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Permanent and Temporary Easement Contract with Wolf, Dwaine and Sharon for North Slough Sewer TrunkAD COUNTY RECORDER J. DAVID BOI E IDANO 01/06/05 02:05 PM DE UTY Bonnie Oberbillig RE ORDED-REQUEST OF Mer dian City Public Works I NAVARRO AMOUNT .00 1050E~~045 This sheet has been added to document to accommodate recording information. City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 103083 -North Slough Sewer Trunk Line Parcel # and Owner: 6C 50425417200 Dwaine and Sharon Wolf Date of Offer: November 17, 2004 THIS RIGHT-OF-WAY CONTRACT, was made this 16 day of November, 2004, between the City of Meridian, acting by it Mayor and Council, herein Called "CITY" and Dwaine and Shaoon Wolf, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A-1", "A-2", and "B-1": 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 aze set out below: ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($) (Ftz) ($/Ftz) FACTOR Permanent Easement 58370.4 0.4986 50% $ 29,145 Temporary Easement 55756.8 0.99$6 TOTAL EASEMENT CASH SETTLEMENT AMOUNT 12% $ 6,682 $ 35,827 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: ^ Cash Payment* in the amount of ,~ Donation value of the easement ~ ~ ~ ~ ~ 7 *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 sanitary sewer 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. 1N WITNES e p i executed this contract the day and yeaz first above written. CI OF MERIDIAN GRANTORS *`~~f~illit! If~~;t BY~ ~f~, Tammy de ,Mayor ~~` ~ e ,' , Date: ~~ ~ f'~O • ATTEST• ~~~~L ~ Date: ~~" ~ ~~ ~ William Berg, Jr., City erk ~'~ "~ / ~~ A~ Date approve by Council: l/ ~ Z 3.~' T ~srt ' ~*"` ~4~~ 103083/Property Owner/04-651 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # SO425417200 OWNED By Dwaine and Sharon Wolf This permanent sewer line easement is situated within the NE '/ of Section 25, Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an easement 45 feet in width, 15 feet Left and 30 feet Right of the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the E'/< corner of Section 25; thence along the northerly line of the SE'/ of said Section 25, N89°26'59"W, a distance of 2674.95 more or less feet to the C '/ corner of said Section 25; thence along said northerly line S89°26'59"E, a distance of 1489.47 feet to the POINT OF BEGINNING Thence S44°09'43"E, a distance of 254.55 feet to a point; Thence N45°48'59"E, a distance of 138.93 feet to a point; Thence N69°41'39"E, a distance of 110.01 feet to a point; Thence S89°35'22"E a distance of 805 feet to a point on the easterly line of said Section 25, also being END POINT of this easement description. The easement described contains 1.34 acres more or less Basis of Bearing N89°26'59"W (formerly N89°27'26"W) from the East'/ corner to the Center '/ corner. See: Exhibit "A-2" Exhibit A-1 Date 11/05/04 N P.0.6. ~ C t/4 COR SEC. 25 BASIS ~ BEARING SBA'26'59'E 1 ~~~ ------•-•- . , E 1/25 ------- 138.93 i -------- - ------------- -------1 •~ ~~ N69'41'39"E S44'9'43'E •• ~~ 110.01' ~ i i 254.55' •~i ,~~ ~I i~ ~ ' ~F' ry~ ,~ ~ ~ ~~ ~ ~ SECTION 25 T.4N., R.1 W., B.M. ~ ~ ~ SE 1/4 ~ _--- I'S 1/4 COR --t~ ~ -•- ~ ---•-•~~----~-----•- ------------------------•------------------- ~ -•- ~°~~---- i SEC. 25 REV. N^. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ Rc DATE: _NOV_. 4_, 2004 PRDJECT: cK'D BY: __ °_K SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPR^VED : LEGAL: A PORTION OF SEC. 25, TY DWG. No: RW.__._._,___ , T.4 N., R.? W., B.M., ADA COUN CITY ENGINEER DATE IDAHO. SHEET 1 OF ~ EXHIBIT A-2 M P.0.8. ~ C 1/4 COR SEC. ~-- BASIS OF BEARING ~~ -- ------- 14.47 -° ~\ 2874.95 ~` ------N45.48'S9'E -- -------- -------- • ~ E 1/4 COR. _- ------- SEC. 25 ~ ~~ ~~ 138.93' , 1 \ - - - ~ ~~~ ~~ 69'41'39'E - - - S44'9'4~E ~~ ~ ~ 110.01' i i 254.55 \~v~ ~ / I ~ ~ ~ ~ 8, ~I $~ ~'1ry~ , ~ ~ ~~ ~ ~~~ SECTION 25 T.4N., R. iW., B.M. ~ ~ ~ SE 1/4 ~ _--- 1 S i/4 COR. --- ~ ---•-' -----f - ' ~ ' SEC. 25~ ~ ~ i SEC. 25I REV, N0. DESC. BYE CK'D1 CITY OF MERIDIAN PUBLIC WORKS DRAWN BYE _3S:_ DATES _NOV. a _, 2004 PR^JECT~ cK'D BY. __ °_K SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPROVED; LEGAL. A PORTION OF SEC. 25, DWG. No. RW.__,_,_.___ T.4N., R.? W., B.M., ADA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~ EXHIBIT B-1 Meridian City Council November 23, 2004 Page 2 of 14 form our government and our Constitution and, again, being everything of their lives so that we can enjoy these times. We are so thankful for your rich blessings and your wonderful provisions to all of our lives and we are thankful and even mindful, Father, of the Marine who gave his life, so that others of his troop and men could live and that kind of selfless sacrifice is what characterizes our people and that even tonight we might just have that spirit here represented in our graciousness that we show and the understanding as we work through these issues. I pray for your direction tonight, wisdom for the Council, give all of us a great spirit of civility and honor tonight, Lord, that we would, indeed, conduct business in a way pleasing to you. And thank you for all that you have done for us. We thank you in the name of our Lord Jesus Christ, amen. De Weerd: Pastor Moyer, if I can present you with one of our City of Meridian pins. Moyer: Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank for joining us. Okay. Item No. 5 -- or 4 is the Consent Agenda. Or adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have got in our Consent resolution -- L item is a resolution, the number is 04- 451 and also Item No. 12 on the regular agenda is 04-1113, for Ordinance AZ 03-038, and with that I would move that we approve the revised published agenda. Rountree: Second. De Weerd: Okay. The motion is to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 12, 2004 Pre-Council Meeting: B. Approve Minutes of November 3, 2004 Pre-Council Meeting: C. Approve Minutes of November 3, 2004 City Council Regular Meeting: D. Approve Minutes of November 9, 2004 Pre-Council Meeting: Meridian City Council November 23, 2004 Page 3 of 14 E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Valley Corporate Park No. 6. This is a re-subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel - 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96-unit apartment complex to a 65-unit assisted living retirement facility in an R-40 zone for Devon Park II (Fairview Lakes) by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Daycare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive: H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 011 Request for a Rezone of 9.16 acres from R-8 to C-C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. -south of West Cherry Lane and east of Linder Road: Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C-C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. -south of West Cherry Lane and east of Linder Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 04- 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 by the City of Meridian -NEC of East McMillan Road and North Locust Grove Road: K. Development Agreement: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: L. Resolution No. 04-0451 Amendment to the SOP Manual for Administrative Leave: Meridian City Council November 23, 2004 Page 4 of 14 M. Change Order No. 2 for the Headworks Expansion Proiiect: N. Joint City of Meridian / Ada County Highway District Agreement for Roadway Construction /Sewer & Water Line Improvements: O. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer: P. Franklin Road Waterline Easement: Q. Well 26 Test Well Security Enclosure Change Order #1 -Hydro LOgIC: R. Well 27 Design Contract with Civil Survey: S. Well 25 SCADA Installation: T. Water Main Easement for Farmers and Merchants State Bank: U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: V. Meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we have approve the Consent Agenda, including Resolution No. 04- 0451 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree.: Second. De Weerd: Okay. The motion is to accept. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES.