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Permanent and Temporary Easement Contract with DBSI Tanana Valley, LLC for Black Cat Phase 4City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-06-059 Black Cat Sewer Phase 4 Parcel # and Owner: 51130212450 DBSI Tanana Vallev LLC Date of Offer: September 11.2007 THIS RIGHT-0F-WAY CONTRACT, made this day of September 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and DBSI Tanana Valley LLC, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Temporary Construction Easement and Permanent Sanitary Sewer Easement included herewith as Exlnbit A and Exhibit B, respectively. NOW THEREFORE, the porkies hereto agree as follows: 1. A. CITY shall pay GRANTOR such sums of money and/or benefits as aze set out below. Note that gross valuation basis was obtained from Grantor's appraisal. ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Fta) FACTOR ($) Permanent Easement 992 $10.00 50% $ 4,960.00 Temporary Easement 37,418 $0.00 10% $0.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $4960.00 A. The CITY shall delineate the temporary construction easement area with cones, barricades or stakes and nbbon and such delineation shall be maintained through completion of construction. All construction activity shall occur within the temporary construction easement area unless the City's Contractor has secured separate approval from B. The CITY agrees to maintain irrigation delivery and other utilities during construction. Any damage to said irrigation system or utilities as a result of the sewer line construction will be expediently replaced or restored by the CITY at its sole expense, to a condition comparable to that existent prior to undertaking the construction. 2. The Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser. ^ Cash Payment* in the amount of X Donation value of the casement $0.00 $ 4960.00 *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 lE above. 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 alI 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 parties whose names appeaz below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. Page 1 oft ~~eoiaefileatYonnua~rrojeaManagvau'FIIC11o-o6-os9 stack cac rtialF~am~s~RasteralKavtaa easaneoc.aoa IN WITNESS WEREOF, the parties have executed this contract the day and yeaz first above written. CITY OF ME/RID' IAN sy: Tammy de Wee yor GRANTOR DBSI Tanana. Vall C By: {y{!!!l111111,, ~~ ATTES ~ ~ ~~-~ T~ ~' William Berg, Jr., City Clerk - .~.~ _ /~j a ~ Date approved by Council: y ~~~~ Z3. ~7 ~ ,~ 'r ~~ `~ °~ ~ Page 2 oft 1tHoisefilas{PublielProjeaMavagma{PHK{IO-06-059 Black Cat PH4~EasammtslKeatcalKeetma ~mtdoe ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 B BOISE IDAHO 11115/07 01:31 PM `` DEPUTY tJsa Irby ~~ ~ ~ ~ ~~ ~I ~~~~ ~ ~~~ ~ ~ ~ ~~ ~ ~~ ~ ~~~~~~ ~~ ~~~ RECORDED-REQUEST OF 1 ~? 1 ~~# 1 t? Meridian Ciiy This sheet has been added to document to accommodate recording information SANITARY SEWER EASEMENT BLACK CAT SEWER PHASE 4 DBSI TANANA VALLEY LLC SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~ day of~~1~l~. , 2007, by the undersigned DBSI Tanana Valley LLC., who maintains a mailing address of 1550 S. Tech Lane. Meridian, ID 83642, hereafter referred #o as "GRANTOR° forthe 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 Grantor desires 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 bythe 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 EXHIBITS A & B} The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer fine, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable 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 upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not intertere with the use of the said easement or the purposes stated herein. Such uses shall include, but note be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 2. 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 $uch 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 the area described in this easement. On this day of , 2007, before me s~~~~~'s..~.~o,~ , personally appeare ~ ~ ~ ,proved to me on the basis of satisfactory evidence to b the person whose names is subscribed to the within instrument, and acknowl~dg~dethat they executed the same. a ~°~ ~ ~IO~'ARY PUBLIC FOR IDAHO m s ° a 0 °e "°UB L1G ssd~'F~Q~9g ~~®~~Y Commission Expires on G' 3. CITY agrees to indemnify and hold harmless the Grantor and subsequent owners of any loss or claim that is directly attributable to the City's utilization of the described permanent sewer easement that is not set forth herein in this easement. THE GRANTOR does hereby covenant with the CITY that it lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. By: STATE OF IDAHO} )~ County of Ada ) SANITARY SEWER EASEMENT, Page 2 of 3 Beneficiary: CITY OF MERIDIAN _,r' ~1J~ ~~~` ~ J~~ ts~;Y~ 9~Q Sjr BY: ~ ~. Tammy de W r ,Mayor = ~- - o .~ ATTEST: R ~ ~ i liam Ber `Jr., City CI s ,,, ~. date approved by Council: Gfo~.er 3 Z SANITARY SEWER EASEMENT, Page 3 of 3 .~ Project 10-06-074 Date: July 24, 2007 EXFiiBIT A PARCEL 1}ESCRfPTfON FOR A PERMANENT EASEMENT > That portion of the Northwest'/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, idaha, and more particularly desrnbed as follows: Commencing at the Northwest comer of Section 30 from which the North ~/ comer of said Section 30 bears North 89'4Y09' East, 2,450.83 feet; tElence South 44'5833" East, 98.31 feet to the Easterly right of way of Kura-Meridian Road the POINT flF BEGINNING; thence along said right-af-way North 00'2321' East, 4.9t feet to the Southerly right-of-way of Victory Road; thence along said right-af-way North 6T' 11'22° East, 52.92 feet; thence South 00°00'00" East 24.30 feet; thence South 90°00'00' West, 58.04 feet to the POINT t?F BEGINNING_ Containing 0.023 acres {9g2 square feetj, more or less. ~-u-n ti+wiPlChJtS, 1710. Gr~ory E. Holkesvig, P.L.S. GEH: the P:1PHK110-0b-Q54 Stack Cat PH~Ea11Q-06-059 Meridian-tlictory Persrt_doc ! I f n ~ r I --G=- -~~- ~ n I `~ a. n ! ~ i n t ~ ~ 1 ~. f I t t ~_ 1 I f ~ ~. L_ ! t ~ ~G-'~. .~.' - °-i-G-----G---- --- --- j P.Q.C. 25 ~S~ ~ ~ W. VICTORY ROAD _~ r .._. - ~. UT ~~-- i ~ tV6Z'L~'2-2~€ ~'"._...~F.'L- UT = _ _~ trt =_ - ~~~ ; i3S-.1 ~ 6292' - - - ^X I ' ~ ~' ~ Q n ~ scio~0o'Oa~E - s - - - - -s - - - -s - ~ 29.30 - -~ c--~--~ P.t~ S. ~ ~ ~ ~ I S90'00'40°W 58.04' s Q Er• I ,~ N00'23'21 °E I ©~ k I ~ 4.91' PARCEL ~ II ~ ~ S1130212450 I W ~= I I ~ E ~ tTD INGRESS~EGRESS EASEMENT ~ Qo ~ ! INST. NO. 8742736 ~ zl I I . 1 ~! I I ~' Y I ~ I . ~ I I IV. ~ ~ LEGEN D `J~ L sECnoN >..tNE - - 1 ~ PERMANENT EASEMENT RIGHT OF WAY - - - - R/w TEMPORARY EASEMENT ~ - SCALE: 1"=54' ~~ EXHBIT A 1 s-~, ~ MERIDIAN ADA GOUt~IlY IQAHO ~ BUtCK GATSEWEfl -PHASE 4 ~ PSH6dANHYF EA3EN}EBfT '( Project:.10-06-074 Date: July 20, 2007 EXHIBIT B PARCf3 DESCRlPTiON FOR A TEMPORARY EASEMENT That portion of the Northwest Y+ of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada Caunty, Idaho, and mare particularly described as follows: Commencing at the Northwest comer of Section 30 from which the North % corner of said Section ~ hear; North 89°4209" East, 2,450.83 feet; thence South 44°58'33" fast, 48.31 feet to the Easterly right-of-vray of Kuna-Meridian Road the POINT bF BEGINNN~tG; thence North 90'OQOD' East, 58.04 feet; thence North 00'00'00' East 29.30 feet to the Southerly right-a€-way of Yctory Road; thence along said Southerly right-of-way the following 3 courses; 1. North 67° 11'22' East, 2.37 feet; 2_ North 85°58'45" East, 89.T1 feet: 3. North 8924'51' East, 51.63 feed thence South 00'44'02' West, 200.00 feet; thence North 89'2543" West, 200.00 feet to the Easterly right-of--way of Meridian-Kona Road; thence along said Easterly right-oF-way North 00'25'50" East, 160.9& feet to the POINT Oi= BEGINNING. Containing 0.859 acres, more or less. Prepared by: J-II-B ENGlNEERSy Inc. Gregory E. Ho[kesvig, P_LS. GEH:Ihc P:1P'liRl1Q-Q6-059 Black Ca# PH4tE~nentsl't~-06-059 h~t~a~-Yictory Temp.doc F G ; I ~ f l ~ - ~` I I ( t n I ~ \I n n ~I I I 1 I ` ~ ~I a I t• [ \~. n ~ ~ 1 t 1N/. VICTORY RQAD I , Z ~ ~ - # ~ c- - ~ c t~-0:t~- w~S9=4~'(~9"f w- -2;45E?:5~~- I P.O.C. NQa'?'QQ'00"E N67'il'22"E N85~$'45' f - - - uT -~ ~~- -I- ~ _. ~~'~r ~~~' ~ ~ I ,. I ~,~ m t Ql ~ - -~`-G--~-i P.¢8. i i zl I ~ . _~ ~, ~ ~ °~ W ~ III I ~ f Wlr j I I } ~ I ~ ~ I ~~ ~ '$ Y ( ! zl . 1 I I ~~ -v---- ----~-• :4'51 ~E , 5- FUTURE SEWER S1 302 2450 V~///, I fD INGRESS\EGRESS EASEMENT ~~ N .8742735 ----_ LEGEN D 0 SECTION UNE - - - J PERMANENT EASEMENT RIGHT OF WAY - - - - R/IN TEMPORARY EASEMENT o ~ SCALE: 1"=5©' ~~ IIDiAAi ADA COUNTY IDAHO 1 BLACK CAT SEWER -PHASE 4 ~ TEMPORARY EASEMENT' '~