Permanent and Temporary Easement Contract with Aschenbrenner, Kenneth L. and Sharon for North Slough Sewer Trunk LineCity of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 103083 -North Slough Sewer Trunk Line
Parcel # and Owner: 10 50530325400 Kenneth L. & Sharon Aschenbrenner
Date of Offer: October 26, 2004
THIS RIGHT-OF-WAY CONTRACT, was made this day of , 20 ,between the City of Meridian,
acting by it Mayor and Council, herein Called "CITY" and Kenneth & Sharon Aschenbremrer, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR. agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Ternporary Construction Easement included herewith as Exhibit "A-1", "A-2", and "B-1"dated Jan. 11, 2005:
NOW THEREFORE, the parties hereto agree as follows:
1. A. CITY shall pay GRANTOR and the lien holder, i f any, such sums of money and/or benefits as are set out be]ow:
ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($)
(Ft'-) ($/Ft-) FACTOR
Permanent Easement 63,598 $ 0.8953 50% $ 28,469
Temporary Easement 107,]58 $ 0.8953 12%
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
11,513
$ 39,982
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. $39,982.00 to be paid to: Pioneer 1031 Company FBO
Kenneth and Sharon Aschenbrenner
^ 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
CITY OF MERIDIAN ~~°~
sy:
Tammy de ~ee ,Mayor
Date: ~ ~
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ATTEST: ~~~
William Berg, Jr., City
Date approve by Council:
is contract the day and year first above written.
~~~~~~ GRANTORS
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108038/Property Owner/04-614 dlc
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~D~ day ofd,, 200 by the undersigned
Kenneth and Sharon Aschenbrenner who maintains a mailing address of 6995 S. Ridgewood Road
Nampa , ID 83687 ,hereafter referred to as "GRANTOR" forthe benefit ofthe
City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing
address of 33 East ldaho 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 aAied 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 CITYwill not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
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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 (and, 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.
i~~~~ ~.~%Z z.~
Kenneth Aschenbrenner
~~
Sharon Aschenbrenner
STATE OF IDAHO)
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County of Ada )
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On this ~~ day of ~,,,~,A,ei, , ~~, before me ~ ~ .. ~ ,?,,~v~_ ~
personally appeared -Kenneth and Sharon Aschenbrenner proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within~j~e~nur~~ t, and acknowledged that they executed the same.
.1'' R. B p '•.
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.~, : p'~BL1G NOTARY PUBLIC FOR IDAHO
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My Commission Expires on ~ r (~ " v ~
Beneficiary: CITY OF MERIDIAN
Tammy de W d, Mayor ~o~,~
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ATTEST: ~ = ~;.;;{u
William Berg, Jr., City Cle ~ `~"'`~~`~
Date approved by Council: ~~~ ~~ ~~.~~~~`~"
SANITARY SEWER EASEMENT, Page 2 of 2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # S0530336200
OWNED By Kenneth L Aschenbrenner and Sharon Aschenbrenner
This permanent sewer line easement is situated within the SW % 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 along the following described line with sidelines of
said easement shortened or lengthened to fit the grantor's property lines:
Commencing at the SW comer of Section 30; thence along the westerly line of the
SW % of said Section 30, N00°24.'38"E, a distance of 2640.14 snore or less feet to the W
'/ corner of said Section 30; thence along S00°24'38"W a distance of 69.93 feet to the
POINT OF BEGINNING
Thence S88°35'23"E a distance of 193.15 feet to a point;
Thence S82°18'04"E a distance of 196.65 feet to a point ;
Thence S72°45'29"E a distance of 120.11 feet to a point;
Thence S69°55' 15"E a distance of 107.89 feet to a point;
Thence S58° 12'31 "E a distance of 98.51 feet to a point ;
Thence S44°00'38"E a distance of 80.30 feet to a point;
Thence S41 °32' 17"E a distance of 413.79 feet to a point;
Thence N48°27'43"E a distance of 270.00 feet to a point ;
Thence S41 °32' 17"E a distance of 307.75 feet to a point;
Thence S60°41'32"E a distance of 60.46 feet to a point;
Thence S$9°31'27"E a distance of 123.49 feet to a point;
Thence S89°32'28"E a distance of 151.77 feet more or less to a point on the easterly line
of said parcel #50530336200, also being the END POINT of this easement description.
The easement described contains 1.46 acres more or less
Basis of Bearing N00°24'38"E from the SW corner of Section 30 to the West '/ corner of
Section 30.
See: Exhibit "A-2"
Exhibit A-1
Date 1/11/2005
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cK'D BY: __oK ScALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED:
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CITY ENGINEER DATE IDAHO. SHEET 1 ^F 1
EXHIBIT A-2
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JH DATE: ~a~. »_, 2005 PROJECT
DK SCALE; N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
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CITY OF MERIDIAN
PURCHASE ORDER
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Y Kenneth ~ Sharon Aschenbre
6995 S Ridgewood Rd
Nampa ID 83687
Qty Item Description
PARC# S0530325400
~Pi APPRBYAI p~ S~
I A~OYAL
fit!
BILL TO CITY OF MERIDIAN
33 E. Idaho Ave
Meridian, ID 8364
(208)888-4433 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 #~ 432-05-331
Date Ordered 2/17/2005
Requested By: Clint DOlsby
Invoice #fPart # Division Account # Total Amt
I#105015511 3590 96165 $39,982.00
Total Due: $3s,ss2.oo
REAS~1 Fai PI~iI~IASE
PERMANENT EASEMENT PAYMENT -Payable to Pioneer
1031 Company FBO K 8~ S Aschenbrenner