HomeMy WebLinkAboutPermanent and Temporary Easement Contract with Quenzer Farms, LP for Black Cat Sewer Project
City of Meridian
Public Works Dept.
l/"""'f'~'''',r'''~ '\\""'\1""[;1 D'
,1":.l~":';,: 'tiJ i ~ .rJ .'
Memo
APf~ 1 2 2007
City Of Meridian
City Clerk Office
1.:"", __ ". "
To: Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
CC: Brad Watson, Public Works Director
Date: 04/12/2007
Re: Proposed Agenda Item for April 17, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the April
17 City Council agenda, under Consent Agenda, for Council's consideration.
1. Permanent and Temporary Easement Contract for the North Black Cat Trunk and Lift
Station. A permanent and temporary easement has been signed by Quenzer Farms
LP for the lift station site and construction of the pressure sewer on their property on
Black Cat Road between Ustick Road and McMillan Road for this project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the pennanent and temporary easement contract
for the lift station site and construction of the pressure sewer on the property
on Black Cat Road between Ustick Road and McMillan Road for the Quenzer
Fanns LP and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
City of Meridian
33 East Idaho Street, Meridian, 10 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description:
Parcel # and Owner:
Date of Offer:
10.05.135 North Black Cat Sewer & Lift Station
S0434233655 Ouenzer }<'arms LP
April 5. 2007
THIS RIGHT-OF-W A Y CONTRACT, made this Lday of April 2007, between the City of Meridian, acting by its
Mayor and Council, herein called "CITY" and Quenzer Farms LP ,herein called "'GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Lift Station Site, a Permanent
Sanitary Sewer Easement and Temporary Construction Easements 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 bcndits as arc set oul below:
ITEM DESCRIPTION
AREA
<ptl)
65,558
GROSS VALUE VALUATION EASEMENT VALUE
($Il-'tl) FACTOR ($)
Permanent Easement
**
**
Sewer Site
29,534
**
**
Temporary Easement
83.591
**
**
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
**
** The land values are to be determined by an independent land appraiser. The City of Meridian agrees to pay for said
appraisal and this document will be revised with the actual land values once they are available.
B. The CITY agrees to provide GRANTOR with block-outs from the trunk sewer manholes at mutually agreed to
locations where the trunk sewer traverses the subject parcel.
C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction.
D. The CITY agrees to repair and restore the ground to a condition similar to the pre-construction condition.
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for both the permanent and temporary easements as determined by a certified real estate appraiser:
o Cash Payment in the amount of NA
X Donation value of the easement "'*
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 or 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.
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 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,
Pag~ ] l)" 2
I' Wr"Jl't.:IMall'I&la:r~\PHK\111-0~.jI16-M!:I'II.I"1I1 Nmlh 131;ldI. C...I\eil:>i;IIICUI",\QUIlI1I.Cr 1.:\lmrillo:f.\I{)~'
_~ ,
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDIAN
By ~9~ui~irtrE~
Tammy de Wee ayor ~~~~~~~ ~~~ - ~°a~, ~ Euge
~ ~ ~
~~ ~ ~ ~~'
Date: ~~2 7 ~~ ~ '~Os~.,q p~, ~6, Bate:
~ O
ATTEST:
illiam Berg, Jr., City Cle ~i
,PO ~ T ~ ,~
~ '~~ ~ ~ ~`
Date approved by Council: ~' 1 , `
~hflfrl 1t11~~~\
GRANTORS
STATE OF IDAHO, }
ss.
County of Ada )
zer, Managing
~ --~ l `
On this ~ ~ day of .-~~~!-}~~ ~~ , 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 day and year first above written.
)l lli iii ('~~ ~ ~ , •~` (. _~_
•''"'' •.
(SEAL) ••• Q1Y_~Sryl.•.•
' ~ •
. ~ ~ .
•
•
•~~ AC~t,1G ~o..
. ~; , iF 11~••
~••...~•
F:AProjectManngers\YHKU U-OS-026-Meridian North 61s~ck CapAEnscmentsVQucnim conn~aci.dac
NOTARY PUBLIC FOR IDAHO
RESIDING AT: ~~``\~-~~- ~~-~
MY COMMISSION EXPIRES: 1 c~ ~ S ~ ~~
Page 2 of 2
SANIT ARV SEWER EASEMENT
THIS INDENTURE, effective this ~day of .8QriL, 2007, by the undersigned Quenzer
Farms LP, who maintains a mailing address of 4020 N. Black Cat Road, Meridian, ID
83642, hereafter referred to as "GRANTOR" for the benefit 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 lift station and 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, in consideration 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 pipeline over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, ROS 7553. A-2, A-2.1 and B-1, B-1.1 , B-2, B-2.1)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer pipeline and allied facilities, together with
maintenance, repair and replacement at the convenience of the CITY, with the free
right of access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer lift station and pipeline and related incidental work. The temporary
construction easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. 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 permanent easement.
Page 1 of 3
SANITARY SEWER EASEMENT
2. HOLD HARMLESS, In consideration of allowing Grantee to perform
work on and/or operate within the said described parcel, Grantee
expressly agrees to indemnify, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands,
actions, debts, injuries to persons, and damages to property,
damages, costs, charges, and expenses, including all court cost and
attorneys fee, and against any and all liability, losses and damages of
any nature whatsoever, the "Damages" that Grantor shall or may at
any time sustain or be put to by reason or as a result of Grantee
performing, working on and/or operating within the here in above
described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
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.
STATE OF IDAHO)
) ss
County of Ada )
On this S"~ day of ~\- ( ,2007, before me f.Y~-r.. ft- ~,.&A/' ,
personally appeared Euqene Quenzer, proved to me on the basis of satisfactory
evidence to be the persons whose names is subscribed to the within instrument,
and acknowledged that they executed the sa
o
/'
My Commission Expires on /1- d . 07
Page 2 of 3
..
Beneficiary: CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
ATTEST:
William Berg, Jr., City Clerk
Date approved by Council:~__
Page 3 of 3
SANITARY SEWER EASEMENT
Project: 10-05-026
Date: September 15, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
LIFT STATION SITE
That portion of the Northwest 14 of Section 34, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, as shown on a Record of Survey 7553, Instrument Number
106146886, and more particularly described as follows:
Commencing at the West 14 comer of said Section 34 from which the Northwest
corner of Section 34 bears North 00'27'22" East, 2,631.60 feet; thence along the Westerly
boundary line of said Northwest 14 of Section 34; North 00.27'22" East, 515.56 feet to the
POINT OF BEGINNING;
thence continuing North 00" 27'22" East, 135.81 feet;
thence South 89" 32'38" East, 195.00 feet;
thence parallel with the Westerly boundary of the Northwest 14 of Section 34,
South 00"27'22" West, 170.44 feet to the Northerly boundary line of the Five Mile Drain;
thence along said line the following two courses:
North 78"15'37" West 155.40 feet;
North 83"53'05" West, 42.81 feet to the POINT OF BEGINNING.
Containing 0.678 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
GEH:lhc
H:\PHK\lo-0S.0Z6.Meridlan North Black Cat\Admin\Descriptions\L1FT STATION,doc
".-... ,. '"...
..'1- I. .!"I.~
I
... ~
... ..
r-f--...,--" '.,- !fi-~- - ":"";:~- -- - -
ir II Iii' )~f~~ j;l: liP
fii -:i k - iii'
I i~ / \ s
~ ~. ~IC
"/ ':;,/.. " d'
. - '<f I I.
1= "'i
~! j'
t~
BQS r6 llEARlNll
-- - - ~ NOCP'.ZT2n 2f,Jl,""-
If
~~
-'l::i
_.~-~._- '
~ .-.
~ :::]
, II
,~ ~
l!l
~
,)1
ii
i ,.. -f;
~ l' f;:
~ '(l: 1 '_ '
fl:~
I 'if
) ~I
It I ! !
I~ il;~ua~lil ~ :jU~~~
I
I ,~~I!!~I J j !!s!hi
~ 310J8f I I
;i~ if! Ii e-<a~iI~. . . . ~
~ Iii i
, i!i":.M I I ~!lslli: ~<
i 1
~i ~~!~~el ~ !!!~:.: i C/!
~~~il ~=i I !ii4'''i OJ ~I j~i ~ A~ I ~ ; I c:
! )- ::I J J~ fi ~ ~d;! i ! ~ I 1iI~ !!l j
~i~el~;~'-; ~
~ , ..t.~=. J 'iJ;r;i i; ~II ! ~~ i ~ i ;:
... ~i~ i;~i liUI ~ ~ ;-!i h i I I l I ~
f 'i ~ ~
r ~~i 1~iI ~i4 ;.
a A
? !I~ ~ ..
iii ,
t U'r !
'i'
co
RECORD OF SURVEY FOR J-U-8 ENGINEERS. Inc, .~
CITY OF MERIOAIN I QUENZER 1 NMID 250 S. 8ee<;h......,d Avenue
Suire 201
A PORTION OF THE NORTHWEST 114 SECTION 34, Boise. Idaho 83709-0944 . \dJ
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN. ""'"-: 2OlI,378. 7330
F u: 208.323 'l33ll , ..
MERIDIAN, ADA COUNTY, IDAHO lWM'.jub.com
Project: 10-05-026
Date: April 5, 2006
EXHIBIT A-2
PARCEL DESCRIPTION
PERMANENT SEWER LINE EASEMENT
That portion of the Northwest 14 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Beginning at the Center 14 corner of Section 34; thence along the South boundary line of said
Northwest 14 with and North 89 "15'04" West, 1,049.42 feet;
thence North 78 "15'37" West, 37.26 feet;
thence North 33 "15'37" West, 88.16 feet;
thence North 44" 30'37" West, 188.03 feet;
thence North 55"45'37" West, 57.03 feet;
Road;
thence North 78"15'37" West, 1,326.76 feet to a point on the Easterly right-of-way line of Blackcat
thence along said right-of-way North 00"27'22" East, 24.47 feet;
thence South 78"15'37" East, 1,336.33 feet;
thence South 55.45'37" East, 64.16 feet;
thence South 44.30'37" East, 192.76 feet;
thence South 33" 15'37" East, 86.33 feet;
thence parallel with and 24.00 feet Northerly of said South boundary line of Northwest 14,
South 89"15'04" East, 1,044_23 feet;
thence South 44" 30'37" East, 34.10 feet to the POINT OF BEGINNING.
Containing 1.505 acres, more or less.
END OF DESCRIPTION
Prepared by:
J.U-8 ENGINEERS, Inc.
Gregory E, Holkesvig, P.l.S.
GEH:lhc
P:\PHK\ 10.05.026.Meridian North Black Cat\Admin\Descriptions\QUENZER-PERM A.2.doc
<:
1. ~
.
~(
544.30'37-E
J~_~~'~ P.O.B.
: (I C. 1/4 COR.
, 1
I I
- I I_
1"1 C'I
~I ,:
il I~
I I
<~ t+
I I
~I I~
~I l~
'"11m
!I, ,:z
I I
I I
: I ).~
fj":J1.(", ) )E~
, ~":J~V It! ~
. /' .........z
/ /'" ...... ~~:
,/' / /" 'i'-":J~#~6
,/ ~t./ /
,,' ,q'),/ /.
. / / /~
/ ~/ /#'
,/.47 /'"
/ /.;.."9/ ....::.
,-- c;;7 /.4-
,}.,/ / 1-"9
.~ /~
C ~.
,ti/7 /.""J
/' ( I:'~~
/ ., I.
::J. .
,.' rJI ,If#
i t:1! ,If:
,-' ~
" I ,-
,i~~ f +
I' ~I I~
: eft IE-;
'i' I~
"'1 I~
t I
I I
L {NOO"27'22-E
24. 74'
~
o 100
SCALE: 1 "= 100'
".."""_,_~___.. <;oil FILE'
.aAtr4IN11'fitM!11ffOPPIIIO'Yaaw.~.1I1'H1!~c:. ~,t; flNlc\1~
=~~:=n.m,.:===~AIn'. PlDT~.':_
A&ItHOfIC2ATIOW c:#.J..II.a...... ... Ml.;
-...,...
DfSIQN BY: CWI
, .
("~.B }
,~
.--.
.
EXHIBIT A-2.1
SHEET
1
Of
QUENZER PERMANENT SEWER LINE EASEMENT
1
Project: 10-05-026
Date: April 6. 2006
EXHIBIT B-1
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Northwest 1f.c of Section 34, Township 4 North, Range 1 West.
Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows:
Commencing at the West 1f.c corner of said Section 34; thence along the Westerly
boundary line of said Section 34; thence North 00.27'22" East, 634.73 feet; thence
South 89" 32'38" East, 25.00 feet to a point on Easterly right-of-way of Black Cat Road being
the POINT Of BEGINNING;
thence along said Easterly right-ot-way line North 00" 27'22" East, 50.00 feet;
thence South 89" 32'38" East, 200.00 feet;
thence South 00.27'22" West, 209,79 feet;
thence North 78"15'37" West, 50.99 feet;
thence North 00"27'22" East, 149.81 feet;
thence North 89" 32'38" West, 150,00 feet to the POINT Of BEGINNING.
Containing 0.408 acres, more or less.
END OF DESCRIPTION
Prepared by:
J.U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
GEH:lhc
P: \PHK\ 1 O"05-026.Meridian North Black Cat\Admin\Descriptions\QUEN2ER. TEMP 8.1 .doc
S89.32'J8"E 200.00'
r--------------------,
j.J I I
Es/ I
589.32'38"E G ~ / /
. 0
25.00~ I /
j - - - N89.32'J8"W - -150.00'- - - -1 /
P.O.B. , I
I I~
I~
I
I
Iii:
l~
I~
Ig
I
I
I
I
I
I
L_ /
N7S'iS'j]" - ...J
50.99' .,
o
-<
o
It:
.....
<C
U
~
m
I
irJ
~I
..,
I
,l<J
~
~
r..
f'I
8
2;
iO
i
fo'
~
~
r..
f'I
o
o
z
N
5b
aD
S~ALE: 1"=50'
1ao
__,_~_'""_ eNlF1U!'....'-
...",.~OF~I!IiEFWIcf..1HIE~0fI pMJ...,...."a-oa-a.
=~=:'::~==PMf. PWf :1
~naN~~---._ wwa
DRA.,V: ""
oes_ISV: iXH
. y,
~-
rJ-U.B }
~
.~.
EXHIBIT 8-1.1
SHEET
1
OF
QUENZER LIFT STATION
TEMPORARY CONSTRUCTION EASEMENT
1
Project: 10"05-026
Date: AprilS, 2006
EXHIBIT B-2
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Northwest ~ of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Beginning at the Center 14 corner of Section 34; thence North 44030'37" West, 34.10 feet;
thence parallel with and 24.00 feet North of the South boundary line of said Northwest 14 of Section 34,
North 89 '15'04" West, 1,044.23 feet:
thence North 33 '15'37" West, 86.33 feet;
thence North 44' 30'37" West, 192.76 feet;
thence North 55'45'37" West, 64.16 feet;
thence North 78 '15'37" West, 1,336.33 feet to a point on the Easterty right-of"way line of Blackcat
Road:
thence along said Easterly right.of.way North 00' 27'22" East, 20.39 feet;
thence South 78'15'37" East, 1,344,29 feet;
thence South 55' 45'37" East, 70.11 feet;
thence South 44' 30'37" East, 196.70 feet;
thence South 33" 15'3r East, 65.61 feet:
thence parallel with and 54 feet North of said South boundary line of the Northwest 14, South 89 '15'04"
East, 1,064.55 feet to a point on the East boundary line of said Northwest ~;
thence along said East boundary line South 00' 43'45" West, 54.00 feet to the POINT OF BEGINNING.
Containing 1.511 acres, more or less.
END OF DESCRIPTION
Prepared by:
J.U-B ENGINEERS, Inc,
Gregory E. Holkesvig, P.L.S.
RMH/GEH:lhc
P:IPHK\10"OS-026.Meridian North Black Cat\AdminlDescriptionsIQUENZER"TEMP S"2.doc
.
~~
SOO.43'45"W
54.00"
I - /1 J P.O.B.
I ; C. 1/4 COR.
I ~N44.30'J7.W
I I ' 34.10'
inl ..,1
~I ~
.... ....
~I ~
I I
f + 1
I I
wi ~I
. ~
C!;I 91
in II)
&;1 &;1
~I ~I
I I
I I
,~~I I
~"'~,,~ ::J ) ;
C:>~ fP7 A.
.7 A~1 /"
/ Lo,,'j ~ /
. / /~~'S~",.~-
"p/ / -
,rjJ;- 4 /
/ ~ /
fi;/ /"- ,
t9.'S\/ / / /
cb /' ~:$" " /
/ .~ /
<... /.... /
A / /~ /
.~~ ~ /'.
~ /''''."
I i:~~1
f..;f rli'
I (
oj I. I
'" ::J;
;7 'N ,i
':!f I i<f '
- ,
I I '
tfL
1::1 I~,
~I I.,.,!
lI)'
i, 1(0;
u,1 I"
I ~
I I
I I
~~0~''27'22.E
20.39'
f60
<:
~
,&J ...
b ,d'o
SCALE: 1"=100'
_flOC......,.,_'~--- CAOFlLE,.,.,.,....
AI AIII..~NfOF ~.-..va, line PIItOP!M'n OF IIIf'IJJ. f: Pf<<\t~
~~=~,:=e:.=:~. ~SCALE:iat
AuTl<IAilAT'ION 01 .............. N. DAAWMl NO. .
O~WNI"f _
DE.... 8'i': GeM
("j:jJ.B)
"~
.-.-..
EXHIBIT B.2.1
SHEET
1
OF
QUENZER TEMPORARY CONSTRUCTION EASEMENT
1
.11