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Permanent and Temporary Easement Contract with Lee, Soo W. for Black Cat Phase 3City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 Black Cat Sewer Phase 3 Parcel # and Owner: 51214346700 Soo W. Lee Date of Offer: March 14, 2006 THIS RIGHT-OF-WAY CONTRACT, made this 14th day of March 2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Soo W. Lee ,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": 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 DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Ftz) FACTOR ($) Permanent Easement 4,704 $5.00 50°/n $11,760.00 Temporary Easement 21,344 $5.00 10°/t, $5,336.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT 17$ ,096.0 B. The CITY agrees to provide GRANTOR with block-outs from the trunk sewer manholes at mutually agreed to locations where the trunk sewer traverses the subject parcel. C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. 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 easements as determined by a certified real estate appraiser: ^ Cash Payment* in the amount of $17,096.00 ^ Donation value of the easement $0.00 *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. 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 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 names 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. Page 1 of 2 F:~ProjectManagers~PHICU0.05-135 -Black Cat Pk~ase 3~EasementsU.ee~I,ee contract.doc IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By Tammy W ,Mayor -,,, ~~~~~t,~t„~~,~,,,,r,r Date: ~-~~q~~a~ 7~ __ 1~_ 6J ,..~.~ . ~~i William Berg, Jr., City rk ~ _ _ Date approved by Council: ~ G rt' ~ S, ~~"'~' ~~ ~T 3 ~~ °~` ,; "~ ~~~~~~~~~~E~~tr~aa ~a~~a~~+''~~~~~; Page 2 of 2 F:\Projec[Managers\PHKUO-OS-t35 -Black Cat Phase 3\Easements\Lee\Lee contract.doc