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 $4,500 and authorize the
Mayor to sign it.
. Page 1
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
I ~~~
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City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
,"
Project # and Description: #11873 Black Cat Sewer Project
Parcel # and ~r: S121~p1760 Janitek Properties LLC
Date of Offer: ~~ 9, ,(007
THIS RIGHT-Of-WAY CONTRACT, made this day of 2004, between the City of Meridian,
acting by its Mayor arid Council, herein called "CITY" and Janicek Properties LLC, herein called "GRANTOR".
WHEREAS, subject to the tenns outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
I. A. CITY shall pay GRANTOR and the lien holder, ifany, such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION
AREA
(Ft2)
48,346
124,918
GROSS VALUE
($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' ------,- ----- - ------------ ---
. ;
, ,
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,.
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.
,.,..........
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County o(~.:e 01 \~........
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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'
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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'"
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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
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~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.
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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. '*;
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~~.~~~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
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