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HomeMy WebLinkAboutPublic Right of Way Easement Sidewalk with Ada County Highway District ACHD for Black Cat Lift Station City of Meridian Public Works Dept. Memo RECEIVED JULl 8 2007 City Of Meridian City Clerk Office To: Will Berg; Tara Green; Sharon Smith From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 7/15/2007 Re: Proposed Agenda Item for July 24, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 24 City Council agenda, under consent agenda, for Council's consideration: Water Svstem Redundancvand Storaae Evaluation. Murray, Smith & Associates Inc. has submitted a task order, scope of work, and budget for this project. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement amendment approved by City Council on the 5th of June, 2007 for the Engineering Services for Miscellaneous Wastewater Projects. This project consists of a comprehensive evaluation of the City's water infrastructure in terms of redundancy and storage as required by IDEO. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Water System Redundancy and Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and authorize the Mayor to sign it. License Aqreement for the North Black Cat Pressure Sewer. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line within the Five Mile Drain has been received by the Public Works Department. This license agreement is necessary in order to construct the North Black Cat Pressure Sewer: Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct pressure sewer line within the Five Mile Drain and authorize the Mayor to sign it. * Public Riqht-of-Wav Sidewalk Easement Contract for the North Black Cat Lift Station. A public right-of-way sidewalk easement has prepared by the Ada County Highway District for . Page 1 the lift station site on Black Cat Road between Ustick Road and McMillan Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the public right-of-way easement contract for the lift station site on Black Cat Road between Ustick Road and McMillan Road for Ada County Highway District and authorize the Mayor to sign it. Riqht-of-Wav Dedication Warranty Deed for the North Black Cat Lift Station. A right-of-way dedication warranty deed has prepared by the Ada County Highway District for the lift station site on Black Cat Road between Ustick Road and McMillan Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the right-of-way dedication warranty deed for the lift station site on Black Cat Road between Ustick Road and McMillan Road for Ada County Highway District and authorize the Mayor to sign it. North Slack Cat Pressure Sewer. Ten bids were received for this project as summarized below and detailed in the attached spreadsheet: . H2 Excavation LLC $398,376.00 . Lurre Construction, Inc $466,491.00 . Sommer Construction, Inc $465,300.00 . Whitaker Construction Company $664,319.00 . T.A. Dibble $870,540.00 . Bodiford Construction, Inc $422,050.00 . Brown Construction, Inc $526,763.00 . Knife River $474,011.30 . McKay Construction, Inc $497,923.48 . Pipe, Inc $579,777.00 The Project consists of construction of approximately 5,147 lineal feet of dual 10"/16" pressure sewers, 63 lineal feet of 15" gravity irrigation pipe, surface repairs, clean-outs, air/vac stations, irrigation manholes, connection vault, dewatering, storm water management, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the North Black Cat Pressure Sewer with H2 Excavation LLC for $398,376 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 ~~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08/10/07 11:11 AM T4N R1W sec 34 RECORDED~nREQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~ III MSPR-07-47 Meridian City 107113635 (Reserved for Ada County Recorder) PUBLIC RIGHT-OF-WAY EASEMENT (SIDEWALK) THIS RIGHT-OF-WAY E SEMENT (SIDEWALK) (the "Easement"), is made and entered into this day of ' ~ ~ 2007, by and between City of Meridian, whose current addl' s is 60 E Watertower, Suite 200, Meridian, ID 83642, hereinafter referred to as "GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACRD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate") and is in the process of developing the property adjoining the Servient Estate, and on the terms and conditions hereinafter set forth, GRANTOR desires to grant this easement on, over and across the Servient Estate to ACRD for the public uses and purposes hereinafter described, reserving the right, however, to construct a concrete sidewalk (hereinafter the "Improvement") thereon. 1.2 On the terms and conditions hereinafter set forth ACRD desires to extend its system of public sidewalks to include that to be constructed by GRANTOR on the Servient Estate, and upon GRANTOR's completion of construction of the Improvement on, over and across the Servient Estate, and when ACRD has accepted the same, ACRD desires that the Improvement and the Servient Estate become a part of its system of Highways (hereinafter "Highways") as that term is defined in Idaho Code, section 40-109(5), for ACRD and the public use hereinafter described. ACHD's system of Highways is hereinafter referred to as the "Dominant Estate". 1.3 As provided in Idaho Code, section 40-1412, ACRD Ordinance Number 190 and the ACRD Policy Manual, the adjacent property owner has the responsibility to pay for the repair and maintenance of the Improvement. Sidewalk Easement, page 1 (11-19-01) S:WCHDR1MDeeds-Easements\Sidewalk Easement-MSPR-07-47 N Black CAt Lift- 6-07.doc SECTION 2. Grant and Authorized Use. GRANTOR hereby grants to ACRD a perpetual and exclusive easement for a public right-of-way on, over and across the Servient Estate for the Improvement, for use by those members of the public who are pedestrians (as defined in Idaho Code, section 49-117) and by bicyclists (if the Servient Estate is located in an area where bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of utilities to use the public right-of-way, and for ACHD, its employees, agents and contractors access to inspect, repair and maintain the Improvement. SECTION 3. Reservation of Access for Construction by GRANTOR: Covenant to Construct: Repair and Maintenance. 3.1 GRANTOR reserves access to and from the Servient Estate for GRANTOR and GRANTOR's employees, agents and contractors to construct the Improvements thereon. 3.2 GRANTOR covenants and agrees to construct the Improvements on the Servient Estate in accordance with designs approved in advance by ACRD, in writing, ACRD policies and good engineering practices, at no cost or expense to ACHD. SECTION 4. GRANTOR's Indemnification. GRANTOR shall indemnify and save and hold harmless ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the construction of the Improvement, and including reimbursement for any costs of suit and fees of its attorneys which are incurred should ACHD be required to defend any such claims or actions. SECTION 5. Term of Easement. The term of the Easement herein granted to ACRD is perpetual. SECTION 6. Covenants Run with the Land . This Easement is a burden upon the Servient Estate and appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 7. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACHD forever. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR Sidewalk Easement, page 2 (11-19-01) S:WCHDR1MDeeds-Easements\Sidewalk Easement-MSPR-07-47 N Black CAt Lift- 6-07.doc warrants to the ACRD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACRD. IN WITNESS WHEREOF, this Easement has been duly executed by the GRANTOR the day, month and year herein first above written. GRANTOR City of Meridian \\\\~~„~ ~ ~ ~ ~T,~J?my de Wei ATTEST: ~ ~~~°~~F 0 SEAL CI CLERK ' ~, 1 7Q T , g-c STATE OF IDAHO) /~~~''%~~'c~,~~~; ~ `~~~`~e,\ County of Ada ) Mayor ~,~ Cj~~ C~ow~.~ ~ z ~-a ~ ON THIS ~ day of ~u~~-1 , 2007, before me a Nota Public in and for said State, personally appeared Tammy de Weerd and W;~I~amC ~C~ T~'' known to me to be the Mayor and Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument, and acknowledged to me that they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••••••. ••• 1Vi. Gl~;•. • . ti, .~ otary Public for Idaho • My Notary Commission Expires 1(S-~ (-l ~ ~ ~ ' • . ~ • Residing at ,mod IN~L( ,Idaho ~, • :~; . AC~,Z ,, ~,0. Sidewalk Easement, page 3 (11-19-01) S:WCHDRIMDeeds-Easements\Sidewalk Easement-MSPR-07-47 N Black CAt Lift- 6-07.doc Project: 10-OS-026 Date: May 30, 2007 EXHIBIT A-1 SIDEWALK/LANDSCAPE EASEMENT That portion of the Northwest'/a of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on Record of Survey 7917, Instrument No. 107073620, and more particularly described as follows: Commencing at the West'/a corner of said Section 34 from which the Northwest corner of Section 34 bears North 00°27'22" East, 2,631.60 feet; thence along the Westerly boundary line of said Northwest'/ of Section 34; North 00°27'22" East, 651.37 feet; thence South 89°32'38" East, 48.00 feet to the POINT OF BEGINNING thence continuing along said line, South 89 ° 32'38" East, 20.00 feet; thence South 00°27'22" West, 145.10 feet; thence North 78° 15'37" West, 20.39 feet; thence North 00°27'22" East, 141.11 feet to the POINT OF BEGINNING. Containing 0.066 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. LA1yD~ ~TE~~~P ~ s>,5 ~30'0~0 ~+~ ~~~oR of l oy~tis E. 1<1 GEH:Ihc P:\PHK\10.05-026-Meridian North Black Cat\Admin\Descriptions\SIDEWALK-LANDSCAPE EASE.doc S89'32'38"E 48.00' S89'32'38"E 20.00' ~~ `~ P.0.6~ __ _._ _ ~ ~ _.._ ._._ I ~rn ~ I I ~_~ Q O D: Q U U m ~I M t0 W R N N 1~ N O Z ~ W. 1 /4 CDR. SEC. 34 -~ ~ ~ ~I-o ^~ ~,~ ~~ W I I N N N N n III ~I $I3 ~$ ~ ~ I N X75 37 W -,..., ~ -~. 39' `,,, _ N. ~.~ CAD FILE: LS~SIDEWALK THIS DOCUMENT, AND THE ID AND OESI N INCORPORATED HEREIN AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE P0.0PERiY OF PROD. 1: PHN/1ppS.~ JdJi ENGINEERS, MG AND 19 NOT TO BE USED, IN WHOLE OR PART, pLOT SCALE: 1'S0 FOR ANY OTHER P0.0dECT WITHOUT THE EIfPRE85 WRITTEN AVTHORIZATIIX-1 OF JLJ ENGNiEERR, Ine. DMWING NO. BY: BAK ~L ~~ SCALE: 1 "=50' V~B , EXHIBIT A-1.1 sHe1 -~ LIFT STATION OF '~"'~"' SIDEWALK/LANDSCAPE EASEMENT 1 Meridian City Council July 24, 2007 Page 3 of 70 D. Approve New Beer and Wine License for Gelato Cafe by Gelato Cafe LLC at 2053 E. Fairview Avenue, Suite 101: E. Lease of Property between the Union Pacific Railroad Company (Lessor) and the City of Meridian (Lessee): F. Approve Additional Plat Signature for Gramercy Park Subdivision No. 1 in regards to City ownership of Kiwanis Park lot: G. Water Main Easement Aareement for Pine Street Warehouse by Capital Hill Holdings, LLC: H. Water Main Easement Agreement for Fairview Lakes Building by Fairview Lakes, LLC: I. Approve New Beer and Liquor License for Baia Taco Beverage Concession by David Edmark at 1735 W. Franklin Road, Ste 120: J. Public Works Chanae Order No. 1, Water and Sewer Improvements in Conjunction with ACHD West 1S Street, Washington to Cherry Road Project for a cost of $88,800.00: L. Approve Contract for WWTP Security Fence with Butte Fence, Inc. for $47,571.35: M. Approve Contract for Water System Redundancy and Storage Evaluation with Murray, Smith & Associates, Inc. for $10,000.0: N. License Agreement with Nampa Meridian Irrigation District for the North Black Cat Pressure Sewer within the Five Mile Drain: O. Approve Public Right of Wav Sidewalk Easement Contract for the Lift Station Site on Black Cat Road between Ustick Road and McMillan Road for ACHD: P. ~ Approve Right of Wav Dedication Warranty Deed for the North Black Cat Lift Station with ACHD: Q. Award Bid /Approve Contract for the North Black Cat Pressure Sewer with H2 Excavation, LLC for $398,376: Meridian City Council July 24, 2007 Page 4 of 70 R. Second Amendment to Lease Aqreement for Office Space between the City of Meridian and the State of Idaho by and through the Department of Correction: S. Resolution No. 07-569 VAC 07-009 Request for a Vacation of the public utilities, drainage, irrigation easements, a future road easement and a farm access easement for Lots 3, 4, 5 & 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by ATM Development, LLC -north of Victory Road and west of Locust "Grove Road: T. Resolution No. 07-570 VAC 07-013 Request for Vacation of the public utility easement platted on Lots 1-3, Block 2 for Doris Subdivision by Teach Investments and Seagle Three, LLC - 1330 East Fairview Avenue: U. Resolution No. 07-571 Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: V. Addendum to Development Agreement: AZ 06-007 Request to modify Section 4.1 of the original Development Agreement for Solitude Subdivision with Solitude Development, LLC and Providence Development Group: W. Aqreement for Professional Services for Polygraph Mentorship, Education and Training Services with Idaho Polygraph Association for $4,000.00: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda Item K needs to be moved to 6-K and Item X needs to be moved to 6-X. Item S, T, and U are Resolution number 07-569, 07-570, 07-571, and with that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. Meridian City Council July 24, 2007 Page 5 of 70 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved from Consent Agenda: K. Public Works Budget Amendment for the WWTP Security Fence in the amount of $65,000 for FY 2007: De Weerd: Thank you. Well, there were two items moved from the Consent Agenda to Item 6. So, we will first hear item 6-K. Mr. Grady. Grady: Madam Mayor, Members of the Council, I would just like to amend that budget request to read 50,000. The contract for that was around 47. That allows for small change orders, rather than the 65. De Weerd: Thank you. We always like to see them go down, rather than up. Any questions from Council? Do I have a motion to approve? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton, I move we approve the Public Works budget amendment, the security fence, in an amount not to exceed 50,000 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-K. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. X. Item 6-X is a request for approval of a new beer and wine license for Rick's Press Room Restaurant. De Weerd: Council, Item 6-X is a request for approval of a new beer and wine license for Rick's Press Room Restaurant, located at 130 East Idaho Avenue. Mr. Nary.