Sanitary Sewer Easement with Kuna Victory, LLC and Aoratos, LLC and Evans Real Estate Investments, LLC and Strada Commercial, LLC and Strada Bellissima Commercial Association, Inc. 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: 85915720010 &85915720040 Kana Victory LLC
Date of Offer: January 8, 2007
THIS RIGHT-OF-WAY CONTRACT, made this day of fG 6 2007, betwcen the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Aoratos LLC, Evans Real Estate Investments LLC, Strada
Commercial LLC, Strada Bellissima Commercial Association Inc., 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 shalt 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, at it's own expense, shall landscape to within 5-feet of the right-of-way of Meridian Road as approved by the
Landscape Encroachment Agreement #3-07-008. T'he landscape shall include grass seed, any required topsoil, and
sprinkler lines.
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.
4. )f a building permit is issued on any lot encumbered by the temporary easement, the portion of the temporary easement
necessary to construct the building shall revert back to the grantor at such time as building construction begins.
5. The City agrees to raise the water valve can, located within the southerly portion of the landscape buffer, to grade.
6. 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.
7. 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.
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IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDIAN
By:~
Tammy de r Mayor ;:,' ~ -' `'-., § =:
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William Berg, Jr., City t 18~ , .~
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Date approved by Council: ! ~ ~)~i~at!r , ~``
GRANTOR
Evans Real E e Investments, LLC, an Idaho limited
liability co y,
By:
Richard Evans, Member
Strada Commercial, LLC, an Idaho limited liability
company /l _ /J
By:
Aoratos,
By:
Strada Bell' a C mmerci sociation Inc.
By:
'chazd Evans, sident
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