Permanent and Temporary Easement Contract with Palmer, Oliver and Barbara for McMillan Water ExtensionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 08!17106 01:17 PM
DEPUTY Paiti Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III
RECORDED-REQUEST OF 10613?4~1
City of Meridian
This sheet has been added to the document to
accommodate recording information.
Permanent and Temporary Easement Contract
Parcel 81608650180, Oliver and Barbara Palmer
Approved by the Meridian City Council on August 31,
2004.
R.r
i+S'Y
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: McMillan Water Extension
Parcel # and Owner: 81608650180 Oliver and Barbara Palmer
Date of Offer: 8-17-04
THIS RIGHT-OF-WAY CONTRACT, was made this ~ ~"' day of SEPTffi'f1l~,E'~. , 2004, between the City
of Meridian, acting by it Mayor and Council, herein Called "CITY" and yG 1 u Lot 9 b1a26/F~ZA Pp GInG2 herein
called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Potable water
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, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIBED AREA GROSS VALUE VALUATION VALUE ($)
(Ft2) ($/Ftz) FACTOR
Permanent Easement 2,100 $1.19 $2,500
Surface Restoration 2,100 $0.357 $ 750
Fencing & Gate Repair 100 LF N/A $1,250
Landscaping & Irrig. 2,100 $0.714 $1,500
Temporary Easement 0 0 0 $ 0
TOTAL EASEMENT CA SH SETTLEMENT AMOUNT $ $6.000
B. The CITY further agrees to provide GRANTOR with astub-out from a main line located approximately V within O
the ermanent easement .Plus any other provisions that have been agreed to. -nn E~f~Ersbw~ `=~
carv~np.~Ta~.. ~a erL~1-fL gl~lz~fr~ P~2ryArv~ ~.~`
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 permanent and temporary easement as determined by a certified real estate appraiser:
Ild~ Cash Payment* in the amount of ~l X ?/~UNS/Yr/.D O~DLL/M~S 6 OaO.Ov
^ Donation value of the 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. The 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 potable water line.
4. The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose name 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.
104049/5/04-482 dlc
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDI GRANTORS
By:
Tammy de Weer \``,``~~~t~tu~~~~N,~~`/r'+
Date: . Q s` ~ ~ ~,~f ~ ~~~
ATTEST• I~te:
William Berg, Jr., City Clerk s ~~AL =
c~l3~I~~ r
Date approve by Council: ~ ,~c~ e
~'',+~4,9 r 1ST ' P,~``.`~.
C~ fN'~`l +l~
,ff,'~f~~l/fftAit 111f141~t~~~`~``~
104049/5/04-482 dlc
,~
POTABLE WATER EASEMENT
EXHIBIT A
THIS INDENTURE, effective this ~ day of .SE/~'/~BE~ , 2004, by the
undersigned Oliver and Barbara Palmer ,who maintains a mailing address of 1515 E.
McMillan Road Meridian , ID 83642 ,hereafter referred to as
"GRANTOR" 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, Meridian, Idaho 83642, hereafter referred to
as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a potable water right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the potable water 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 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 potable water line over and across
the following described property:
(SEE ATTACHED LEGAL DESCRIPTIONS)
The permanent easement hereby granted is for the purpose of construction and
operation of a potable water 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 potable
water 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 with a 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the
parties hereto, that the CITY, is constructing and in making future repairs,
will expediently replace and restore the premises to the condition
comparable to that existent prior to undertaking such construction, repairs
and replacements. 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.
POTABLE WATER EASEMENT, Page 1 of 2
104049/5/04-481 dlc
EXHIBIT A
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be
placed any permanent structures, large trees or brush within the areas described for this
easement, which would interfere with the use of said easement, for the purposes stated
herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and
processed of the aforementioned and described tract of land, and that he has a good
lawful right of convey said easement, and that he will warrant and forever defend the title
and quite possession thereof against the lawful claims of all person whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day
and year first hereinabove written.
L /CJ,c~-~1_ ~
G r (I /~12-vn.e-v
STATE OF IDAHO )
ss
County of Ada )
On this~~ day of , 2004, before me rt~~ra Ila-~kvra~,
personally appeareda~~`^P~•'?csrna.r' ~ran+aln,~-, provided to me on the basis of satisfact ry
evidence to be the persons whose names is subscribed to the within instrument, and
acknowledged that they execute the same.
NOTAF~Y PNJB
My commission
Beneficiary: CITY OF MERIDIAN ``````~~,,-~~+~~~~u,,,~~~~~''
~r ~.
By: ~ _ FO
Tammy rd, Mayor
__ SLAL =
ATTEST: ~ ~ ~ ~ `~
William Berg, Jr., City C rk = y ~'us '``~
Date approve by Council: ~g'3tl2oo~l,~f''~~c(~lJf~TT`( •~P`~~\\
~~~ ~ .. ~ „ ;3{!fit
* : ~•~
~.~ pUBLt~'
.,~~.,,TE OF I,~q.,~~~
POTABLE WATER EASEMENT, Page 2 of 2 104049/5/04-481 dlc
. ` `~"
LEGAL DESCRIPTION FOR PERMANENT WATER EASEMENT
PARCEL #8160865180
OWNED BY BARBARA AND OLIVER PALMER
This permanent water line easement is situated within the NE '/ of Section 31, Township
4 N, Range 1 E, Boise Meridian, Ada County, State of Idaho. Being a 42 foot by 50 foot
parcel 33 feet right (south) of the centerline of McMillan Road and more particularly
described as follows:
Commencing at the NE corner of said Section 31, thence N 89°44'31"W, a
distance of 590.36' to a point on the northerly line of Section 31; thence
S00°15'29"W a distance of 33 feet to a point on the south right-of--way of
McMillan Road and the NW corner of said parcel, said point being the POINT
OF BEGINNING.
Thence S 89°44'31" E a distance of 42 feet along the South right-of--way of
McMillan Road to a point;
Thence S 00°51' 19" W a distance of 50 feet to a point;
Thence N 89°44'31 "W a distance of 42 feet to a point;
Thence N 00°51' 19"E a distance of 50 feet along the West property line of said
parcel to a point, said point being the POINT OF BEGINNING.
T`he easement described contains 0.05 acres more or less.
See: Exhibit "A"
Basis of Bearing N 89°44'31 "W from NE Corner of Sec. 31 to N. '/ Corner of Sec. 31
G~
'~~ o~ ~~~
~~R.r~
o~
.„ ~ °
0
Z~
IL~LNON /`~ v W
W
pqpq
~0,
pN M ~~
M ~
~no~o lsn~o~ ~~~
°' ~
-J NIO
C r~ O I O
~ 01 N
~ ~ Z
N
Z m
~a ~ ~
w ~
o '~
o~= ~,
~_ z - o Z ~
~ •~' ~
o _
o ~
~zo ~ I w a ~ co
°~a ~ o w ~ , o
z n- M M ~ ~, ~ ~ O co
o= ~~ o I Li.l z w
~ z Z ~ QQ o O ~
0p `` wo J ~ o
f- J ~ ° -+-, O a~ ~
Q ~ ~ i .o
U ~ ~ ~
o'os m
W M„sL,LS.o
M _ ~_ ~ ;~
d, 0 M O
~ O }~
~~ ~VN ~ W
~ ~
N ~ ti
.O
3„6 ,LS.OON
-,N~ o
M
Mo M ,00'££
U
N
.
L
O
U
Z FlGURE N0.
Z
Meridian City Council Special Meeting
August 31, 2004
Page 2 of 14
Bird: Don't he get a pin?
Item 4: Adoption of the Agenda:
De Weerd: Usually at this time I present you with a pin, but I think you have one.
Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we accept the agenda as published.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the agenda as published.
All those in favor say aye. All ayes. Motion carried:
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of July 13, 2004 City Council Special Budget
Workshop Meeting:
B. Approve Minutes of August 17, 2004 City Council Regular
Meeting:
C. Approve Idaho Community Development Block Grant Contract
with the State of Idaho Department of Commerce and Labor for
electrical infrastructure to allow for the expansion of Louisiana
Pacific (ICDBG-04-III-26-ED):
D. Permanent and Temporary Easement Contract for the 2004
McMillan Water Extension Project:
De Weerd: Item 5 is the Consent Agenda. Mr. Bird.
Bird: My train of thought got moved off. I move that we approve the Consent Agenda
and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda. Is there
any discussion? Mr. Clerk, will you call roll?
Meridian City Council Special Meeting
August 31, 2004
Page 3 of 14
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Report:
A. Police Department -Chief Musser.
1. Award Presentation for Organized Crime Drug
Enforcement Task Force for Sgt. Tracy Basterrechea:
De Weerd: Thank you. Item 6. Chief, we have you down as a department report.
Musser: Madam Mayor, Members of the Council, the reason I asked to be on the
agenda for this evening is I do have an award that's been a little bit in coming for
Sergeant Tracy Basterrechea with the Meridian Police Department. This award was
one that he wasn't able to go down and pick up in April of this year due to his duties
and, in the meantime, when I attended an organized crime and drug enforcement task
force meeting in Boise last month, the award was turned over to me at that time by the
United States attorney for the state of Idaho Tom Moss and one of his assistant
attorneys Monte Stiles. So, in recognition for Tracy's efforts and his outstanding
performance and attention to his investigations that we were working at the time,
would like to take this opportunity to provide him with that recognition. In particular, the
award that he is being presented does come from the organized crime task force drug
enforcement -- excuse me. Let me try that one more time. The Organized Crime Drug
Enforcement Task Force or OCDETF and this was from the Pacific Region Conference
for 2004 and it specifically is for Operation Spiderman. That has a very good little name
here on it, but Operation Spiderman basically was oriented to looking at a group of
traffickers bringing MDMA, cocaine, and up to 50 pounds of methamphetamine per
week into the district of Idaho from California, Arizona, and from overseas. The
investigation led to an indictment of 31 people on distribution charges. However, it also
developed leads linking the organization to no less than two more major trafficking
organizations operating in the Boise area. The take down on one of these groups
yielded 43 pounds of pure methamphetamine, two pounds of crystal methamphetamine
and ten federal arrests related to such. The take down on the second group resulted in
the arrest of six more individuals on methamphetamine traffic charges and a seizure of
another ten pounds of meth. To date 32 defendants have been convicted of drug
charges and have entered guilty pleas on it. Considering Tracy's efforts in this, he
spent a good amount of time working with DEA, along with the task force to which he
was assigned in working, basically, what was a tri-state and, then, expanded out to an
international trafficking investigation. His efforts were very key in what they were able to
do, in particular with his ability to handle language translation and his ability to just pay
attention to detail as they moved through on this and, as such, that's why he was being
recognized by the U.S. Attorney's Office and the United States Department of Justice
RECEIVED
AUG 2 3 2006
City Of IVreridian
City Clerk OfficF
Memo
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer ~f~
CC: File
Date: 8/18/06
Re: Permanent and Temporary Easement Contract with Oliver and Barbara Palmer
Attached is the original above referenced document for your files.
• Page 1