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Permanent Easement Contract with Powers, Lyle H. for Sewer Line Powers ResidenceCity of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Sewer Main Extension at Powers Residence Parcel # and Owner: Lyle H. Powers Date of Offer: March 28.2008 THIS RIGHT-OF-WAY CONTRACT, made this ~ `1T day oft 2008, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Lyle H. Powers. herein called "GRANTOR". WHEREAS, subject to the teens outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer and Potable Water Easement included herewith as Exhibits "A" and "B": NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (acres) ($/Fi2) FACTOR ($) Permanent Easement 0.13 $3.3b 50% $10,076.85 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $10.076.85 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: Cash Payment* in the amount of ^ Donation value of the easement $10.076.85 $10,076.85 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 above. 3. GRANTOR also agrees to provide the City with a 0.21 acre temporary construction easement adjacent to the permanent easement for the purpose of constructing the proposed sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. 4. 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 and potable water line. 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 WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN ~ ~'• .~' ,r ~G ~~.~X '~";'=: °-ice: ~~r~.., • ' By: ~~ ~~- Tammy de Weerd ~ ayor '~ ~~` GREINTORS ATTEST: - ~sp'.9 a ~ y; _ ~`~ i^ f Jaycee lman, City Clerk ~~ ~~~~ ~~ Date approved by Council: Q' U~~ ~~~~~`~~'"'~ ~q~~'Y Y' -'-'.--'~'Cr-4`~ °bate: L•'~ 1~'~ A2 Ff ~`Y~ c4~'i M:1080i5\W~Ies\Co~tlrattPowers.doc Page t of I EXHIBIT A SEWER AND WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for sewer and water main line purposes located in the SW'/a of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at the northeasterly comer of said SW '/4 from which the northwesterly corner of said SW '/4 bears N 89°59'00" W a distance of 2651.54 feet; Thence S 0°22'55" W along the easterly boundary of said SW'/4 a distance of 282.20 feet to the northeasterly comer of said Lot 15 and the POINT OF BEGINNING; Thence leaving said easterly boundary N 89°37'05" W along the northerly boundary of said Lot 15 a distance of 190.01 feet to the northwest corner of said Lot 15; Thence leaving said northerly boundary S 0°22'55" W along the westerly boundary of said Lot 15 a distance of 30.00 feet to a point; Thence leaving said westerly boundary S 89°37'05" E a distance of 190.01 feet to a point on the easterly boundary of said SW '/o; Thence N 0°22'55" E along the easterly boundary of said SW %4 a distance of 30.00 feet to the POINT OF BEGINNING; This easement contains 0.13 acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS ,~,~,..,: Civil Survey Consultants, Inc. _~ ti March 27, 2008 ~°~ ~ X0$1 a ~~ ~,,31a1/o~~ ~. O O N ,i~S~lS9Z M „00,65.68 N 0 o_ -° V o° '_ ' w N o ~ ~ ~ ~ V h 1^ ^O O ~ ~ ~ Z N ~~ ~ o W 3n12~4 ~dl~lOd~ '3 ~'' ~ W ~ ~ ~ W ~ ~ ~ ~° ~~ ~ W ~ ~~° > ~ o ~~ a~° ~ ~ ~~ ~~~ ~ U ~~ ~ ~ ~ ~ VOj~ ~ O n~ ~p ~O ~'Cw ~~ oy ~ ~~ w ;7~ ~O w~ ~~ ~~ ~a ~ ~^ N~ ~ '''Q ~4 ~~; F- ~ O ~ o ue =~ cn ~ -gig ~ q ~ ~ z °- z y ~ o Fa- ~ ~1 > N ~ W ~ ~x ~ v °o ~ vi W ~ om ~ ca ~ o N ~ ~ v ~ ^- o '` m W 0 '~ ~ o N RECEI~ MAR 2 0 2008 Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: 3/27/2008 Re: Proposed Agenda Item for April 2, 2008 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the April 02, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Permanent Easement Contract for the Sewer Main Extension at Powers Residence proiect Attached is a Permanent Easement Contract with Lyle H. Powers for sewer and water main line purposes. The just compensation for the permanent easement is $10,076.85. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Permanent Easement Contract with Lyle H. Powers for sewer an water main line purposes for the Sewer Main Extension at Powers Residence project. Thank you for your consideration. Please contact me if you have any questions. • Page 1