Permanent and Temporary Easement Contract with Smith, Tonya J. for North Slough Sewer Trunkv � q
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: _103083 –North Slouch Sewer Trunk Line
Parcel # and Owner: 16A & 16B R5147490090 & 0100 Ton a J. Smith
Date of Offer: October 11, 2004
THIS RIGHT-OF-WAY CONTRACT, was made this 11'h day of October, 2004, between the City of Meridian, acting by it
Mayor and Council, herein Called "CITY" and Tonva J. Smith, 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 Exhibits "A-1, 2, 3, & 4" and `B-1 & 2":
NOW THEREFORE, the parties hereto agree as follows:
LA. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($)
(Ft') ($/Ft) FACTOR
Permanent Easement 16,033 1.85 60% $ 17,798
Temporary Easement 8,297 1.85 12% 1,842
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 19,640
B. The CITY further agrees to provide GRANTOR with a sewer service stub located 100 -feet west from the east property
boundary (exact location to be determined during construction). Refer to Attachment I hereto for additional provisions
that have been agreed to.
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:
0 Cash Payment* in the amount of 0 1q" 6, V0 4
❑ 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, 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.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF
By: —
Tarr
Date:
ATTEST:
William Berg, Jr., City
Date approve by Council:
103083/5/04-580
Date:
City of Meridian
33 East Idaho Street, Meridian, ID 83642
ATTACHMENT I
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 103083 —North Slough Sewer Trunk Line
Parcel # and Owner: 16A & 16B R5147490090 & 0100 Tonva J. Smith
The following are additional provisions that have been agreed to between the City of Meridian and Tonya
J. Smith for consideration of granting permanent and temporary construction easement. Items listed were
initially addressed in a faxed letter dated November 9, 2004.
1. The City will reimburse the property owner the actual amount for boarding of two (2) horses and
one dog upon receipt. It is anticipated that boarding will not be longer than 20 days.
2. The City will pay the land owner the amount of $1,166.00 to reseed the pasture area destroyed.
This will be a one time payment.
3. The City will pay the land owner the amount of $538.66 to remove and replace the Invisible Fence
and hot wire that will be impacted. This will be a one time payment.
4. The City will pay the land owner the amount of $2,160.00 to remove and replace 240 feet of vinyl
fencing. If length of fence repair changes, plus or minus, either party will have the right to an
adjustment of cost. This will be a one time payment taking into account any adjustments to actual
length of fence repaired. If the fence on the south side of the canal is damaged additional
compensation will be warranted.
5. The removal and replacement of the sprinklers, 3- to 4 -inches of top soil, and lawn in the front
area (to be sodded) will be included in the City's sewer project. The contractor will be required to
restore these areas to the original condition, to the satisfaction of the property owner.
6. A $100/day penalty will be assessed to the City if the project is not substantially completed within
14 days. Substantially completed means that the pipeline trench will be covered and compacted
and the property owner will have access to her property, machinery will also be moved off the
property. Within 30 days thereafter, work referred to under item 4 above will be accomplished
and the general site cleaned up and restored to its original condition.
7. The property owner will have the opportunity to sign -off that the job was completed to their
satisfaction before the contractor receives final payment.
8. It is understood that the property owner will pay the associated sewer connection fee to the City at
the time of connecting to the sewer system. The property owner will also be responsible for all
work and financial obligation for installing their individual service line.
9. A one week notice will be given before construction begins on the property to allow property
owner time to remove the animals and fence so that the work can proceed in a timely manner.
10. Payment to the property owner for the above items stated hereon will be held by the City until the
property owner has signed -off on the portion of the sewer project impacting their property.
103083/5/04580
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 00
BOISE IDAHO 02/02105 11:57 AM
DEPUTY Neava Haney III /IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED —R—REQUEST OF
Meridian City 1050129,1
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
N SLOUGH SEWER TRUNK LINE
TONYA J SMITH
EXHIBIT A
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 9th day of Decembe�004, by the undersigned
Tonya J Smith , who maintains a mailing address of 5211 Larkwood Place
Meridian ID 83642 , hereafter referred to as "GRANTOR" for the benefit of the
City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing
address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, .
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED LEGAL DESCRIPTIONS)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates at which time
payment for the temporary construction easement will be sent by certified mail to
the GRANTOR by the CITY.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
SANITARY SEWER EASEMENT, Page 1 of 2
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Grantor
STATE OF IDAHO)
) ss
County of Ada )
On this(i!day o r& -x-) , 2004, before me / - c'i- reU . ,
personally appeared "b3 r-)CLGL. ( ) , Grp--) i+k-) ; proved to me on the
basis of satisfactory evidence t' o be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
J. EARBEER
t�OTARY Pl.IIBLiC
NOTARY PUBLIC F D)AHO,
FATE OF S®10
My Commission Expires on / Q
Beneficiary: CITY OF MERIDIAN
By ppb
Tammy , lld�or�rFo
ATTEST-._
William Berg, Jr., City Cl rk e
Date approved by Council_;]
SANITARY SEWER EASEMENT, Page 2 of 2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # R5147490100
OWNED By Tonya J. Smith
This permanent sewer line easement is situated within Lot 10 Block 1 of Larkwood
Subdivision in the SE'/4 of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada
County, State of Idaho according to the plat filed in Book 58 of Plats at Pages 5494 and
5495. Being 45 feet in width, with sidelines of said easement shortened or lengthened to
fit the grantor's parcel lines:
The easement being North 45 feet from the Southerly line of Lot 10 Block 1 of Larkwood
Subdivision.
The easement described contains 0.103 acres more or less
See: Exhibit "A-2"
Exhibit A-1
Date 9/17/04
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # R5147490090
OWNED By Tonya J. Smith
This permanent sewer line easement is situated within Lot 9 Block 1 of Larkwood
Subdivision in the SE 1/4 of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada
County, State of Idaho according to the plat filed in Book 58 of Plats at Pages 5494 and
5495. Being 45 feet in width, with sidelines of said easement shortened or lengthened to
fit the grantor's parcel lines:
The easement being North 45 feet from the Southerly line of Lot 9 Block 1 of Larkwood
Subdivision.
The easement described contains 0.266 acres more or less
See: Exhibit "A-4"
Exhibit A-3
Date 9/01/04
EXHIBIT A-gq
EXHIBIT B—f I
TONYA J. SMITH
PARCEL #R5147490100
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LARKWOOD SUBDIVISION
A PORTION OF THE SE 1/4,
SECTION 30 T.4N., R.lE., B.M.
REV. NO,
DESC.
BY:
CK'D:
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: — RG
DATE: AUG. 31— 2004
PROJECT:
NORTH SLOUGH SANITARY SEWER TRUNK
CK'D BY; DK
SCALE: N.T.S.
APPROVED:
LEGAL: A PORTION OF SEC. 30,
DWG. No: RW,
T.4 N., R.1 E., B.M., ADA COUNTY,
-- - - ---
SHEET 1 OF 1
CITY ENGINEER DATE
IDAHO.
EXHIBIT B—f I
CITY OF MERIDIAN
PURCHASE ORDER
BILL TO CITY OF MERIDIAN
y '`= 33 E. Idaho Ave
Meridian, ID 8364
'- (208)888-4433 FAX (208)887A813
it
`=T'0F---Public Works
SHIP TO:
f'
Karie Glenn
Y. 660 E Watertower
IDA.H0 Ae Suite 200
x;LfMeridian ID 83642-
;}._.. F_ (208) 898-5500 FIX (208) 887-1297 14
6IiF..t`at 534 s�i:f'
1 X31
i(Y': Tonya J Smith Purchase Order #= 432-05-318
5211 Larkwood Place Date Ordered: 2/9/2005
Requested By: Clint Dolsby
Meridian ID 83642
Qty Item Description Invoice #/Part # Division Account # Tot d Amt
PARC# R5147490090 & 0100 105012931 3590 96165 $19,640.00
Total Due: $19,640.00
14 j 1.
6FASM FOR MUSE
PERMANENT EASEMENT PAYMENT
COM AMOVAL pitsSw I i