Temporary Construction Easement with Thierhause, Betty for Generations Plaza~/In~~'-~~~ r_
~w~~ CGUNTY RECORDER C~~
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1999 t~R I ~ F~ 1 ~ 4 0
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FEE ~'~EPUo Y
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CITY OF MERIDIAN
1999 GENERATIONS PLAZA PROJECT
~'EMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this,Lh' day o~/~~~19~between Betty Thierhause ,
the party of the first part, and hereinafter called the Grantor, and -the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantee desires to construct a park and associated facilities, hereinafter
referred to as the Generations Plaza Project, on its own property which abut the Grantor's
property; and
WHEREAS, the Generations Plaza Project is to be constructed by the Grantee; and
WHEREAS, a temporary construction right-of--way will be required adjacent to the project's
north and east boundary to construct the project, including, but not limited to, surveying,
excavation, support, and inspection or testing of the work, and related incidental excavation,
grading, and the like necessary or advisable to complete construction of the improvements
(the "Work"), which Work shall be performed, occur in and be confined to the space that is
upon, over, across, and under a strip of land as shown by Exhibit A and as described by
Exhibit B, attached hereto and incorporated by this reference.
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 com~ey unto
the Grantee aright-of--way. for a temporary easement for the construction of Generations
Plaza Project, said easement described as follows:
(SEE ATTACHED "EXHIBITS A and B")
The temporary construction easement hereby granted is for the purpose of construction ofthe
Generations Plaza Project abutting Grantor's parcel, with the free right of access to such
easement during the construction period.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's
successors and assigns for a period of one hundred eighty (180) days from the date of this
agreement, that is.~E~~'y~/..5,~19~1~. At the end of this time period this easement
shall cease to exist.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, upon completion of the Generations Plaza Project, will expediently replace
and restore the premises to a condition comparable to that existent prior to undertaking such
~• ~ *Restoration shall include grading and cleaning
of the easement area.
_ ,
e ier ause
construction* However, the Grantee will not be responsible for repairing, replacing or
restoring any permanent structures, large trees or brush placed within the area described in
this easement after the date of this easement. Photographs with day and date record shall be
taken of the easement area prior to construction activity thereon.
THE GRANTOR hereby covenants and agrees that he/she/they wdl 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 does hereby covenant with the Grantee that he/she/they are lawfully seized
and possessed of the aforementioned and descn~bed tract of land, and that he/she/they
has/have a good and lawful right to convey said easement, and that he/she/they will warrant
and forever defend the title and quiet possession thereof against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first hereinabove written.
GRAN OR:
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STATE OF IDAHO )
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County of Ada )
On this r~~" ,day of '~ L'-t,Y'Ly ~ , 19 Q~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~Q ; ~,Q e, h,~ ~ and
known or identi~me to be the person whose
name is subscribed within this instrument, and acknowledged to me that he/shelthey executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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EXHIBIT B
LEGAL DESCRIl'TION OF
TEMPORARY CONSTRUCTION EASEMENT
FOR
GENERATIONS PLAZA
A pazcel of land located in the Southwest'/4 of Section 7, T. 3N., R. lE., Boise Meridian,
Meridian City, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the west quarter corner of said Section 7, from
which a brass cap monument mazking the center of said Section 7 beazs South 89°59'ST' East, a
distance of 2,394.89 feet;
Thence South 89°59'ST' East along the center section line of said Section ? a distance of 561.69
feet to a point ors the East right of way line of East 1 ~ Street;
Thence leaving said center section line, South 0°58'02" West, a distance of 234.86 feet to the
POINT OF BEGINNING;
Thence South 0°58'02" West a distance of 90.02 feet to a point;
Thence leaving said right of way line, South 88° 19'29" East a distance of 60.02 feet to a point;
Thence South 0°58'04" West a distance of 60.04 feet to a point on the North right of way line of
East Idaho Avenue;
Thence South 88° 18' 17" East a distance of 30.00 feet to a point;
Thence leaving said North right of way Line of East Idaho Avenue, North 89°01'56" East a
distance of 80.04 feet to a point;
Thence North 88° 19'29" West a dis#ance of 90.02 feet to a point on the East right of way line of
East 1 ~ Street and the POINT OF BEGINNING.
This pazcel contains 3,400 squaze feet, more or less.
EXHIBIT B
LEGAL DESCRIl'TION OF
ELECTRICAL SERVICE AND
SANITARY SEWER LIlVE EASEMENT
FOR
GENERATIONS PLAZA
A parcel of land located in the Southwest 1/4 of Section 7, T. 3N., R. lE., Boise Meridian,
Meridian City, Ada County, Idaho, more particulazly described as follows:
Commencing at a brass cap monument mazking the west quarter corner of said Section 7, from
which a brass cap monument mazking the center of said Section 7 bears South 89°59'57" East, a
distance of 2,394.89 feet;
Thence South 89°59'57" East along the center section line of said Section 7 a distance of 561.69
feet to a point;
Thence leaving said center section line, South 0°58'02" West, a distance of 1'74.84 feet to the
POINT OF BEGINNING;
Thence South 88°20'38" East a distance of 10.00 feet to a point;
Thence South 0°58'02" West a distance of 50.02 feet to a point;
Thence South 88° 19'29" East a distance of 50.02 feet to a point;
Thence South 0°58'04" West a distance of 10.00 feet to a point;
Thence North 89° 19'29" West a distance of 60.02 feet to a point;
Thence North 0°58'02" East a distance of 60.02 feet to the POINT OF BEGINNING.
This parcel contains 1,100 squaze feet, more or less.
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