Permanent and Temporary Easement Contract with Falcon Creek, LLC for Black Cat Sewer
City of Meridian
Public Works Dept.
RECEIVED
AUG a 2 2005
City Of Meridian
CIty Clerk Office
Memo
To: Tammy de Weerd, Mayor
From: Clint Dolsby, Staff Engineer
CC: Brad Watson, Public Works Director
Date: 08/03/2005
Re: Proposed Agenda Item for August 9, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
August 9 City Council agenda, under Consent Agenda, for Council's consideration:
Permanent and Temporary Easement Contract for the Black Cat Sewer Proiect. A temporary
and permanent easement has been signed by Edward McNelis for dual pressure sewers
located south of the wastewater treatment plant and west of 10 Mile Road.
Recommended Council Action: The Public Works Department recommends
that City Council approves the permanent and temporary easement contract
for the dual pressure sewers located south of the wastewater treatment plant
and west of 10 Mile Road for the landowner Edward McNelis and authorize the
Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
JU,I. 8. 2005 12:43PM
No.0023
p, 3
Cily of Muidian
33 East Idaho SlIcet, Meridian. fD 83642
PERMANENT AND 1EMPORARY EASEMENT CONTRACT - REVISION NO.1
Project # and DescriptiolJ: #11867 Black Cat Sewer Project
Parcel # and Owner: 50434449413 Falcon Creek lLC, 621 North Robinson Road, N;ll1]pa. Idaho 83687
Dale of Offer'
THIS RIGHT-OF-WAY CONTRACT. made this day of 200S, bel ween the City of Meridiao,
aCling l>y il.$ Mayor and Council, herein called "CITY" and Falcon Creek, LtC herein called "GRANTOR.'.
WHEREAS, sut'ljecl to the lenns outlined below. GRANTOR agrees to deliver to the CITY !l Permanent Sanitary Sewer
Ea~(!menlllnd Temporary Construclion Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
J" CITY shall pay GRANTOR and the lien holder.. if any.. such sums of money andlor benefits as are SCI out below;
ITEM DESCRIPTION
AREA
(FtZ)
16,745
39,499
GROSS VALUE VALUATION
($IFt7) FACTOR
1.20 50%
LZO 10% x 50% (l!2yr)
EASE.MENT VALUE
($)
$10.100
$ 2.400
Permanent Sanitary Sewer Easement
Temporary Construction Easement
Total Easement Offer
AdiustDK"'Jt,
Adiusted Total Easement Offer
$12.500
S 2.500
S15.Q90
2. As set tonh in the Ciry of Meridian's Easement Acquisition Policy, the Grantor may choose from two oprions for JUSt
compensation tor both the permanent and lemporary easemcnlS asdetcrrnined by a certified real estale appraiser:
o Cash Payment* in the amount of
o Donation val ue of the easemenl
*Grantor will receive payment for (he perflUlnem easement within four weeks follllwing the recording ot the
easement and payment f(lr the ~mporary construction easement at the expiration of the construction c(mtracl..
3_ This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set uut the whole of their agreement. the performance of which cOllSlitutes lhe entire consideration for
the granting of said casement 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_ 'rhe lerm of the temporary easement Khall expire when the construction contract terminares.
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 authorizod to execute this dOCUmenlllnd forever bind lhem~elves. lheir successors
and assigns llnd !he subject properly to the terms set forth herein.
IN WITNESS WHEREOF., the parties have executed this contract the day and year first ~bnve written.
CITY OF MERIDIAN
Date:
'\
By
Tammy de Weerd" Mayor
Date:
^TTEST:
William J3erg, Jr., City Clerk
Date approved by Council:
5/2/2005
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Jql, 8. 2005 12:43PM
No.0023 p. 5
December 8, 2004
J~U-B ENGINEERS, Inc.
ENGINEERS · SURVEYORS · PLANNERS
250 South Beechwood Avenue. Suite 201
Boise, Idaho 83709-0944
208-37&-7330
FAX: 206.323.Q33tl
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Edward Mr;:Nelis
Falcon Creek, LLC
621 North Robinson Road
Nampa, 10 83687
Dear Mr.. McNelis:
On behalf of the City of Meridian, we extend our appreciation for your willingness to work with the City in the
implementation of the Black Cat Sewer project_ The project will result in providing important infrastructure to
accommodate present and future service needs,
OThiS easement acquisition process has been an open and cooperative process that start@dwiththeCityCouncil
dopting a formal Easement Acquisition Policy. We invite your comments on the process used so we can continually
'mprove in providing services to this community.
Enclosed with this letter you will find your copy of the AppraIsal Report completed by Idaho Land and Appraisal; the
contract whIch outlines our proposed agreement; and a copy of the easement document which will be recorded. The
contract does refer back to the Easement Acquisition Policy with regard to your desired form of "Just Compensation".
~em 201 the Contract. Payment received in this transaction is considered taxable income. After conferring with
your tax advisor, you may find that a donation is your desired choice.
The City is planning to move forward with the construction, preferably this winter. To meet this schedule, we would
like to finalize the easement as soon as possible. We will be contacting you two weeks from the date of this letter to
continue the easement finalization. The next steps to this end are:
fJ
.
You appro've the Contract as indicated by your signature"
The Contract then must be agreed to by the City Council and Mayor (Indicated by the Mayor's signature)..
The signed Contract will then be returned to you for your records, and you will sign the Sanitary Sewer
Easement document with a notarized signature. (Our consultant will arrange at your convenience.)
Within four weeks of the document recordIng, you will receive paym~mt or donation documentation for your
Permanent Easement.
You will receive payment or donation documentation for the Temporary Construction Easement at the
expiration of the Construction Contract..
.
.
.
y
.
If you have any questions concerning this process, please contact me or Candy Miller at 376-7330.. Once again, thank
you for your efforts in bringing this sanitary sewer project to completion..
Respectfully,
NGINEERS,lnc.. 1/ · It
Ph Up H. Krt ~.~ '
Project Manager
PHK:.lhc
cc:. Brad Watson, P.E., City of Meridian
Clint DOlsby, P. E" City of Meridian
Enclosures:, Appraisal
Idaho Code, Title 7,Chapter 7 (11A)
City of Meridian Sewer and Water Line Easement Acquisition Policy
Permanent and Temporary Easement Contract
Sanitary Easement Document and Exhibits
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" ,Ju\. 8.2005 12:44PM
No.0023 p- 10
EXHIBIT A
~ANIT ARY SEWER EASEMENT
THIS INDENTURE, effective this _ day of I 2004, by the undersigned Edward
McNelis, Member of Falcon Creek, LLC, a limited liability company which maintains a
mailing address at 621 North Robinson Road, Nampa, Idaho 83687, hereafter referred to
as "GRANTOR", for the benefit ofthe City of Meridian, a municipal corporation ofthe 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 right-at-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 C ITV;
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 line over and across the following described property:.
(SEE ATTACHED LEGAL ,DESCRIPTIONS)
The oermanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line 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 line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates at which time
payment for the temporary construction easement will be sent by certified mail to
the GRANTOR by the CITY..
SANITARY SEWER EASEMENT, Page 1 of 3
Jul. 8. 2005 12:45PM
No.0023 p, I I
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 CIIY will not be
responsible far repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
THE GRANTOR does 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 does hereby covenant with the CITY that they are lawfully seized
and possessed of the aforementioned and described tract of land. and that they
haves 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.
SANITARY SEWER EASEMENT, Page 2 of 3
, .Jul. 8. 2005 12:45PM
No.0023 p. 12
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the
day and year first hereinabove written,
...
(Notarize)
STATE OF IDAHO)
) S8
County of Ada } . #'
ON THIS L day of , in the year t3b4~
before me, a Notary Public State. personally appeared
Cdw A y,l- J.1c., I.k./I r n to me to be a member ofthe limited
liability company that executed the instrument or the person who executed the
instrument on behalf of said limited liability company and acknowledged to me that
such limited liability company execute e same.
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My Commission Expires
BENEFICIARY:. CITY OF MERIDIAN
By
Tammy de Weerd. Mayor
ATTEST:
William Berg, Jr" City Clerk
Date approved by Council:
SANITARY SEWER EASEMENT, Page 3 of3
Jul. 8. 2005 12:45PM
,
No.0023 p. 13
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Engineers Surveyors PhUlnera
Project: 11873
Grantor: Falcon Creek LLC
Parcel: 15
Date: December 15. 2003
EASEMENT DESCRIPTION
That portion at the Southeast ~ of Section 34, Township" North, Rang,e 1 West, Boise Mendian,
Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
A permanent easement lyinlil within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the
Southerly boundary of s~id section, Nortn 89.07'08" West, 923.68 feet to the No.1 POINT Of
BEGINNING;
thence continuing Westerly along said line, North 89.0708" West, 11..27 feet;
thence North 36.49"49" West, 734.84 feet;
thence North 36'21'36" West, 79..35 feet;
thence North 03"00"54" East, 453.34 feet;
thence South 86 '15'2)" East, 15..00 feet;
thence South 03.00"54" West, 447.. 78 feet;
thence South 36.21'36" East, 815.61 feet to the POIN, Of BEGINNING,
Containing 0.384 acres (16,745 square feet), more or less"
TOGETHER WITH:
A temporary easement lying within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the
SoutherlY boundary of said section, North 89.07'08" West, 885..99 feet to the No.2 POINT OF
BEGINNING;
thence continuing WesterLy along said line, North 89" 07'08" West, 37.,68 feet;
thence North 36.21'36" West, 815..61 feet;
thence North 03' 00'54" East, 447" 78 feet;
thence South 86"15'23~ East, 66.,82 feet;
thence South 02.45'07' West, 20,,00 feet;
thence North 86.15'23" West, 36..91 feet;
thence South 03"00'54" West, 416..66 feet;
thence South 36"21"36" East, 827.68 feet to the POINT OF BEGINNING..
*
Jul. 8.2005 12:45PM
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("J-U-B}
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Ei\gin(?~rs Surveyors Planners
No.0023 p, 14
Easement Oescription
December 15, 200]
Page 2
Containing 0.887 acres (J8,656 square feet), more or less..
ALSO:
A temporary easement lying within the following described line:
Commencing at the Southeast corner of Section 34, marked by a brass cap; thence North 51'41"41"
West, 1,807..63 feet to the No. ) POIt'n OF BEGINNING;
thence South 03"00'54" West, 20,00 feet;
thence North 86.15'23" West, 42.10 feet;
thence North 02' 45'Or East, 20.00 feet;
thence South 86.15'23" East, 42.19 feet to the POINT OF BEGINNING..
Containing 0.019 acres (843 square feet), more or less.
END OF DESCRIPTION
Prepared by:
J-U-8 ENGINEERS. Inc.
Ronald M:. Hodge, P.LS,
RMH / mrc: lhc
F :\Proj~tMallllgers\PHK\ 11873- Blac.k (at\ 1187J.Sur\~riptions;\P ARCEl 1) (penn), doc
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SANITARY SEWER--t
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FIVE MILE DRAIN
LINE
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L.2
L3
L4
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L6
L7
LINE TABLE
LENGTH
66.82'
20.00'
36.9"
20.QO'
42.10'
20.00'
42.1 '
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LEGEND
---
-- ---- PROPERTY UNE
PER~ANENT EASE:MENT
'TEMPORARY CONSTRUC110N
EASEMENT
EXISllNG RIGHT OF WAY
- ~ CENTER UNE
SEC110N LINE N
BRASS CAP ..
R/W
s
JL
1["'
,~
R/W
~9'07.06rs~ 88 ,99'
N89"07'08'"W 37.68'
N89"07.0a"W 923,66'
NO.1 POINT OF
. BEGINNING
2
N89'07'oa"W
11..27'
r11l-8 ..
----
CITY OF MERIDIAN
BLACK CAT SEWER PR
FAI ('.l)N CRl=l=k If r:
OF
Eel
SHIOET
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