HomeMy WebLinkAboutBYUI Fiber Right of Way Agrmnt University BlvdRIGHT-OF-WAY
ACQUISITION AGREEMENT
THIS AGREEMENT, made this ) 4 day of 2022, by and between
the CITY OF REXBURG, a municipal corporation (hereinafter called "City"), with a mailing
address at 35 N 1 st E, P.O. Box 280, Rexburg, Idaho 83440, and BRIGHAM YOUNG
UNIVERSITY-IDAHO, a Utah corporation (hereinafter called `BYU-Idaho"), with a mailing
address at 210 W 4th S, Rexburg, ID 83460.
WITNESSETH:
WHEREAS, BYU-Idaho is the owner of that certain property described as:
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 31, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST '/4 CORNER OF SAID SECTION 31;
THENCE SOUTH 89039'57" EAST, A DISTANCE OF 2,649.26 FEET ALONG THE
EAST -WEST CENTER OF SAID SECTION 31 TO THE CENTER '/4 CORNER
FOUND;
THENCE NORTH 00033'25" WEST, A DISTANCE OF 6.33 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A DELTA
ANGLE 01 °49'03", A RADIUS OF 2,937.50 FEET, AN ARC LENGTH OF 93.18
FEET, WITH A CHORD BEARING OF NORTH 89-11'47" WEST, AND A CHORD
LENGTH OF 93.17 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED,
"PLS 13856";
THENCE SOUTH 89053'42" WEST, A DISTANCE OF 189.25 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 00031'46" WEST, A DISTANCE OF 125.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856' ;
THENCE NORTH 89053'41" EAST, A DISTANCE OF 190.18 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA
ANGLE OF 03018'21", A RADIUS OF 3,062.50 FEET, AN ARC LENGTH 176.70
FEET, WITH A CHORD BEARING OF SOUTH 88027'08" EAST, WITH A CHORD
DISTANCE OF 176.68 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED,
"PLS 13856";
THENCE SOUTH 86047'57" EAST, A DISTANCE OF 1,053.66 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE
OF 03027'55", A RADIUS OF 2,937.50 FEET, AN ARC LENGTH 177.66 FEET, WITH
A CHORD BEARING OF SOUTH 88031'55" EAST, WITH A CHORD DISTANCE OF
177.63 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856' ;
ROAD RIGHT-OF-WAY ACQUISITION AGREEMENT
THENCE SOUTH 00027'02" EAST, A DISTANCE OF 41.77 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE SOUTH 89053'42" WEST, A DISTANCE OF 1,313.28 FEET THE NORTH —
SOUTH CENTER OF SAID SECTION 31 TO A POINT;
THENCE SOUTH 00033'25" EAST, A DISTANCE OF 13.98 FEET ALONG THE
NORTH — SOUTH CENTER OF SAID SECTION 31 TO THE POINT OF
BEGINNING, CONTAINING 3.06 ACRES OF LAND, MORE OR LESS.
AND WHEREAS, the City of Rexburg (hereinafter the "City") is the responsible party
for public access to private property owners throughout the City;
AND WHEREAS, the City is desirous of obtaining the above described property for the
purpose of construction of a future City street known as University Blvd;
AND WHEREAS, BYU-Idaho is desirous of donating the above described property upon
certain conditions;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, BYU-Idaho agrees to donate to the City the above described property by executing
the appropriate Quitclaim Deed in favor of the City of Rexburg.
The City agrees to construct and maintain or have maintained a public right-of-way,
which public right-of-way shall include a single access to BYU-Idaho's parcels on each side of
the roadway in accordance with the City's Access Management Plan. The timing of the roadway
construction will occur when determined necessary by the City Engineer and when funding is
available.
The City further agrees that all costs associated with the construction of the roadway and
associated infrastructure shall be at the sole cost of the City, including but not limited to:
• Construct the proposed asphalt street, curb, gutter, and storm drainage facilities for the
street. BYU-Idaho will not be charged the front footage fees for these improvements at
the time of development that would normally be assessed to properties along existing
streets.
• Construct a right of way fence along the new proposed right of way line.
• Modify BYU-Idaho's existing irrigation pivot to irrigate the remaining parcel.
The City further agrees to allow BYU-Idaho (or its sub -lessees) to continue farming the
land included in the road right-of-way until such time as the City determines that the land is
needed for its intended purposes. Such farming shall occur in a manner that will not damage any
City utilities installed within the property. The City agrees to notify BYU-Idaho before any
roadway or other utility construction will occur.
The City further agrees to grant BYU-Idaho a utility easement through the City's
"Steiner" parcel located at 829 S 5d', Rexburg, Idaho to allow BYU-Idaho to extend water,
sewer, and other utilities through the parcel to serve proposed facilities on BYU-Idaho property
east of the Rexburg Irrigation Canal.
ROAD RIGHT-OF-WAY ACQUISITION AGREEMENT - 2
The foregoing constitutes the complete agreement between the parties, and may only be
modified in writing, with all parties acknowledging the modifications by signature.
This agreement shall be binding upon all heirs and assigns, or transferees forever.
FOR THE CITY OF REXBURG
APPROVED TO FORM:
Public W s-Director/ City Engineer, Keith Davidson
APPROVED .
By: - =
Mayo"r, erry ri
STATE OF IDAHO )
ATTEST:
By:
City Clerk, Deborah Lovejoy
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(SEAL) ``O�� ........ P/iO
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County of Madison ) y
On this day of liy�i/ , 2022, befor'tii,Q Elie u signed, a Notary
Public for Idaho personally appeared Jerry Merrill known to me ��M��� or of the City of
p Y Pp rY � Y h'
Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to
me that such City executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
r`'Q�P�4Np'•0.0�i�''••, N tary Public for Idaho �/Yl
Q: �'•�y R iding at Rexburg, Idaho
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sy'9T No ,2.
ROAD RIGHT-OF-WAY ACQUISITION AGREEMENT
BRIGHAM YOUNG UNIVERSITY-IDAHO
Brett A Cook, University Resources Vice President
STATE OF )
SS.
County of
On this day of , 2022 before me, the undersigned, a Notary
Public for said State, personally appeared , known or identified to me to be the
person authorized to execute this instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
Residing at:
My Commission Expires:
(SEAL)
ROAD RIGHT-OF-WAY ACQUISITION AGREEMENT - 4
DEED GRANTING EASEMENT
THIS INDENTURE, made this _a day of '2022, the CITY OF REXBURG,
hereinafter referred to as Grantor, in consideration of the sum of one dollar and other good and
valuable consideration, receipt of which is hereby acknowledged, herewith grants, bargains, sells
and conveys to BRIGIIAM YOUNG UNIVERSITY-IDAHO, hereinafter referred to as
"Grantee," the following easement for the purpose of installation and maintenance of water lines,
sewer lines, and other utilities.
The easement granted by this deed is for the benefit of the grantee and the easement is
legally described as follows:
BEGINNING AT A POINT 1192 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION
31, TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDJAN, AND RUNNING THENCE
EAST, 434.00 FEET TO THE EAST BANK OF THE REXB URG IRRIGATION CANAL; THENCE
N06028'50 "E, 36.75 FEET ALONG THE EAST BANK OF THE CANAL; THENCE WEST, 464.83
FEET; THENCE SOUTH, 20.00 FEET TO THE POINT OF BEGINNING.
The following rights are reserved to Grantor:
1. The right to freely use and enjoy the easement insofar as the exercise of such does not
endanger or interfere with the Grantee and its assigns upon the foregoing easement;
2. The Grantor's rights to use their adjoining property shall not be infringed.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day
and year first above written.
vejoy U t
the undersigned, a Notary
Public for Idaho, personally appeared Jerry Merrill, known to me to be the Mayor of the City of
Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to
me that such City executed the same.
Paget of 2
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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NP: • r' '- Residing at Rexburg, Idaho
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Page 2 of 2
QUITCLAIM DEED
THIS INDENTURE, made this A day of Oyfrhhf 2'022, BRIGH" YOUNG
UNIVERSITY-IDAHO, a Utah corporation, hereinafter referred to as "Grantors," in
consideration of the sum of one dollar and other good and valuable consideration, receipt of
which is hereby acknowledged, herewith grant, bargain, sell and convey to the CITY OF
REXBURG, a municipal corporation, of 35 North 1st East, Rexburg, County of Madison, State of
Idaho, hereinafter referred to as "Grantee,"
WITNESSETH:
That the said Grantors, for good and valuable consideration, to them in hand received by
the Grantee, the receipt whereof is hereby acknowledged, do by these presents remise, release
and forever QUITCLAIM unto the said Grantee, and to their heirs and assigns forever, all the
following described real estate, situated in Madison County, State of Idaho, to -wit:
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 31, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST '/4 CORNER OF SAID SECTION 31;
THENCE SOUTH 89039'57" EAST, A DISTANCE OF 2,649.26 FEET ALONG THE
EAST -WEST CENTER OF SAID SECTION 31 TO THE CENTER '/4 CORNER
FOUND;
THENCE NORTH 00033'25" WEST, A DISTANCE OF 6.33 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A DELTA
ANGLE 01 °49'03", A RADIUS OF 2,937.50 FEET, AN ARC LENGTH OF 93.18
FEET, WITH A CHORD BEARING OF NORTH 89-I 1'47" WEST, AND A CHORD
LENGTH OF 93.17 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED,
"PLS 13856";
THENCE SOUTH 89053'42" WEST, A DISTANCE OF 189.25 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 00031'46" WEST, A DISTANCE OF 125.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89053'41" EAST, A DISTANCE OF 190.18 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA
ANGLE OF 03018'21", A RADIUS OF 3,062.50 FEET, AN ARC LENGTH 176.70
FEET, WITH A CHORD BEARING OF SOUTH 88°27'08" EAST, WITH A CHORD
DISTANCE OF 176.68 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED,
"PLS 13856";
THENCE SOUTH 86047'57" EAST, A DISTANCE OF 1,053.66 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE WITH AN ARC OF A CURVE TO THE LEFT HAVING A DELTA ANGLE
OF 03°27'55", A RADIUS OF 2,937.50 FEET, AN ARC LENGTH 177.66 FEET, WITH
A CHORD BEARING OF SOUTH 88031'55" EAST, WITH A CHORD DISTANCE OF
177.63 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE SOUTH 00027'02" EAST, A DISTANCE OF 41.77 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE SOUTH 89053'42" WEST, A DISTANCE OF 1,313.28 FEET THE NORTH —
SOUTH CENTER OF SAID SECTION 31 TO A POINT;
THENCE SOUTH 00033'25" EAST, A DISTANCE OF 13.98 FEET ALONG THE
NORTH — SOUTH CENTER OF SAID SECTION 31 TO THE POINT OF
BEGINNING, CONTAINING 3.06 ACRES OF LAND, MORE OR LESS.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining, and the reversion and reversions, remainder and
remainders, and rents, issues and profits thereof,
TO HAVE AND TO HOLD, all and singular, the said premises, together with the
appurtenances, unto the said Grantees, and to their heirs and assigns forever.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the
day and year first above written.
BRETT A COOK, UNIVERSITY RESOURCES VICE PRESIDENT
BRIGHAM YOUNG UNIVERSITY-IDAHO
STATE OF )ss.
County of )
On this day of , 2022, before me, , a Notary Public
in and for the State of , personally appeared , known or
identified to me to be the person whose name is subscribed to the within instrument.
Notary Public for the State of
(Seal) Residing at:
My commission expires: