HomeMy WebLinkAboutEmail by Tim Morgan 10/5Page 1 of 2
Machelle Hill
From: Tim & Julie Morgan [timjuliemorgan@gmail.com]
Sent: Tuesday, October 05, 2010 10:18 AM
To: Sonya Wafters; Jacy Jones; Jaycee Holman; Machelle Hill; Scott Steckline
Cc: Edward Dunn; brucethomas@hopkinsroden.com
Subject: VAC-10-006 -Spring Creek Ustick
Scott -Here is an update since my email last week and as discussed this morning.
The developer sent me a copy of the legal description for the proposed irrigation and sewer easement on
10/1/10 and it seems to meet the intent of our draft agreement. I provided some draft easement language
to the developer on 10/1/10 in an effort to assist him in getting an easement recorded by today. Based on
my discussion with the developer last night, the easement has not been completed; therefore, out of
necessity, the church cannot release any interest in our existing sewer and irrigation easement. We
recognize the existing sewer line may not be contained within the easement dedicated by plat;
regardless, the church claims a prescriptive easement of necessity for our existing facilities.
The developer provided a draft sewer and irrigation maintenance agreement on 9/25/10 and the church
provided comments on 10/2/10. The agreement and new easement need to be executed and recorded
before we can release our interest in the existing easement.
When the applicant first began discussions with the church in March of this year I advised him that any
agreement to sell or encumber church property requires a vote of the church council which only meets
quarterly. Conveniently the next meeting is in two weeks and if the agreement is ready it can be taken up
at that time. I recognize that this may cause the developer some delay, however we have done our best to
try and accommodate the situation.
I appreciate the help and information you have provided. I trust the City will continue to look out for the
church's interests and not allow the developer to build structures over our existing sanitary sewer
facilities until these issues are worked out.
Please feel free to contact me with any questions at 695-7886. I may not be able to attend the meeting
tonight so I ask that you please provide this correspondence to the Mayor and Council Members for their
consideration.
Sincerely,
Timothy R Morgan
Chairman
Property Management Committee
Boise Presbytery
201 Ustick
Meridian, ID
From: Tim & Julie Morgan [mailtoaimjuliemorgan@gmail.com]
Sent: Tuesday, September 28, 2010 2:44 PM
To: ssteckline~meridiancity_.org
Cc: brucethomas _ h~kinsroden.com
Subject: Spring Creek Ustick -Sewer Maintenance Agreement
10/5/2010
Page 2 of 2
Scott - As requested, I am outlining the church's concerns and providing a
proposal for how I think you can allow the developer to proceed. I represent
the church's property management committee and cannot formally bind the
church to any agreements beyond temporary leases. The formal agreement
requires approval by the Presbytery Council that meets on October 18 and the
full Presbytery that meets on November 13. There is a chance that the body
meeting on Oct 18 could be the final approval, however at this time we
should assume the later date.
We want to maintain our access to irrigation water and believe the 2005
letter is out of context. We have since talked to the folks involved in the
sale and they had no intent to eliminate our access to irrigation water. The
developer is proposing to reroute our irrigation, at their expense, to a
pipe as depicted on the attached; we support this proposal.
We are agreeable to the developers proposal to reroute the sanitary sewer,
as shown on the attached, at their expense and utilize it as a shared
facility. The draft agreement assigns all future maintenance (including
expense) of the shared facility to the developer. Our existing sanitary
sewer line needs continually maintained except for a short window when the
developer switches to the new facility. We are happy to work with the
developer to facilitate this.
Since the maintenance agreement is not in place and must be voted on by the
church board, I propose the following happen to allow the developer to
proceed:
1. Developer to provide a recorded irrigation and sewer easement in favor of
the church for the proposed facilities.
2. City issue whatever permits are required to begin work on the site.
3. Require our existing sanitary sewer facility be retained and protected
until the developer and church complete the irrigation and sewer maintenance
agreement.
If you have any questions, please call me at 695-7886.
Thanks,
Tim
10/5/2010