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
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SEC. 25 BASIS ~ BEARING
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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
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LEGAL: A PORTION OF SEC. 25,
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CITY ENGINEER DATE IDAHO. SHEET 1 OF ~
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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.