HomeMy WebLinkAbout99Apr06 CC Mtg MinsMERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 72
Corrie: Were you sitting in the office when his wife in there one time or was that Mayor
Kingsford and I were sitting there and she made the comment overhead her dead body,
but I think Mr. Rountree has a good point.
Smith: For the easement?
Rountree: For those who don't know -
Gigray: I would caution against that if her dead body was a requirement.
Corrie: Anyway I think maybe if the Council agrees, maybe have Gary and the City
Attorney work with Mr. Simunich and see what we can do also with the recommendation
of Mr. Rountree. Anybody have any problem with that?
Bird: I have no problem at all.
Corrie: I like your idea.
Rountree: I think at least that way we get something out of the deal.
Corrie: Okay.
2. GRANT OF EASEMENT /BRIGHTON CORPORATION.
Smith: The Ashford Greens Subdivisions No. 3 and 4 are the two little cul-de-sacs that
more or less parallel Black Cat Road and the golf course property, there is need for a
drainage pond to accept the street run off from those two cul-de-sacs and in light of that
there's a request for the City of Meridian to grant an easement to Brighton Corporation
for these drainage ponds. I don't know do you have any questions concerning that
grant of easement form?
Rountree: Mr. Mayor I don't have any problems as it relates to the form, but I still am
not sure about us granting that easement to Brighton until we know we've got all our
issues with the golf course that they're related with resolved. I know there's some
issues as it relates to interconnectability of the ponds on the golf course with respect to
their development and the movement of water and the draining of water on to and off of
the golf course. I'd like to see all of that stuff done before we accept or agree to do
anything more with Brighton. It's going to go on. It's going to be a -it's not a legacy I
want to leave to somebody else to have to deal with.
Bentley: Mr. Mayor I would agree. It's time to get this thing closed up and if this is the
vehicle we got to use then we need to use it.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 73
Bird: I agree with Charlie on it. I also thing that there's some things in the agreement
that Brighton and Ashford Greens hasn't lived through on their part like bringing
easements and bringing the utilities down into the site of the new subdivision.
Rountree: For the clubhouse? It's there.
Bird: Yeah, Wally paid for it is what I was told. Anyway I agree with the guys.
(Inaudible)
Gigray: The other thing we'll need to check is to make sure we're in compliance with
our lease agreement because this is subject to a lease and we don't want to be in
violation of our lease agreement by granting an easement over property that we've
leased.
Bentley: (Inaudible)
Bird: It's a mess.
Corrie: They've got to get a conditional use -
(Inaudible)
Corrie: Did he answer your question then Gary?
Smith: Yes, sir.
Corrie: Okay.
Smith: Can I ask one more quick question?
Corrie: You sure can.
Smith: We're dealing with property owners for easements on water and sewer line
extensions, and I'm finding more and more that the property owners are not willing to
grant us an easement for $1 and other valuable and so forth considerations. What they
are wanting is other monetary considerations, and I don't know whether any of you have
any ideas as to how I should proceed on this or if you want me to bring these back to
you individually or how you would like me to proceed. I mean I can negotiate these
things on what I feel are the best terms we can get. But I don't know where this ultimate
decision lays. If it's at my door, that's fine, or if you want me to bring it back to you for
your input. I guess I throw that out for some direction, and I don't even know what I'm
talking about in terms of dollars.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 74
Rountree: I guess it would seem to me if there's a negotiated amount or a tentative
amount, unless it's a line item budget for negotiated fees for rights-of-way, I would think
that you would have to bring that before the Council for approval. If you get to a point
where you can't negotiate a reasonable fee, or something that may exceed the fair
market value, then I guess you bring that before the Council to see if we can get into a
condemnation situation. But the one thing I would caution against is protracted
negotiation. ~ Set a time line, say if I can't do this in 30 days, take it to the Council and
have them either approve condemnation proceedings start and usually once that
happens that scares people for settling for a reasonable amount, and if they don't that's
the only way you are going to get it anyway so there's no sense in spending three or
four months trying to get it. So I guess that would be my thought on it is that it probably
would be something that you'd be advised to come to the Council with.
Corrie: Be on the safe side. Any other comments?
Bird: I agree with Charlie on it. I think it's going to get worse Gary.
Smith: Right.
Bird: It's definitely going to get worse. I think you've got to give an offer. I think we
need to find when you start going after like the trunk sewers and stuff like that you hire
professional people to do it. I think the best thing you can do is go over and sit down
with the City of Boise staff and find out how they do it.
Smith: Well I know how they do it. They go right after the appraised or they get an
estimate of the value and they right out and offer that to the property owner.
Bird: That's the way you got to do it, but you need to get an appraised value. You don't
go out and throw something off the hip that's twice as high as somebody's paying for it.
Smith: Well right now, my budget is not set up for that kind of expenditure. I mean if
we're talking about $2 a square foot and you've got a piece of water line that's 700, 500
feet long and 20 foot wide easement, there's what 10,000 square foot at $2 a foot,
there's $20,000 for an easement.
Bird: That's where you have to -your trunk fees and stuff that's the way you got to get
that stuff in and going on it.
Smith: Right. Thank you.
Corrie: You can read this brochure. This is the Future Foundations. This is a public
(inaudible) deal that they're giving strategic plan for the infrastructure. This shows the
Interoffice Memo
Date: April 1,1999
Ta MAYOR CORRIE
Ca file /Angel Sims
FronC GARY D. SMITH, PE
R~ GRANT OF EASEMENT -BRIGHTON CORPORATION TO CITY OF MERIDIAN
Mayor. Here is a "Grant of Easement" form that we discussed via telephone today. This is the
easement that we have been trying to obtain from Brighton Corporation to complete the drain line from
the aty golf course ponds at Black Cat Road.
Thank you for plating this item on the April 6"' City Council agenda. By copy I am transmitting this
information to Angel Sims.
Regartis,
Gary
GDS
J
GRANT OF EASEMENT
Dollars $ )and other good
The undersigned Grantor(s) for an in consideration of (
anal valuable consideration, the receipt whereof is hereby aclatowledged, does hereby grail and convey unto
BRIGHTON CORPORATION, hereinaller referred to as "Grarrte~cs", whose address is 12426 W. Explorer Drive,
Suite 220, Boise, Idaho 83713, its successors, assigns, lessees, licensees and agcau a perpetual easement for ingress
and egress to the Grantees property anal to construct, rcconsWct, operate, mairrtain and repair such storm drainage
facilities to include pipelines and appurtenances, from tirnc to time, as Grantee may require upon, over, under and
across the folloa~ng described land situated in the County of Ada, State of Idaho, which the Grantor owns or in
which the Grantor has any interest, to wit:
SEE EXl-lIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.
Grantor ftuther conveys to Grantee the following in,~idental rights:
(1) A temporary right-0f--way as described in Exhrbit A until such tiznc as final approval of Ashford Greetu
Subdivision No. 3 is issued by the City of Meridian.
(2) Grantee shall indetwnify Grantor for all damage caused to Crranlor as a resttlt of Grantee's negligent
e~ertxse of the rights and privileges herein granted_
(;) Grantor reserves the rights t.o occupy, use, landscape and develop easement for all purposes not inconsistent
with the rigltts herein granted
(4) Grantee hereby covenants that no building structure of obsmretion will be construed, erected, built or
permitted on said easement area.
The rights, conditions and provisions of this easement shall inure w the benefit of and be binding upon the heirs,
executors, administrators, successors and assigns of the respective parties hereto.
IT IS EXPRESSLY UNDERSTOOD AND ACzREED, by and between the parties hereto, that the Grantee, in
making future repairs, will e.~cpediently replace and restore the premises to a condition comparable to that existing
prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing.
replacing or restoring any building, strueivre, tree or above ground obstrvdion placed within the area described in
this casement.
Dated this day of , 1999.
STALL- OF IDAHO )
ss:
COUNTX OF ADA )
GRANTOR
CITY OF 1VI>ERIDIAN, a municipality and
Political yubdi~~sion of the State of Idaho
By:
By:
On this Jav of .1999, before mc, the undersigned a Notary Rblic in sad far ss~id
State, personally appeared and lmown or identi!-led to m~
to be the and of the CIIY OF MFItIDIAN, Idaho and who
executed the within instnrmc~t, and aclmowledged to m that the City o f Maidiari e~ecutcd the same.
IN Wf1NESS WI-1F1tEOF, 1 Have h,creunto set my hand and affixed my official seal the day and year firs4 about
written.
MAR 30 '99 16 49
Notary Public for Idaho
Residing in
My Crnnmission }:xpires:
208 377 8962 PAGE. G2
EXHIBIT A
. _ : ~ .,~ ASHFORD GREENS
DRAINgQE POND EASEMENT
GOLF COURSE PARCEL
A drainage easement located in the SW1/4 of the NE1/4 of Section 3, T.3N., R1W.r
B,M-, Ada County, Idaho, more particularly described as follows: Commencing at th® 1/4
comer common to Section 4 and the said Section 3, as same is identified in CP$F
Instrument No, 7852748, records of Ada County, Idaho, 13tenc8 Northh 00°38'27" East,
9170.78 feet; th®nce South 89°21'33" East, 65.00 feet to the REAL POINT OF BEGINNING,
7ltenve continuing South 69°21'33' East, 85,00 feet;
thence South 00°38'27" WASt, 178,81 feet;
thence North 89°21'33' West, 85.00 feet;
thence North 00'38'27" East, 178.61 feet to the Point of @eginning.
AND ALSO:
A temporary construction easemenrt focate~d In the SW9/4 of the NE114 of Section 3.
T.3N., R,1W,, B.M.,• Ada Courtly, Idaho, more particularly described as follows:
Commencing at the 1!4 comer common bo Secdon 4 and the said Section 3, as same is
identifted In CPBF Instrum®nt No, 7852146, neoords of Ada County, Idaho, thence North
00.39'27" East, 1170.78 feet; thence South 89°21'33" East, 150.00 feet to th® Ri:AL POINT
OF BEGINNING.
Thence continuing South 89°21'33" East, 19.94 feet;
thence South 00°38'27" West, 233.59 tsar
thence North 49°13"43" West, 85.30 feet;
thence South 89°21'33" East, 45.28 feet;
thence North 00°38'2T' East, 178.61 feet to th® Point of Beglnning_
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MAR 29 '99 14 50 208 377 8962 PAGE. 03