Permanent and Temporary Easement Contract with Palmer, Oliver and Barbara for McMillan Water Extension
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 08/17/06 01:17 PM
DEPUTY Palll Thompson 1111111111111111111111111111111111111
RECORDED - REQUEST OF 106133461
City 01 Meridian
This sheet has been added to the document to
accommodate recording information.
Permanent and Temporary Easement Contract
Parcel R1608650180, Oliver and Barbara Palmer
Approved by the Meridian City Council on August 31,
2004.
-'.~"1'"".
...:-I.~~--.
City of Meridian
33 East Idaho Street, Meridian, In 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: McMillan Water Extension
Parcel # and Owner: Rl608650180
Date of Offer: 8-17-04
THIS RIGHT-OF-WAY CONTRACT, was made this 7 t1- day of ~lffl"11EI1ESK:...., 2004, between the City
of Meridian, acting by it Mayor and Council, herein Called "CITY" and C> L I /) M- 1 8/JtfUYl-tlA pa L,." G;; rz... ,herein
called "GRANTOR".
Oliver and Barbara Palmer
WHEREAS, subject to the terms outlined beluw, GRANTOR agrees to deliver to the CITY a Permanent Potable watcr
Easement and Temporary Construction Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
1.A.CTTY ~hall 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 VALUE ($)
(Pt2) ($lFt2) FACTOR
Permanent Easement 2,100 $1.19 $2,500
Surface Restoration 2,100 $0.357 $ 750
Fencing & Gate Repair 100 LF N/A $1,250
Landscaping & lrrig. 2,100 $0.714 $1,500
Temporary Easement 0 0 0 $ 0
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ $6.000
B. The CITY further agrees to provide (jRANIUR with a stub-out from a main line located approximately (1) within f
the oermanent easement . Plus any other provisions that have been agreed to. ;;;VI ~ "
. CiJ (. c.lV7fVM-7tllL '70 CLeAfZ..- '7 bn-tf t:=:. PG(2.J'>14 fVb-w1 ~"'G. ~. p.
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for both the permanent and temporary easement as determined by a certified real estate appraiser:
~h Payment* in the amount of s,J)( 7l./t)/..f 5./Y'rv.D OO(A...~) .$ Go IO()O. 06
,
D 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 whult: uf lhc;:ir 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 potable water 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 ofthe 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.
104049/5/04-482 die
".","'T
':."~:
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
GRANTORS ;:7 t
() fJ~
~~~p~
~ ~;} 3- 6 f
Date:
By:
ATTEST-:
William Berg, Jr., City Clerk _
C Y 11I17.JJQ~
Date approve by Council: -
:;:;
104049/5/04-482 die
--....."-:.
\-."
EXHIBIT A
POTABLE WATER EASEMENT
THIS INDENTURE, effective this 7:tJ.. day of 5E;'TEI'1'~1l.. , 2004, by the
undersigned Oliver and Barbara Palmer , who maintains a mailing address of 1515 E.
McMillan Road , Meridian , 10 83642, 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, Meridian, Idaho 83642, hereafter referred to
as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a potable water right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the potable water 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 potable water 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 potable water 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 temporary construction easement is for the purpose of construction of a potable
water 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 with a 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, is constructing and in making future repairs,
will expediently replace and restore the premises to the condition
comparable to that existent prior to undertaking such construction, repairs
and replacements. 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.
POTABLE WATER EASEMENT, Page 1 of 2
104049/5/04-481 die
.I..-~.
;--::
EXHIBIT A
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 areas 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
processed of the aforementioned and described tract of land, and that he has a good
lawful right of convey said easement, and that he will warrant and forever defend the title
and quite possession thereof against the lawful claims of all person whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day
and year first hereinabove written.
06fl-f-^, -f2aL~r
G~p~
STATE OF IDAHO )
) ss
County of Ada )
On this~ ~ ,day of ().. ll~ ' 2004, before me t' \
personally appearedOh~G1r"'f'\V" qalr"nQr'", provided to me on the basis of satisfact
evidence to be the persons whose names is subscribed to the within instrument. and
acknowledged that they execute the same.
Beneficiary: CITY OF MERIDIAN
By:
.. .
.. .
: * : ~....
... G .
': .. PhB' \ · ~
till . u. J....I . ....
~ <.P" ... ." c .:
, -r'. . . ..oI.'\.. "III ..
...... -11' ........ ~ ........
'...... 'Ii 0 F \\) ...........
...t."..........
ATTEST:
Date approve by Council:
..';;..
POTABLE WATER EASEMENT, Page 2 of 2
104049/5/04-481 die
... ' '....-
." ...~""::
LEGAL DESCRIPTION FOR PERMANENT WATER EASEMENT
PARCEL #R160865180
OWNED BY BARBARA AND OLIVER PALMER
This permanent water line easement is situated within the NE ~ of Section 31, Township
4 N, Range 1 E, Boise Meridian, Ada County, State of Idaho. Being a 42 foot by 50 foot
parcel 33 feet right (south) ofthe centerline of McMillan Road and more particularly
described as follows:
Commencing at the NE comer of said Section 31, thence N 89044'31 "W, a
distance of 590.36' to a point on the northerly line of Section 31; thence
SOooI5'29"W a distance of 33 feet to a point on the south right-of-way of
McMillan Road and the NW comer of said parcel, said point being the POINT
OF BEGINNING.
Thence S 89044'31" E a distance of 42 feet along the South right-of-way of
McMillan Road to a point;
Thence S 00051' 19" W a distance of 50 feet to a point;
Thence N 89044 '31"W a distance of 42 feet to a point;
Thence N 00051' 19"E a distance of 50 feet along the West property line of said
parcel to a point, said point being the POINT OF BEGINNING.
The easement described contains 0.05 acres more or less.
See: Exhibit "A"
Basis of Bearing N 89044'31"W from NE Comer of Sec. 31 to N. ~ Comer of Sec. 31
ft"
(\.)
c
',:J
~
I"l'
~
-z'
QeD
D~
uJ:Q.
(j)uJ
L\...~O
o :&
uJo
-::to-
...............Z
~ 4. ~
~~
t; ~Z
.?--~~
uJr--O
~O::()
1----04.
Zo
'O.q-4.
--70
or
-(j)
~Z
O~
0-0
I----
4.
v
.q-
o
....
(.f)
IfJ,l1oN ~
Z
~
..,
% ~
~ ~
0. r.
'-:
!\i
\ll
~\t
':\
o ~
,., ,.,
- - - -----
3!\OB~ .\ S(\:)Ol
~ ~
c
o
'~
<.)
(\.)
tf)
-0 00'"
o'
~
\
\
\
\
o
e::.
.0
-z
\~
.'6
C'
o
-
-
~
o
:z
;:-
;;l~~
(-t .
-to
.;;,
~
...
t'I
i
<ll
.:
o
(,)
\ 3=
o
\ ~
~
\ 2
)
\
~
~
~
..
r-
~
~
w
'!1.
w
(j)
'Zw
we::.
-z'<t
4.
~uI
5q
0-0
~
.s:.
~
~
4--,
~~
. .... l;;:S
I.- C,,)o..
<t> ~
c:. E 0 .~
c:o
0 D ...-- i
.-
(J) a... 0
.-
> \-\..l)
.-
-0 Q)r..D
...Q >c:o
:J ~o
\'-..\1) 0 1O
't"-
....... -0 -0 a::.
ooc:~
-l 0 \:)
3: <t> $:
....... \:) 0
<J .-
(j) ..... V>
Q) \:) \- t:
D <:>J
\- ...Q ~
<:...) ..... a...
\:) l0-
rn <:>J
.....
.~
~
::
2
..
,
-\