Permanent Easement Contract with Waite, Warren for Mason Creek Lift StationCity of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Mason Creek Lift Station and Piuelines Proiect
Parcel # and Owner: Warren Waite
Date of Offer: 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 Warren Waite, 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
_ (Ftz) ($/Ft2) FACTOR ($)
Permanent Easement 938 $2.30 50% $ 1,078.70
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,078.70
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 1 078.70
^ Donation value of the easement
1 078.70
*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 OF ME ~~~ \ \' `""""~ ~ ~ r. GRANTOR
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Tammy de rd, Mayor _ ~ ~~ ~ ~=
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ATTEST: ~ I~~y~..,
William Berg, Jr., City Clert~ 7 ~r~ Date:
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Date approved by Council: c>`f'C~'~~, ~, ~~`
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Page 1 of 1
S:\Public Works\Clint D\Collection\SLiftStazion\Contract Waite.doc
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/29/01 01:49 PM
DEPUTY Neava Haney III I' II'I'I'I'I I I'I I'I I' I I"III Il I'll
RECORDED-REQUEST OF
Meridian City 1 ~~~~~~~~
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASEMENT
MAS(3N CREEK LIFT STATION AND
PIl'ELINES PROJECT
WARREN WAITS
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this _ ~ /S~ day of ~,vw~ _, 2007, by the
undersigned Waite Family Farm LLC, property owners, who maintain a mailing address of
2054 W. Santa Clara Drive, Meridian, Idaho 83642, hereafter referred to as "GRANTORS"
for the benefi# 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)
1.
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, #ogether 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-of--way unto the
said CITY, its successors and assigns forever.
IT IS 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 GRANTORS} do hereby covenant and agree that they will not
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 EXPRESSLY 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 this easement.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, 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 first hereinabove written.
Waite Family Farms LLC
By: Warren A. Waite
B : ~o f` ~
y (~C
Warren A. Waite
SANITARY SEWER EASEMENT, Page 2 of 3
STATE OF IDAHO)
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County of Ada )
On this 3 ~ ~~day of cl , 2007, before me, Larry A. Cadwell, personally
appeared Warren A. Waite, pro ed to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument, and acknowledged
that he executed the same.
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Beneficiary: CITY OF MERIDIAN
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NOTARY P LIC FOR IDAHO
My Commission Expires on / 7~,~v mac T
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Tammy d rd, Mayor -
ATTEST: ~~--'~ _ ~~~~~~~ _
William Berg, Jr., City CI = ~T 4 ~, ;~
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CAS ) !/ ~!€t P? 88814
Date approved by Council: (~. ~. i~ ~~ i ` °~''' j 40°`~`Y~i$~®~°~
STATE OF IDAHO, )
SS.
County of Ada )
On this 2~~~day of ~ ~~=`L C~'-~ ; 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da~~~g~f~ear first above written.
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(SEAL) ~ • NOTARY PUBLIC FOR IDAHO
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;~~•,~0~~,%O~' MY COMMISSION EXPIRES: i0 -ls' =C~
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SANITARY SEWER EAS~MENT, Page 3 of 3
Waite Family Farm Parcel
Waterline Easement
Legal Description
llecember 29, 20136 EXhibit "A"
A parcel ofiand situated.in the Southwest I ofthe Southwest''/a of Section 26r Township 3 North,
Range 1 West, Boise Meridian; Ada County, Zdaho, and more particularly descrs-bed as follows:
Commencing at a brass cap moitumenting the southwest corner of said Section 26, from which a brass
cap monumenting the > corner common to said Section 26 -and Section 27 bears
North 0°32'45" East(atso showi- of record as North 0°06'?2" East) 2658:35 feet.
Thence along the westerly lime of said' Section 26, North 0°32'45" East 822.16 feet;
thence leaving; said westerly tide, South 89°27'15" East 34.U(3 feet to the easterly-right-of--way of Ten
A?Iite Road and the POINT OF B'E~itNNiNG
thence along said easterly right-of-wvay North U°32'45" :East 5b:34 feed
thence South 55°QU'~6" East (also shuw,n of record as South:55°2Ct'29'~ 4U38 feet;.
thence South 45°22'24" West 47.24 feet to the PO1NT OF BEGII3NING, comprising 938 square feet,
more or less.
Prepared by
CII2M > Inc:
T
~.
Steven C. Wellington, PI:,.S
PAGE 1 OF ~ WAI'fE FAIaSiLY FAAlh EASEA4ENr LCiOG