Permanent and Temporary Easement Contract with Goldsmith, Marty for North Slough Sewer Trunk LineCity of Meridian d ~ ~
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 103083 -North Slouch Sewer Trunk Line e
Parcel # and Owner: 14 S0530346800 Marty Goldsmith
Date of Offer: October 26.2004
THIS RIGHT-OF-WAY CONTRACT, was made this 26~` day of October, 2004, between the City of Meridian, acting by it
Mayor and Council, herein Called "CITY" and Marty Goldsmith, 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 are set out below:
ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($)
(Ft2) ($/Ft2) FACTOR
Permanent Easement 65,195.25 $ 0.69 50% $ 22,450
Temporary Easement 108,839 $ 0.69 12%
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
B. The CITY further agrees to provide (any other provisions that have been agreed to)
8,995
$ 31,445
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 ~ r!> `~f ~~"' r
^ 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 W O. e arties have executed this contract the day and year first above written.
TY OF MERIDIAN GRANTORS
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Tammy ee ,Mayor ~,~ ,
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Date: /=~ -~ /c- ~ ~' ~~~ ~ ~*'
ATTEST: c~/{~,GC,L._._' /~-/~G
William Berg, Jr., City Cler:
Date approve by Council: I ~ ~o ~
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108038/Properiy Owner/04-618 dlc
ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 02102!05 11:57 AM
DEPUTY Neava Haney II~ I'II~IIIII'll'll'IIIIIIII'll I II'II
RECORDED-REQUEST OF
Meridian City 1~5k~1`~~.~`
This sheet has been added to document
to accommodate recording information
SANITARY SEWKR EASMENT
N SLOUGH SEWER TRUNK LINE
MARTY GOLDSMITH
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~ day of December, 2004, by the undersigned
M~~y /ro1~s~~~1 ,who maintains a mailing address of yyy7 N /JYascl~ ~% s><.~ X02,
as,~s.~ , I D ~i~, 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 bythe 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.
1. 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 CITYwill 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.
STATE OF IDAHO)
ss
County of Ada )
G ra
On this 13~ day of Dteew~b~cr , 2004, before me `i'ra~i Zryih ,
personally appeared 'Mo~,r~1-U C~alalS y~~k ,proved to me on the
basis of satisfactory evidence to a the persons whose names is subscribed to the
within instr*~it'• acknowledged that they executed the same.
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NOTARY PUBLIC FOR IDAHO
My Commission Expires on 5( ~~~ ~
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By p~-~~~~' ~~
Tammy de W erd, Mayor
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ATTEST: ,~' = SEAL
William Berg, Jr., City erk
Date approved by Council: ~~~ ~.~5 ~` ' - ~'~~ ~.
SANITARY SEWER EASEMENT, Page 2 of 2 ~~'~'~
LEGAL DESCRIPTION FOR PERMA1vENT SEWER EASEMENT
PARCEL # 50530346800 1
OWNED By ~~~y C~,~~~rRt~h
This permanent sewer line easement is situated within the SW i/a and SE'/a of Section 30,
Township 4 N, Range 1 E, Boise Meridian, Ada County, State of Idaho. Being an
easement 30 feet in width, 10 feet Right and 20 feet Left of the following described line
with sidelines of said easement shortened or lengthened to fit the grantor's property lines:
Commencing at the SW corner of Section 30; thence along the Southerly line of
the SW'/a of said Section 30, S89°44'22"E, a distance of 2410.76 more or less feet to the
S '/4 corner of said Section 30; thence along N89°44'22"W a distance of 658.17 feet to a
point; thence along the westerly line of parcel #50530346800 N00°36'21"E a distance of
1975.03 more or less to the POINT OF BEGINNING
Thence S89°32'28"E a distance of 122.13 feet to a point;
Thence S89°51'04"E a distance of 270.01 feet to a point ;
Thence S89°28'42"E a distance of 202.70 feet to a point;
Thence SO1 °21'52"E a distance of 268.77 feet to a point;
Thence S02°57'51"W a distance of 338.82 feet to a point;
Thence S00° 16' 11 "W a distance of 98.39 feet to a point;
Thence S08°00'40"E a distance of 173.91 feet to a point;
Thence S89°44'39"E a distance of 259.56 feet to a point ;
Thence S89°15'45"E a distance of 288.20 feet to a point;
Thence S89°44'41 "E a distance of 135.15 feet to a point;
Thence S89°33'00"E a distance of 15.02 feet more or less to a point on the easterly line
of said parcel #50530346800, also being END POINT of this easement description.
The easement described contains 1.50 acres more or less
Basis of Bearing S89°44'22"E from the SW corner of Section 30 to the South %4 corner
of Section 30.
See: Exhibit "A-2"
Exhibit A-1
Date 8/31/04
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SECTION UNE ~ C ~/a COR
SECTION 30 T.4N., ~ R. lE., B.M.
SW 1/4 ~ SE 1/4
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CITY OF MERIDIAN PUBLIC WORKS
DRAWN BYI _ Rc DATEI SEPT. 17 2QQ4 PR~JECT1
cK`D BY. __ ~K SCALEI N.T.s. NORTH SLOUGH SANfTARY SEWER TRUNK
APPR~VEDI
LEGALI A PORTION OF SEC. 30> DWG. Noy RW,
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T.4 N., R.? E., B_M., ADA COUNTY,
CITY ENGINEER DATE IDAHO. SHEET 1 ^F" ~
EXHIBIT A-2
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BASiS OF BEARING s t/4 CoR. SECTION IJNE
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CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY: _ Rc DATE: SEPT. 17 2004 PROJECT:
cK'D BY: __ oK SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED:
LEGAL: A PORTION- OF SEC. 30, DWG. Nol RW
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ADA COUNTY .
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CITY ENGINEER DATE ,
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IDAHO. SHEET 1 ~F ~
EXHIBIT B-2
CITY OF MERIDIAN
PURCHASE ORDER
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Yf>: Marty Goldsmith
4487 N Dresdon PI
Ste 102
Boise ID 83714
BILL TO CITY OF MERIDIAN
33 E_ Idaho Ave
Meridian, ID 8364
(208j888-4433 FAX (208)887-4813
SHIP TO: Public Works
Karie Glenn
660 E Watertower
Suite 200
Meridian ID 83642-
(208) 898-5500 fu (208) 887-1297
Purchase Order #~ 432-05-320
Date Ordered 2/9!2005
F~c~e~ze,;? I'~-. Glint Dolsby
Qtp Item Description Invoice #/Part # Division Account # Total Amt
PARC#50530346800 I#105012932 3590 96165 $31,445.00
Total Due: $31,445.00
~T APPOOYAL ~b Slyued
sou~A~ovu
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REASON FNt PORpfASE
PERMANENT EASEMENT PAYMENT