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HomeMy WebLinkAbout811 E Pine street Rod CulipMeridian City Council May 7, 1996 Page 29 time challenging the conditional use permit under the CC&R's. Rountree: Is that a motion? Morrow: It certainly is. Rountree: Second Corrie: This is for new findings of fact based upon what you are amended, (inaudible) you have heard the motion made by Mr. Morrow, second by Mr. Rountree, any further discussion on these? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: (Inaudible) approve the decision - Morrow: Mr. Mayor I move we hereby adopt the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the amended findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant from the City. Rountree: Second Corrie: Motion has been made and seconded by Mr. Rountree, any further discussion? Roll Call Vote. ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #6: TABLED APRIL 16,1996: REQUEST FOR SEWER HOOK UP: Corrie: This is a continuation from the last meeting. Mr. Cullip, Council any questions? Crookston: Mr. Mayor it was my understanding that the sewer department was going to present something this evening on this matter, Gary are you aware of that? Smith: Mr. Mayor and Council members, Bruce Freckletori had a video lined and dropped Meridian City Council May 7, 1996 Page 30 a note in your boxes to come by and view the video at your leisure and it was not brought into the Council chambers for viewing at this time. That is the video of the site prior to construction. I believe there was some film after the fact too. I think Mayor Corrie has viewed that. Crookston: Thank you that is what I understood. Rountree: Do you have any other updated information in addition to what was presented last evening? Smith: No, not if you have comments from our sewer inspector and from Rick Clinton, were those in your packet, they were written comments. Morrow: Those are the comments that we had at the last meeting, there have been no updates? Smith: I am not sure Mr. Councilman Morrow, I wasn't here at that meeting. Morrow: There have been no updated comments since the letter of April 16. Smith: I believe not, the only thing that has been done is a memo from Bruce Freckleton distributed for you to view the videos. Rountree: Mr. Mayor, for discussion I believe that there were remedies for this situation and I would recommend that we analyze that document to seek any remedies if there are any, there need to be. And not consider the sewer hook up as a remedy for this situation. Morrow: I a inclined to agree with that we sub -contracted to somebody to do the project within that contract there would be remedies for situations like this if there is a remedy to do it is up to the contractor to provide that remedy. I don't think that as a City we need to take the further step of doing the hook up which would not have ever been part of the remedy that was in the contract documents. Bentley: I would agree. Tolsma: (Inaudible) Corrie: I guess we need a motion now on Mr. Cullip's request. Cullip: May I make a comment on that? We had a meeting regarding all of the costs that was inflicted on myself that I had to come forward. The reason I am here was for the sewer Meridian City Council May 7, 1996 Page 31 connection. This being because I was inflicted with all of these costs that was procured through the process of the construction the City, we had a meeting with the City and the contractor and neither of them would determine who was at fault. So the blame, nobody would take the blame but still I had to pay for that amount, well far more than what the amount that I stipulated here. I am just asking because of the hardship which is stipulates not to cause any hardships there were other parts, temporary fencing will be installed and secured through the whole process which was.part of the problem of one of horses getting hurt. The other problem was initially when they built the road from Franklin Road down to the manhole there were no provisions to raise the fence. So that was neither the contractor, it wasn't the contractor's fault because they did accordingly to what the contract read. But that was the cause of the most extensive damage to one of my horses was running across that road and getting caught up in the fence. And like I said we spent a couple of months doctoring that horse and we are still working on it. That's the cost that incurred, it was a cost that was caused from the City sewer or whatever that was putting through property, the Five Mile sewer project. In fact all of these are, I would not have incurred any of these costs because of the project.. part of that is why I stipulated that I am not asking for a free hook up but I am asking for a swap for what it has already cost me which is only fair. Morrow: May I respond? I am sensitive to your asking to be reimbursed or trade off for the cost but in my opinion we hire the contractor they are contract documents and stipulations for those types of remedies when those kinds of things happen. What I am suggesting to you here is that contractor needs to do the resolution of that and that is where the process needs to take place. So from my perspective that is who should be resolving the issue in terms of making you whole if that is the case. So I would move that we do not allow a sewer hook up at our expense. Bentley: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Bentley that the sewer hook up would not be approved, it would be denied, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED APRIL 16,1996: AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING: Bauens: Tom Bauens with Dakota Development representing Avest and the Fred Meyer development. I would just like to recap a little bit of the discussion we on April 16 at the City Council meeting concerning what we are proposing on the berms and landscaping Meridian City Council April 16, 1996 Page 30 continued to the meeting of May 7, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor could we also, do we know that they were notified that tonight they were on the agenda. Berg: Yes we send out a notice to them personally as well as the people that are within the 300 feet. Morrow: Could we do a follow up notice that this has been continued for their failure to be here and maybe by virtue and then a phone call so that they don't miss the next meeting. Berg: Yes I will personally contact the applicant do you want me to contact the people within 300 feet again. Morrow: Well no they have had that opportunity by virtue of the fact that we continued the public hearing. Berg: I will get a hold of her personally. ITEM #14: ROD CULLIP: REQUEST FOR SEWER HOOK UP: Corrie: Council, you have got that, would you like to hear from Mr. Cullip Council? This is not a public hearing. It is a request that he has. Cullip: Are you familiar with the paper that I left with you as far as what has happened from the beginning to the end of the Five Mile Creek sewer hook up. We had numerous problems throughout the whole thing from start to finish. The reason I am here is to see if I could connect to the sewer and I have incurred numerous, well totalling about $2700 worth of expenses that I have had to pay out of pocket not including labor. This is just on damages throughout the project. I worked weekends, everything trying to help the project be completed, in fact I was out until 1:00 in the morning last night still trying to get my property back into the condition it was before they did this project. I seeded it, I put in straw to keep from washing it away. I have some pictures here if you guys would like to look at it and see what kind of condition it is in at this point still. I have grass that is starting to come up, I seeded it. We have had numerous problems starting from the beginning of where they entered our property at Franklin. They brought a road down to a manhole and they built the road up level with the fence and I had one of my horses chase another horse chased it over the road of course since it went over the road it got all hung up in the fence. That ended up costing me about $700 total and we were two months Meridian City Council April 16, 1996 Page 31 doctoring it, we had to put it in an enclosed area because it ripped it open clear to the. chest. We had to keep him contained because every time he took a step it sucked air inside his body, clear through his skin and we spent two months doing that and in the meantime they are doing this project out there and they pulled a concrete truck in there and of course it hit the air brakes coming in my drive way and scared the colt and he jumped out of the fence and broke two of my gates, bent them all up and nobody informed me of that. I come home from work and it was standing there with its back leg bent out of site. I called a vet in -on that and had it checked out. The next morning I asked the guys about it and they go oh yeah we changed the gates out and put him back. That I incurred $200 on the gates there. The price of what it cost me for the vet fee. The different things where it lists Masco let me use some of the equipment I was using the equipment trying to get the property back into the condition it was. They couldn't they kept digging it instead of getting it to where it would irrigate property they would dig it up and I would get big holes, washes everything. To bring a long story to an end this is what I have ended up with and I would like to know if I could have some of this removed on my cost of hooking up to the sewer basically is what I am asking. Morrow: Mr. Mayor, I have a couple of questions here, with respect to everything that I see before me indicates that the easement here is on property owned by Gary and Sandra. Cullip: That was the original owners at the time of the contract yes. Morrow: Is there any record of sale that indicates that you are the owner? Cullip: I have the contract right here. Morrow: is it a recorded contract? Cullip: (Inaudible) We had the contract in April of 1995 on the property and that is when we started fixing it up putting in all of the stables and stuff for the horses and we have had our horses out there for seven years now. Morrow: My next question is with respect listed here for the rest of the project andut says erty ere of the standard apparently that isthe City purchased Powder River gates which is apparently a grade above what they put on other properties within this project. Cullip: If I may comment on that, the gate they used is the cheap ones that they have over at D & B, they are $39 they are the, they are just a utility gate is what they are. My horse walked up and bumped it with its chest and it just bent like that. The neighbor next to me had his gate replaced also because the cows in the pasture next to him was rubbing their Meridian City Council April 16, 1996 Page 32 but on it and bent it in about a foot just from rubbing against it. The gates that they had up originally has sheet metal that is wrapped in metal and it has raw edges and I explained to them that I have had somebody that had horses that got his hoof in there and it just laid it wide open. It is just a raw edge sheet the Hamel brand Ie. The Powder River is ust said something that would hold cally for cattle and I didn't specifically request J up. Morrow: And were these gates in replacement to gates of yours that had been there or are these totally new installations? Cullip: No they were the replacements of the original ones they were installing, they did not install them. They started installing them and that is when I had one of the horses come up and rub against it and it just bent. It is a real light utility gate is what it is, just a utility gate. Morrow: I understand that, but my question is were there gates there before, before this project started? Cullip: Yes Morrow: And what brand were those gates? Cullip: They were a different style, they were really heavy gauge metal, I can't specifically think of the brand name. Morrow: But they were on the property prior to the project. (Inaudible) Cullip: Oh, they were just fenced areas, but they had to put a gate so they would have access coming through the road. Morrow: So for these two gates there was no prior gate in that area. Cullip: Right, it was just fence is what it was. Morrow: Then, apparently around, there is an issue of $1155 of concrete around culvert heads. There was apparently 11 of those done. Cullip: Okay, they put culverts in because the water was running across the road and it was washing the road out. So this is something that I had Rick come out and look at and Meridian City Council April 16, 1996 Page 33 he said okay we need to put culverts in,, j said where this is washing it here and here and here and I showed them the places and then they come out and they were installing the culverts. Well on the end of, `mese culverts when they cut_ them they leave little spike shavings or the metal virien they cut it and it was poking out on the ends. I just made a suggestion that wp ,4oeed to put a collar or something on that because if, a horse hits it, it is going to !^ay the bone open. of course you can understand my concern with all the prons I had previously to that. I had a mare. -that stepped on a survey stake and drove ?,b`four inch piece of wood up into her. hoof too above and beyond the other (inaudible). Morrow: With respect to this particular survey stick was it within the easement area? Cullip: Yes it was within the easement. What happened is they had the horses divided off, they were coming in and they were doing the work. Well the neighbors would flood them out so, they would just pick up and leave and go do other jobs. Then they would come back and try to do some more work and their equipment would sink, it just had water standing down there. They built all the dirt up to a certain area, well when the neighbors watered it would run down and seep right down because they had it dug lower than what the water level was. So it would seep into the areas that they were working. Morrow: This is irrigation water? Cullip: Irrigation, yes sir. Morrow: And the purpose of the culverts underthe road was to get the irrigation water into the (inaudible) C�illip: To the other side of the pasture, because when they put the road in they were block,�ng the water from getting to the other pasture area that the natural water flow, the irrigation event over through the other pasture and (inaudible). Would a picture give you .a better idea. (Inaudible) All of this fencing that I have added here to keep this all separated t;,and. here that is not in:,that cost, that is above and beyond. I just put down the cost of the things. But see the natural flow of the water came down here and went down through the pasture and into the creek there. Well went they built the road, see how it dammed up -all the water, it lust came down and it was washing out the road. Morrow: So let me ask you this is th6�,• ,. any access now across this to the pasture that is between here and the creek? Cullip: Through the culvert yes. Morrow: No, my question is your anim3;s don't cross this road to this little bit of.pasture Meridian City Council April 16, 1996 Page 34 here. Cullip: No, I have it divided off right now. I am going to be another year without hay on half of my property because of this whole project that is why I fenced all of this off so that I can get it to grow before I turn my horses out onto it. Morrow: Let me rephrase the question, do you use any of the grass between the edge of this road and the edge of this creek? Cullip: Right now? Morrow: Yes Cullip: I just put the horses out onto it now. Morrow: Okay so they travel back and forth across this road to this land? Cullip: Just on the road to this land. This is all separated off, and the only reason I have them down there is because I just planted the top section which is in one of those pictures, this top section here I just planted that whole thing. In fact I have gone through and had to reset all of their posts. This is how they left the fence, that was their fence job, that is the quality of the work that they have done on it. I have redone the fence work and stuff. In fact I have gates that you can grab them and the posts that they are connected to you can just lift them up and down. So I have to water settle all of those too. Morrow: Let me ask you this we have a letter here from Masco and I will read a couple of the paragraphs. It says, "in order to get Rod Cullip to agree that he had been reimbursed from Masco Inc. we furnished him with seed and fertilizer for his pasture, he borrowed our backhoe on a couple of Saturdays, he also made use of our road grader to grade his pasture the way he liked it and we installed a four inch sewer line for him at no charge. Rod Cullip recently expressed to me within the last couple of weeks that he felt that he and Masco were even for any inconvenience caused him by the sewer work we did on his property. If I can offer any assistance please do not hesitate to call. Doug McMasters, President." Do you have a comment concerning that position? Cullip: Well, it is not as far as, you have seen the amount total of what it has cost me. As far as does it equal out, no. What he is saying is they are not liable for any of the stuff that happened because we had that discussion (inaudible). Masco came out at the same time and said that neither of them were at fault for everything that happened. It was my problem and that is what they both told me. Because of the horses getting hurt, the different things that I have had to do to put it back in the original condition. They just up and left the job, Meridian City Council April 16, 1996 Page 35 they were doing other work, they couldn't work there because they kept getting water, penetration through there and it would sink their equipment. The reason they left that grader it was for one day my brother came down from Alaska who is the original owner and that is what he does is excavation. He used that grader in one day what took them a week to attempt to do. What he did is leveled it out so the irrigation water would pass down through the area that they did all the work. Because there were dips and humps and water wouldn't run right and all of that (inaudible) four wheeler with a little dozer trying to get it all leveled out with the irrigation coming through it. I requested for Doug to let me use the backhoe to go down there and build up a berm because the water was going across the area they did the work and washing out the road. That was the extent of the work they have done with the backhoe and with the grader. Morrow: Did Masco furnish you with seed for the pasture? Cullip: The seed they left was five bags of fertilizer, about 10 pounds of university mix and about 30 pounds of another mix, which was not*adequate, it was only enough to do about half. So I went and bought all of the seed and seeded everything. That was just, they were figuring on 20 or 30 foot path or whatever they said there but it was actually, I measured it was 90 feet was the disturbed ground that they had done the work in. That was 450 yards was the total length. Morrow: I have no more questions. Corrie: Other members of Council questions? Rountree: I have a question for counsel, on exhibit C on the packet I have the last item, item 5, it seems to be a remedy here or at least the conditions that (inaudible) property would be returned to its current status (inaudible) design elevation, etc. My question is that the cost of the City or is that to be (inaudible) contractor? Crookston: It is kind of hard to tell from this document, it references in I at the very end, it says as specified by the grantor except as provided in paragraph in 1A, VI. This in exhibit C, the way I read this these are things that must be done by either the City or the contractor. Corrie: Mr. Crookston, do we have a contract with the contractor as well that states that they or us is responsible for that? Crookston: I haven't looked at it for quite some time Mr. Mayor. In I it says that the property owner fully understands that sheds, buildings, fences, trees and other types of improvements cannot be replaced within the permanent easement as specified in this Meridian City Council April 16, 1996 Page 36 easement agreement. I guess the question is are the problems actually in the easement, were they outside of the easement? Cullip: They had 70 feet that was for the working easement. Rountree: My other question is this easement is not with these folks but with your brother apparently. How does that play into this? .. . Crookston: It would depend upon how the property was transferred from the previous owner to Mr. Cullip as to whether or not Mr. Cullip took it subject to the easement agreement, as to what rights Mr. Cullip has. Just on my initial reading of that it would depend upon where these things happen. Cullip: We have had the property in our family for 25 years, my mom and dad had it originally and then my brother bought it from them and then I bought it from my brother in April of last year. Crookston: Bruce, you have a comment. Freckleton: Yes, I just wanted to bring up a point, when we were trying to get this project closed out which we have been trying to do for quite some time. We sent a letter to the record owner Mr. Gary Cullip in Alaska, he was the one that executed the agreement. We sent him a letter explaining to him that Masco was nearing completion of the project and that we would like for them to respond back to us with anything that was yet to be completed. We got no response to our letter, we did follow that letter up with a certified letter that said please respond to us within X number of days or we will assume that everything is done to your satisfaction. We got no response to that letter. So, I don't know how that plays into this. Cullip: The other letter that he sent, my brother had sent down to me, I had called Rick Clinton at that time to let him know and he also said in here that he didn't realize that I was the property owner. On 3-29-95 we all met out at the property except my brother of course they were in Alaska. My mom and dad, me and my wife and with Gary Smith the City Engineer at 1:00 P.M. on Wednesday and we had discussed that they were going to run the sewer through the middle of the property and Gary had expressed his concern prior to that they keep it as close to the creek as possible. At that time I told them that we were in the process of working out a deal with my brother to buy it and that was in March and that was prior to this work taking place. When I bought this we bought it in April of 1995 and they had started the work right after that. In fact, maybe it was before that actually they started the work. It was on March and we got it in April. Because on March 22, when we bought it I had a mare that had twins and she aborted them and I just buried them out on Meridian City Council April 16, 1996 Page 37 a mound out there and a couple of days later they came in with the dozers and just dug, it all up. That is what this whole thing that is how it started. Crookston: Where you buried them was that within the easement? Cullip: It was up above the easement, but like I said they went more than 70 feet, they took a whole section out because they needed a place to pile all of the dirt so they could do all the work. Then they used my driveway as a staging area. Bentley: Mr. Mayor, Bruce, do we have any feel of the pre -construction site? Do we have any video tape of the pre -construction site? Freckleton: We video taped the entire corridor of the project prior to construction yes. Bentley: Have they been reviewed? Freckleton: I don't know, I could find out. Gary Smith and Rick Clinton and Tim Elliott have pretty much handled that project. Tim being our on site inspector. Bentley: Mr. Cullip, I have a question for you, the four inch sewer line that they placed on your property free of charge what do you expect the worth of that is, the value of that? Cullip: He sent me a bill for $350. Bentley: Are you currently hooked up to that? Cullip: No I am not and it is only half way, it is not over to my septic it is only half way out to the driveway. Crookston: You are not talking about connecting your septic to the sewer are you? Cullip: No, but right at the septic is where they had it and then run it over to the sewer when they connect up. No, not by any means. That is why I am here to request to be connected to the sewer. Crookston: I just have one comment in our sewer and water bonds we have a restriction against granting any free connections. . Cullip: I am not asking for a free connection. I am just asking for a trade out. Crookston: That is what I am saying, if it is the Council's desire to do this you need to Meridian City Council April 16, 1996 Page 38 characterize it as because this has occurred that the City recognizes that it has an obligation if it does. I am not saying that the City does in any fashion but if the City decided that then that needs to be set forth that is payment for the sewer connection because you cannot grant it without payment for the connection. I would like to look at the document again, the easement it is rather difficult to do it, I didn't read it but it is rather difficult to give any kind of interpretation until you look at it more substantially. Freckleton: Mr. Mayor and members of the Council I did want to bring one other point to your attention, the service line stub that was brought off of the trunk line toward Mr. Cullip's property was not part of the original plan set as approved. This was a later added stub the City issued a change order for this at the request of Mr. Cullip as I understand it. We did get billed $1020 for that stub and typically it has been customary in the past that cost is passed onto whoever is hooking up. So, that should probably be taken into consideration when you are considering the cost of connection here. Cullip: When I asked about that being hooked up they said that I was not going to get charged for that, that they would provide it to the easement and then I would have to pay from the easement to my property. Rountree: Apparently that is the case, the City got billed for it is that correct Bruce? Freckleton: Yes, we got the bill for the connection off of the trunk line. Who was it that told you you wouldn't be charged for that? Cullip: Rick or Tim I am not sure which one was out there when they were doing it. I think it was probably Tim, I didn't see Rick very often. Rountree: Bruce, has this project been finalized? Freckleton: No it has not. Rountree: So there is still remedy for an existing situation out there that may not be correct? Cullip: And to bring up something else too, when I received Rountree: Excuse me Mr. Cullip, Bruce? Freckleton: Remedies for the current situations, we would like to get this thing put to bed. We feel like we have done quite a bit on this particular site trying to get this resolved. don't know if that answers your question or not. Meridian City Council April 16, 1996 Page 39 Rountree: Well (inaudible) but there is (inaudible) property would be returned to the similar, state that it was prior to construction. That has not been done and that needs to be done. If it has been done then the remedy is there. Some of these other problems with respect to the contractor and animals I am not sure that the easement addressed that nor (inaudible). Freckleton: I think the issue with the confusion over who we are dealing with has been there for quite some time. Our records, the Ada County Recorders office and the Assessors Office still list Mr. Cullip'as the record owner of the property, they hold the easement, we dealt with them to secure the easement. We felt like they are the player in the game. Bentley: Mr. Mayor, I would be willing to make a motion that we table this for the next meeting and in the interim have staff review the preconstruction tape to get their input back on the site inspection and then get the input from counsel. Rountree: Second Corrie: Motion is made by Mr. Bentley, second by Mr. Rountree that this be tabled request for sewer hook up until May 7 with staff input, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Rod what we will do is get some more staff input on this one and get back on the 7th if you would like to come to that meeting we will get in contact with you. ITEM #15: AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING: Corrie: They are asking for relief in completing the landscaping, irrigation system along the frontage until after the opening of Fred Meyer, two retail buildings of lots 2 and 5. Council, I guess they are setting up for your questions. Durken: For the record I am Larry Durken, I am the developer of record for the project. There are really three areas that we would like to talk to you tonight about and go over as detailed or as briefly as you desire. But this, the first area is the landscaping north of the loop road. Everyone is familiar I think with the site and the condition of where we are. You are aware now that the Highway District is doing a substantial amount of work here. That has caused us some delays, we have been ready, willing and able to go forward for some time but the scope of work for the contact there was a lot of negotiations between the City of Meridian and ACHD that delayed their start and delayed, limited our ability to complete interoffice to: Mayor and City Council Members cc: File from: Bruce A. Freckleton re: Rod Cullip - Request for Sewer Connection date: May 1, 1996 We will have the pre -construction video and photographs of the Five -Mile Sewer Trunk available for your review on Monday and Tuesday, May 6th. &7th. We feel that viewing these items should better equip you in your decision making process. Please feel free to stop in when you have a few minutes. Thanks from the desk of... Bruce A.Freckleton Assistant to City Engineer Meridian Public Works Dept. 33 E. Idaho Avenue Boise, Idaho 83642-2600 (208) 887-2211 Fax: (208) 887-1297 or 887-4813 MERIDIAN CITY COUNCIL MEETING: MAY 7 1996 APPLICANT: ROD CULLIP ITEM NUMBER; 6 REQUEST; REQUEST FOR SEWER HOOK UP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING:- APRIL 16 1996 APPLICANT: ITEM NUMBER; REQUEST; ROD CULLIP: REQUEST FOR SEWER HOOK UP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property y of the City of Meridian. P R 99. aTY a g April 10, 1996 Members of City Council and Honorable Mayor, I, Rod Cullip, would like to request to hook up to the sewer that was run through our property at 1821 E. Franklin Rd. At that time I was informed the cost to hook up was $1370.00 if in the city limits and double if in the county. Due to numerous hardships that we experienced throughout the entire project from the first day on 3/22/95 when we buried twin foals that our mare had aborted. A few days later, the dozer came in and dug up the buried twins and tore up one half of our lusious pasture. Our plot is six acres and this project rendered one half of our pasture useless for going on the second year now. The next event we experienced was on 5/26/95. Sonny, my stud colt, was running from another horse and ran up over the newly installed road that was above the sewer to a man hole next to Five Mile Creek, and got all hung up in the fence corner that was level with the road. This was in the north west corner next to Franklin Rd, apparently no one realized when you build a road to the height of the fence, the fence should be extended above the road the same height as what it was off of the pasture! Sonny's front right forearm was ripped open clear to the chest cavity, and his knee bone was exposed. The Vet cut a chunk of meat the size of my fist off his forearm. Sonny ripped the stitches out in a couple of days so we had to keep him confined to a stationary position because each time he took a step he would suck air into his body cavity which could kill him. Twice each day and for two months we flushed his wounds and medicated him. Then on 6/20/95, a concrete truck was brought in through our driveway next to where Sonny was confined in between two 16 foot gates and a fence. The air brakes on the concrete truck scared the stud, he tore up the gates and injured his hind legs trying to get away from the concrete truck. I was not informed about any of this until the following morning, after I had already had our vet come out and check Sonny to see why he couldn't walk. That next morning I was told by a construction person named Rob what had happened that previous day! Rob said he replaced the mangled gates with two new gates I had laying next to my corrals. These two fiasco's cost me $889.78 in vet bills, medication and the replacement of gates! On 7/15/95, our mare, JoAnn stepped on a wood survey stake driving a four inch chunk into her front foot. For two weeks, JoAnn had to be confined to a dry area. The wound needed to be cleansed and wrapped and antibiotics administered twice daily. This little episode cost us $234.70. From that point the rest of the project was a juggling act of moving horses from one section to another. Time and time again between survey crews, gates were left open, giving my horses access to the busy Franklin Rd which at that time was 50 mph. I pulled in my driveway after work to find my horses about to enter Franklin Rd! I also had to fix fences that were disturbed by the construction. The entire project was a disaster from neighbors flooding the construction crews to where they were unable do any work, so they would leave to another project. I personally spent weekend after weekend including evenings trying to put my property back to its original condition. As of now, I am still trying to complete that almost impossible task. I have recently just leveled for irrigation, planted grass seed, and intermixed straw to protect against soil erosion. I am installing temporary fencing to separate the disturbed ground from the sewer project to keep our horses off until I have a pasture again like I had before the sewer project. It will be at least another year before I will be able to let my horses graze on the one half of my property destroyed by the sewer project. Judging by last year, this loss of pasture will cost us an additional $1200.00 in hay expense through this year. The fencing has cost me $451.00 which does not include the permanent fencing I installed on one side of the reseeded pasture. All of the expenses above total $2775.48, this does not include any of the many months of my labor. To bring all of this to an end, I feel my request to hook up to the sewer at no additional charge to me would be a fair exchange for all the headaches and hardships I have endured during this project, and will continue to endure until my property is restored to its original condition. Sincerely Yours, rf -44 SIO 1 PINE A / L RT I -L lON o� Gruber Lateral Y n RT a] 1-L I -\""1\ I I r RT RT I ill RT R1 '61- RT `�8g� � �'�111• \� OC ST ✓ R8 �y HEI H BENTLEY AYE.LOCU 1 RT A lei F1 I GF 1 iH�klm i --L ►-L RT A r Gruber Lateral -- vans pr \ L )CUS T GROVE �\ RT LANAR STREET ' . RT IN UST IAL RK `\\ R tRT j R 1 GREE NHI L GR EN RT RT ST ES E AT S R1 S BDI ISI N SUI 31DIV S RT R1 RT R8 HEI HTSUB IVIS101 EN BENTLEY AYE. R 1 RT (gyp R I E La u-��-I yEIGH , S .. interoffice ME M ORAN D U M to: Bruce Freckleton cc: Mayor, City Council, File from: Rick A. Clinton re: Request to connect to City sewer By Rod Cullip. date: April 16, 1996 I wish to offer the following information for your use in considering this application request to connect to City sewer. The negotiations for the easement were with the owner of record, Gary L. Cullip and Sandra L. Cullip, husband and wife. Rod Cullip has indicated that he is now the owner of record. The recorded easement states on the first page , item B. " Now, therefore, in consideration for the foregoing premises and for One Dollar and for other good and valuable consideration , the sufficiency of which is hereby acknowledged by the Grantor, the Grantor, for his heirs, successors and assigns, hereby grants the easements ...". The cost of the service line within the easement that Masco installed has been billed to the City in the amount of $1020.00 as a change order and should be passed on to the customer. I did not quote this cost to Rod Cullip when he questioned me on hook-up fees last year as this cost had not yet been incurred by the City. I did inform him that there would be a late comers fee in addition to the assessment, however I stated that I was unable to quote the amount as the latecomers fee has not yet been determined. It should be noted that the service line has been constructed without any inspections, testing, or from the desk of... permit. It is also unclear where the service line terminates,( in the vicinity of the foundation per Rick A. Clinton Masco) therefore, I can not confirm whether or Engineering Technician City of Meridian not it is currently connected to the City sewer 33 East Idaho Ave. system. Meridian, Idaho 83642-2600 1 have requested an itemized list of the (208) 887-2211 compensation that Masco states that they have Fax: (208) 887-1297 provided to Mr. Cullip in exchange for his labor and inconvenience related to this project. Upon the request of Rod Cullip I recently visited the site with himself and Masco Supervisor- Bill Smith. The nature of the visit was to try to resolve the concerns of Mr. Cullip that he had been treated unfairly by both the City and the Contractor. A site inspection revealed the there was a significant amount of large river rock in the area to be reseeded. I ask Bill why that had not been restored and seeded. His response was that Rod had requested some excavation equipment be left on the site for a weekend or two, to allow Rod to regrade the property to his own satisfaction. Bill stated that the rocics had been cleared twice, prior to Rod regrading the field with Masco's equipment. Bill said that Masco had purchased grass seed and left it with Mr. Cullip .Rod has indicated that he had agreed to seed the pasture for the use of the equipment. Bill Smith indicated that Masco had billed Mr. Cullip for the excavation cost of the service line from the easement boundary to the termination of the line. In an attempt to resolve Rod's discontent ,Bill stated that he would reverse the charges for the service line construction. Mr. Cullip did issue a complaint to me previously that the gates that were installed on his property were inferior and that he wanted the City to purchase Powder River Brand gates for all gravel access road crossings. The City complied with his request and purchased the gates with the understanding that Mr. Cullip would install the new gates himself as Masco felt that they had complied with the terms of the contract and should not be required to duplicate the installation of the gates on Mr. Cullip's property. Mr. Cullip also expressed to me the he was not satisfied with the installation of the culverts as he felt that his horses might cut their feet on the sharp culvert ends &- He requested that we construct concrete headwalls. I informed him that I was not sure that I agreed with him, but after a review of his request with Gary Smith, I authorized Masco to pour concrete head walls on all of the culverts within the Cullip property. This cost the City $1,155.00 @ $105.00 per culvert head wall times eleven. Mr. Cullip expressed to me, a frustration with the City for not concluding business in a timely fashion. I responded by telling him that there was never any notification to our office that he was the owner of record to indicate to me that we should be dealing with him rather than his brother Gary Cullip. The City had sent a letter to Gary Cullip requesting any conditions of final acceptance be noted within a designated period of time. When the deadline expired with no response from Gary Cullip we felt we had satisfied the land owner. I have checked with Shari Stiles and she has stated that the information in her Arc View indicates that Gary &- Sandra Cullip are still the owners of record. In response to Mr Cullip's letter dated April 10, 1996, There was a temporary construction fence specified during construction for the purpose of protecting livestock and children from the construction area . It is not clearly defined in the specifications when the fence should have been removed. I am unable to determine if it was removed prior to the injuries to his horses. 04-16-1996 04:52PM FRO' MASCO,INC TO 8871297 P.02 ' •480 Henry�Street { i Boise; Idaho 83708 ' s Phone: (208) 362619 Fax-, "(200) 3$2•$199, ` C tin 41#3 46•, ''19.96', :: i t . •Risk ;C3 ntcin ! " : • i. tW� ty. ,:'ofMer iciia[rt s 3.3-E., td"o• .AVnue { Re: Rod :Ctil li;1#6nde i '. � Dead•• '1�$ok:, �' ; i • ' ' . ', '� , :. ,''i � ,: , { LtX '.;e:Y ; �LO.:,tr�d Gul l ip to a x'ee' t:. . :'tlai load •,:bs" s reimburs.ed from ', na''scc •Iiia. , ..we: iuritis d tht V tli`. shed,::'.. '. ., fe ti'l r` for �is''•pasture, : he b'orroweid 'o= 'ba. oe. fan ." ' cou Q • Sa tit dale tie.: a] sa ad!.use of our road, y�.adr��, ,tip' grade•:his ;j?O.stii the: tday: he laked a rjd' we: :installed a 411 - sewer . service' lin6-:,:f��r,. � �i-z: at -tio,-Charq,e;. Rod''Clllip, iec46ntly'e�it,essed to me; (fn��:th'in the .fast cQt3gl*, df weeks)' that ' ' ,i ' tYiat he and Mai o, • w$rc� ev f r .. , ' crit onv nence :loused h' ion' kiy'. Vie, sewer work's'we rl'ir�' azi. •k�i prcp,6,r If I'cariifsr'1i1j.;urther ass istancte;sa do,not IK Kai L l�tit g c!4a'st DR14s j k' . ! TOTAL P.02 IZec'd vgl rj5 EASEMENT AGREEMENT This Easement Agreement is made and entered into this 1�tday of January, 1995, by the undersigned Gary L. Cullip and Sandra L. Cullip, husband and wife, 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, Meridian, Idaho 83642, and its successors and assigns (the "City") and for the benefit of the Grantor and present and future owners of all or any portion of the Five Mile Drain Property (hereinafter described) for the following reasons: A. The City desires to provide sewer service to the "Grantor's Parcel" and other property in the vicinity referred to in this Agreement as the "Five Mile Drain Property" by means of a "Sewer Line" to be constructed through the Grantor's Parcel, all of which are generally depicted by Exhibit A, attached hereto and incorporated by this reference. B. The Grantor recognizes that the presence of the Sewer Line and the availability of City sewer service to the Grantor's Parcel is a material benefit to the Grantor and such Grantor's Parcel. Now, therefore, in consideration of the foregoing premises and for One Dollar and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Grantor, the Grantor, for his heirs, successors and assigns, hereby grants the easements hereinafter described and agrees as follows: 1. Grant of Easements. The Grantor hereby grants to the City and its successors and assigns the permanent Sewer Line Easement and the temporary Construction Easement, each of which is more particularly described below: a. The Permanent Sewer Line Easement. The Sewer Line Easement hereby granted consists of the permanent and perpetual right to excavate, grade and backfill for the installation, repair, maintenance, alteration, support, lowering or raising of, and to install, repair, maintain, alter, support, lower or raise, and utilize the Sewer Line in, into, upon, over, across, and under a strip of land ten (10) feet on each side of the center line described by Exhibit B attached hereto and incorporated by this reference; additionally, Grantor grants to the City the right of permanent access, ingress and egress, to and from the easement, sewer line and manholes, to perform the acts stated in this Easement Agreement. In furtherance of the foregoing, the Sewer Line Easement includes, but is not limited to, as well the following — (i) the right to grade the strip of land described above and to extend cuts and fills for such grading into, on and along such strip as the City shall deem necessary and the right to use the permanent easement for construction purposes, as set forth in this Easement Agreement during the construction and placement of the sewer line; (ii) upon completion of construction of the trunk line across the Grantor's Parcel and the construction easement has expired, the City of Meridian, and its assignees, have the right to access the Grantor's Parcel for the purposes of inspection, repair, and maintenance of the Sewer Line as required; any access other than through the easement will be by permission only and permission must be obtained prior to access. HOWEVER, Grantor shall not unreasonably withhold permission; if an emergency exists and it is necessary to proceed through Grantor's property to gain access to the easement and grantor's permission has been attempted to be obtained, but permission has not been obtained, City shall have the right to access the easement through Grantor's parcel. c\msoffice\winwordVetters\1426\cullip eas- 1 lA9/95-Final (iii) the right from time to time to trim and to cut down. and clear away any and all trees and brush now or hereafter on said strip of land or that may be a hazard to the Sewer Line or interfere with the exercise of the City's rights hereunder; (iv) the right to install, maintain, and use gates in any fence that now or hereafter crosses said strip of land; (y) the right to mark the location of said strip of land, its centerline or the Sewer Line by suitable markers set in the ground; (vi) as long as the Grantor's property remains undeveloped, the City shall have the right to gravel all of the easement, or portions thereof, for access purposes, and the City shall have the right to place manholes in, and/or on, the surface of the easement and shall have the right to access the permanent easement and the sewer line and to maintain and repair the sewer line, either before or after the development of Grantor's parcel. The Grantor shall have the right to remove the gravel as his property is developed but City shall still have the right to access for maintenance and repair; and (vii) when, and as, Grantor's property is developed, Grantor grants to the City the right of permanent access to the easement, the sewer line therein, and the manholes, as stated in the first paragraph of this section 1. a. (viii) the Grantor further understands and agrees that the Nampa -Meridian Irrigation District shall be authorized to use any road or access described above, for its inspection, repair or maintenance of the Five Mile Drain. b. The Construction Easement. The Construction Easement hereby granted consists of the right to perform work necessary or advisable for the construction of the Sewer Line, including but not limited to surveying, excavation, installation, repair, maintenance, alteration, support, lowering or raising, and inspection or testing of the Sewer Line, and related incidental excavation, grading, roadwork and the like necessary or advisable to complete construction of, and to place in operation, the Sewer Line and related service road (the "Construction Work"), which Construction Work shall be performed, occur in and be confined to the space that is upon, over, across, and under a strip of land sixty (60) feet on the right side of the center line described by Exhibit B, attached hereto and incorporated by this reference, which sixty (60) feet includes ten (10) feet of the twenty (20) permanent easement. Since the construction easement is fifty (50) feet and the permanent easement is twenty (20) feet, the City shall have seventy (70) feet within which to perform construction. The Construction Easement shall expire when the construction contract terminates. C. Exercise.of Rights through Third Persons. The Grantor understands and agrees that the City shall be entitled to exercise the rights hereby granted by the employment or other arrangement for employees, agents, consultants, independent contractors and other persons engaged for any portion of the Construction Work or, in connection with the permanent Sewer Line easement, to excavate, grade and backfill for the installation, repair, maintenance, alteration, support, lowering or raising of, and to install, repair, maintain, alter, support, and lower or raise the Sewer Line and related service road. 2. Grantor's Title and Authority. c\msoffice\winword\lettere\1426\culIip eas- 2 1;19/95 -Final Tt� Grsantor D cm»ro=u,' rgwwnis and wssnAntt to ft G.,, dot owh Omantor has foe We to ,fo g&&" al. doEcribal in Exhibit "A" and full pour orad aathoriiy t4 grant the mer Lino P,aaCmetlt and the Oo tlon Easement. a. Axl1,11.eabcc t rr of The description of lite Sad Uwff kine is not a promise by tiro Oty to build vxb a sewer line. b•Pev6flU and MIW= ta,Btb. Lh IM #A4 Tho bombs NO bciona of this ttVftmM shall Mn with LW M. The Oty its wAhmixed to sword this Agr=noK in tt m=ds of Ada County, Idaho. . TIAs Agar wM ropn*m the cnnire a reetsrCnt botween the star and the City oovering Oc subject -stutter hs; 4 rq%*dog and supaveiiiag all prior and other c�Orassaxs ;dts+ttsssia, rqrtacrattttiaras, vnclorst"tty ad agreamcnitt. This Aneamcnt shall rssx * rszo Wk4 except by a vki ttr n Instrument cxeouted by the party or pasties to be bound. d .M19 . 'Ilse Grusdar rtasenu tho rot to urs the land within either eamtnent (tiro Con uructiou Eucnncttt find the Sower Easeneerst) foot Aq ow that doe: seer intorfero with tho hell eq" of ft its granted; prm-idad, bmvevor. tba Grantor Wt+ana►nts;, for himself, his and - assigns, not to #rtsil4, erect or agy structure, ingwovoment, well or other asst tcWn on either strip, or to diminish or substantially add to thts $round reeves over the Sewer Linc, w tr� tva2 Rbc *ithin tiro bwnds M Citha eascmM; provided, Wher, the t�ntoes oavonant not to bt,ild, area or vmgruct Kith,n the C.orastnuzion Eastsncttt ZhO cts►tac what ttte Ganstruction RWmont e:OX I t . ne Cawuor age oh go the cootidenA recited herein is for W4 ghts gxantod and includes P u.Vtl fait compcmtimt for any damage to or dWaution in value of OW t�nlot's 1?ssrecl. f - Unica the context spccirumtly rogWm od%,.mix, the tin$tslttr includes the plural, seed vem and ossch gender WUd" every other po t. Its parOcular, but not by way of limitation, ft T M "C'rmntor" tMlwles jointly send srcvemly "6 ww +ovay petoon or lopl wAity who executes this 48r4ownt in that capacity. In addition to the forgoing, this Esats$mam Agreement ineagtatot heroin Exhibits A.1 , :;A C, w4 particularly thw4 q;ial provida-as sot font in Podhibit C, all of Much Exhibits aro aslt d d ,ret O ow incxr" aced by this ret'emxxc. b. 'rWs agroamcm WWI ra be binding upon ttw phrtios WWI all of &A PUtk* have tigtred and tho lcridlan Ctt} Co=il shall hsve authorized, or ratifiW, ttsc t IVOuru of the Mayer and City Cie& In with= hof. the Casantor has c4used this iastesitew A$mmtat to iro duly txoWW and dolivered on the site {ir,»,abx�ac asttttt}. "T^ r ro Gary l,.t�lii q\ \+�at�naont\i\112\14111p aaa- i I •ice tea.' � iT �.` �1:y v'F': L'i cr ' 9TAn Cid'. %'- 51-'4 Catnty of Ado l ��dra L. Cutlip City of mickidlo ��rat��'11�r1 By wallsm 'G. Berk, h., Ci3y trti c fl— o� this � /� dAy Of ?tui fy. 1995, bdort mc, Htud to rat (ar pmvod to mo on the oath at ___), to be the parson w WW4 to to the within iuctnovot. and WcwModood to trey that he executed tits am. tIWSS WEt WOW, I bave bm=to tart my band and Affixad my oftieial ul the day ad year in this cmificatt firswritten. NMA.RY, W Commission itviresz I Mn CW IDAI(� Cwmy OT Ada I thisy of iararaty, i 945, bc�ara mzr % .� f pdonnity appeared Sarsdin L, t itip, Qr i+i�atitia! W tna (ar ptrrr'ed to tttc on !bn girth od ��), to be dw pemn whm nam is tOW�IbW to the within instrutttcrtt, MW set wMtdpd to me that he oxxwed the tax, tTLW=r 7ESS WHEREW, t bm hmm"40 90 MY hand m d ttti'ixod my oiftW mW the day and year in this o somal bra written. i Ui A Residing �+ �wt,�.o\tli6\c+i7ltpsa 4 My Commission Expires / D " 6 STATE OF IDAHO ) ) ss. County of Ada ) On this 3L day of January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Grant P. Kingsford and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ARY UBLIC.FOR IDAHO Reidin at M mmission Expires c\msoffice\winword\letters\1426\cullip eas- 5 1/19/95 -Final Exhibit A: Depiction of Five Mile Drain Property, the Grantor's Parcel and the Sewer Line Exhibit B: Center line of Sewer Line Easement Exhibit C: Special Provisions c\msoffice\winward\lettere\1426\cullip eas- 6 1/19/95 -Final ROYLANCE AND ASSOCIATES PA MW� Engineers Surveyors Landplanners 4619 Emerald Suite D-2 Boise Idaho 83706 (208) 336-7390 GARY CULLIP NOVEMBER 24, 1994 PN 9306-1426 EASEMENT EXHIBIT EXHIBIT B Roylance & Associait , P.A. Ei ,,,neers - Surveyors - Landpianners 4619 Emerald, Suite D-2, Boise. Idaho 83706 November 17, 1994 Telephone (208) 336.7390 Fax (208) 336-7391 Project No. 1426 (See Attached Map dated 11-17-94) REVISED December 20, 1994 REVISED January 19, 1995 Legal Description For Gary L. and Sandra L. Cullip Sanitary Sewer Easement in the vicinity of 5 -Mile Drain from Magic View Subdivision to Union Pacific Railroad, Ada County, Meridian, Idaho A 20 foot wide permanent sanitary sewer easement being 10 feet each side of the following described centerline, and a temporary construction easement contiguous with and 60 feet to the right of said following described centerline, being situated in Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monwnenting the Southeast Corner of the Northeast 1/4 of said Section 17, thence along the southerly line of said Northeast 1/4 South 890-51'-35" West a distance of 2606.79 feet to a found steel pin monumenting the Southwest Corner of said Northeast 1/4, thence North 89°-51-35" East along said southerly line a distance of 178.51 feet (formerly South 89°-57'-15.8" East a distance of 177.75 feet to a point on that public right-of-way shown on the plat of Amended Magic View Subdivision, (a recorded subdivision on file in Book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho), thence leaving said southerly line and along said public right-of-way southwesterly a distance of 58.54 feet along the arc of a circular curve to the left, said curve having a radius of 45.00 feet, a central angle of 74°-3 P-57", a chord bearing South 52°-35'-36" West, and a chord distance of 54.50 feet to a point, thence leaving said right-of-way South 89°-5 P-31" West a distance of 46.09 feet to a point, thence North 63°-27'-09" West a -distance of 100.17 feet to a point, thence South 89°-49-52" West a distance of 423.58 feet to a point, thence North 52°-20'-03" West a distance of 309.61 feet to a point, thence North 42°-06'-33" West a distance of 359.50 feet. to a point, thence North 40°-44'-54" West a distance of 397.77 feet to a point, thence North 09°-30'-19" West a distance of 306.57 feet to a point, thence North 17°-39-54" West a distance of 232.42 feet to a point, thence North 73°-13'-12" West a distance of 232.41 feet to a point, thence North 589-28'-03" West a distance of 136.48 feet to a point, thence North 20°-09'-09" West a distance of 142.34 feet to a point, thence North 14°-31'-46" West a distance of 205.62 feet to a point on the southerly line of the Gary L. and Sandra L. Cullip property as described in Warranty Deed recorded as Instrument No. 83 0663 5, dated February 9, 1982, said point being the POINT OF BEGINNING Thence North 14°-3 P-46" West a distance of 288.83 feet to a point, Thence North 13°-19'-43" West a distance of 255.21 feet to a point, Thence North 34°47-58" West a distance of 180.70 feet to a point, Thence North 54°-45'-50" West a distance of 159.90 feet to a point, Thence North 80°-13'-53" West a distance of 296.11 feet to a point, Thence North 000-00'-00" East a distance of 30.12 feet to the POINT OF TERMINTJS, being on the northerly property line as described in said Warranty Deed. Prepared By: c:\msoffice\winword\jyll\1426cull.doc ROYLANCE AND•ASSOCIATES, P.A. 4619 EMERALD SUITE D-2 BOISE, IDAHO 83706 (208) 336-7390 FAX (208) 336-7391 EXHIBIT C ADDITIONAL EASEMENT LANGUAGE FOR THE GARY CULLIP EASEMENT AGREEMENT (a) An 8 inch diameter sewer service line opening in three separate manhole bases will be provided to the property owner. This sewer line manhole opening will allow future sewer connection for the property which generally lies east of Five Mile Creek and into the Five Mile Creek Trunk Sewer Line. Selection of which three manhole locations to be designed for the sewer service line opening will be determined by the property owner with confirmation by the City Engineer's office. To expedite design of these sewer service line manhole openings, the property owner needs to select the three preferred manhole locations within ten (10) days after signing this easement agreement. Each 8 inch sewer service opening will be plugged in the manhole. A drawing will be provided to the property owner showing the field location and all appropriate dimensions and elevations of the sewer service line opening. (b) During construction of the Five Mile Creek Trunk Sewer Line project, temporary fencing will be installed to mark and isolate the construction area and prevent livestock and children from entering the active construction zone. Temporary fencing will be five foot high galvanized chain link fence fabric securely mounted on steel tee -bar fence posts. (c) During construction of the Five Mile Creek Trunk Sewer Line project, the property owners' livestock will be allowed safe access to Five Mile Creek for stock water. (d) During construction of the Five Mile Creek Trunk Sewer Line project, all property corners within the construction area will be established or reestablished with appropriate survey pins and markers. A drawing will be provided to the property owner showing field locations and appropriate dimensions of all property pins and markers. (e) To provide for routine sewer maintenance by the City of Meridian, the property owner must allow the City permanent all-weather access to each manhole that is constructed on the grantor's property. Access to each manhole that is constructed on the grantor's property must be available to the City as follows: a. Prior to Future Development or Current Property Situation: By signing this easement agreement, the property owner agrees to allow the City of Meridian to construct an all-weather access road across and through the Grantor's property to drive City owned sewer maintenance equipment to access the manhole locations. City agrees to contact grantor by phone or mail to coordinate access arrangements prior to actual use. City will take precaution to close all gates, minimize property disturbance to livestock and farming facilities. b. Future Property Development or Redevelopment Situation: By signing this agreement, the property owner agrees to incorporate permanent all-weather access to each manhole that is constructed on the grantor's property, into any future development or redevelopment plans of the property. As part of this agreement, the City will cooperate with the property owner to determine workable and reasonable permanent access alternatives as part of the future development plans for this property. And after the property is developed or redeveloped, the City shall allow the Grantor to remove the all-weather gravel access road above the sewer line. c:\msoffice\winword\leftm\1426\cuilip.exd -1 1126195 EXHIBIT "C" ADDITIONAL EASEMENT LANGUAGE FOR THE GARY CULLIP EASEMENT AGREEMENT PAGE TWO BD;S= F E i= 2V. t .. RE00R ILD T ST OF (fl The City of Meridian and the property owner mutually understand and agree that permanent all-weather access to each manhole is absolutely required for sewer line maintenance. The City of Meridian and the property owner mutually understand and agree that permanent all-weather access to each manhole must be incorporated into any future redevelopment plans or subdivision design of the grantor's property. (g) A 20 foot by 20 foot area surrounding each manhole, within the permanent easement, will be improved with 10" thickness of compacted 3/4" (-) road mix gravel on a stable subgrade to support city owned sewer maintenance equipment in all-weather field conditions. (h) Prior to development of the parcel, in the event of a pipe failure, break, collapse or similar documented problem in the area between manholes, the City will attempt to use the permanent easement to gain access to the problem location and make necessary repairs, but in the event that access is prevented, the City may use grantor's property to gain access. The City fully understands that after development of the property access between manholes may not be on a gravel all-weather surface roadway. The City also understands that land within the permanent easement which is used for repair or maintenance will be restored to the condition prior to the repair work or maintenance between manholes. (i) The property owner fully understands that sheds, buildings, fences, trees and other types of improvements cannot be placed within the permanent easement as specified within this easement agreement. After construction of the Five We Creek Trunk Sewer Line project, the Grantor's property will be returned to its current state, design, and elevation including removal of any surface rock raised by constructing the sewer line and the area reseeded with pasture grass as reasonably specified by the Grantor; except as provided in paragraph La. (vi) of the Easement Agreement. c:\'-office\winworcMeftm\1426\cullip.exd - 2 1126195