Permanent and Temporary Easement Contract with Freedman, Kristen S. & Paige E. 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: 19A & 19B 85147490270 & 0280 Kristen S. & Paige E. Freedman
Date of Offer: October 11, 2004
THIS RIGHT-OF-WAY CONTRACT, was made this 11~' day of October, 2004, between the City of Meridian, acting by it
Mayor and Council, herein Called "CITY" and Kristen S. & Paige E. Freedman/, 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 ($)
(Ftiz) ($/Ftz) FACTOR
Permanent Easement 7,016 1.85 50% $ 6,490
Temporary Easement
TOTAL EASEMENT CASH SETTLEMENT AMOUNT
$ 6,490
B. The CITY further agrees to provide GRANTOR with a sewer service stub located 100-feet east from the west 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 temp/ora/~,ry easement as determined by a certified real estate appraiser:
Cash Payment* in the amount of C~T~(/ v
^ 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 arti
CITY O ERIDIAN
By:
Tammy de eerd, a
Date: ~ ~~'
ATTEST: ~~~f'~'L-~' -
WilliamBerg, Jr., City
Date approve by Council: ~ '-~
103083/5/04-581
have executed this contract the day and year first above written.
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City of Meridian
33 East Idaho Street, Meridian, ID 83642
ATTACHMENTI
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 103083 -North Slough Sewer Trunk Line
Parcel # and Owner: 19A & 19B 85147490270 & 0280 Kristen S. & Paige E. Freedman
The following are additional provisions that have been agreed to between the City of Meridian and Kristen
S. & Paige E. Freedman for consideration of granting permanent and temporary construction easement:
1. A $200/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 that the property owner will have access to his shop through the driveway, machinery will also
be moved off the property. Within 30 days thereafter, the driveway will be graded and graveled
and the general site cleaned up and restored to its original condition.
2. The road must be put back to its original state when construction is complete, including pit run
base, 3/4-inch road mix and overlay of 3/4 rock graded to its original state. Compaction is
mandatory on trenches.
3. Any damage to the shop, electric line, culvert, trees and personal property will be fixed to its
original state by the contractor or the City of Meridian.
4. Construction hours will be from 8 a.m. to 6 p.m. Monday through Saturday only. No Sunday
work.
5. A two week notice will be given before construction begins on property.
6. Construction workers will pick up any trash or debris left on property.
7. Property owner is not responsible for any damage or theft on any equipment during the
construction of sewer line.
8. Any work left undone or damages not fixed by the contractor that property owner needs to take
care of themselves will be paid to property owner on an agreed dollar amount by the contractor or
the City of Meridian.
9. The property owner will have the opportunity to sign off that the job was completed to their
satisfaction before the contractor receives final payment.
10. At the completion of the construction, the City will assess the need to pay liquidated damages if
warranted.
11. 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.
1 03 083/5/04-5 8 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02!02105 11:57 AM
DEPUTY Neava Haney II I I I II II II I I'~ I I II I II II I' I II I ~ II'll
RECORDED-REQUEST OF
Meridian City 1 ~+SG~ 1 ~~~ _,4~
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT -
N SLOUGH SEWER TRUNK LINE
KRISTEN & PAIGE FREEDMAN -
EXHIBIT A
SANITARY SEWER EASEMENT
,THIS~I !D TURE, effective this ~ ~ day of December, 2004, by the undersigned
~1 ,who maintains a mailing address of ,~ R~ Uq-2.dC.c~c~y~ (~~ ;
/`'l~'"2c~~,4 v , ID 3g y~ 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.
~~~
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ntor
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STATE OF IDAHO)
ss
County of Ada )
On this ?7'-'' day of DE~~mBt~ , 2004, before me S/trnES Qtxils~E
personally appeared K~~s~£~ 4 ~.~~ce ~RSFnmA~.~` ,proved to me on the
b_as__is_ of satisfactory evidence to be the persons whose names is subscribed to the
X99 ~~;,w~th~t%rnstrument, and acknowledged that they executed the same.
•e~s~ao J' ~.
•
•
NOTA PUBLIC FOR IDAHO
~a$~~aassaa~s;a~
My Commission Expires on 11- i33-v.s
Be
By ~ ~ w~A~
Tamm de eer or '
ATTEST: '/S' , _ ~ ~- ~~
i liam Berg, Jr., Cit Clerk 4~~y,~.~ r_. ; ~ 3_~-~
Date approved by Council:
SANITARY SEWER EASEMENT, Page 2 of 2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL #85147490270
OWNED By Kristen S. Freedman and Paige E. Freedman
This permanent sewer line easement is situated within Lot 5 Block 2 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 20 feet in width, with sidelines of said easement shortened or lengthened to
fit the grantor's parcel lines:
The easement being North 20 feet from the Southerly line of Lot 5 Block 2 of Larkwood
Subdivision.
The easement described contains 0.102 acres more or less
See: Exhibit "A-2"
Exhibit A-1
Date 9/01/04
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~ KRISTEN S. FREEDMAN AND PAIGE E. FREEDMAN
j PARCEL ~R51474 90270 ~
_ _______ W90'00'00"W ___ 430.000
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LARKWOOD SUBDIVISION
A PORTION OF THE SE 1/4,
SECTION 30 T.4N., R.lE., B.M.
REV, N^. DESC, BY. CK'D~
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BYE _ JH DATE. SEPT. 17 2004 PR^JECT~
cK'D BY. _~K SCALE; N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
APPR^VED~
LEGAL. A PORTION OF SEC. 30, DWG, No. RW,
T.4 N., R. ~ E., B.M., ADA COUNTY, -- - - ---
CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~
EXHIBIT A-2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 85147490280
OWNED By Kristen S. Freedman and Paige E. Freedman
This permanent sewer line easement is situated within Lot 6 Block 2 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.
Commencing at the SW corner of Lot 5 Block 2 of Larkwood Subdivision; thence along
the southerly line of said lot 590°00'00"E a distance of 213.32' to the POINT OF
BEGINNING.
Thence, N00°00'00"E a distance of 20.00 feet to a point;
Thence, 590°00'00"E a distance of 50.02 feet to a point;
Thence, N66°48'05"E a distance of 54.38 feet to a point;
Thence, 500°00'00"W a distance of 41.42 feet to a point;
Thence, N90°00'00"W a distance of 100.00 feet to the POINT OF BEGINNING said
point being the END POINT of this easement description.
The easement described contains 0.059 acres more or less
See: Exhibit "A-2"
Exhibit A-1
Date 9/01/04
~~
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KRISTEN S. FREEDMAN AND PAIGE E. FREEDMAN
PARCEL ~R5147490280
__ ___ ___ N90'00'00°W ____
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BY. I CK'D~
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY. _ JH DATE. SEPT. 17 2004 PROJECT
CK'D BY. _°K. SCALES N.T.S.
NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED;
LEGAL. A PORTION OF SEC. 30, DWG, No. RW,
CITY ENGINEER DATE DAHO. R'' E., B.M., ADA COUNTY, -- - - ---
SHEET 1 ^F i
EXHIBIT A-2
CITY OF MERIDIAN
PURCHASE ORDER
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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) 898500 Fa (208) 887-1297
YID: Kristen S & Paige E _Freedman Purchase Order #: 432-05-31.7
5180 Larkwoods Place Date Ordered= 2/g/2005
Requested By~ Clint Dolsby
Meridian ID 83642
Qty Item Description Invoice #/Part # Division Account # Total Amt
PARG#R5147490270 & 0280 I#105012930 3590 96165 $6,490.00
Total Due: $6,as0.oo
l~~..~D~ z-~-ds--
BEPT APP~BYAI png
PERMANENT EASTMENT PAYMENT
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