Permanent and Temporary Easement Contract with Paramount, LLC Turnbull, David for North Slough Sewer Trunk
ADA CDUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00 8
BOISE IDAHO 01/27/05 11:15 AM
~~~~~~E~i:~:~~~ST OF 1111111111111111111111111111111111111
City of Meridian 105010111
I
This sheet has been added to document
to accommodate recording information.
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 103083 - North Slowrn Sewer Trunk Line
Parcel # and Owner: 6B SO425141900 Paramount.LLC
Date of Offer: SeDtember 24.2004
THIS RIGHT-OF-WAY CONTRACT, was made this M day ofSeDtember. 2004, between the City of Meridian, acting by it
Mayor and Council, herein Called "CITY" and Paramount LLC" herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibit "A-I", "A-2", and "B-1" dated Jan. 10,2005:
NOW THEREFORE, the parties hereto agree as follows:
1.A.CITY shall pay GRANTOR and the lien holder, ifany, such sums of money and/or benefits as are set out below:
ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT V ALOE ($)
(Ft') ($IFt') FACTOR
Permanent Easement 16,117 .8034 50% $ 6,474
Temporary Easement 10,890 .8034 12% 1050
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 7,524
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose nom two options for just
compensation for both the permanent and temporary easement as determined by a certified real estate appraiser:
æ( Cash Payment' in the amount of I/; 7. s-z'Í-
0 Donation value of the easement
"Grantor will receive payment for the permanent easement within four weeks following the recording of the easement
and payment for the temporary construction easement at the expiration of the construction contract.
3. The 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 mairitenance of the proposed sanitary sewer line.
4, The term of the temporary easement shall expire when the construction contract terminates.
5, The parties whose name 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 flfst above written.
GRANTORS
ATTEST:
Date approve by Council:
IOS038/5/04-537-2 dIe
?I97tA?UOUIJ-rU{!
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Date: j-I/-tJ tj
Pa..'y! r
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LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # SO425141900
OWNED BY PARAMOUNT, LLC
This permanent sewer line easement is situated within the NE Y. of Section 25, Township
4 N, Range 1 W, Boise Meridian, Ada County, State ofIdaho. Being an easement 45 feet
in width, 30 feet Left and 15 feet Right along the following described line with sidelines
of said easement shortened or lengthened to fit the grantor's property lines:
Commencing at the E Y. comer of Section 25; thence along the southerly line of
the NE Y. of said Section 25, N89°26'59"W, a distance of2674.95 more or less feet to
the C Y. comer of said Section 25; thence along said southerly line S89°26'59"E, a
distance of 1230.01 feet to a point on the westerly line of parcel #S0425141900; thence
along said westerly parcel line NOooI2'01"E a distance of263.71 feet to the POINT OF
BEGINNING
thence S44°09'43"E a distance of 371.07 feet to a point on the southerly line of the NE 1;'
of said section 25, also being the END POINT oftlús easement description.
The easement described contains 0.37 acres more or less
Basis of Bearing N89°26'59"W (formerly N89°27'26"W) ftom the East Y. comer to the
Center Y. comer.
See: Exhibit "A-2"
Exhibit A-I
Date 1/10/05 r')
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CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _.B.!L DATE:_~-,- !Q-. 2002. PROJECT:
CK'DBY: --~ SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED: LEGAL: A PORTION OF SEC. _2~.
- T.!.N., R..1..W.. 8.M.. ADA COUN1Y.
CITY ENGINEER DATE IDAHO.
EXHIBIT A-2
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SECTION 25 TAN., R.1W., B.M.
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REV. NO.
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CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _.RQ... DATE: JAN, 10 , 2005 PROJECT:
CK'DBY: _OK SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED: LEGAL: A PORTION OF SEC. --?~,
- T.!.N., R..LW., 8.M., ADA COUNlì',
OTY ENGINEER DATE IDAHO.
EXHIBIT B-1
EXHIBIT A
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 1- day of January, 2005, by the undersigned
~A1'U'>1tf}""'r u.e ,who maintains a mailing address of 1'2.v.() I W, GxP/AJtI,/:d!, 1»2. :>dI/7e lBO
Am M ,ID 8~7/3, hereafter referred to as "GRANTOR" 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 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 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
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THE GRANTOR(S) 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 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 he 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 first hereinabove written.
£ÁÁ/~ø~ /J14NMltlú At€YH 13@.
¡.' Grantor PA-12AmOtlN7 t.-L-t!..-
STATE OF IDAHO)
) ss
County of Ada)
On this /I~ay oh ~OO5, before me ~
personally appeared W .llJV"~~ , proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same,
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Beneficiary: CITY O~_M§BIIJIA~-
SANITARY SEWER EASEMENT, Page 2 of 2
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STATE OF IDAHO, )
: ss,
County of Ada )
On this~day of ~efore me, the
undersigned, a Notary Public in and for id State, pe onally 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,
(SEAL)
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