Loading...
HomeMy WebLinkAboutUtility Easement Requestinteroffice M E M O RA N D U M to: Walt Morrow cc: CUary S., File from: Brad Watson, E.I.T. re: Cherry Lane Golf Course -Utility Easement Requests by Brighton Corp. date: December 16, 1996 Attached are two utility easement requests. One is specifically for US West Communications and the other a public easement. Granting of this easement would require that the golf course sprinklers be moved further south along W. Ashford Blvd. The area circled in red has already been damaged extensively by the developer. I have shown on a sketch the location of the golf course's other existing pipelines. I will aslc Brighton Corporation to provide legal descriptions of the proposed easements. Please let me know if the proposed easements are satisfactory_ or if the City requires more infornlation. Thanks. from the desk of... Brad Watson, E.I.T. Assistant City Engineer City of Merdian 33 East Idaho Ave. Meridian, Idaho 83642 881-221 I Fax: 887-1291 C:1BW1M2\WM1216.MEM f. .. ~~ EASEMENT AGREEMENT The undersigned Grantor(s) for and in consideration of zero Dollars ($ 0.00 )and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto the PUBLIC, hereinafter referred to as "Grantee", its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such public utilities, landscape and irrigation facilities and appurtenances, from time to time as Grantee may require upon, over, under and across the following 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 EXFIIBTT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following incidental rights: (1) A temporary right-of--way to be used during all periods of construction, reconstruction, reinforcement, repair and removal upon a strip of land 10 feet wide on either side of said easement. (2) The right of ingress and egress over and across the lands of Grantor to and from the above- described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor convents that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby convenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. ~w - :~~ Any claim controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. Dated this day of . 19 Grantor Grantor (Official name of company or Corporation) sy Its Grantor (Individual Acknowledgment) STATE OF IDAHO ) ss COUNTY OF ADA ) (Corporate Acknowledgment) STATE OF IDAHO ) ss COUNTY OF ADA ) On this day of 19 _, before me Notary Public, personally appeared ,known or identified to me (or proved to me on oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same (SEAL) Notary Public My commission expires: On this day of 19 _, before me, Notary Public, personally appeared known or identified to me (or proved to me on oath of ), to be the of the corporation that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. (SEAL) Notary Public My commission expires ~'. - ~ o ~ 0 ~---~ ' ~ ,\ ., ~ i t ~ + I I 1 JRN-09-1997 14 23 NUBBLE ENGINEERING 1 208 378 0329 P.02/08 .JAN-09-1997 14 23 RUBBLE ENGINEERING 1 20B 37B 0329 P.03i0B tr .~ \~ MU~~~,E ENQINEERING, INC. !y 8550 Bethel Court ^ Boise, Idaho 83709 2081322.8992 • Fsx 208l378A329 Project No. 9308201 January 8, 1997 DESCRIPTION FOR 1J71LITY EASEMENT "A" ASHFORD GREENS A utility easement located in the SW1/4 of the NW1/4 of Section 3, T.3N., R,1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2687.49 feet; thence along the West boundary line of said Section 3 North OD°38'27" East, 308.93 f@6t; thence leaving said West boundary line South 89°21'33" East, 404.91 feet to a point on a curve to the ryght, said point also being the REAL POINT OF BEGINNING; thence along said curve 46.54 feet, said curve having a radius of 250.00 feet, a central angle of 10°38'6" and a long chord of 46.39 feet which bears South 49°22`43" East to the point of tangency; thence South 44°03'20" East, 130.41 feet; thence South 08°18'10" East, 17.11 feet; thence North 44°03'20" West, 150.29 feet to the beginning of a curve to the left; thence along said curve 38.86 feet, said curve having a radius of 240.00 feet, a central angle of 9° 16'41" and a long chord of 38.82 feet which bears North 48°41'41" West; thence leaving said curve North 05°39'31" East, 11.58 feet to the Real Point of Beginning, containing 1860 square feet, more yr less. Prepared by; NUBBLE EN GGC/vw11144.des INC. Gregory G. Carter, P.L.S. ~~, 4 JAN-09-1997 14 24 RUBBLE ENGINEERING 1 208 378 ©329 P.04i08 " '~' FIUBBLE ENGINEERING, INC. ~ - - - ti 9550 Bethel Court ^ Boise, idaha 837 208J322.8992 ^ fax 208137&0329 Project No. 9308201 DESCRIPTION FOR UTILITY EASEMENT "B" ASHFORD GREENS Jana~ary 8, 1997 A utility easement located in the SW1/4 of the NW1/4 of Section 3, T.3N., R.1W., B.M.. Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2697'.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 935.92 feet; thence leaving said West boundary line South 89°21'33" East, 923.94 feet to the REAL POINT OF BEGINNING; ', thence North 51°14'15" East, 10.00 feet; thence South 38°45'45" East, 39.00'feet to the beginning of a curve to the right; thence along said curve 161.46 feet, said curve having a radius of 235.00 feet, a central angle of 39°22'00" and a long chord of 158;31 feet which bears South 19°04'45" East to the point of tangency; thence South Op°36'15" West, 5.00 feet; thence North 89°23'45" West, 10.00 feet; thence North 00°36'15" East, 5.00 feet to the beginning of a curve to the left; thence along said curve 154.59 feet, said curve having a radius of 225.00 feet, a central angle of 39°22'00" and a long chord of 151.57 feet which bears North 19~°04'45" West to the point of tangency; . thence North 38°45'45" West, 39.00 feet to the Real Point of Begiinning, containing 2020 square feet, more or less. Prepared b RUBBLE E GGC/vw/1146.des NG, INC. Gregory G. Carter, P.L.S. JRN-89-1997 14 25 RUBBLE ENGINEERING ~; ~ + 1 288 378 8329 P. 85%88 *`~% "`~. HUBELE ENGINEERING, INC. Q\ y 8550 6ethel Court ^ Boise, Idaho 83709 2081322.8992 ^ Fax 208/378.0329 Project Na. 9308201 DESCRIPTION FOR UTILITY EASEMENT °C" ASHFORD GREENS January 9, 1997 A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, mare particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 frorn which the NW corner of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 770.73 feet to the REAL POINT OF BB(iiINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'58" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet tathe Real Point of Beginning, containing 300 square Beet more or less. Prepared by: RUBBLE ENGINEERING, (NC. GGCIvw/1147.des ~ a ~~~~ c ~,, 1 ~ 9 ~~~'~o ~~F'~~' of ~°~'~ `- ~. cA Gregory G. Carter, P.L.S. },y -; JAN-09-1997 14 25 RUBBLE ENuINEERING 1 208 378 0329 P.0bf06 '`' `~ I~UBSLE ENCINEEI~IN~, lNC. e `~ A 9550 Bethel Court .Boise, Idaho 83709 2081322-8992 s Fax 208/378-0329 Project No. 93Q8201 January 9, 1897 DESCRIPTION FOR UTILITY EASEMENT "D" ASHFORD GREENS A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W114 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2697,49 feet; thence along the West boundary line of said Section 3 North OcD°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East., 685.73 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23`04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepared by: NUBBLE EN ING, iNC. GGC/vw/1148.des Gregory G. Carter, P.L.S. ~' ~ JAN-09-1997 14~2b RUBBLE ENGINEERING 1 2E~'a 379 ®329 P, d7i0B ~' HUB6LE ENGINEERING, INC. h 9560 Bethel Covrt .Boise, Idaho 83709 2Q8f322.8992 ^ Fax 208!378-0328 Project No. 8308201 DESCRIPTION FOR UTILITY EASEMENT "E" ASHFORD GREENS January 9, 1997 A utility easement located in Government Lot 4 of Section 3, V.3N., R.1W., B_M., Meridian, Ada County Idaho, more particularly described as follows: Gommencing at a brass cap monument marking the W1l4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2897.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" Eas#, 625.73 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Reel Point of Beginning, containing 300 square feet, more or less. Prepared by' hiUB6LE ENGINEERING, INC. GGClvw/1149.des Gregory G. Carter, P.L.S. ~ , JAN-09-1997 14 25 RUBBLE ENGINEERING 1 208 378 0329 P.08i08 '~~ N RUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court w Boise, Idaho 83709 2081322.9992 ^ Fax 201378-0329 Project No. 930!3241 January 9, 1987 DESCRIPTION FOR UTILITY EASEMENT "F ASHFORI, GREENS A utility easement located in Government Lot 4 os: Section 3, 1~.3N., R.iW., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W114 of said Section 3 from which the NW corner of said Section 3 bears North p0°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 521.31 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North $9°23"04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginining, containing 30D square feet, more or less. Prepared by' RUBBLE ENGINEERING, INC. GGC/vw11150.des Gregory G. Carter, P.L.S. T~JTAL r`.'aR IW ~~ BYi hton g Corporation December 13, 1996 Mr. Brad Watson Assistant City Engineer City of Meridian Meridian, ID 83642 RE: Utility Easements in the Golf Course at Ashford Greens Subdivision Dear Brad: ~- ~~ ~~~ ~~ ~~ Imo, ~.! ,l'1~ ____ I have enclosed forms to be signed by the City of Meridian for utility, landscape, and imgation easements in the new golf course at Ashford Greens Subdivision. The location of the easements is adjacent to the public right of way for the most part. When the golf course was conveyed to the City, we inadvertently went forward without retaining sufficient easement along the right of way to cover and protect this construction work. Brighton Corporation will restore these areas to their present condition by fine grading, replacing sprinkler lines, and reseeding after construction is complete. We will do this restoration just as quickly as weather and soil conditions permit. There are two easement forms enclosed--one for U. S. West and the other for the rest of the utilities, landscape and irrigation. I have conveyed to Councilman Walt Morrow also our commitment to restore these areas along the right of way that are impacted by construction. Sincer~l , ~•' ,~, ~. e Ta~ Brighton ~ 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 TEL 208-378-4000 FAX 208 ,i77-89h2 /~ ~z FUTURE RESTROOMS ~~J ~~ ~ ~ /~ /~i %~: r ~ ,% % "(~ ~ ~ .i r i ~. ~j \ ~ ,~ `. ,\ J~. F r.__._ t~~ ~ ~~. __.._ 4a LF 8` sEwER SI STUB TO BE IN$TAI IN ASHFORD CjiLEtEN CONSTRUCTION t~rj <~'~ ., ,,'~;, ,, • l~ / ,, /I~ J. ~ //~ '' „~ \ ,;! r .~ _~ ~...~ ~ '' e` sEwER d B o %R`~R.O.W^6~~ •` NVERT I ~._ I ~-- \\ / ~ O,r r Vf ,~ ~ ~ 1 ~•` - ` I I I • ~ ~ ~ o o z o ~ ~ ~ ~ ~ D ~\.'v ~, ~, t- ~'~ •~ f INV ELm44.41 - ~ MIV ELm44.31 ~ ~-{• y~~ STD. SEWER1~ y1 r CLEANOUT \ ,. 1~ ~~~~~ ~ '~~ ,' ; ,~ 50' NkiiD ~\t \~ 1,\\ tt ~~ 1, 1 11 ~ ~~~ 1•: 1~~ t' '~ ' a F- a J J_ I Cam') 11.1 M ~~ a~ ~ ~~~~ Q~r 1 10'• 80' .~t'' EXISTING 48' CMP IN EIGHT MILE LATERAL; ADDITIONAL 20-FOOT LENGTH OF 48` CMP TO BE INSTALLED TO THE SOUTH. 40 LF 12' PVC CASING CENTERED ON LATERAL CASING ELEVATION O 44.1' EL WEST END AND 44.7 EL ON EAST END. - ~--.•.•-ocro-s' mss. r+~oAnoN FUTURE CLUBHOUSE ACCESS ROAD _ ,INV _EL±45.01__,._._ CENTER SECTION 3 -~ 1 /4 SECTION UNE YANiNN 78' 25' ~„~,~~ et~wm~ swot ura ~~~s 4' ~" ~ $` FlRE SPRINKLER UNE; ~~ CASE ENTIRE WIDTH OF ~ LATERAL PLUS 10' BOTH ( SmES W/ 18' DIAL1. 3/B` S1EEL CASING. 2` WATER SERVICE UNE; j CASE 80' CENTERED ON f LATERAL W/ 4` SCH 40 PVC. FOUR SCH 40 CONDUITS, 8" SEPARATION. ~ POWER: 5` ~ COAIIAUNICATIONS: 4` ~ GAS. 3` CABLE TV' 4' 1 EACH CONDUIT TO BE BO LF ! ~ CENTERED ON LATERAL ~WNTAN 3•-0" SEpARA71a1 FRCIi 7i~ OF PEE 10 Ei~i- INCa, um+lA~ Itnlorr o.Ev