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HomeMy WebLinkAboutStorm Water Drainage Easement with Lochsa Falls, LLC for Lochsa Falls No. 9, City of Meridian ACHDADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAH011118104 09:38 AM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIII'lll'lllllll'llllll Meridian Ciry 1E~414643$ STORM WATER DRAINAGE EASEMENT (Lochsa Falls Subdivision No. 9) This Storm Water Drainage Easement (the "Easement") is made this ~ day of 2004, by and among the City of Meridian, a municipal corporation (hereinafter "Grantor"), Lochsa Falls, L.L.C., an Idaho limited liability company (hereinafter "Developer"), and Ada County Highway District, a body corporate and politic of the State of Idaho (hereinafter "ACHD"). WITNE5SETH For good and valuable consideration, it is agreed as follows: Section 1: Recitals. 1.1 Grantor owns certain real property located in Ada County, Idaho, that includes two parcels more particularly described and depicted on Exhibit A and Exhibit B attached hereto (the "Servient Estate Parcels"). 1.2 Developer is developing a subdivision in Ada County, known as the Lochsa Falls Subdivision No. 9, and the preliminary plat of such subdivision has been approved by ACHD. When the final plat is approved by ACHD and recorded by Developer, a public right-of--way for streets and related improvements, including drainage easements will be dedicated to ACHD. When the streets and related improvements are constructed by the Grantor in the right-of--way, and ACHD has accepted the same, they will become a part of the ACHD system of highways. 1.3 The portions of the storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate Parcels and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate Parcels, and for the repair, maintenance, reconstruction and enhancement thereof. Section 2• Grant of Easement; Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of--way for storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate Parcels, and for the repair, maintenance, reconstruction and enhancement of the same (hereinafter "Authorized Use"). 2.2 The easements herein granted are exclusive to ACHD, and no structures, fences or other improvements are to be constructed, or landscaping planted (turf excepted), on the Servient Estate Parcels by ACRD, Grantor or Grantor's successors or assigns to the underlying title Storm Water Drainage Easement - 1 '3~e~f„~ F:\FarwestUustin\Contracts\Easements\LochsaFallsNo9StormWaterDrainageEasement.101204.doc r thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate Parcels. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate Parcels must be removed in order for ACHD to perform its obligations to repair and maintain the storm water drainage system, the costs of removal and replacement or restoration of the same shall be the obligation of the Grantor. Section 3• Construction, Acceptance, Repair and Maintenance, Developer Indemnification and Contractor Warranties. 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate Parcels in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association of the referenced subdivision will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have "heavy maintenance" and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Facilities at Lochsa Falls Subdivision Nos. 1-12", a true and correct copy of which is on file with the Lochsa Falls Homeowners Association. Copies are available to any interested party upon requested. Notwithstanding the foregoing, upon the Grantor's development of its regional park in which the Servient Estate Parcels are located the Grantor shall take over from the homeowners' association the landscape maintenance responsibilities only, which responsibilities include primarily grass mowing. 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damage, injury or death caused by or arising out of the failure or neglect of Developer to properly construct and install the storm water drainage system. Section 4: ACRD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the previsions of, and limits of liability set fort in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor and Developer from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. Section 5: Term. Storm Water Drainage Easement - 2 F:\FarwestVustin\Contracts\Easements\LochsaFallsNo9stormWaterDrainageEasement.101204.doc S Page ;.....--+ The term of this Easement is perpetual. Section 6: Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate Parcels and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7: Attorneys' Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8: Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9: Successors and Assigns. This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACHD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate Parcels. Section 10: Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11: Notices. All notices given to this Easement shall be in writing and shall be given by personal delivery, by United States Mail (Certified, Return Receipt Requested), or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below: Grantor: The City of Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Developer: Lochsa Falls, L.L.C. 4487 N. Dresden Pl., Ste. 102 Boise, Idaho 83714 Storm Water Drainage Easement - 3 ~~~ F:\FarwestVustin\Contracts\Easements\LochsaFallsNo9stormWaterDrainageEasement.101204.doc ACRD: Ada County Highway Department 318 E. 37th St. Boise, Idaho 83714-6499 Section 12: Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. ~~~,,,~..~,~,,,,,~ GRANTOR: CITY OF `,.~`~'~y OF MERlp~~~''% ~ ~'~. ~` Ej~~~~FtPORg T~ ~~li ~.; Tammy ayor = ~Al, Attest: By ,~G~- i r ts~ ~ •~ ,: William G. Berg, Jr., Ci Clerk ''%,'9 c ~OP~,;~~ ~JO ,.. :~~~~.}. , Approved by City Council on the day of ~, , 2004. DEVELOPER: LOCHSA FALLS, L.L.C. By ~_ Marty oldsmith, its Managing Member ACHD: ADA COUNTY HIGHWAY DISTRICT By ~ ~ Gary Inselm ,Assistant Manager Storm Water Drainage Easement - 4 1' ~/ F:\FarwestUustin\Contracts\Easements\L,ochsaFallsNo9stormWaterDrainageEasement.101204.doc '3~~~~~~p't' 0~+~ STATE OF IDAHO, ) . ss. County of Ada. ) 2004, before me, a notary public in and for On this ~~day of ~C~~~ca b t' / the state of Idaho, personally appeared Tammy DeWeerd, known or identified to me to the Mayor, and William G. Berg, Jr., known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that su~ corporation executed the same. STATE OF IDAH County of Ada. i®e•4~~1CB L.~s~r ••••. ~OTA,R J m ~...~ ~~ AUBL1C i t!~ • •• O ~g~~G Not P lic for Idaho Re idin at: ~ a w ,Idaho M co fission expires: o On this ~ day of ~c.-Folpe,c- , 2004, before me, a notary public in and for the state of Idaho, personally appeared Marty Goldsmith, known or identified to me to the Managing Member of Lochsa Falls, L.L.C., the limited liability company that executed this instrumen,~~pr~~ '• on who executed the instrument on behalf of said limited liability compan~• ~t~'~d to me that such limited liability company executed the same. w ~°TARr ~~~ C'-dl~v~w-- * ~ ~'~ 'k Notary Public for Idaho pUBLtG Residing at: Idaho ••, ~ ~®..••.. .Y. My commission ex fires: S~1 ~.~0(0 STATE OF ID'~b~~~ ) . ss. County of Ada. ) On this I q day of ~~-~,.~ , 2004, before me, a notary public an for the state of Idaho, personally appeared Gary Inselman, known or identified to me to th~~~~ Qua of the Ad~~~~mlcnty Highway District, the person who executed the instrument on behalf of said ~p~ Dist>riCt~~.~d ibia~led~ed to me that such District executed the same. ~pTAR J, VV•: * : ~.. ; ~ ~ Notary Public for Idaho •; p u B LtG ~ s Residing at: ~YY~.en~ d.~ ~ ,Idaho .~. Jj, ~. .• o ~•` My commission expires: a.~ •'• f ~~ U F 1~ .•' Storm Water Drainage Easement - 5 F:\FarwestVustin\Contracts\Easements\LochsaFallsNo9stormWaterDrainageEasement.101204.doc ,~~g~~!! ( ~ EXHIBIT "A" DESCRIPTION FOR STORM DRAINAGE POND MAINTENANCE EASEMENTS PROPOSED LOCHSA FALLS SUBDIVISION NO. ~ OCTOBER 14, 2004 STORM DRAINAGE POND ACCESS AND MAINTENANCE EASEMENTS, LYING IN PROPOSED LOCHSA FALLS SUBDIVISION NO. 9, LOCATED IN THE NORTH 1/2 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. EASEMENT FOR STORM DRAINAGE POND #14: AN EASEMENT FOR STORM DRAINAGE POND ACCESS AND MAINTENANCE, BEING A PORTION OF LOT 4, BLOCK 38, OF PROPOSED LOCHSA FALLS SUBDIVISION N0.9, LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF SECTION 26, T. 4N., R. 1W., B.M., THENCE S 89°08'53" E 1303.47 FEET ALONG THE SOUTHERLY LINE OF SAID NW 1/4 TO THE BEGINNING POINT OF THIS DESCRIPTION; THENCE N 00°29'24" E 134.98 FEET TO A POINT; THENCE S 89°30'16" E 52.72 FEET A POINT; THENCE S 43°40'09" W 12.73 FEET TO A POINT; THENCE S 00°29'44" W 125.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NW 1/4; THENCE N 89°08'53" W 44.00 FEET ALONG SAID SOUTHERLY LINE TO THE BEGINNING POINT OF THIS EASEMENT DESCRIPTION. EASEMENT FOR STORM DRAINAGE POND #15: AN EASEMENT FOR STORM DRAINAGE POND ACCESS AND MAINTENANCE, BEING A PORTION OF LOT 4, BLOCK 38, OF PROPOSED LOCHSA FALLS SUBDIVISION NO. 9, LOCATED fN THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF SECTION 26, T. 4N., R. 1W., B.M., THENCE N 00°21'10" E 903.39 FEET ALONG THE WESTERLY LINE OF SAID NORHT 1/2 THENCE S 90°00'00" E 1260.27 FEET TO THE BEGINNING POINT OF THIS DESCRIPTION; THENCE S 89°30'36" E 82.42 FEET TO A POINT; 40402-sdease.doc S 41°43'27" E 62.62 FEET TO A POINT ON A CURVE; THE ~ CE ALONG A CURVE TO THE LEFT 88.46 FEET, SAID. CURVE HAVING A RADIUS OF 125. 0 FEET, A CENTRAL ANGLE OF 40'°32'47", TANGENTS OF 46.17 FEET, AND A CHORD WHI H BEARS S 30°26'25' W 86.62 FEET TO A POINT; E THENCE N 89°30'16" 81.25 FEET TO A POINT; THEt~ICE N 00°29'44" E 121.43 FEET TO THE BEGINNING POINT OF THIS EASEMENT DESCRIPTION. WAYNE K. BARBER 40402-~dease.doc i N0. 8444 PaI3e~LAL.St~ 0 0 N Z 0 ~ EXHIBIT "B" N oo•21'io" E 2s~' _ ~1. TEN MILE ° -- -- - z ~ I z I N 1 ~ ~ ~ ~ ~~~ I I I I. I ~I N (~W OI ' G 1~ ~ ~~ 1 I ~ ~~ ~~ ~~ ~~ ~~ ~~ '~ ~m 1 ~ N a ~ ~~-- CREQ( AYE ~~ ~ ~ ~. oR~,y fJ N N ~~ ~ °~•~ ~\. v ~ ~,-. N. _...~ ~ / 'AGO R+4PIDS AVE. u Q A U __ 3E A _ ~~ 'fir M ~~ ~~ i --- ~ ~--- iii ~-- i~ ~--- ; N t y r ~~~ o ~'" ~ __ ~ 1=~--I~~ - ~ A N I~ C ~ m f ~ ~ ~ ~~~ r-- ~ ~ N ____+___ ~- N._BLACK SAND AVE. m 30. ~J ~-I_..LJ-i- • N. BIG CEDAR AVENUE ( ~ / + N , ROAD O yp C P ~~ !~ ~ n x z v 4 m a ~-~•~~~ REwsfGN.: sr: STORM DRAINAGE POND BRIQa3 EN©WEERIN~, INC. MAINTENANCE EASEMENTS LOCHSA FALLS SUBDIVISION N0. 9 B R I G G S SHEET : i OF 1 LACATED IN lAT 4, BLOCK 38, PROPOSED IACNSA FANS ENGINEERS PLANNERS SURVEI'DRS SU& N0.9, IN NW4 SFCiION 26 T4N R1W B.IA. teoD w. ovEmnND KoaD • easE wa~o somas ~ (2oa~aa-s~oo E X H I B I T B DWG DATE: DWG N0. SCALE: enan~_cncecF nwr 1014/04 WKB 40402 1 `= 350' ~ r-~ Meridian City Council October 26, 2004 Page 9 of 28 Watson: Yes. That's right. Bird: Okay. De Weerd: Okay. Any further discussion? Bird: No. I think it's great. Let's go. De Weerd: Okay. I think we need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve and authorize the Public Works Department to move forward with an engineering agreement for 1.3 million dollars for the expansion of the treatment facility. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve. Any further discussion? Mr. Berg, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 3. Storm Water Drainage Easement for Lochsa Falls Subdivision No. 9: De Weerd: Thank you. Okay. Storm Water Drainage Easement. Watson: Thank you, Madam Mayor. The third item is -- before you is a storm water drainage easement for facilities that serve the right of way in Lochsa Falls Subdivision No. 9, but that are located on the Lochsa Falls park site. The agreement that is in your packet is based very much on the storm water drainage easements that were executed between Ashford Greens Subdivision, Ada County Highway District, and Ashford Greens homeowners association some time ago. Given the current or recent issues that arose out of that, those easements -- I think this one has tightened up and it very explicitly describes light and heavy maintenance duties. There is -- as an exhibit to this agreement there is an O&M manual that explicitly lists those duties of light maintenance. There is a special note section on page six and this special note number six came out of the final plat item before City Council. We went back and read those minutes and what we perceived to be the intent of Council was that the homeowners association would maintain those drainage ponds or drainage areas that are located on the park site, but that at some time in the future, if both the city and the HOA decided that it was in the best interest of both that the parks department could assume those Meridian City Council October 26, 2004 Page 10 of 28 maintenance duties. Note number six does need to be revised slightly to say that the Lochsa Falls homeowners association shall be responsibility for light maintenance of the storm drainage ponds in Lot 4 of Block 38 of Lochsa Falls No. 9. And, then, the rest can remain the same. That just very specifically details where those ponds are. The rest of the paragraph says until such time as the park site is improved and both Meridian city and the homeowners association agree that light maintenance duties shall be transferred to the city. I think that protects the city's interest and I have ran this by Doug Strong and I think we are all on the same page at this point and he and I will entertain any questions if you have any. De Weerd: Council, any questions? Bird: Madam Mayor, I don't. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just for clarification, as I recall the discussion, the representative from Lochsa Falls -- we had a discussion about what type of pond and whether the parks department could easily maintain that and it was our choice that the homeowners would maintain that and if it were at a future time to become beneficial that the city could take it over, but not that it was an expectation that the city would ever incur the maintenance for that individual storm drain. So, just to clarify yet once again. De Weerd: That would only be light and not heavy. Wardle: Yes. De Weerd: Okay. Mr. Rountree. Rountree: No, I -- De Weerd: Okay. Okay. Do we have a motion? Rountree: Do we need a motion or just -- Bird: Yeah. We need a motion. Watson: Madam Mayor, Council-member Rountree, yes, there needs to be a motion to approve the easement and authorize the Mayor to sign. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the water drainage easement for Lochsa Falls Subdivision No. 9 and for the Mayor to sign and the Clerk to attest. Meridian City Council October 26, 2004 Page 11 of 28 Rountree: Second. De Weerd: Okay. The motion is to approve the storm water drainage easement for Lochsa Falls. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Quenzer Commons Condominium Plat: De Weerd: Thank you. Okay. Final topic. Watson: Number four. I'm not used to this many. The fourth item is a condominium plat that has come in for approval. This is one of those situations where it meets one of the six criteria that planning director -- the city attorney -- the previous city attorney and I agree could qualify for reduced subdivision requirements. This is located on North Locust Grove Road in previously platted Quenzer Commons Subdivision No. 3. These are commercial lots. The buildings, as I have said in my little mickey mouse staff report here -- I'm not used to doing these, so I threw one together -- states that the buildings are substantially complete, all they are trying to do is -- and I'm not sure this is a word -- condominiumize those four structures. We are just bringing it up before Council for approval, so that I can sign the plat and Will can certify it. Anna or me can answer any questions if you'd like. De Weerd: Thank you, Brad. Any questions? Bird: I have none, Mayor. De Weerd: Okay. Brad, if there are no questions, do you need any form of action on this? Watson: Yes. There needs to be a motion of approval of the condominium plat. De Weerd: Okay. Nary: And Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I had also mentioned to Brad and Anna before the meeting tonight that in the future, if the Council would like, we could probably add these to the Consent Agenda and if you wanted to pull them off for a separate discussion you could do that, but this is just a different one that we have done, so I think that's why they wanted you to see it, but in the future the Consent Agenda would probably be adequate for it. De Weerd: Okay. Do I have a motion?