Full Text
PURCHASE AND SALE AGREEMENT FOR EASEMENT THIS PURCHASE AND SALE AGREEMENT FOR EASEMENT (hereinafter "Agreement") is entered into this 14 day of fi: 0 , 2017 ("Execution Date"), between J & S Holding Company, L.L.C., 11245 N. Eastshore Dr. Hayden, Idaho, 83835 (hereinafter "Seller"), and CITY OF MOSCOW, IDAHO, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"). W I T N E S S E T H : IT IS AGREED by and between the Parties as follows: Section 1. Purchase and Sale of Easement Interest. Seller agrees to sell and City agrees to purchase, on the terms and conditions of this Agreement, easements for the construction, maintenance and repair of a sanitary sewer line located on certain adjacent property in, to, over, along, upon and across that certain real property ("Easement Parcel") in the City of Moscow, Latah County, Idaho, more particularly described on Exhibit to be used by City for the construction, maintenance, operation, repair, renewal and use of a sanitary sewer line only. The sale made pursuant to this Agreement shall be subject to any and all applicable federal, state and local laws, orders, rules and regulations. Section 2. Purchase Price. The purchase price for the Permanent Easement is Three Thousand Five Hundred Thirty Three Dollars and Sixty Cents ($3,533.60), and the purchase price for the Temporary construction Easement is One Thousand Five Hundred Thirty Four Dollars and Sixty Eight Cents ($1,534.68), for a total price of Five Thousand Sixty Eight Dollars and Twenty Eight Cents ($5,068.28) to be paid by City to Seller for both easements Section 3. Payment of the Purchase Price. The Purchase Price shall be assigned for future purposes by City, in the amount of Five Thousand Sixty Eight Dollars and Twenty Eight Cents ($5,068.28) and shall be paid to Seller upon City approval of Seller's submission of development plans for property commonly known as J & S Holding Company, L.L.C. 's parcel adjacent to 450 West Sixth Street, in Moscow, County of Latah, State ofldaho. Purchase Price shall be paid by City to Seller in cash or by electronic funds transfer. PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY PAGE 1 OF7 '1-.D O ---PAGE BREAK--- Section 4. Time. City may exercise all rights and stated intended purposes in Agreement any time after the Parties have executed this Agreement. Section 5. Title. The Permanent Utility Easement and the Temporary Construction Easement shall be granted by Seller to City by a duly executed Permanent Utility Easement Deed in the form marked Exhibit attached hereto and made a part hereof. Section 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. Section 7. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the date first herein written. SELLER J & S Holding Company, L.L.C. PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY CITY City of Moscow, Idaho PAGE2 OF7 ---PAGE BREAK--- ACKNOWLEDGEMENTS STATE OF IDAHO County of tll;J&Jlo ) ) ss: ) On this 101-h. day of kl:Jw_ , 2017, before me, the undersigned, a Notary Public, in and for said State, personally appearJames L. Stephens, in his official capacity as Member of J & S Holding Company, L.L.C., known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said company. ,,,u11111111 PE1& • • / 01 \ : % ! "'Tr \ : - \ s - - . - : '°lla\.\v I : - @ , A e OF " " ' PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY Notary Public for: filth Residing at: jdJ)--s. · My Commission Expire /*1-IK PAGE3 OF7 ---PAGE BREAK--- Exhibit PERMANENT UTILITY EASEMENT J & S Holding Company, L.L.C., an Idaho Limited Liability Company GRANTOR, owner of real property affected hereby, for value received, do hereby grant the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 GRANTEE, and its agents and assigns, a non-exclusive permanent utility easement and right-of way in which to construct and maintain a sanitary sewer, including the right to enter upon, occupy, and use property located in the City of Moscow, Latah County, Idaho, to wit: An Easement, comprising a portion of that certain parcel of land described in Warranty Deed, recorded January 11, 2006, Instrument No. 502165, records of Latah County, being situated in the SEl/4 of Section 7, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, Latah County, Idaho, described as follows: Commencing at the southeast comer of said Section 7 (from which the South 1/4 comer of said Section bears South 87°45'09" West, a distance of 2,673.56 feet); thence South 87°45'09" West, a distance of 1,357.64 feet along the south line of said Section; thence North 02°14'51" West a distance of 29.12 feet, more or less, to the intersection of the easterly line of an existing Utility Easement described in Instrument No. 495438, Records of Latah County, and the northerly right-of-way line of West 6th Street, said point being the POINT OF BEGINNING; thence along said east line North 36°38'03" West, along the northeasterly line of said Utility Easement, a distance of 61.16 feet; thence leaving said northeasterly line South 56°36'59" East, a distance of 87.21 feet, more or less, to a point on the north right-of-way line of West 6th Street; thence along said right-of-way line, South 88°16'47" West, a distance of 36.35 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion thereof lying within the existing easement described in Instrument No. 352751, records of Latah County, Idaho. Containing 280 square feet, more or less. TOGETHER WITH: A Temporary Construction Easement lying adjacent to and northerly of the above described Permanent Easement, described as follows: Commencing at the southeast comer of said Section 7 (from which the South 1/4 comer of said Section bears South 87°45'09" West, a distance of 2,673.56 feet), thence South 87°45'09" West, a distance of 1,357.64 feet along the south line of said Section; thence North 02°14'51" West a distance of 29.12 feet, more or less, to the intersection of the easterly line of an existing Utility Easement described in Instrument No. 495438, Records of Latah County, and the northerly right-of-way line of West 6th Street; thence along said east line North 36°38'03" West, along the northeasterly line of said Utility Easement, a distance of 61.16 feet, said point being the POINT OF BEGINNING; PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY PAGE40F7 ---PAGE BREAK--- thence continuing along said northeasterly line, North 36°38'03" West, a distance of 105.45 feet; thence leaving said northeasterly line South 41°22'05" East, a distance of 98.99 feet; thence South 56°36'59" East, a distance of 105.03 feet, more or less, to a point on the north right-of-way line of said West 6th Street; thence continuing along said north right-of-way line South 88°16'47" West, a distance of 17.39 feet; thence leaving said north right-of-way line, North 56°36' 59" West, a distance of 87 .21 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion thereof lying within the existing easement described in Instrument No. 352751, records of Latah County, Idaho. Containing 1,218 square feet, more or less. SUBJECT TO: Existing rights-of-way and easements of record and/or appearing on above described tract. GRANTOR, its successors and assigns, reserves the right to improve said easement area as long as such improvement shall not unreasonably interfere with the construction, operation, maintenance, repair and/or reconstruction of the utility. GRANTOR agrees that it and its heirs or assigns will not build or place any new encroachment thereon which will unreasonably interfere with the right of GRANTEE. GRANTEE, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with the aforesaid utility (including, but not limited thereto, the right to make necessary repairs, alterations, and removals or replacement thereof). Upon exercising these rights, GRANTEE shall restore the property to its prior condition. GRANTEE is granted the aforementioned rights, together with the rights and privileges of ingress and egress to and from said property for the above stated purposes. It is expressly intended that these burdens and restrictions shall run with the land and shall forever bind GRANTOR, its heirs and assigns. Dated this day of ,2017. GRANTOR J & S Holding company, L.L.C. James L. Stephens, Member PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY GRANTEE City of Moscow, Idaho Bill Lambert, Mayor PAGE50F7 ---PAGE BREAK--- ATTEST: Laurie M. Hopkins, City Clerk ACKNOWLEDGEMENTS STATE OF IDAHO ) ) ss: County of ) On this day of 2017, before me, the undersigned, a Notary Public, in and for said State, personally appeared James L. Stephens, in his official capacity as Member of J & S Holding Company, L.L.C., known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said company. PURCHASE AND SALE AGREEMENT FOR EASEMENT J & S HOLDINGS AND CITY Notary Public for: _ _ Residing at: _ My Commission Expires: _ PAGE60F7 ---PAGE BREAK--- 280 SQ FT. ± PERMANENI EASEMENT 1,218 SQ. FT. ± TEMPORARY CONSTRUCTION EASEMENT EXISTING UTILTIY EASEMENT INSTRUMENT NO. 495438 EXISTING EASEMENT INSTRUMENT NO. 352751 Digitally Signed on: Nov 29, 2016 LEGEND POB 0 40 80 SCALE IN FEET J & S HOLDING COMPANY INSTRUMENT NO. 502165 N02"14'51 "W 29.12' S8T45'09"W POB S 1357.64' 2673.56' 6TH STREET 7 POINT OF BEGINNING EXISTING R-0-W PROPERTY LINE R/W-- • 0yors •Planners PURCHASE AND SALE AGREEMENT FOR EASEMENT ] & S HOLDINGS AND CITY EXHIBIT PERMANENT AND TEMPORARY CONSTRUCTION EASEMENT CITY OF MOSCOW SE 1/4 SEC. 7, T39 N, R5 W, B.M. i I PAGE 7 OF7