Permanent and Temporary Easement Contract and Correction of Legal Description with Wolf, Dwaine and Sharon for North Slough Sewer Trunk'~~, KELLER.
1 A Company of!'rofessional Engineers
131 S. W. 5th Avenue, Suite A • Meridian, ID 83642
208-288-1992 • Fax: 208-288-1999 • www.kellerassociates.com
November 16, 2004
Dwaine and Sharon Wolf
19285 Travis Road
Wilder, ID 83676
Dear Mr. and Mrs. Wolf:
On behalf of the City of Meridian, we extend our appreciation for your willingness to
work with the City in the planning and the design of the North Slough Sanitary Sewer
project. The project will result in providing important infrastructure to accommodate
present and future service needs.
This easement acquisition process has been an open and cooperative process that started
with the City Council adopting a formal Easement Acquisition Policy. We invite your
comments on the process used so the City we can continually improve in providing
services to this community.
Enclosed with this letter you will find: your copy of the Appraisal Report completed by
Robinson Appraisal Service; the contract which outlines our proposed agreement; and a
copy of the easement document which will be recorded. The contract does refer back to
the Easement Acquisition Policy with regard to your desired form of "Just
Compensation," Item 2 of the Contract. Payment received in this transaction is
considered taxable income. After conferring with your tax advisor, you may find that a
donation is your desired choice.
The City is planning to move forward with the construction of the project in the winter of
this year. To meet this schedule, we would like to finalize the easements. We will be
contacting you two weeks from the date of this letter to continue the easement
finalization. The next steps to this end are:
• You approve the Contract as indicated by your signature.
• The Contract then must be agreed to by the City Council and Mayor
(indicated by the Mayor's signature).
• Within four weeks of the document recording, you will receive payment or
donation documentation for your Permanent Easement.
• You will receive payment or donation documentation for the Temporary
Construction Easement at the expiration of the Construction Contract.
Meridian • Pocatello
Quality Engineering to Satisfied Clients
103083/Property Owner/04-650
Dwaine and Sharon Wolf
November 16, 2004
Page 2 of 2
If you have any questions concerning this process, please contact me at 288-1992 or Clint
Dolsby, City of Meridian, at 898-5500.
Once again, thank you for your efforts in bringing this sanitary sewer project to
completion.
Respectfully,
KELLER ASSOCIATES, INC.
Keven T. Shreeve, P.E.
Project Manager
Enc: Permanent and Temporary Easement Contract
Sanitary Easement Document and Exhibits
City of Meridian Sewer and Water Line Easement Acquisition Policy
Idaho Code, Title 7, Chapter 7 (11A)
Property Owner Advice of Rights Form
Appraisal
cc: Clint Dolsby, City of Meridian
103083/Property Owner/04-650 ' ~O
ADp COUNTY RECORDER J. DAVID
BOISE IDAHO 01/06/05 02:05 PM
DE UTY Bonnie Oberbillig
RE ORDED-REQUEST OF
Meridian Ciry Public Works
NAVARRO AMOUNT ,00
105002045
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 Slou h Sewer Trunk Line
Parcel # and Owner: 6C SO42S417200 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 Sharon 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 ($)
(Ft2) ($/Ftz) FACTOR
Permanent Easement 58370.4 0.9986 50% $ 29,145
Temporary Easement 55756.8 0.998 12% S E~,b82
TOTAL EASEMENT CASH SETTLEMENT AMOUNT 5 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 ~ ~ ~ ~- ,~ ~
*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, 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.
IN WITNES e p re executed this contract the day and year first above written.
CIT OF MERIDIAN GRANTORS
P } - n
Tammy de ,Mayor ,~~~ ~~'~ ~'`
a
Date: ~ ~tJ =,` ~Jq ~ `-g=~:~ _ f =~,
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ATTEST• ~ '>~:~ ~ Date: //~/ ~' ~
William Berg, Jr., City erk ?'~ ~~ ;~ ,-
Date approve by Council: l/ ~ ~ ~~,. ' ~`~~ '
~Y
#~4%l>s~2 i%r~ze ~~~
103083/Properry Owner/04-651
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 50425417200
OWNED By Dwaine and Sharon Wolf
This permanent sewer line easement is situated within the NE 1/ 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 1/ 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 1/ corner to the
Center 1/ corner.
See: Exhibit "A-2"
Exhibit A-1
Date 11/05/04
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SEC. 25 ;
REV, N^, DESC, BY. CK'D~
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY. _ Rc DATE. _NOV_. a _, 2004 PR^JECT~
cK'D sY: __ oK SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
APPR^VED~
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DK SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
CITY ENGINEER
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DATE IDAHO. SHEET 1 ^F i
EXHIBIT B-1
AMOUNT .00 a
BO SE~DAHO 03116 05E02'32 PM NAVARRO
DEPUTY Joanne Hooper III I~II~II~II~III~I~I~I~I~II~II~I ~ ~II
RECORDED-REQUEST OF 1@'501?01
MERIDIAN CITY
AFFIDAVIT TO CORRECT LEGAL DESCRIPTION
Permanent Easement Located in
SE1/4, Section 25, T4N, R1W, B.M.
Ada County, Idaho
Grantor: Dwaine and Sharon Wolf
Grantee: City of Meridian, Idaho
WHEREAS, said Permanent Sewer Easement was recorded on January 6, 2005 at
the Ada County Records under Instrument No. 105002045; and
WHEREAS, the description in said Permanent Sewer Easement contained errors
which is the purpose of this affidavit to reform and correct; and
WHEREAS, Idaho Code, Section 55-816 permits the recording of affidavits
affecting the description of real property as part of the record title of said real property;
NOW THEREFORE, in the Legal Description attached to the Permanent and
Temporary Easement Contract dated November 17, 2004 in said recorded instrument, the
first paragraph of the description of said recorded instrument is hereby corrected to read
as follows with the bold text correcting the text of the description in said recorded
instrument:
"This permanent sewer line easement is situated within the SE'/4 of Section 25,
Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an
easement 45 feet in width with sidelines of said easement shortened or lengthened to fit
the grantor's property lines:"
NOW THEREFORE, in the Legal Description attached to the Permanent and
Temporary Easement Contract dated November 17, 2004 in said recorded instrument,
delete the first, second and third lines after the Point of Beginning calling out the
following courses:
"Thence S44 979'43 "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; "
NOW THEREFORE, in the Legal Description attached to the Permanent and
Temporary Easement Contract dated November 17, 2004 in said recorded instrument, the
first, second and third lines after the Point of Beginning of the description of said
recorded instrument are hereby corrected by changing to read as follows with the bold
text replacing and correcting the text of the description in said recorded instrument:
Affidavit to Correct Legal Description Page I of 3
Permanent Easement
Ada County Idaho
"Being an easement 15 feet right and 30 feet left of the following described
line; 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 being and easement variable from 15 feet right to 30 feet right and
from 30 feet left to 15 feet left of the following described line; N69°41'39"E, a
distance of 110.01 feet to a point;"
NOW THEREFORE, in Exhibit A-2 attached to the Permanent and Temporary
Easement Contract dated November 17, 2004 in said recorded instrument, delete Exhibit
A-2 and replace with the Exhibit A-2R attached hereto.
Dated this ~ day of , 2005.
GRANTOR:
,,
Dwaine Wolf
..,
Sharon Wolf
STATE OF IDAHO} ss
COUNTY OF ADA}
Affidavit to Correct Legal Description Page 2 of 3
Permanent Easement
Ada County Idaho
On this~l ~ h day of 1 a n ~y~r u , 2005 before me, the undersigned, a Notary Public
in and for the State of Idaho, Dwaine and Sharon Wolf personally appeared individually
known to me to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed the same.
IN WITNESS,WHE~REOF, I have hereunto set my hand and affixed my official seal, the
day and yg ~~c~if~icate first above written.
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GRANTEE:
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Mayor
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STATE OF IDAHO} ss
COUNTY OF ADA}
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Notary for th State of Id
Residing at ~ ~ 5 e
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On this ~~~ day of /' IQrf,~ , 2005 before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Tammy de Weerd, Mayor, City of
Meridian, known to me to be the person whose name is subscribed to this instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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Permanent Easement
Ada County Idaho
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REV. N^. DESC, BYE CK'D~
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BYE _3S~ DATE' JAN. 20 2005 PR^JECT~
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,
DWG, Noy
RW,__,_._.___
T.4 N., R.? W., B.M., ADA COUNTY,
CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~
EXHIBIT A-2R
Meridian City Council
March 1, 2005
Page 2 of 32
issues of traffic or planning and zoning or water or sewer or new neighborhoods, where
we acknowledge that the city's growing fast and these folks need great insight and
wisdom and even revelation from you for decisions. Lord, we want to take a moment
and pray for the families of the city, that you would create strong family units, dads who
take their responsibility as leaders seriously to lead their families, moms and dads, who
respect and love each other and children would honor their parents. We pray for the
children and youth in our city, Lord, that this would be a safe place for them to discover
and grow and we think of these young people behind us, God, as just one gathering of
young people. We pray for all the gatherings, whether that's a public school or a scout
troop or a youth group in a church, Lord, that children and youth would find esteem and
respect and love whether they are in an Albertson's, a church foyer, or a Starbucks and,
God, we just pray that this would be a place where children and youth would grow
strong and we honor you and thank you for this evening in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Good timely reminders. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This agenda looks awful good. We got -- we do have -- and we will come back
when we go before it, but Item 13 should be 12 and 12 should be 13. We should be --
the variance should be passed before on Klamath Basin, but other than that, I would
move that we adopt the revised agenda.
Wardle: Second.
De Weerd: Okay. The motion is to adopt the agenda as revised. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Tabled from February 22, 2005: Agreement of Inspection
Service with Rich Greene:
B. Approve Minutes of February 1, 2005 Pre-Council Meeting:
C. Correction to the Permanent and Temporary Easement
Contract for the North Slough Sanitarv Sewer Proiect:
D. Sewer Service Contract for the North Slough Sanitarv Sewer
Proiect:
Meridian City Council
March 1, 2005
Page 3 of 32
E. Award of Bid for North Slouch Trunk Line to Sommer
Construction:
F. Award of Bid for WWTP Generator Building Construction
Contract to Challenger Companies:
G. Agreement with Custom Electric for the WWTP Expansion
Date Collection:
H. Waterline Easement Agreement with Burke P. Jones, John B.
Ferguson, Idaho Holdings, LLC for Victory Road:
I. License Agreement with ACHD for Well 10 Flushing Station:
J. License Agreement with Nampa Meridian Irrigation District for
Flush Lines:
K. Development Agreement: AZ 04-001 Request for Annexation
and Zoning of .5 acres from RUT to C-G zones for Eauity Benefits
by Equity Benefits, LLC - 2540 East Franklin Road:
L. Approve Bills:
De Weerd: Okay. Item No. 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that all agreements,
contracts, all proper papers be on file with the City Clerk before any payment is made
on any of them and for the Mayor and the Clerk to sign on all proper papers.
Wardle: Second.
De Weerd: Thank you. The motion is to approve the Consent Agenda. If there is no
further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning and Zoning Department -Anna Canning
Robinson Appraisal Service
commercial agricultural right of way residential
November 11, 2004
Mr. Donn Carnahan P.E.
Project Manager
Keller Associates, Incorporated
131 SW Fifth Avenue
Ste. A
Meridian, Idaho 83642
RE: Appraisal update of the Wolf property located at the northwest corner of McMillan and Ustick roads, Ada
County, Idaho
Project No.: City of Meridian -North Slough Sewer Trunk Line -Project No. 103083
Parcel No.: 6C
Plans Sheet No.:
Property Address:
Owners Name:
Address of Owner:
3of12
Date: August 5, 2004
Permanent Easement:
Vacant land - no address
Dwaine & Sharon Wolf
19285 Travis Road
Wilder, Idaho 83676
1.34 acres
Temporary Const. Easement: 1.28 acres
This letter is to serve as an update to the just compensation estimate previously reported in the attached Limited,
Summary Appraisal report on the above referenced parcel. The reason for the update is due to a change in the
alignment of the North Slough Sewer Trunk Line as of November 11, 2004. This letter represents my updated estimate
of the present market value for the rights being acquired. The following calculations result in the fmal just
compensation estimate for the property owner, based on the new area required for the permanent sewer easement and
temporary construction easement.
Permanent Sewer Easement: 1.34 acres @ $43,500 / ac. @ 50% _ $29,145
Temporary Construction Easement: 1.28 acres @ $43,500 / ac. @ 12% _ $ 6.682
Total Just Compensation: $35,827
By reason of investigation, study and analysis, my estimate of the just compensation due to the property owner for the
requirements on the Wolf property, as of November 11, 2004, is Thirty-Five Thousand Eight Hundred Twenty- Seven
Dollars, ($35,827).
Thank you for the opportunity to be of service to you.
Respectfully submitted,
~ ~ I
ott R. Robinson
Idaho CGA-203
Scott R. Robinson
General Real Estate Appraiser
5991 W. State Street, Ste. A, Boise, ID 83703, Tel. (208)853-5800, Fax (208)853-7272
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 50425417200
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 '/o 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 589°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 589°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
M
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SEC BASIS OF BEARING
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DRAWN BY:. RG DATE: _NOV. 4 _~ 2004 PROJECT:
cK'D BY: __ °_K SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED:
LEGAL: A PORTION OF SEC. 25, DWG
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REV. ND, DESC. BY: CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ Rc DATE: _NO_v. a _, 2004 PROJECT:
cK'D BY. __ °K SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED:
LEGAL: A PORTION OF SEC. 25, DWG
No: RW
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CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~
EXHIBIT B-1