Loading...
Permanent and Temporary Easement Contract with DBSI Tanana Valley, LLC for Black Cat Sewer 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-OF-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 Va11ev 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 Exhibit A and Exhibit B, respectively. NOW THEREFORE, the parties 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 (Ft2) ($/Ft2) FACTOR ($) _ Permanent Easement 992 $10.00 50% $ 4,960.00 Temporary Easement 37,418 $0.00 10% $0.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT 9~4. 60.00 A. The CITY shall delineate the temporary construction easement area with cones, barricades or stakes and ribbon and. such delineation shall be maintained through completion of construction. Alt construction activity shall occur within the temporary construction easement area unless the City's Contractor has secured separate approval from the Grantor. B. The CITY agrees to maintain imgation 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 easement 50.00 $ 4.960.00 *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 alt 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 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. Page 1 of 2 \\Boieefilea\P°blic\ProjectManagen\PH1Qlo-06.059 Black Cat PH4\EagemenbUCutera\Rastera easement.doc 1N WITNESS WEREOF, the parties have executed this contract the day and yeaz first above written. CITY OF MERIDIAN - - _ i By: ~-~ Tamm de Wee yor GRANTOR DBSI Tanana Vall By: ATTES ~ ~~ r~® '= William Berg, Jr., City Clerk - ~, .~ _ ~~ .~ - /~j 7 Date approved by Council: ~/ ~~ ~ ~ 23~ Z0p7 ~ ~~ ~' `~ _T~ ' ~ /,,,,~~f~~~~rillli nlu~~+1`~~~~``. Page 2 of 2 \1Boicefiles\Public\ProjectManegen\PHK\!0.06.059 Black Cu PH4\FasementslKeetvalKsstera ess~rnt.doc