Black Cat Trunk New Cavanaugh LLC Sewer MainADA COUNTY RECORDER Christopher D. Rich 2016-095717
BOISE IDAHO Pgs=16 LISA BATT 10/05/2016 03:17 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 10-15-116, City of Meridian, Black Cat Trunk Sewer
Parcel # and Owner: SI 130223502, 15.9 AC parcel, located in the northwest corner of Section 30, Township 3
North, Range I East, New Cavanaugh LLC. ("Subject Property")
Date: jd L /
THIS EASEMENT CONTRACT, made this day of �lV U 2016, between
the City of Meridian, acting by its Mayor and Council, herein called "CITY" and New Cavanaugh LLC, herein
called "GRANTORS".
WHEREAS, CITY is constructing the Black Cat Trunk Sewer Phase 5 project in South Meridian; and,
WHEREAS, this Project will improve sewer capacity and delivery as well as extend sewer services through an area
of existing and future development and growth in South Meridian; and,
WHEREAS, GRANTOR'S real property identified above is a suitable location for a portion of the Trunk Sewer;
and,
WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Sanitary
Sewer Easement included herewith as Exhibit A-1 and Temporary Construction Easement included herewith as
Exhibit A-2:
NOW THEREFORE, the parties hereto agree as follows:
1. INCORPORATION OF RECITALS: The above recitals are included in this Agreement and by this reference
are incorporated herein.
2. CITY CONSIDERATIONS and RESPONSIBILITIES
CITY agrees to the following in consideration for the GRANTORS agreement to provide the easements requested
herein.
A. The CITY shall notify the GRANTOR at least 14 days prior to the commencement of work on the site. If
at all possible, the construction shall begin after the crop harvest in the affected lands. The CITY's
contractor shall coordinate all aspects of the work with the GRANTOR.and/or GRANTOR's construction
representative.
B. The CITY's contractor will remove and dispose the existing trees fronting Meridian Road and adjacent to
the temporary construction easement. Trees along the southern bank of the Ridenbaugh Canal shall be
retained and protected. Stumps removal will not be performed.
C. The CITY's contractor will remove and reinstall the field fencing along the temporary construction
easement area to a condition equal to or better than existant prior to construction.
D. The CITY's contractor upon project completion, will remove any top soil contaminated with rocks or other
debris and replace with import top soil. Top soil will be placed and graded in the field areas to the lines
and grades preexistent to construction. Irrigation delivery or wastewater collection ditches disturbed by the
construction activities shall be replaced in-kind.
E. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out
below. The GRANTOR is also aware of the costs incurred by the CITY for the tree removal described in
Section 2 above.
7-5-2016 Page 1 of 2
ITEM DESCRIPTION AREA
GROSS VALUE
VALUATION
EASEMENT VALUE
(Ft2)
($/Ft2)
FACTOR
($)
Permanent Easement 1,705 s.f(+/-)
$0.04
50%
$ 34.00
Temporary Easement 67,018 s.f.(+/-)
$0.04
10%
$ 268.00
In -lieu of Appraisal — in consideration of the GRANTOR'S agreement to utilize a valuation of $0.04 per
square foot of the property is based on current assessed value $22,600 or $1,421 per acre. To avoid the cost of
a third party appraisal, the CITY agrees to pay the GRANTORS a lump sum of: $1,500.00.
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1.802.00
3. GRANTORS CONSIDERATIONS and RESPONSIBILITIES
A. GRANTOR is aware of the CITY's time constraints and will act promptly in fulfilling the responsibilities
stated herein.
B. GRANTOR shall modify farming practices in the temporary construction easement to allow full utilization
of the area by the CITY's contractor.
4. GENERAL CONDITIONS
A. 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 sanitary sewer line.
B. The term of the temporary construction easement shall expire within 30 days after the installation and final
acceptance of the sewer line and related appurtenances.
C. 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.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF M GRANTORS
QO�P
AUGUS �
T
By
Tammy or
d We d, Ma a w
1// Y (11V of
E
D l l IDIS IAN'�,-
IDAHO
Date: u, G UIL
_ _ v
ATTEST: Y -'I O��heTREPSJr Date:
Q& Clerk
Date approved by Council: /0/ )0/&
7-5-2016 Page 2 of 2
EXHIBIT A-1
SANITARY SEWER EASEMENT
THIS INDENTURE, made this 'Tt:�day of , 2016 between New Cavanaugh LLC
, 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 are willing to provide a sanitary sewer right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be
constructed by the GRANTEE; 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 Legal Exhibits A-1.1 and A-1.2)
The easement hereby granted is for the purpose of construction and operation of a sewer
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 sanitary sewer line, GRANTEE shall restore the area of the easement
and adjacent property to that existent prior to 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.
Sewer Main Easement Rev.8-4-16
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, or public pathway 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 recognize the GRANTEE's need for occasional and emergency
maintenance activities to the sewer and associated allied facilities. In the event stored items
encumber the GRANTEES access to the sanitary sewer and sewer manholes the
GRANTOR shall promptly move said items to allow full utilization to the GRANTEE'S
of the permanent easement.
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.
Sewer Main Easement Rev.8-4-16
GRANTOR: NEW CAVANAUGH LLC
Maiger
Address M t t f
STATE OF IDAHO )
: ss.
County of Ada )
On this *- day of tk6k l U -S , 20 , before me, the undersigned, a Notary
Public in and for said State, person appeared y ay as pearedj , :n c and
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 my hand and affixed my official seal the
day and year first above written. ,
f
(SE W611,u•,••• NOT RY PUBLIC FOR IDAHO
Residing at:r{
•.•'�,`S.�''�••••'•• `f ��'• Commission Expires:
•.f 0 VARY •'�• •.� ----
-
S =
•ti PUBI-�G�,• O •:
•••,qTE
Sewer Main Easement Rev.8-4-16
GRANTEE: CITY OF MERIDIAN
Tammy de
V
Mayor
City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss
l0y
County of Ada G )
On this c qday of , 20, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and , C l
known tome to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, N j e -S
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.
(SEAL) a� . C�,•
•
a:bq•
% '�•i
jti 1(��-c--� f uc --Not
NOTARY PUBLJC FOR IDAHO �,,``
Residing at: l/J -Lu
Commission Expires: �a'! FT
Sewer Main Easement Rev.8-4-16
(rJUIBI
J -U -B ENGINEERS, INC.
THE GATEWAY
J -U -B COMPANIES
GROUP NEl APPING
EXHIBIT A-1.1
Sanitary Sewer Easement
Cavanaugh
Boundary Description
Project Number 10-15-116 lune 21, 2016
An easement situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian;
Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30;
Thence S89°34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road
and the center line of the Ridenbaugh Canal, the POINT OF BEGINNING:
Thence S44°08'28"E, 42.75 feet along the center line of the Ridenbaugh Canal;
Thence S00°2544"W, 37.79 feet parallel with and 30.00 feet from the east right-of-way line of
South Meridian Road;
Thence S76°07'07"W, 30.96 feet to the east right-of-way line of South Meridian Road;
Thence N00°25'44"E, 75.90 feet along the east right-of-way line of South Meridian Road to the
POINT OF BEGINNING.
The above-described easement contains 0.04 acres, more or less.
Prepared from information of record.
LA
XA1 4
OF��P
Page 1 of 1 cy�FL S
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 i 208-323-9336 it, www.iub.com
Exhibit A-1.2 & A-2.2
24W19 NW Corner
25 30 Section 30
w
904°13.3'44
1
"6
W"
E m
Sanitary Sew
er Easement
70.
__ of Beginning
Temporary Construction Easement
Point of Beginning --
Sanitary Sewer Easementz z
-
q aZOV
7—
J
30'--� \_6
WI
'q -
LO
N t )
O Lo
OI
Z
I
L
I:
N LO
N
(0 O
0
W
I
Ridenbough Canal
\ 0 50 100
SCALE IN FEET
Line Table
Line #
Direction
Length
1-4
S44°08'28"E
42.75'
L5
S00°25'44"W
37.79'
16
S76°07'07"W
30.96'
L7
N00°25'44"E
75.90'
Temporary Construction
I Easement
I
I
LAN
S�
tof�oy���
REUSE A DRAWIGNS
THIS HE IDEAS AND DESIGNSENCU
T
jUSpR ,64,BEASE!",E.
JUB PROJ. q.10�15�116
><HIBIT6
Meridian Black Cat Trunk
SKEET
HCPROPDHEREIN,
NSTRENT.
AS Vl IN6TRUM1ICNT OF PROFCSSIONAL SERVICE, IS THE PROPERT"!OF
OF
ftFR TOBE OR PART,
DRA1"VN BY: ifn
��.
Cit of Meridian
FORANY OTHERCSSY RIIE
FORANY OTIEER PROJECT VYITHOUT THC ETPRE66 tYRITTEN
AUTHORIZATION OF J -U -B ENGINEERS, MC.
DESIGN BY: TIk
CHECKED BY. IAS°
The NW 1/4 of Section 30, T3N., R.1 E., B.M.,
1 of1
J -U -B ENGINEERS, INC.
City of Meridian, Ada County, Idaho
NO REVISION DESCRIPTION IBYIAPRI DATE
LAST UIDATED:'1222Bi6
Q cc 0
LL w
pf\0���
ASL 0'.
6/21/2016
Scale: finch= 9 feet File:
Tract 1: 0.0391 Acres (1705 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/58218), Perimeter=187 ft.
01 s44.0828e 42.75
02 s00.2544w 37.79
03 s76.0707w 30.96
04 n00.2544e 75.9
EXHIBIT A-2
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of 2016 between New Cavanaugh C
, 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 are willing to provide a temporary construction easement
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be
constructed by the 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 Legal Exhibits A.2.1 and A.2.2.)
The temporary construction easement hereby granted is for the purpose of construction of
a sewer 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 final acceptance of said sewer line and related
appurtenances by the GRANTEE.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after installing and accepting said sewer line and related appurtenances, 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 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
Temporary Construction Easement Rev.8-4-16
signatures the day and year first herein above written.
GRANTOR: NEW CAVANAUGH LLC
t
Ma 1 ger
2 to € S t 2
Address 6> u
STATE OF IDAHO )
: ss.
County of Ada )
On this day of k� , 20 6 , before me, the undersigned, a Notary
Public in and for said State, p rsonally appeared 'kjjrAL and
, known or identified to me to be the President Ad 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 my hand and affixed my official seal the
day and year first above written.
a ,
ti.
(SEAL) NOTARY PUBJ IC FOR IDAHO
,,�..5,`�WATI{.Nf''•,, Residing at:
��•' OTAR y o •. Commission Expires: % % J G
j �►.dip
S
00 %too 6064690
"*lost, of �,,.•.
111111••``
Temporary Construction Easement Rev.8-4-16
GRANTEE: CITY OF MERIDIAN
Tammy de W
Attest
City Clerk
Approved By City Council On:
STATE OF IDAHO,
ss
County of Ada )
On this day of OC IV19-e- ✓ , 20 K,,-, before me, the undersigned, a Notary _
Public in and for said State, personally appeared Tammy de Weerd and Gl
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, ea s
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.
.sees.
••,,..
MAC •.
(SEALS - '
.'� a��.
:O'c" r b �
tip
•••sees..
k I cam- C, -44-f �
NOTARY PUB�Q
C�'FO�R IDA 0
Residing at:
Commission Expires: 9
Temporary Construction Easement Rev.8-4-16
GRANTEE: CITY OF MERIDIAN
Tammy de W r , ayor
m N
mZ� SEAL
o`rheTREnsVa��P�..
Attest qty . City Clerk /
Approved By City Council On: /0/r /� l / �Cl�
STATE OF IDAHO, )
ss
County of Ada )
On this day of 00 fO , 20 �w , before me, the undersigned, a Notary _
Public in and for said State, personally appeared Tammy de Weerd and jayve5-- 6k y
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.
41 ",JLe�
(SEAL) NOTARY PUBff '
FOR IDA 0
Residing at:
Commission Expires:
Temporary Construction Easement Rev.8-4-16
WE •
J•U-B ENGINEERS, INC.
-U-B COMPANIES T"E MAPPING
;, � LANGDON i MAPPING
.. GROUP INC. El
EXHIBIT A-2.1
Temporary Construction Easement
Cavanaugh
Boundary Description
Project Number 10-15-116 June 21, 2016
An easement situated in the northwest quarter of Section 30, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian;
Thence S00°25'44"W, 410.86 feet along the west line of the northwest quarter of Section 30;
Thence S89*34'16"E, 70.00 feet to the intersection of the east right-of-way line of South Meridian Road
and the center line of the Ridenbaugh Canal;
Thence S44°08'28"E, 42.75 feet along the center line of the Ridenbaugh Canal to the POINT OF
BEGINNING:
Thence continuing S44°08'28"E, 99.75 feet along the center line of the Ridenbaugh Canal;
Thence S00°25'44"W, 642.41 feet parallel with and 100.00 feet from the northerly leg of the
east right-of-way line of South Meridian Road;
Thence N86°01'49"W, 94.39 feet to the east right-of-way line of South Meridian Road;
Thence NO2°56'11"W, 98.59 feet along the east right-of-way line of South Meridian Road
Thence N00°25'44"E, 563.77 feet along the northerly leg of the east right-of-way line of South
Meridian Road
Thence N76°07'07"E, 30.96 feet;
Thence N00°25'44"E, 37.79 feet parallel with and 30.00 feet from the northerly leg of the east
right-of-way line of South Meridian Road to the POINT OF BEGINNING.
The above-described easement contains 1.54 acres, more or less.
Prepared from information of record.
T
1 o
LP
X OF
Page 1 of 1 yAEL S • ��
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 iv wwwJub.com
Point of Beginning
Sanitary Sewer Easement
Exhibit A-1.2 & A-2.2
24V1 9 NW Corner
25 30 Section 30
w S89'3416°E Sanitary Sewer Easement
70.00'
�r-
_ _ _ _ _ Point of Beginning
Temporary Construction Easement
I � S9
L7 ---I J
30' --- \�6 _
in
U-)
N M
I:
N Ln
N
c (0 O
O
I
Ridenbough Canal
\ 0 50 100
SCALE IN FEET
Line Table
Line #
Direction
Length
14
S44°08'28"E
42.75'
L5
S00°25'44"W
37.79'
16
S76°07'07"W
30.96'
L7
N00°25'44"E
j 75.90'
m Temporary Construction
Easement
I
I
�I m
00Z 94.39'
N86'01'49"W
I
R
LAND
�s R
70
OF
cygEL S
REUSE OF AND DESIGNS
THIS ODCUlJEM.ANO THE IDEAS AND DESIGNS INCORPORATED HEREIN,
FILE:tG 15-116 EASEM19E
XHIB)TS
Meridian Black Cat Trunk
SHEET
AS Aid INSTRUt,IENTOFPROFESSIONALSERVICE,ISTHEPROPCRTY OF
jAUTHONGINEER Inc AN DN NOT TO BE USED, IN WHOLE OR PART.
JUR PROD. A. I G-15116
ORAVdN BY'.i1X
NUB
CIt of Meridian
City
FOR ANY OTHER PROJECT VATHOUTTHE EXPRESS WRITTEN
AVTHOWZATION OFJ�U�B ENGINEERS,i�
O
DESIGN BV: Pk
CHECKED BY. 6ffi°
The NW 1/4 of Section 30, T3N., R.1 E., B.M.,
1 of 1
J•U-8 ENGINEERS, INC.
City of Meridian, Ada County, Idaho
NO REVISION DESCRIPTIONBV PR DATE
LAST U'DATED: 6222)16