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Water Main Easement with Gary and Diana Hanson for Locust Grove Waterline Extension, Blackrock to Reflection RidgeADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06112114 10:55 AM DEPUTY Vicky Bailey RECORDED -REQUEST OF II I II II I II I IIIIII'I Meridian City 114045757 WATER MAIN EASEMENT 10 Jvr -e_ THIS INDENTURE, made this gbh day of Mn, 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; WITNESSETH: 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 WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; 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 easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement, Hanson, Water Line EASMT WAT 11-15-13.doc 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. 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: �L�w5_"X� Gary/lans-94 Di�Hanson q 2614 4aoA A. 2D N Date Dates J�JA i. Aaq �dako Address STATE OF IDAHO ) : ss. County of Ada ) On this V day of 20 , before me, the undersigned, a Notary Pub�}'c in and for said State, personally appeared '4r t,Jo� and UC4h&- 4 Q-NOYL- , 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 in hand and affixed my official seal the day and year first above written. ,01 \, L Dnp/,••'•. (SVLj �.......� .,•; NOTARY PUB14C FOR IDAHO �aTAkP _ A _ Residing at: i j = Commission Expires: 10•-22'17 LtG fZter '^.�'�•��.O.Water Main EaSOrli�ht��a�iia�P)blLine EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de Attest Waycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) City of iowxo x W SFr SEAL Vp. ASUPB On this 10 day of ` ur'p _ . 20 14 . before me. the undersiened. 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. EAL)•09Cp9 •••. t .• OF ID Residing at: KA , Commission Expires: Water Main Easement, Hanson, Water Line EASMT WAT 11-15-13.doc CJUB J•U•B ENGINEERS, INC. 1-U-8 COMPANIES Water Line Easement Boundary Description Project Number 10-14-015 June 2, 2014 toI THE I OAT6WAY LAN ON ej NAPGINO ONOGN INC. A 20 -foot wide easement situated in the SW % 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 10 feet 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: Thence S68°47'55"E, 310.93 feet; 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 0.29 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 a 250 S. Beechwood Avenue, Suite 201 Boise ID 83709 p 208-376-7330 i 208-323-9336 w www.lub.com m 2 7 CD m 'm m } co W , m va va va a f w N O Dn _m Z Q m No m pVp N V m o 0 m 2 7 CD m 'm m } co W , m va va va a City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: Parcel # and Owner: R8847000140 / Gary & Diana Hanson Date of Offer: May 09, 2014 THIS EASEMENT CONTRACT, made this 0 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 EASEMENT VALUE (Ft') ($/Ft2) FACTOR ($) Permanent Easement 12,632 s $31,327 0 $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: O 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 I 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 fust above written. CITY OF MERIDIAN GRANTORS By Tamm td, Mayor $co�o�t :JED nUr�5', Gary Hanson Date: G ' /U'/'� cry of IDIA Diana Hanson iJA ATTEST: S w te: Z U 1 CityCler ! r°�o.rncnsaacU / Date approved by Council: �l a4x-p �f)I,7 Easement Contract Draft Page 2 of 2