Permanent and Temporary Easement Contract with Brighton Investments, LLC for Turnbull, David
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 01/27105 11:15 AM
m~~~E~i:~:~~~ST OF 1111111111111111111111111111111111111
Cily 01 Meridian 10501Ø112
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 Sloueh Sewer Trunk Line
Parcel # and Owner: 6B S0425131750 BrillhtonInvestments LLC
Date of Offer: Sentember 24 2004
THIS RIGHT-OF-WAY CONTRACT, was made this Mday of Sent ember. 2004, between the City of Meridian, acting by it
Mayor and Council, herein Called "CITY" and Brillhton Investments. LLC., herein called "GRANTOR".
WHEREAS, subject to the teums 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, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($)
(Fr) ($lFr) FACTOR
Permanent Easement 67,082 .8034 50% $ 26,947
Temporary Easement 58,370 .8034 12% 5627
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 32,574
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 easement as determined by a certified real estate appraiser:
æ( Cash Payment" in the amount of
f~'Z,r;7f
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 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 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 first above written.
GRANTORS
Date:
ATTEST:
William Berg, Jr., City Clerk -
:>
Date approve by Council: I--IP....¡¡$
108038/5/04-537 die
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LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # S0425131750
OWNED BY BRIGHTON INVESTMENTS, LLC
This pennanent sewer line easement is situated within the NE \4 of Section 25, Township
4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an easement 45 feet
in width, along the following described line with sidelines of said easement shortened or
lengthened to fit the grantor's property lines:
Commencing at the E ~ comer of Section 25; thence along the southerly line of
the NE ~ of said Section 25, N89°26'59"W, a distance of2674.95 more or less feet to
the C \4 comer of said Section 25; thence along the westerly line of parcel
#S0425131750, NOoo32'54"E a distance of393.45 to a point; thence N45°48'59"E a
distance of240.56 feet to the POINT OF BEGINNING
From this point on said easement being 14 feet right and 31 feet left. Thence
S44°11 'OI"E a distance of 777.76 feet to a point. From this point on said easement being
15 feet right and 30 feet left. Thence N45°50'17"E a distance of 540.84' to a point,
thence S44°09'43"E a distance of 178.78' to a point on the easterly line of the said parcel
#S0425161750, also being the END POINT of this easement description.
The easement described contains 1.54 acres more or less
Basis of Bearing N89°26'59"W (fonner1y N89°27'26"W) from the East \4 comer to the
Center ~ comer.
See: Exhibit "A-2"
Exhibit A- I
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I~- --- SECTIO~ 25 T.4:-.. R.1W., B.M.
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BASIS OF B£ARING
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CITY OF MERIDIAN PUBLIC WORKS
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DRAWN BY: -l!Q... DATE:.J~.:... 22...., 2002.. PROJECT:
CK'DBY: --~ SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED: LEGAL: A PORTION OF SEC. -~,
- T.!.N., R.!.W., 8.M., ADA COUN1Y,
CITY ENGINEER DATE IDAHO.
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CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _.R\L DATE:.,.,J~.:... .!p-, 200.§.. PROJECT:
CK'DBY: --~ SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED: LEGAL: A PORTION OF SEC. -~,
- T.£N., R.l..W., 8.M., ADA COUNTY,
CITY ENGINEER DATE IDAHO.
EXHIBIT B-1
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EXHIBIT A
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~ day of January, 2005, by the undersigned
BllIffl17)IIIAJvesrJ4~rJu.t who maintains a mailing address of /'J.~tll /I/.5'xPU;æa.. tJI2. ~/JIT~ Ulð
!9(}/M!, ,ID U7/3, 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 maintenanc-e,
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.
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Grantor !3rt¡(rlfTO!l /foIi/6STAIGl/"TS /.-l..(!...
STATE OF IDAHO)
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County of Ada)
On this / (!4Jay of 6 ¡;;;;;AkM;-2005, before me fx;:x-u tJ-.-A. H--Avt ¡¿;,
personally appeared ~ -W.I if n ~ , proved to me on the
basis of satisfactory evidence to be the persons ose names is subscribed to the
within instrument, and acknowledged that the ex cuted the same.
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Date approved by Council:
SANITARY SEWER EASEMENT, Page 2 of 2
Pagp. \ 0 nt..1.:.
STATE OF IDAHO, )
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County of Ada
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On this~day 0 ,~efore me, the
undersigned, a Notary Public in and f aid State, rsonally 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 and year first above written,
(SEAL)
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NOTARY PUB~OR IDAHO (\, J\JJ
RESIDING AT: \~tY-... \)
MY COMMISSION EXPIRES: \(\ -A~(\q
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