Permanent Easement Contract with Frank H. and Erma E. Smartt Trust for Mason Creek Lift Station.:. , .
City of Meridian
33 East Idaho Street, Meridian, ID 83642
Mason Creek Lift Station and Pipelines Project
Frank H. and Erma E. Smartt Trust
February 28, 2007
THIS RIGHT-OF-WAY CONTRACT, made this day of 2007, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Frank H. and Erma. E Smartt Trust, 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 Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(Ft2) ($/Ft2) FACTOR ($)
Permanent Easement 3,548 $2.30 50% $4,080.20
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $4.080.20
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for the permanent easement:
Cash Payment* in the amount of 4 080.20
^ Donation value of the easement 4$ ,080.20
*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 E 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 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.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY
By: i/vr~
Tammy de W ,Mayor
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Project # and Description:
Parcel # and Owner:
Date of Offer:
PERMANENT EASEMENT CONTRACT
GRANTORS
By Cy Q
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Date: c.~ /~~ DD 2'
ATTESTS//"~tiGG-- /.~,/
William Berg, Jr., City t
Date approved by Council: +' l~
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S:\Public Works\Clint D\Collection\SLiftStation\Contract Sn>artt.doc
Page 1 of 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/29/07 01:49 PM
DEPUTY Neava Haney III I' II'I'I'I'~ I I'I I'I I' ~ I~'I I II' I ~II
RECORDED-REQUEST Of
Meridian City 10704338
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASEMENT
MASON CREEK LIFT STATION AND
PIPELINES PROJECT
FRANK H & ERMA E SMARTY TRUST
SA~fITARY-SEWER EASEMENT
THIS INDENTURE, effective this __ %2 ~~ day of ~~~,~~.~~ , 2007, by the
undersigned. Smartt, frank H. ~ Erma E.Trust, property owners, who-maintain a mailing
address of 12 N. Seabiscuit Avenue, Nampa, Idaho 83607-7530, hereafter referred to as
"GRANTORS" for the benefit of the City of Meridian, a municipal corporation of the State of
Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642,
hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-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 CITY;
NOW, THEREFORE, inconsideration 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 CITY the right-of--way for the permanent and temporary
construction easements for the construction, operation and .maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBIT A)
SANITARY SEWER EASEMENT, Page 1 of 3
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-ofi way unto the
said CITY, its successors and assigns forever.
JT t-S-EXPRESSLY UNDERSTOOD.AND AGREED, by and between the parties,
hereto, that the Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agree. that#hey wiltnot
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
purposes stated herein.
2. IT IS EX_ PRESSLY UNDERSTOOD AND AGREED, by and between the-parties
hereto, that the CITY, in constructing and in making future repairs, will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking- such construction, repairs and replacement:
However, the CITY will not be responsible for repairing, replacing or restoring
any permanent structures, large trees or brush placed within the area described
in his_.easemerrt
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed- of-the aforementioned and described fact of tared, and-that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year frrst hereinabove wratt~n:
Smartt, Frank H. & Erma E. Trust
By: Frank H. Smartt 8~ Erma E. Smartt, Trustees
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By: ~1~~ Yom, c,~~_,. ~,
Frank H. Smartt
E Erma Smartt
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
ss
County of Ada )
On this 12th day of February, 2007, before me, Larry A. Cadwell, a Notary Public
personally appeared Erma E. Smartt, and Erma E. Smartt, P.A. for Frank H. Smartt
proved to me on the basis of satisfactory evidence to be the person whose names
are subscribed to the within instrument, and acknowledged that she executed the
same. _........__
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Beneficiary: CITY OF MERIDIAN
BY:
Tammy de rd, Mayor
ATTEST:- :~~~~iL._..'~ i~~~
g, Jr., City ale
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NOT Y PUBLIC FOR IDAHO
My Commission Expires on 11-30-2007.
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Date approved by Council: ~c,YrJ^~ i 3z ZOc`~
STATE OF IDAHO, }
ss.
County of Ada }
On this Zl ~ day of ~ '~ ~'~- LQ~ , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared Tammy 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, and
acknowledged- to me that the City of Meridian executed the same.
official seal
(SEAL) ~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
,~l'~d.Year first above written.
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NOTARY PUBLIC FOR IDAHO
RESIDING AT: /1'1'1-c- l:~ac~ -~e~
MY COMMISSION EXPIRES: 1 ~-~~= L ~
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SANITARY SEWER EASEMENT, Page 3 of 3
6
- Smartt Parcel
~~'atexlne Easement
Legal Description.
December 2y, 2C}06 Exhibit "A"
A parcel of land situated in the So€ithwest % c~#'t}te South~vetit l o"Section '?3; Township 3 North,
Range i ~~?est, ~3oise Ivleridian Ada ~C>urth', Idaho, and more particularly described as follows:
Commencing ax a brass cap onumenting the south«xest corner of said Section 23, from which a brass
cap monurnenting the J corner common to said Sects~.n 23 and Seetion22 bears
North (l°22'26" East 2656.34 feet,
Thence along the westerly line of said Section 23, North 0°22'26" East 1.99,71 feet;
thence leaving said ~vesterlyi Line, South 89°37'34'" East 2~_Qp feet to the easterly right-af--way ofT'en
Ivlile Read. and the POINT' OF 13EGINN1TiGm
thence along said eastierl}~ right-of---way North U°?'" 2b`' Easf 127;13 feet;.
Thence South 44°44'3" East 58.?4 feex;
thence South 0°i >'22" Wiest 44.=13 feet;
thence South 4~°15'L2'` `Vest ~~.67 fect to the POL~1"f CAF F3EGINNING, comprising 354 square fec,i,
snore car less.
Prepared by
CH21ti7 i iILL~ Inc.
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S1~9AFiTT EAS€IdENT i.DOC