Temporary Water Main Easement with Gary and Diana Hanson for Locust Grove Waterline Extension, Blackrock to Reflection RidgeADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO 06112/14 10:55 AM
DEPUTY RECORDED' REQUEST OF III IIIII��III��IIIIIIIIIIIIIIIIIII III
Meridian City 114045758
TEMPORARY CONSTRUCTION EASEMENT
to J"re,
THIS INDENTURE, made this,9t lay of -ME, 2014 between Gary and Diana Hanson, the parties of
the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho,
the party of the second part, and hereinafter called the GRANTEE;
CAN IIU100M I
WHEREAS, the GRANTORS have agreed to provide a water main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others and or GRANTEE; and
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
The temporary construction easement hereby granted is for the purpose of construction of a
water line and related incidental work and storage of materials related to the construction
process.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
its successors and assigns shall be temporary. The termination of this easement shall expire
30 days after the installation and acceptance of said water line by the GRANTEE.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said water line, GRANTEE shall restore the area of the
easement and adjacent property to that existent prior to undertaking such construction.
However, GRANTEE shall not be responsible for repairing, replacing or restoring anything
placed within the area described in this easement that was placed there in violation of this
easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
Temporary Construction Easement, Hanson, Water Line EASMT TEMP 11-15-13.doc
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted shall become part of or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement hereby
granted which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
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.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTORS:
Garyans6
Date
Address
STATE OF IDAHO )
: ss.
County of Ada )
W v� 1l &VOW��
Diana Hanson
MMA 0�
Date
On this Cj-t�' day of 20 1 y1 before me, the undersigned, a Notary
Public in and for said State, appeared U; r 1 kmsol and
oto -n.- 'known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the day
and year first above written.
(SE��.)�. 4�N...,,�•s1
NOTARY PUB�IC FOR IDAHO
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Temporary ConstiiiQ&,!D3sdfkgW11anson, Water Line EASMT TEMP 11-15-13.doe
GRANTEE: CITY OF MERIDIAN
Tammy de Weer ayor 4,T)AUC,��
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LILy of
LW�� EIIT�IAN*
test Jaycee L. Holman, City Clerk s
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Approved By City Council On: 0
STATE OF IDAHO, )
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County of Ada )
On this _(O—day of Vt , 20 L�_, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman,
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 day
and year first above written.
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�rj... N T RY PUBLff FOR IDAHO
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Temporary Construction Easement, Hanson, Water Line EASMT TEMP 11-15-13.doc
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J•U-B ENGINEERS, INC.
J -U -B COMPANIES
Temporary Water Line Construction Easement
Boundary Description
Project Number 10-14-015 June 2, 2014
THE GATEWAY
/{$�7 LANOOON i MAPPING
GROUP MC.
A 40 -foot wide easement situated in the SW Y. of the NW % of Section 32, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, which is a portion of Block 7 of the UPPIANO SUBDIVISION as
recorded as Instrument No. 803260 in the Office of the Ada County Recorder, and being various widths
on each side of the following described center line:
Commencing at the west quarter -section corner of Section 32, Township 3 North, Range 1 East, Boise
Meridian;
Thence 589°10'27"E, 712.78 feet along the east -west center line of said Section 32 to an iron pin;
Thence N06"49'55"E, 286.05 feet along the westerly boundary of said Block 7, to the POINT OF
BEGINNING:
Being 20 feet on each side of the following described segment of the center line;
Thence S68°47'55"E, 310.93 feet;
Being 30 feet on the northerly side and 10 feet on the southerly side of the following described
two segments of the center line;
Thence N66°12'05"E, 72.84 feet;
Thence N78°54'53"E, 258.00 feet to 1/16 section line, which is also the easterly boundary line
of said Block 7, the POINT OF ENDING.
The above-described easement contains 0.59 acres, more or less.
The sidelines of the above-described easements will extend or contract to form a closed figure and close
upon the property line at the point of beginning and point of ending.
The above-described easements were prepared from information of record (Warranty Deed Instrument
Number 9269212, Records of Ada County, Idaho).
Page 1 of 1
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City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description:
Parcel # and Owner: 88847000140 / Gary & Diana Hanson
Date of Offer: May 09, 2014
THIS EASEMENT CONTRACT, made this 9" day of May 2014, between the City of Meridian, acting by its Mayor
and Council, herein called "CITY" and Gary and Diana Hanson, herein called "GRANTORS".
WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Water
Easement and Temporary Construction Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
1. A. CITY shall pay GRANTORS and the lien holder, if any, such sums of money and/or benefits as are set out
below:
ITEM DESCRIPTION APPROX. AREA GROSS VALUE VALUATION
VALUE (Ft') ($/Ft') FACTOR
EASEMENT
($)
Permanent Easement 12,632s$31-,321-5 %
$15,664
Temporary Easement 13,068 sf $32,409 10%
$3,241
In -lieu of Appraisal — in consideration of the GRANTOR'S agreement to utilize a valuation of $2.48 per
square -foot of the property and thereby avoiding the cost of a third party appraisal, the CITY agrees to pay the
GRANTORS a lump sum of:
$1,095
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
$20.000
B. As a condition of construction, the CITY further agrees to provide GRANTORS with replacement of the asphalt
driveway within the limits of construction disturbance, which will require asphalt removal, replacement of asphalt,
sprinkler system, sod and underground electric dog fence repairs. In addition, the City will require, as a condition of
construction, protection or replacement of all trees and shrubs within the area of construction disturbance and will
require a one-year warranty for all related work.
C. The CITY further agrees to instruct their contractor to retain and protect access to the residence.
D. The CITY further agrees to provide temporary
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantors may choose from two options
for just compensation for both the permanent and temporary easements based upon the assessed value of the
property as determined by the Ada County Assessor:
* Cash Payment* in the amount of $20,000
❑ Donation value of the easement
*Grantors will receive payment for the permanent easement within four weeks following the recording of
the easement and payment for the temporary construction easement at the expiration of the construction
contract.
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 water line.
4. The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the
Easement Contract Draft Page 1 of 2
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 MERIDIAN
By
Tammy de Weerd ayor
ATTEST:
Date approved by
; p�ATED AUC yT
c
Cityof
zDi�t
SEAL,
v
GRANTORS
Gary Hanson
Diana Hanson
MAKIOW)
Easement Contract Draft Page 2 of 2