Utility Easement Requestinteroffice
ME M O RA N D U M
to: Walt Morrow
cc: Gary 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 ask 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 information. Thanks.
from the desk of...
Brad Watson, E.I.T.
Assistant City Engineer
City of Merdian
33 East Idaho Ave.
Meridian, Idaho 83642
887-2211
Fax: 887-1297
CABW\M2\WM1216.MEM
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 B)FIIBIT 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.
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
Grantor
(Individual 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:
(Official name of company or Corporation)
By
Its
(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
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:
JRN-09-1997 14:23 NUBBLE ENGINEERING 1 208 378 0329 P.02/08
tr .�
JAN -09-1997 14;23 HUBBLE ENGINEERING 1 203 379 0329 P.03iO3
'HUBBLE ENGINEERING, INC.
/y 9550 Bethel Court ■ Boise, Idaho 83709 20813228992 • Fax 2081378-0329
Project No. 9308201 January 8, 1997
DESCRIPTION FOR
UTILITY EASEMENT '$A"
ASHFORD GREENS
A utility easement located in the SW1/4 of the NW1A 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 of said Section 3 from which
the NW comer of said Section 3 bears North 00038'27" East, 2697.49 feet;
thence along the West boundary line of said Section 3 North 00038'27" East, 308.93
feet;
thence leaving said West boundary line South 89°21'33" East, 404.91 feet to a point on
a curve to the right, 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 10038'46" and a long chord of 46.39 feet which bears South 49°22'43" East to the
point of tangency;
thence South 44003'20" East, 136.41 feet;
thence South 08918'10" East, 17.11 feet;
thence North 441D03'20" 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 48041'41" West;
thence leaving said curve North 05039'31" East, 11.58 feet to the Real Point of
Beginning, containing 1860 square feet, more or less.
GGC/vw/1144.des
Prepared by;
HUBBLE EN
, INC.
Gregory G. Carter, P.L.S.
%? 4 JAN -09-1997 14:24 HUBBLE ENGINEERING 1 209 379 0329 P.04i09
HUBBLE ENGINEERING, INC.
ti 9550 Bethel Court ■ Boise, Idaho 83709 2081322.8992 . Fax 2081378-0329
Project No. 9308201
DESCRIPTION FOR
UTILITY EASEMENT "B"
ASHFORD GREENS
January 8, 1997
A utility easement located in the SWI/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 00038'27" East, 935.92
feet;
thence leaving said West boundary line South 89021'33" East, 923.94 feet to the REAL
POINT OF BEGINNING;
thence North 51 °14'15" East, 10.00 feet;
thence South 38045'45" 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 00036'15" 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 39922'00" 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 Beginning, containing
2020 square feet, more or less.
GGC/vw/1146.des
Prepared b
HUBBLE E
NG, INC.
Gregory G. Carter, P.L.S.
JRN-a9-1997 14:25 HUBBLE ENGINEERING
1 208 379 0329 P.05/03
HUBBLE ENGINEERING, INC.
Q\ y 9550 Bethel Court ■ Boise, Idaho 83709 2081322.8992 ■ Fax 208/378.0329
Project No. 9308201
DESCRIPTION FOR
UTILITY EASEMENT "C"
ASHFORD GREENS
January 9, 1997
A utility easement located in Government Lot 4 of Section 3, T.3N., RAW., 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 0038'27" East, 1768.69
feet;
thence leaving said West boundary line South 89°23'04" East, 770.73 feet to the REAL
POINT OF BEGINNING;
thence continuing South 89023'04" East, 10.00 feet;
thence South 00°36'56" West, 30.00 feet;
thence North 89°23'04" West, 10.00 feet;
thence North 0003656" East, 30.00 feet to the Real Point of Beginning, containing 300
square feet more or less.
GGC1vw/1147.des
Prepared by:
HUBBLE ENGINEERING, INC.
/--(IEE� 7729 c
�,, 1 ) 1 19'�o
�,p�'r� of
Gregory G. Carter, P.L.S.
},y 12N-09-1997 14:25 HUBBLE EN51NEERIN5
1 208 373 0329 P.05/06
NUBBLE ENGINEERING, INC.
9550 Bethel Court . Boise, Idaho 83709 20813224992 a Fax 208/3780329
Project No. 9308201 January 9, 1997
DESCRIPTION FOR
UTILITY EASEMENT "D"
ASHFORD GREENS
A utility easement located in Government Lot 4 of Section 3, 73N., 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 00038'27" East, 2697,49 feet;
thence along the West boundary line of said Section 3 North 00138'27' East, 1768.69
feet;
thence leaving said West boundary line South 89923'04" East, 685.73 feet to the REAL
POINT OF BEGINNING;
thence continuing South 89°23'04" East, 10.00 feet;
thence South 00036'56" West, 30.00 feet;
thence North 89°23'04" West, 10.00 feet;
thence North 00036'56" 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.
4' 7 JAN -09-1997 14:26 HUBBLE ENGINEERING
1 203 379 0329 P.07i09
HUBBLE ENGINEERING, INC.
h 9560 Bethel Court a Boise, Idaho 83709 208!322.8992 ■ Fax 208!378-0329
Project No. 9308201
DESCRIPTION FOR
UTILITY EASEMENT "E"
ASHFORD GREENS
January 9, 1997
A utility easement located in Government Lot 4 of Section 3, 73N., RAW., 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, 1768.69
feet;
thence leaving said West boundary line South 89023'04" East, 625.73 feet to the REAL
POINT OF BEGINNING;
thence continuing South 89023'04" East, 10.00 feet;
thence South 00036'56" West, 30.00 feet;
thence North 89023'04" West, 10.00 feet;
thence North 00936'56" East, 30.00 feet to the Real Point of Beginning, containing 300
square feet, more or less.
Prepared by-
HUBBLE ENGINEERING, INC.
GGC/vw/1149.des Gregory G. Carter, P.L.S.
JAN -09-1997 14:26 HUBBLE ENGINEERING
1 208 378 0329 P.08i08
N HUBBLE ENGINEERING, INC.
9550 Bethel Court a Boise, Idaho 83709 2081322.8992 ■ Fax 20&3784329
Project No. 9308201 January 9, 1997
DESCRIPTION FOR
UTILITY EASEMENT "F
ASHFORD GREENS
A utility easement located in Government Lot 4 of Section 3, T -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 00038'27" 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 89923'04" 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 89023'04" 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.
GGC/vw/1150.des
Prepared by,
HUBBLE ENGINEERING, INC.
Gregory G. Carter, P.L.S.
TDTAL P.08
Brighton
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:
I have enclosed forms to be signed by the City of Meridian for utility, landscape, and
irrigation 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 208-377-896')
FUTURE RESTROOMSJ
OA
40 LF 8" SEWER SI
STUB TO BE INSTAI
IN ASHFORD G( XN
CONSTRUCTION
CII-)
< Y
J.
e` SEWER d B o
R NVERT I _ I--
1�
c
50' NMID
OF
O o (�I
4
1
/4 — — • \
I
I
I
a N "
o
o z o
o C
D
f INV EL -"41 -
� INV EL -44.31
— {•
STD. SEWER�� y1
r CLEANOUT
10'•
SO'
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.
---- exrc r Paw P041M
••• ••••—ocro s" Pmm rtRKi im
FUTURE CLUBHOUSE ACCESS ROAD
INV _EL±45.01--- ,--- CENTER SECTION 3
-�
--i/4 SECTIONUNE
25' � �
SEM AM WAIM
F 4'
FIRE SPRINKLER LINE;
CASE ENTIRE WIDTH OF
I LATERAL PLUS 10' BOTH
SIDES W/ 18' DIAM. 3/8'
I STEEL CASING.
2' WATER SERVICE UNE;
j CASE 80' CENTERED ON I
I LATERAL W/ 4" SCH 40 PVC. I
FOUR SCH 40 CONDUIT'S,
8" SEPARATION. I
POWER: 5" i
COMMUNICATIONS: 4"
GAS. 3" I
CABLE W. 4"
1 EACH CONDUIT TO BE 60 LF !
CENTERED ON LATERAL
�MANTAN 3•-O" SEPARA7M
FROM IW OF PIPE 10 EMT -
NO LATIIM KAU On