Temporary Right of Way with Liberty Development for City of Meridian 2004 Black Cat and Lift Station CastlebrookCITY OF MERIDIAN
660 E. Watertower Ln., Suite 200
Meridian, Idaho 83642
TEMPORARYRIGHT-OF--WAY CONTRACT
PROJECT DESCRIPTION Black Cat Lift Station
PARCEL # & OWNER Lots 5 & 7, Block 1 Castlebrook Subdivision No. 1 Book 87 Pages 9814-9816
DATE OF OFFER
THIS RIGHT-OF-WAY CONTRACT, made this /3 ~ day of .SGn~r , 20~, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and herein called "G R".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Temporary Construction Easement
included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
GRANTOR agrees to lease the following easements to the CITY OF MERIDIAN:
ITEM DESCRIPTION
AREA (sq. ft.)
Temporary Easement Parcel 1 -Lot 5, Block 1 8,091
Temporary Easement Parcel 2 -Lot 7, Block 1 8,925
Additional Stipulations: The Grantee will make semi-annual lease payments commencing on Tanuary 20 2004 in the amount of
$2,450.00 and continuine at six-month intervals until termination of the temporary construction easement This agreement will
become null and void upon termination of the accompanying Temporary Construction Easement In the event the lease is terminated
prior to the expiration of any six-month period the Grantee will~ay a per-month lease rate of $408 33 per month The Grantee mav_
termmate the lease upon 30 days written notice to the Grantor
This Contract shall not be binding unless and until executed by the M or and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performanc of which constitutes the entire consideration for the
granting of said easement and shall relieve the CITY of all further cla' s or obligations on that account or on account of the
location, grade, construction, and maintenance of the proposed s , i sewer line.
CITY of
By
ATTEST:
City Council Approval Date:,
\~~~~~ ~iiiirrrrrriif GRANTORS: LI]
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G. Berg, Jr.,
'sRTY DEVELOPMENT INC.
12/11/03
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 23~~day of ~ecl~~ 2003 between Liberty
Development Inc., 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 Grantor desires to provide a temporary construction right-of--way
across and on the premises and property hereinafter particularly bounded and
described; and
WHEREAS, the Grantee will construct a sewage lift station on a lot, owned by the
Grantee, immediately adjacent to the premises and property hereinafter particularly
bounded and described;
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 Grantee the right-of--way for the temporary construction easement
forthe construction, of a sanitary sewer line overand across the following described
property:
Lots 5 & 7. Block 1, Castlebrook Subdivision No. 1 Book 87 Pages 9814-9816
The temporary construction easement is for the purpose of construction of a
sewage lift station and related incidental work. Grantor will not apply for building
permits on the previously described property until the construction contract
terminates or the Grantee issues written release of this easement. The temporary
construction easement shall expire when the construction contract terminates or at
such time the Grantee issues written release of this easement.
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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantee, in constructing the sewage lift station, will expediently
replace and restore the premises to a condition comparable to that existent prior to
TEMPORARY CONSTRUCTION EASEMENT, Page 1 of 3
undertaking such construction.
IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day
and year first hereinabove ~""
GRANTOR: LIBERTY DEVELOI
By:
Printe
Title:
STATE OF IDAHO)
ss
County of Ada )
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On this ~.~ day of ~~ C-P-}'n `~, 2003, before me ~l\,1~1.1 ~` % ' .~, ,
personally appeared _~JCh-'1 - C~.u.~? _ ~tl. ,proved to me on the basis of
satisfactory evidence to be the persons whose names is subscribed to the within
instrument, and acknowledged that they executed the same.
'~ +~.. ~ NOTARY PUBLIC FOR IDAHO
G
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•~~i~.f~ N O~
GRANTEE: CITY OF MERIDIAN
My Commission Expires on ~ ~ ~~'~ _Q
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by William G. Berg, City Clerk ~; -~ ~pQe~`'~
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f~~~t~y~tr~ks„ r:?~;1'~~~~
TEMPORARY CONSTRUCTION EASEMENT, Page 2 of 3
Approved By City Council On: ~~~ ~ ~, l~ ~C~
TEMPORARY CONSTRUCTION EASEMENT, Page 3 of 3
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