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Permanent and Temporary Easement Contract with Janicek Properties, LLC for Black Cat Sewer Ph 2 City of Meridian Public Works Dept. Memo RECEIVED MAY 'j 8 2006 To: William Berg, Jr.; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 5/18/2006 Re: Proposed Agenda Item for May 23, 2006 City Council Meeting City of Meridian City Clerk Office ~ The Public Works Department respectfully requests the following items be placed on the May 23 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and T emporarv Easement Contract for the Black Cat Phase 2 Sewer Proiect. A modification to the permanent and temporary easement contract for Janicek Properties LLC that was approved by City Council on July 27,2004 has been signed by Janicek Properties LLC for the construction of the sanitary sewer on their property south of Franklin Road and west of Ten Mile Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the modified permanent and temporary easement contract for the construction of the Black Cat Phase 2 Sewer on the property south of Franklin Road and west of Ten Mile Road for the landowner Janicek Properties LLC and authorize the Mayor to sign it. 2. Siosolids Improvement Proiect Review. Jim Cox has agreed to a professional services contract for the review of the Biosolids Improvement Project. The work will be completed for $4,500. This is an extension of Section III of the purchasing policy for the City of Meridian that was approved by City Council on the 18th of April, 2006. This project provides professional services for the review of the Biosolids Improvement Project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the professional services to review the Biosolids Improvement Project with Jim Cox for $4,500 and authorize the Mayor to sign it. . Page 1 Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 I ~~~ f" City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT ," Project # and Description: #11873 Black Cat Sewer Project Parcel # and ~r: S121~p1760 Janitek Properties LLC Date of Offer: ~~ 9, ,(007 THIS RIGHT-Of-WAY CONTRACT, made this day of 2004, between the City of Meridian, acting by its Mayor arid Council, herein called "CITY" and Janicek Properties LLC, herein called "GRANTOR". WHEREAS, subject to the tenns outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: I. A. CITY shall pay GRANTOR and the lien holder, ifany, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA (Ft2) 48,346 124,918 GROSS VALUE ($lFt2) $1.74 $1.74 V ALUA nON FACTOR 50% 10%x50% EASEMENT VALUE ($) $42,000 $11,000 Permanent Easement Temporary Easement TOTAL EASEMENT CASH SETTLEMENT AMOUNT $53.000 B. The CITY further agrees to ensure that the rocky material removed from the construction excavation will be kept separate from the soil outside the easement area and be replaced back to its removal area. Additionally, the CITY agrees to provide the GRANTOR with two appropriately sized block-outs (10 to 12 inches) strategically placed along the main line with accompanying manholes. 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 pennanent and temporary easements as determined by a certified real estate appraiser: ~ash Payment* in the amoWlt of fc!5" -3, t!J()(} o Donation value of the easement *Grantor will receive payment for the pennanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 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 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. 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. IN WITNESS WHEREOF, the parties have executed this contract the day and year frrst above written. CITY OF MERIDIAN ATTEST: William Berg, Jr., City Clerk G~~ ~~ By Tammy de Weerd, Mayor Date: Date approved by Council: . ,- -....-.----.-------..-----.--..---. -....,--- 4/16/2004 EXHIBIT A I" . , , SANITARY SEWER EASEMENT THIS INDENTURE, effective this qlJJday oUll.li1.e .-, 2004, by the undersigned Brad Janicek, who maintains a mailing address of 4325 West Chinden, Meridian, 10 83642 and LouAnn Janicek, who maintains a mailing address of 1284 South Gosling, Eagle, 10 83616, hereafter referred to as "GRANTORS" 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 Grantors desire 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 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 Grantors, and other good and valuable consideration, the Grantors do 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 A IT ACHED 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 ofthe CITY, with the free right of access to such facilities at any and all times. The temoorarv 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. 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 withIr:!J~e~.~ft3C1cJesc(ibedj~---------. . --------------------- SANt-TARY-SEWER- EASEMENT,Psge 1 . of 3' ------,- ----- - ------------ --- . ; , , ...r ,. this easement. THE GRANTORS 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 GRANTORS do hereby covenant with the CITY 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. --- -------------- SANfTARYSEWER EASEMENT-.- Page- 20f :r-----u ------------ IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ,.,.......... ~...., W .." ~.. C i.. . 1tL. .... ,:. ~t"..,,~.Jo #. .: ~ .1 <:..--^ ~ .. -..;;,;-. ~~--:. i J / ~01'A.)> ,'r : . . . . : : ..... . 1; : STAT~~F\oA~~~C, c ~,~ ~... ,p '.1 ..~ :.. .....:1;.... :'V." County o(~.:e 01 \~........ ........... ONTHIS '1~dayof ~ ,in eye 0 Public in and for said Sta e, personally appeared and known to me to be the manag or a member of the 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~ s~;. , I'" ",,t/,. .... .......;~~.;;;:, c.~V ~ ~?..ez.t/'NOTARYPUBLICFORIDAHO ,..""f-+j......... ",,~#,~ y Commission Expires on ~p tr' i vr ~OT-4 ~\ i .. ~ _...JI}- ~ \ GRANTOR : ~ ..: '\ ~ l!SL\G I \~ . I iII!..d '. 0 !Ii .,,'~~~ ..... ~ ~ ~~.mtJe~HO) ) ss County of Ada ) ON THIS J!l!!!.. day of (]~~ ' in t e year 0 Public in and for said S~ personally appeare and known to me to be the manager r a member of the 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 executed )Pe;same. ~.;/.. ~/-: L~)!f), ~~ NOTARY PUBLIC FOR IDAHO Commission Expires on p /1fj!tt78'" .,j.; GRANTOR ember, Janicek Properties LLC ek, Member, Janicek Properties LLC BENEFICIARY: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: -- ---- - - _._.-._.__.-..__....-----~--- -- .....__...uu_u-SANfFARY SEWER EASEMENfJ5age 3 of 3 ,~{ -" ~ ~d.U.B.A ~ Engineers Surveyors Planners .' Project: 11873 Grantor: Janicek Properties LLC Parcel: 3 Date: December 15, 2003 EASEMENT DESCRIPTION That portion of the South Yz of the Northeast 1,4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: A permanent easement lying 12.00 feet to the right and 20.00 feet to the left of the following described line: Commencing at the North 1,4 comer of Section 15, marked bya brass cap; thence along the Westerly boundary of the Northeast 1,4 of said section, South 00.20'36" West, 1,337.89 feet to the POINT OF BEGINNfNG; thence South 27"02'04" East, 212.59 feet; thence South 61.30'16" East, 400.00 feet; thence South 61 "15'08" East, 400.00 feet; thence South 60" 56'07" East, 400.00 feet; thence South 61 "26'45" East, 400.00 feet; thence South 60" 55'36" East, 400.00 feet; thence South 60.31'50;; East, 270.00 feet; thence South 61"54'41" East, 135..59 feet to the POINT OF TERMINU,S. The sidelines of this easement are to be lengthened or shortened to the pan:el boundaries to form a dosed figure.' Containing 1.926 acres (83,889 square feet), more or less. TOGETHER WITH: A temporary easement 50.00 feet in width lying Southwesterly from and contiguously with the Southwesterly limits of the above-described permanent easement. Containing 2.867 acres (124,918 square feet), more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/mrc:lhc F:\ProjectManagers\PHK\ 11873-Black Cat\ 11873-Sur\Descriptions\ESMn.doc * ,. City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT , Project # and Description: #11873 Black Cat Sewer Project Parcel # and O~r: S121~p1760 Janicek Properties LLC Date of Offer: ,,~ 9,,(007 THIS RIGHT-OF-WAY CONTRACT, made this day of 2004, between the City of Meridian, acting by its Mayor arid Council, herein called "CITY" and Janicek Properties LLC, herein called "GRANTOR". WHEREAS, subject to the tenns outlined below, GRANTOR agrees to deliver to the CITY a Pennanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, ifany, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA (FtZ) 48,346 124,918 GROSS VALUE ($/FtZ) $1.74 $1.74 V ALUA nON FACTOR 50% 10%x50% EASEMENT VALUE ($) $42,000 $11,000 Permanent Easement Temporary Easement TOTAL EASEMENT CASH SETTLEMENT AMOUNT $53.000 B. The CITY further agrees to ensure that the rocky material removed from the construction excavation will be kept separate from the soil outside the easement area and be replaced back to its removal area. Additionally, the CITY agrees to provide the GRANTOR with two appropriately sized block-outs (10 to 12 inches) strategically placed along the main line with accompanying manholes. 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 pennanent and temporary easements as determined by a certified real estate appraiser: ~ash Payment. in the amount of -tt5'.:3, f!)()() o Donation value ofthe easement *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract 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 perfonnance 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. 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. IN WITNESS WHEREOF, the parties have executed this contract the day and year fIrst above written. CITY OF MERIDIAN ATTEST: William Berg, Jr., City Clerk G~~ ~~ By Tammy de Weerd, Mayor Date: Date approved by Council: 4/16/2004 ,~< EXHIBIT A '" , SANITARY SEWER EASEMENT THIS INDENTURE, effective this qt!/day oWcLlII.€-... 2004, by the undersigned Brad Janicek, who maintains a mailing address of 4325 West Chinden, Meridian, 1083642 and LouAnn Janicek, who maintains a mailing address of 1284 South Gosling, Eagle, 10 83616, hereafter referred to as .'GRANTORS" 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 Grantors desire 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 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 Grantors, and other good and valuable consideration, the Grantors do 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 A rr ACHED LEGAL DESCRIPTIONS) The permanent 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. TO HAVE AND TO HOLD I the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT 15 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 t~~__~J~~--qeScribedjD--------------- ______"_"_____"_____ SANlT ARY SEWER EASEMENT ,p-agelof3"------------"--------- --------------------- - t \ ..r , this easement. THE GRANTORS 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 GRANTORS do hereby covenant with the CITY 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. SANITARY SEWER EASEMENT;Page-Z-of 3-"---- IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. , ............ ...", W .#, .......... c'eo . All "" ... ^~ ..~< " ~ ~v .' , .:'...-;' ~-:. ! ti l ~01A.,. \~ ~ .. : . . : : ....~ . ~ : STAT~~F\IDAM~~c, ~ .~ 0:., .p .... ..'\.:: -Z' "'.f'1:p .... ~~ .... County of'~.8 01 \'0..',,...... ............' ONTIlIS~dayof ~ ,in eye 0 Public in and for said Sta e, personally appeared and known to me to be the manag or a member of the 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~ same. I ... A~. ..... .......:~~..;:, C~.v a2 ~~NOTARY PUBLIC FOR IDAHO I~~}''''''.'~''''~ '\ y Commission Expires on ,,ijp 1)' I V{ ~OT..t ~, I i * ~ _._It}-> ... GRANTOR ;. "lJBL~C. '*; " f/l'!>,. ~ 1o.-r- l' ~, .., )'>;...... ~o ,..:- ~~.~~~HO) ) ss County of Ada ) ON THIS .L!l!!! day of () (~ .-/ , in t e year 0 Public in and for said St~ personally appeare and known to me to be the manager r a member of the 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 executed ~same. fl/., ;/-: L~ tf), r.iuL{) NOTARY PUBLIC FOR IDAHO Commission Expires on pl/jltp~ l. I . ::to ;.- GRANTOR ember, Janicek Properties lLC ek, Member, Janicek Properties LLC BENEFICIARY: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: ___...._..__u_ u SANITARY SEWEREASEMENf,Page 3 of 3 ;.1._ .~ [- ------ r~.U.B ~ ~ Engineers Surveyors Planners Project: 11873 Grantor: Janicek Properties LLC Parcel: 3 Date: December 15, Z003 EASEMENT DESCRIPTION That portion of the South Y2 of the Northeast !4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: A permanent easement lying 1Z.oo feet to the right and ZO.oo feet to the left of the following described line: Commencing at the North !4 corner of Section 15, marked by a brass cap; thence along the Westerly boundary of the Northeast!4 of said section, South 00.ZO'36P West, 1,337.89 feet to the POINT OF BEGINNING; thence South 27.02'04P East, Z12.59 feet; thence South 61. 30'16P East, 400.00 feet; thence South 61 " 15'08P East, 400.00 feet; thence South 60. 56'OT East, 400.00 feet; thence South 61 "26'45" East, 400.00 feet; thence South 60' 55'36" East, 400.00 feet; thence South 60.31'50'; East, Z70~00 feet; thence South 61'54'41" East, 135.59 feet to the POINT OF TERMINUS. The sidelines of this easement are to be lengthened or shortened to the pan::el boundaries to form a closed figure. Containing 1.926 acres (83,889 square feet), more or less. - TOGETHER WITH: A temporary easement 50.00 feet in width lying Southwesterly from and contiguously with the Southwesterly limits of the above-described permanent easement. Containing 2.867 acres (124,918 square feet), more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. _u_ u_ _________RMHI mrc:.lhc._ ___ _ ________ ___u__ un__ F:\ProjectManagers\PHK\ 11873-Black Cat\ 11873.Sur\Descriptions\ESMn.doc * ....-" \ , \ \ , , \ , , \ \ I \ , \ \ , , -1 \ \ \ , I \ \ I \ , ----~ - - "2. -+ ~. , \ ~ \ 0' 0::' Z \ ~, 'it ~ \ -""