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EASEMENT AGREEMENT B,.,a I
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This Easement Agreement is made and entered into this ,(•Zday of Jattt~ ~ ~~6, b~~t a undersigned
Curtis D. Peck and Kim L. Peck ,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 Id~li~-,~ dicta,-Idaho 836A~; and its
successors and assigns (the "City") and for the benefit of the Grantor and pres~~i~'~titl fiuture ~owners~of all or any
portion of the Five Mile Drain Property (hereafter described) for the following reasons:
A. The City desires to construct a sewer line through the Grantor's Parcel, as depicted by Exhibit A,
attached hereto and incorporated by this reference.
B. The Grantor recognizes that the presence of the Sewer Line and the availability of City sewer
service to the Grantor's Parcel is a material benefit to the Grantor and such Grantor's Parcel.
Now, therefore, in consideration of the foregoing premises and for One Dollar and other good
and valuable consideration, the sufFciency of which is hereby acknowledged by the Grantor, the Grantor, for his heirs,
successors and assigns, hereby grants the easements hereinafter described and agrees as follows:
Grant of Easements:
The Grantor hereby grants to the City and its successors and assigns the permanent Sewer Line
Easement and the temporary Construction Easement, each of which is more particularly described below:
a. The permanent Sewer Line Easement. The Sewer Line Easement hereby granted consists of the
permanent and perpetual right to excavate, grade and backfill for the installation, repair, maintenance,
alteration, support, lowering or raising of, and to install, repair, maintain, alter, support, lower or raise, and
utilize the Sewer Line in, into, upon, over, across, and under a strip of land being the easterly (20) feet
of the portion of the southwest quarter lying south of Interstate 84 of Section 17, T.3N., R.1 E., B.M., Ada
County, Idaho, as shown on Exhibit A attached hereto and incorporated by this reference; additionally,
Grantor grants to the City the right of permanent access, ingress and egress, to and from the easement,
sewer line and manholes, to perform the acts stated in this Easement Agreement. In furtherance of the
foregoing, the Sewer Line Easement includes, but is not limited to, as well the following --
(i) the right to grade the strip of land described above and to extend cuts and fills for such grading into,
on and along such strip as the City shall deem necessary and the right to use the permanent easement
for construction purposes, as set forth in this Easement Agreement during the construction and placement
of the sewer line;
(ii) upon completion of construction of the trunk line across the Grantor's Parcel and the construction
easement has expired, the City of Meridian, and its assignees, have the right to access the Grantor's
Parcel for the purposes of inspection, repair, and maintenance of the Sewer Line as required; any access
other than through the easement will be by permission only and permission must be obtained prior to
access.
HOWEVER, Grantor shall not unreasonably withhold permission; if an emergency exists and it is
necessary to proceed through Grantor's property to gain access to the easement and grantor's permission
has been attempted to be obtained, but permission has not been obtained, City shall have the right to
access the easement through Grantor's parcel.
(iii) the right from time to time to trim and to cut down and clear away any and all trees and brush now
or hereafter on said strip of land or that may be a hazard to the Sewer Line or interfere with the exercise
of the City's rights hereunder;
EASEMENT AGREEMENT - 950904 Page 1
(iv) the right to install, maintain, and use gates in any fence that now or hereafter crosses said strip of
land;
(v) the right to mark the location of said strip of land, its centerline or the Sewer Line by suitable markers
set in the ground;
(vi) as long as the Grantor's property remains undeveloped, the City shall have the right to gravel all of
the easement, or portions thereof, for access purposes, and the City shall have the right to place
manholes in, and/or on, the surface of the easement and shall have the right to access the permanent
easement and the sewer line and to maintain and repair the sewer line, either before or after the
development of Grantor's parcel. The Grantor shall have the right to remove the gravel as his property
is developed but City shall still have the right to access for maintenance and repair; and
(vii) when, and as, Grantor's property is developed, Grantor grants to the City the right of permanent
access to the easement, the sewer line therein, and the manholes, as stated in the first paragraph of this
section 1.a.
The Construction Easement: The Construction Easement hereby granted consists of the right to perform
work necessary or advisable for the construction of the Sewer Line, including but not limited to surveying,
excavation, installation, repair, maintenance, alteration, support, lowering or raising, and inspection or
testing of the Sewer Line, and related incidental excavation, grading, roadwork and the like necessary or
advisable to complete construction of, and to place in operation, the Sewer Line and related service road
(the "Construction Work"), which Construction Work shall be performed, occur in and be confined to the
space that is upon, over, across, and under a strip of land being the westerly (55) feet of the easterly (75)
feet of the southwest quarter lying south of Interstate 84 in Section 17, T.3N., R.1 E., B.M., Ada County,
Idaho, as shown on Exhibit A. Since the construction easement is fifty-five (55) feet and the permanent
easement is twenty (20) feet, the City shall have seventy-five (75) feet within which to perform
construction. The Construction Easement shall expire when the construction contract terminates.
c. Exercise of Rights through Third Persons: The Grantor understands and agrees that the City shall be
entitled to exercise the rights hereby granted by the employment or other arrangement for employees,
agents, consultants, independent contractors and other persons engaged for any portion of the
Construction Work or, in connection with the permanent Sewer Line easement, to excavate, grade and
backfill for the installation, repair, maintenance, alteration, support, lowering or raising of, and to install,
repair, maintain, alter, support, and lower or raise the Sewer Line and related service road.
2. Grantor's Title and Authority
The Grantor hereby covenants, represents and warrants to the City that such Grantor has fee title to
Grantor's Parcel, described in Exhibit "A" and full power and authority to grant the Sewer Line Easement and
the Construction Easement.
General Terms and Interpretation
a. Existence and Course of Sewer Line. The description of the proposed Sewer Line is not a promise by
the City or the developer, Craig Groves and Gary L. Voigt, to build such a sewer line.
Benefits and Burdens to Run with the Land. The benefits and burdens of this agreement shall run with
the land. The City is authorized to record this Agreement in the records of Ada County, Idaho.
c. Entire Agreement: Modifications. This Agreement represents the entire agreement between the Grantor
and the City covering the subject-matter hereof, replacing and superseding all prior and other
contemporaneous discussions, representations, understandings and agreements. This Agreement shall
not be modified except by a written instrument executed by the party or parties to be bound.
EASEMENT AGREEMENT - 950904 Page 2
d. Other Uses within the Easements. The Grantor reserves the right to use the land within either easement
(the Construction Easement and the Sewer Easement) for any use that does not interfere with the full
enjoyment of the easements hereby granted; provided, however, the Grantor covenants, for himself, his
successors and assigns, not to build, erect or construct any structure, improvement, well or other
obstruction or either strip, or to diminish or substantially add to the ground cover over the Sewer Line, or
to excavate within the bounds of either easement; provided, further, the Grantor's covenant not to build,
erect or construct within the Construction Easement shall cease when the Construction Easement expires.
e. Consideration for Diminution in Value. The Grantor agrees that the consideration recited herein is for the
rights granted and includes as well full compensation for any damage to or diminution in value of the
Grantor's Parcel
Gender and Number. Unless the context specifically requires otherwise, the singular includes the plural,
and vice versa, and each gender includes every other gender. In particular, but not by way of limitation,
the term "Grantor" includes jointly and severally each and every person or legal entity who executes this
Agreement in that capacity.
Special Provisions. In addition to the foregoing, this Easement Agreement incorporates herein Exhibits
A, B, C and D, and particularly those special provisions set forth in Exhibit C, all of which Exhibits are
attached hereto and incorporated by this reference.
Bindin .This agreement shall not be binding upon the parties until all of the parties have signed and the
Meridian City Council shall have authorized, or ratified, the signatures of the Mayor and City Clerk.
In witness whereof, the Grantor has caused this Easement Agreemen be duly executed and delivered on
the date first above written. ~~~
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EASEMENT AGREEMENT - 950904 Page 3
STATE OF IDAHO )
ss.
County of Ada ~
On this ~"day of ~/~4~tlu~dat.~/ , 199~p before me ,Cf~LA~.4 ~t.. Baa1e,~..rr ,personally
appeared Curtis D. Peck ,known or identified to me (or proved to me on the oath of ),
to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
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STATE OF IDAHO ) ~ °
County of Ada ~ ss. ~°~~® y/o~ra~ eG; ~~~~~®o
On this ~ day of Ar/Lt , 199!before me, the undersigned, a notary public in and for said state,
personally appeared Curtis D. Peck as attorney-in-fact for Kim L. Peck, who subscribed the name of Kim L. Peck and
his own name as attorney-in-fact, all known or identified to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
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On this ~ day of oar 199 before me ~h~t_a. P. ~necklsz~~ ,personally
appeared ~~oe.rt ~. ~~, e and William G. Berg. Jr. ,known or identified to me (or proved
to me on the oath of ), to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written. ~~.•fe•e•••.,
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EASEMENT AGREEMENT - 950904 Page 4
STATE OF IDAHO
ss.
County of Ada )
On this ~~day of 199, before me ,~Eee.~ L• ~T7" ,personally
appeared . ~~~lr 6nLdtJES ,known eF+~le~ified to me (or proved to me on the oath of
), to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written. y
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EASEMENT AGREEMENT - 950904 Page 5
EXHIBIT A
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SOU TH 1 /4 CORNER SEC. 17
OWNERS OF RECORD
CURTIS D. AND KIM L. PECK
BRIGGS ENGINEERING, INC. REVISION
SANITARY SEWER de TEMPORARY CONSTRUCTION EASEMENTS
BRIGGS LOCATED IN THE sw 1 /4 of SECTION 17 T.JN., Rt E., B.M. SHEET
~zoe~3~-s7oo 1 0 F 1
ttit S. oRCHARO, SUITE 600 DESIGN DRAFT SCALE DATE DWG.NO.
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NSS3 DWGNAME 940815
EXHIBIT B
20 FOOT SANITARY SEWER EASEMENT
8~
55 FOOT TEMPORARY CONSTRUCTION EASEMENT
January 11, 1996
Two easements located in the east 75 feet of that parcel of land as described in Warranty
Deed, Instrument No. 9396780, located in the SW 1/4 of Section 17, Township 3 North, Range
1 East, Boise Meridian, Ada County, Idaho;
20 FOOT PERMANENT SANITARY SEWER EASEMENT
A 20 foot permanent sanitary sewer easement which is described as follows:
The east 20 feet of that portion of the SW 1/4 of Section 17, Township 3 North, Range 1 East,
of the Boise Meridian, lying south of Interstate I-84.
55 FOOT TEMPORARY CONSTRUCTION EASEMENT
A 55 foot temporary construction easement which is described as follows:
The west 55 feet of the east 75 feet of that portion of the SW 1/4 of Section 17, Township 3
North, Range 1 East of the Boise Meridian, lying south of Intersate I-84.
Michael E. Marks, L.S. - No.
950904
REVISED
EXHIBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
CURTIS D. PECK AND KIM L. PECK
EASEMENT AGREEMENT
(a) One 8 inch diameter sewer service line opening will be provided. This sewer line opening will allow
future sewer connection for the property owner into the Sewer Line. Selection of which location to
be designed for the sewer service line opening will be determined by the property owner with
confirmation by the City Engineer's office. To expedite design of this sewer service line opening, the
property owner needs to select the preferred location within ten (10) days after signing this easement
agreement. The 8 inch sewer service opening will be plugged in the manhole. A drawing will be
provided to the property owner showing the field location and appropriate elevation of the sewer
service opening.
(b) During construction of the Sewer Line project, all property corners within the construction area will
be established or re-established with appropriate survey pins and markers. A drawing will be
provided to the property owner showing field locations and appropriate dimensions of all property pins
and markers.
(c) To provide for routine sewer maintenance by the City of Meridian, the property owner must allow the
City permanent all-weather access to each manhole that is constructed on the grantor's property.
Access to each manhole that is constructed on the grantor's property must be available to the City
as follows:
a. Prior to Future Development or Current Property Situation: By signing this easement agreement,
the property owner agrees to allow the City of Meridian to construct an all-weather access road
across and through the grantor's property to drive City owned sewer maintenance equipment to
access the manhole locations. City agrees to contact grantor by phone or mail to coordinate
access arrangements prior to actual use. City will take precaution to close all gates and minimize
property disturbance to livestock and farming facilities.
b. Future Property Development or Redevelopment Situation: By signing this agreement, the
property owner agrees to incorporate permanent all-weather access to each manhole that is
constructed on the grantor';s property, into any future development or redevelopment plans of the
property. As part of this agreement, the City will cooperate with the property owner to determine
workable and reasonable permanent access alternatives as part of the future development plans
for this property. And after the property is developed or redeveloped, the City shall allow the
Grantor to remove the all-weather gravel access road above the sewer line.
EASEMENT AGREEMENT - 950904 Page 6
(d) The City of Meridian and the property owner mutually understand and agree that permanent all-
weather access to each manhole is absolutely required for sewer line maintenance. The City of
Meridian and the property owner mutually understand and agree that permanent all-weather access
to each manhole must be incorporated into any future redevelopment plans or subdivision design of
the grantor's property.
(e) A 20 foot by 20 feet area surrounding each manhole, within the permanent easement, will be
improved with a 10" thickness of compacted 3/4" (-) road mix gravel on a stable subgrade to support
City owned sewer maintenance equipment in all-weather field conditions.
(f) The property owner fully understands that sheds, buildings, fences, trees and other types of
improvements cannot be placed within the permanent easement as specified within this easement
agreement. After construction of the Sewer Line project, the Grantor's property will be returned to
its current state, design, and elevation including removal of any surtace rock raised by constructing
the sewer line and the area reseeded with pasture grass as reasonably specified by the Grantor,
except as provided in paragraph 1.a. (vi) of the Easement Agreement.
(g) The City will provide an 8-inch sewer stub-out for the property owner. The end of the 8-inch sewer
stub-out shall be plugged and marked in accordance with the City of Meridian Standards and
Specifications.
EASEMENT AGREEMENT - 950904 Page 7
EXHIBIT D
ADDITIONAL EASEMENT LANGUAGE FOR THE
CURTIS D. PECK AND KIM L. PECK
EASEMENT AGREEMENT
The items listed below are the sole responsibility of the developer of Sundance Subdivision, Gary L. Voigt and
Craig Groves, or their successors.
(a) An existing home is located approximately 30 feet west of the east property line. The contractor shall
use care and reasonable measures to protect the home from any damage or disruption. In the event
the home or attached lawn is damaged, the contractor will be required to take whatever measures
necessary to return the structure and its surroundings to the pre-existing condition.
(b) Gary L. Voigt and Craig Groves shall pay compensation to Curtis D. Peck and Kim L. Peck for the
permanent and temporary sewer easements. The compensation shall be one vacant residential lot
identified as Lot 44, Block 7, Fieldstone Subdivision No. 4 upon the completion of the sewer trunk line
through the Peck property.
(c) An existing septic system drainfield is located along the east boundary for the home. The developer
shall provide for wet line sewer connection of the existing home at no expense to the Pecks and provide
standard abandonment procedures for reclamation of the drainfield area. The developer shall provide
temporary sewer disposal after disruption of the field and until a sewer service can be connected to the
Meridian sewer.
(d) The developer shall provide a gravel access road over the proposed sewer main line. An adequate
base shall be provided and compacted for commercial vehicle use.
(e) A wastewater ditch exists along the east boundary of the subject parcel. The construction of the sewer
trunk line will require approximately 600 feet of the ditch to be relocated and piped where necessary.
The developer shall provide adequate design and piping of the facility.
(f) The developer's engineer shall coordinate with the Pecks' designated enginer when designing the sewer
trunk line and establishing manholes and stub connections within the Peck property.
(g) This agreement becomes binding on February 15, 1996 unless the developer or his successors notify
Curtis D. Peck, in writing, that the easement will not be utilized for the installation of a public sewer trunk
line. If Mr. Curtis D. Peck is notified in writing that the easement will not be utilized, all provisions of the
sewer easement agreement shall be null and void.
(h) The developer, Gary L. Voigt and Craig Groves, or their successors, make no warranty or guarantee
that they will construct the sewer through the Peck property.
EASEMENT AGREEMENT - 950904 Page 7
,'~ _ .,
DIIRABLE GENERAL POWER OF ATTORNEY
I, KIM LEE PECK, of Ada County, State of Idaho, designate and
appoint Curtis Peck of Ada County, State of Idaho, as my attorney
in fact and agent (subsequently referred to as "agent") to act in
my name and for my benefit. I grant to my agent full power and
authority to do everything necessary in exercising any of the
powers herein granted as fully as I might or could do if personally
present and fully competent, hereby ratifying and confirming all
that my agent shall lawfully do or cause to be done by virtue of
this power of attorney and the powers herein granted.
1. GENERAL GRANT OF POWER: My agent shall have power to
exercise or perform any act, power, duty, right or obligation
whatsoever that I now have or may hereafter acquire, relating to
any person, matter, transaction or property, real or personal,
tangible or intangible, now owned or hereafter acquired by me,
including, without limitation, the powers specifically enumerated
in this instrument. Generally, my agent shall have power to do and
perform all matters, transact all business, and make, execute and
acknowledge all ,contracts, orders, .deeds, mortgages, leases,
assignments, assurances, and instruments of every kind which may be
requisite or proper to effectuate the purposes of this durable
general power of attorney.
2. SPECIFIC .POWERS: Without in any way limiting the
generality of the power and authority conferred upon my agent by
this instrument, my agent shall have and may exercise each of the
following specific powers:
(a) Power to Acquire and Sell. To acquire, purchase,
exchange, grant options and sell, assign, release, convey,
mortgage, hypothecate, lease and accept and take possession of real
and personal property and interests therein, both tangible and
intangible, upon such terms, conditions, and covenants as my agent
shall deem proper; and to sign, seal, execute and deliver and
acknowledge such deeds, leases, contracts, assignments, indentures,
agreements, mortgages, deeds of trust, bills of sale, security
agreements and related forms., exchange agreements, bills, bonds,
notes, receipts, releases and satisfactions of mortgages, security
interests, and judgments, and .such other instruments in writing as
shall be proper.
(b) Borrowing and Bankinct Powers. To borrow moneys on
my behalf and to sign, seal and execute, deliver and acknowledge on
my behalf such promissory notes, bills, bonds, or other evidence of
indebtedness and such mortgages, deeds of trust, security
agreements, pledges, or other documents to secure the payment of
borrowed funds as my agent shall deem proper. To make, receive,
and endorse checks and drafts, deposit and withdraw funds, acquire
DIIRAHLE GENERAL POWER OF ATTORNEY - 1
k
and redeem certificates of deposit, in banks, savings and loan
associations, and other financial institutions, and to release such
mortgages,' deeds of trust, or other security instruments as may be
necessary or proper in the exercise of the rights and powers herein
granted.
,(c) Powers of Collection and Payment. To forgive,
request, demand, sue for, recover, collect, receive and hold all
sums of money, debts, dues, commercial papers, checks, drafts,
accounts, deposits, legacies, bequests; devises, notes, interests,
stock certificates, bonds, dividends, certificates of deposit,
annuities, pension, profit sharing, retirement, social security,
medicare, insurance, and other contractual benefits and proceeds,
all documents of title, all property and property rights, real or
personal, intangible and tangible, and demands whatsoever,
liquidated or unliquidated, now or hereafter owned by, or due,
owing, payable or belonging to, me or in which I have or may
hereafter acquire an interest; to have, use, and take all lawful
means and equitable and legal remedies and proceedings in my name
and for the collection and recovery thereof including the
enforcement of mortgages, deeds of trust and security instruments,
and to adjust, sell, compromise, and agree foz the same, and to
execute and deliver for me, on my behalf, and in my name, all
endorsements, releases, receipts, or other sufficient discharges
for the same. To pay and discharge all debts and demands due and
payable or which may hereafter become due and payable by me to any
person or .persons whomsoever.-
(d) Management Powers. To maintain, repair, improve,
invest, manage, insure, rent, lease, encumber, partition and in any
manner deal with any real or personal property, tangible or
intangible, or any interest therein, that I now own or may
hereafter acquire, upon such terms and conditions as my agent shall
deem proper, and to transfer any or all of my assets to the trustee
of any revocable living trust which I may have created or which,
under the power or authority conferred by this instrument, may be
created by my agent. for my benefit.
(e) Motor Vehicles. . To apply for a certificate of title
upon, and endorse and assign or transfer title to, any motor
vehicle; and to represent in such assignment or transfer of title
that the title to said motor vehicle is free and clear of all liens
and encumbrances except those specifically set forth in such
assignment or transfer of title.
(f) Business Interests. To conduct or participate in
any lawful business of whatever nature; to execute partnership
agreements and amendments thereto; 'to incorporate, reorganize,
merge, consolidate, recapitalize, sell, liquidate.or dissolve any
business;; to elect or employ officers, directors and agents; to
carry out; the provisions of any agreement for the sale of any
business interest or the stock therein; and to exercise voting
DURABLE GENERAL POWER OF ATTORNEY - 2
rights with respect to stock, either in person or by proxy, and
exercise stock options.
(g) Tax Powers. To prepare, sign and file joint or
separate income tax returns or declarations of estimated tax for
any years or years; to prepare, sign and file gift tax returns with
respect to gifts made by me for any year or years; to consent to
any gift and to utilize any gift-splitting provisions or other tax
election; to prepare, sign and file any claims for refund of any
tax; to receive and endorse refund checks; to receive confidential
information from any taxing authorities and to perform any and all
acts that I could perform before any taxing authorities as to any
tax matters involving me for any taxable .period or years; to .enter
into any compromise and settlement agreements regarding any
disputed tax matters; and to delegate the authority and tax powers
granted in this paragraph to other individuals or entities.
(h) Safe Deposit Boxes. To have access at any time or
times to any safe deposit box rented by me, wheresoever located,
and to remove all or any part of the contents thereof, and to
surrender or relinquish said safe deposit box, and any institution
in which such safe deposit box .may be located shall not incur any
liability to me or my estate as a result of permitting my agent to
exercise this power.
3. INTERPRETATION: This instrument shall be construed and
interpreted as a durable general power of attorney. The
enumeration of specific powers herein in not intended to, nor does
it, limit or restrict the general. powers herein granted to my
agent.
~4. DISABILITY OF PRINCIPAL: This Durable General Power of
Attorney shall not be affected by subsequent disability or
incapacity of the principal.
5. THIRD PARTY RELIANCE: Third parties may rely upon the
representations of my agent as to all matters relating to any power
granted to my agent, and no person who may act in reliance upon the
representations of my agent or the authority granted to my agent
shall incur any liability to me or 'my estate as a result of
permitting my agent to exercise any power.
6. GOVERNING LAW: This Durable General Power of Attorney is
executed and delivered in the State of Idaho and the laws of the
State of Idaho shall govern all questions as to the validity of
this power and as to the construction of its provisions.
DIIRABLS GENERAL POWER OF ATTORNEY - 3
IN WITNESS WHEREO,~, I have executed this Durable General Power
Attorney this .~-- day of September, 1993.
RI~ LEE' P
Pr ncipal
TE OF IDAHO
County of Ada
:ss.
On this a ~~' day of September, 1993, before me, the
undersigned, a Notary public in and for said State, personally
appeared KIM LEE PECK, known or identified to me to be the person
whose name is subscribed to the within Durable General Power of
Attorney and acknowledged to me that she executed the same.
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' X11 A K. ~~~'•.,
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;~ 4:~~pT'~~~ a~- N •ARY PUBLIC O I AHO
*. ~~ Residing at Boise, Idah
My Commission Expires: '~-~-~8
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93110119
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'93 DEC 27 PCl u
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F E E~.~.,_ G c r
RECORDED ~i ~ HE R QUEST 0
DURABLE GENERAL POWER OF ATTORNEY - 4
~ ~'
RECISION AND TERMINATION OF EASEMENT AGREEMENT
This Recision and Termination of Easement Agreement is made and entered into this
day of June, 1996, by the undersigned Curtis D. Peck and Kim L. Peck as Grantor, for the
benefit of the City of Meridian, a municipal corporation of the state of Idaho, and its successors
and assigns (the "City") and in for the benefit of the Grantor and future owners of any or all of
the Five Mile Drain Property described in said Easement Agreement.
A. An alternative easement has been obtained by the developer which is acceptable
to the City.
B. The developer has the right to the recision of this Agreement under its contract
with Grantor.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the sufficiency of which is acknowledged by Grantor, the Grantor, for his heirs,
successors and assigns, hereby rescinds and terminates the Easement Agreement as follows:
1. Recision and Termination of Easements. The Gr r hereby rescinds and
terminates that Easement Agreement executed on the 12th da of January, 1996, and recorded on
January 30, 1996 as Ada County Instrument No. 96008002 f the records of Ada County. City
hereby consents to the recision and termination of said Easement Agreement, and all of the terms
thereof.
IN WITNESS WHEREOF, the Grantor and City have caused this Recision and
Termination Agreement to be executed on this l .y day of June, 1996.
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FIRST (AMEjjhRICIA~N
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TITLE CO.
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CITY OF MERIDIAN
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obert l_l. Corrie Ma or TRUAAEty ~ ~-~~EG
y FOR RECORD BY FIRST
AMERICAN TITLE COMPANY
AS AN ACCOMMODATION
ONLY. IT MAS NOT BEEN
RECISION AND TERMINATION OF EASEMENT AGREEMENT - 1 EXAMMIED A$ TO IT$
pazkpoin\thomas\recision.agr E~C~ ~ AB TO
AFFECTS UPON THE ~nT-
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$~~L _ By: illiam G. Berg, Jr., City ler
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By: k'. L ~n.c,~ G 2oJ~S'
RECISION AND TERMINATION OF EASEMENT AGREEMENT - 2
pazkpoin\thomas\recision.agr
STATE OF IDAHO )
ss.
County of Ada )
On this / Z day of ~ ~ ,h- -~ , 1996, before me, a Notary Public in and for said
State, personally appeared CURTIS D. PECK, known to me to be the person who signed the
within and foregoing document and acknowledged to me That he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
.~
Notary Public for • ~ ~ 1-1 ~',, •. ~'
Residing at ~~ `~ '
My commission expires: J~f' _ o ~~; ~, ~,; ~ :.r
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STATE OF IDAHO )
ss.
County of Ada )
On this I Z- day of T u n1 e , 1996, before me, a Notary Public in and for said
State, personally appeared KIM L. PECK, known to me to be the person who signed the within
and foregoing document and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official set the ,`~w
day and year first above written. ~k "
~„ .~
Notary Public for „ . j F ~~'~~ t
Residing at ~~ ~~ ~~` ,~_~ ~~
My commission expires Z~~,~,, ~, ` r
l ,
,.. ,~
RECISION AND TERMINATION OF EASEMENT AGREEMENT - 3
parkpoin\thomas\recision.agr
r. . ,
STATE OF IDAHO )
ss.
County of Ada )
On this ~~-day of ~~- , 1996, before me, the undersigned, a Notary
Public in and for said State, personal appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known or identified to me to be the Mayor and City Clerk of the City of Meridian,
the municipal corporation that executed the instrument or the person who executed the
instrument on behalf of said municipal corporation, and acknowledged to me that such municipal
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate f rst above written.
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''Y~''rgTF OF 10P~' ~~,:
STATE OF IDAHO )
ss.
County of Ada )
Notary Publi(c,~,f/~iC~~'~- GOG~~yt~L
Residing at
My commission expires: /d-X7-98'
On this ~ z day of ~7 u ~ ~ , 1996, before me, a Notary Public in and for said
State, personally appeared R~ C ~;~; ~ G ~ o ~ ~ S ,known to me to be the person who
signed the within and foregoing document and acknowledged to me that he/she executed the
same.
a ~'.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal_the ; ; ~ ~.
day and year first above written. •
'',,~ Oti .:j U
off, ... ,~'~.}
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otary Public for ~ '''~'n
Residing at '~ '~• a'
arse x
My commission expires: ~- C' ~' ~ ,
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,~~., .,
RECISION AND TERMINATION OF EASEMENT AGREEMENT - 4
pazkpoin\thomas\recision. agr