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Permanent and Temporary Easement Contract with Valley Shepherd Church of the Nazarene for Black Cat Sewer Phase 4City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-06-059 Black Cat Sewer Phase 4 Parcel # and Owner: S1224417650. Vallev Shepherd Church of the Nazarene Date of Offer: March 7. 2007 THIS RIGHT-OF-WAY CONTRACT, made this r~~ day of~1 1~~007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Vallev Shepherd Church of the Nazarene, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. The City shall repair the portion of the grantor's property encumbered by the described easement to a condition comparable to that existent prior to undertaking the construction. 2. The City agrees to attempt to minimize the impact of the temporary easement, in the event of new building construction within the Grantor's property. 3. The City agrees to design and install at their cost an 8-inch stub out of two manholes. Grade and location to be determined by the grantor to best serve their needs. 4. 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 appear below as Grantors, covenant and warrant that they are the OWNERS of the 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. Page 1 of 2 S:\Public WorksVvlike Cole\Valley Shepherd Easement\Valky Shepherd Church easement contras-Zickefoose.doc .. ~ Page_;,_.,.lD~ IN WITNESS WEREOF, the parties have executed this contract the day and year fast above written. CITY OF MERIDIAN GRANTOR Tammy de Weerd, or \\,~~ ~ (}~ ~J: ~ ~~,~f Shepher h~nel}.ni~he Nazeren ~~~~ ~~~ ~~rlt~~, ~~ r~ ~C ~-.. ,~~~' `i~ ofge Zickafo , Execu ' e astor ATTEST. ~ _ ~ ,~ _ '~ rv~ William Berg, Jr., City Clerk ~ ~,,~ ~~~ rJ ~~ Date approved by Council: ~ f~ ~+1~ Mttft II1 S:\Public Works\M&e Cole\Valley Shepherd Easement\Valk s Page 2 of 2 y hepherd Church easement contract-Zickefoose.doc PaAe~_.~.~ .. STATE OF IDAHO, ) ss. County of Ada ) On this '~ day of , 2007, before me, the undersigned, a Notary Public in and for sal State ersonall a ear p y pp ed TApIIMY DE WEERD and WILLIAM G. BERG; JR.; known to me to be the Mayor and City Clerk, respectively, of the City of. Meridian, Idaho, and who executed the within instrument, anal 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. - (SEAL) .~'p,. GI.E~•.~~ • ~'~ ;~,p ;~ • • . 1 • r - ~ f ~ • ~ ~ ~ • ~~ ~ • • ~~ • • ~ ~ R ~ • N TARY PUB FOR IDAHO RESIDING AT• e MY COMMISSION EXPIRES: P~g@ ~ ~~ ~ .,,.