Sanitary Sewer Easement with Fussleman, Carolee A. for Sewer Line ReplacementADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOIBE IDAHO 01106111 10:59 AM III IIIIIIIIIIIII~IIIIIIIIIIIIII III III
DEPUTY Lisa Bari
RECORDED-REQUESt OF i i 100139
Meridian City
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of ~~,emb~/20 (c7 between Carolee A Fussleman
the parties of the first part, and hereinafter called the Grantors, and the City of
Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewerright-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 Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of--way for an easement for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer main, sewer service lines to the adjoining properties and their allied facilities, together
with their maintenance, repair and replacement at the convenience of the Grantee, with the
free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of--way and easement hereby granted shall become part of, or lie within the boundaries
Sewer Main Easement EASMT.SWR.doc
of any public street, then, to such extent, such right-of--way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that 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 herein above written.
GRAN OR:
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arolee A. Fusselman
Address
STATE OF IDAHO
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County of Ada )
On this ~ day of ~~~~~~'~~'~~~' , 20~~ before me, the undersigned, a Notary
Public in and for said State, personally appeared C~~ i^d/~' - ~ G ~c% ~'m~~ -'~
proved to me on the basis of satisfactory evidence to be the person(s) who name(s) is (are)
subscribed to the within instrument, and acknowledged that he (she) (they) executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEAL)
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Sewer Main Easement EASMT.SWR.doc
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GRANTEE: CITY OF MERIDIAN `~~,•~`,~,~~ Q`~ i' ; aER/o~q ~,,~~
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Tammy e ~ eerd, Mayor = 8~~1'
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est by cee L. Holman, City Clerk '~~'''~~~~~~~~ ~~~~~°0`~~~~
Approved By City Council On: ~ `~ ~ ~ I ~
STATE OF IDAHO )
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County of Ada )
On this o`-1 ~ day of ~ ~ ~ m~.1!20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
HOLMAN, 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.
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Sewer Main Easement EASMT.SWR.doc
SEWER EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO
CAROLEE FUSSELMAN PARCEL
An easement for sanitary sewer purpose located in the NE %a of Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monument marking the northwesterly corner of said NE %4
from which a brass cap monument marking the northeasterly corner of said NE % bears
S 89°27'04" E a distance of 2655.27 feet;
Thence S 89°27'04" E along the northerly boundary of said NE % a distance of 1391.17
feet to a point on the centerline of N. West 4~' Street;
Thence leaving said northerly boundary S 0°21'36" W along said centerline a distance of
1306.59 feet to the POINT OF BEGINNING;
'Thence continuing S 0°21'36" W a distance of 20.00 feet to a point marking the
southeasterly corner of that parcel described in Instrument Number 95018136 on file in
the office of the Recorder, Ada County, Idaho;
Thence leaving said centerline N 89°25' 10" W along the southerly boundary of said
parcel a distance of 146.32 feet to a point marking the southwesterly corner of said
parcel;
Thence N 0°21'36" E along the westerly boundary of said parcel a distance of 20.00 feet
to a point;
Thence leaving said westerly boundary S 89°25' 10" E a distance of 146.32 feet to the
POTiVT OF BEGINNING.
This parcel contains 2,926 square feet (0.067 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS - '`~
Civil Survey Consultants, Incorporated
November 9, 2010 ' ~ C
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City of Meridian
33 East Broadway Ave., Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Sewer Line Replacement
Parcel # and Owner: 51212120690 -Carolee A. Fusselman
Date of Offer: November 15, 2010
THIS RIGHT-OF-WAY CONTRACT, made this day of 2010, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Carolee A. Fusselman herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement included herewith as Exhibits "A" and "B":
NOW THEREFORE, the parties hereto agree as follows:
1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as aze set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(acres) ($/Ft2) FACTOR ($)
Permanent Easement 0.068 $3.97 50% $5,914.20
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
$5.914.20
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for the permanent easement:
X Cash Payment* in the amount of
^ Donation value of the easement
$5,914.20
$5,914.20
*Grantor will receive payment for the permanent easement within four weeks following the recording of the
easement and acquisition of the easement preparation contract noted in Item 1 above.
3. This 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.
5. The parties whose names appeaz below as Grantors, covenant and warrant that they aze the OWNERS of the property to
which this document applies, aze 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.
CITY OF MERIDIAN
By:
Tammy d~~erd, Mayor
fill/ 1 ~,.n_
ATTEST;
aycee Hdl~an, City Clerk
Date approved by
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