:00 PM .
DEPUTY Joanne Hooper
RECORDEO-REQUEST OF
MERIDIAN
, AMOUNT .00
EXHIBIT A
1111111111111111111111111111111111111
104098795
.=WER EASEMENT
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THIS INDENTURE, effective this .2!!day of..Ji..lAUL, 2004, by the undersigned Richard
and Patsy Fedrizzi, who maintain a mailing address of 3026 South White Post Way,
Eagle, ID 83616, 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".
WITNESSETH:
WHEREAS, the Grantors desire 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
Grantors, and other good and valuable consideration, the Grantors do 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 LEGAL DESCRIPTIONS)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times.
The temporarv construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates at which time
payment for the temporary construction easement will be sent by certified mail to
the GRANTOR by the CITY.
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 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 and 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.
SANITARY SEWER EASEMENT, Page 1 of 2
page.L.o&
THE GRANTORS do hereby covenant and agree that they will not place or allow to
be placed any permanent structures, large trees or brush within the area described
for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS do hereby covenant with the CITY that they are lawfully seized
and possessed of the aforementioned and 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 WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
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STATE OF IDAHO)
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County of Ada)
On this ..2!!!:day of 2004,'-þef re m ,
personally appeared ~. ; proved to me on the
basis of satisfactory evidence to be the pe~ ons who mes is subscribed to the
within instrument, and acknowledged that they executed the same.
~¿AII/~bJ 'y.;;Afc)
NOTARY PUBLIC FOJfíõAHO
Beneficiary: CITY OF MERIDIAN
My Commission Expires on ~//,!/ðEš'
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Engineers
Surveyors. Planners
Project: 11S73
Grantor: Ri.chard and Patsy Fedrizzi
Parcel: 11
Date,: December 15, 2003
EASEMENT DESCRIPTION
Tnat portion of the Southeast 14 of Section 15, Township 3 North, Range 1 West, .Boise Meridian,
Ada County. Idaho, as shown on the attached exhibit, and mOre particularly described as follows:
A permanent easement lying 12,00 feet to the left and 20,00 feet to the right of the folloWing
described line:
Comme.ncing at the East 14 corner of Section 15,niarked by a .5/S-inc:hiron pin; thence aldng the
Easterly boundary otthé Southeast 14 of said section, .SouthOO'29'S9" West, 62,00 feet; thence
North SS' 53'OS" West, 25,OOfeet to the POINT OF BEGINNING;
thence continuing Westerly alòngsaid line, North SS' 53'OS" West, 277.43 feet;
thence North 61'54'41" West, no. SHeet to the POINT OF TERMINUS.
The sidelines of this eas.ement are to be lengthened or shortened to the parcel boundaries to form.
a dosed figure.
Containing 0,293 acres (12,755 square feet), more or less,
TOGETHER WITH:
¡I, temporary easement 50.00 feet in width JyingSouthwesterly from and cohtiguouslywith the
Southwesterly limits oUhe above-described permanent easement. .
Containing 0.571 açres (24,901 square feet), mOre or less.
i;ND .OF DESCRIPTION
Prepared by:
J,U'B ENGINEERS,lnc,
Rqnald M. Hodge, P,LS.
RMH/mrè:lhc
F:IProjectManagersIPHK\11873-Black ÇatI11873-$ur\DescriptionsIESMT11 ,doc
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LEGEND
PERMANENT EASNEsMmENuTcTION EASEMENT
. 0 TEMPORARY CO
. EXISTING RIGHT OF WAY 100
-.¡w-.~ CENTER LINE
- - - - - SECTION LINE
- - - - PROPERTY LINE
------ /B" IRON PIN
=-- - .:! - - - - ~~~;Dp~RDAM DRAIN EASEMENT
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SCALE:
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CITY OF MERIDIAN
BLACK CAT SEWER PROJECT
RDAND PATSY FEDRIZZI
RIC~ARCEL: EXHIBIT 11p
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CITY OF MERIDIAN
PURCHASE ORDER
olfe ;;dia: n
IDAHO
BILL TO CITY OF MERIDIAN
33 E. Idaho Ave
Meridian, ID 8364
(208)888-4433 FAX (208)887-4813
SHIP TO:
Public Works
Karie Glenn
660 E Watertower
Suite 200
Meridian ID 83642-
(208) 89806500 fII (208) 887-1297
¥IIIIIr: Richard and Patsy Fedrizzi
3026 S White Post Way
Eagle
ID
83616
Purchase Orde£ #: 1432-04-387
Date Ordered: 7/1912004
~By: Clint Dolsby
Qty Item Description
I ¡temp & perm sewer easement settlement
Invoice #/Part # DMsion ACCOODt # Total Amt
I S1215417210 I 3590 96162 $13,900.00
Total Due: I $13,900.00
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II1III/11III
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EASEMENT CASH SETTLEMENT
IIPT APPIIIIVAl
-- APPIIIIVAl
II1III/11III
city of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: #11873 Black Cat Sewer Project
Parcel # and O,"-~~A ,SI2154n~J)Y Richard and Patsy Fedrizzi
Date of Offer: ~«./ .~ Ø(t!1:Ol"
TillS RIGHT -OF- WAY CONTRACT, made this day of 2004, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Richard and PatBy Fedrizzi, herein called "GRANTOR".
WHEREAS, subject to the teTIllS outlined below, GRANTOR agrees to deliver to the CITY a Pennanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties bereto agree as follows:
I. A. CITY shall pay GRANTOR and the lien bolder, if any, such sums of money and/or benefits as.are set out below:
ITEM DESCRIPTION
AREA
(Ft')
8,006
24,910
GROSS VALUE VALUATION EASEMENT VALUE
($/Ft') FACTOR ($)
$2,60 50 % $10,400
$2,60 10 % x 50 % $ 3,500
Permanent Easement
Temporary Easement
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
$13,900
B. The CITY further agrees to provide GRANTOR with a block-out ITom a main line manhole strategically located.
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose ITom two options for just
compensation for both the permanent and temporary easements as determined by a certified real estate appraiser:
~ash Payment' in the amount of F t -:; 900
" -
0 Donation value of the easement
'Grantor will receive payment for the pennanent éasementwithin four weeks following the recording of the
easement and payment for the temporary construction easement at the expiration of the construction contract.
3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the perfonnance of which constitutes the entire consideration for
the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of
the location, grade, construction and maintenance of the proposed sanitary sewer line.
4. The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to
which this document applies, are fully authorized to execute this docwnent and forever bind themselves, their successors
and assigns and the subject property to the tenns set forth herein.
e arties have executed this contract the day and year fITst above written.
By
GRANTORS
. 111111""'1/11 ~~
"'~ cfi' MEf1b/.}jlllj Richard Fedrizzi
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$' èf I'\POR..<¡~~ \. ~i,.
~ '" ;0 ~ Patsy Fe ' , ,
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Date:
6/9/2004