PZ - Irrigation Ditch and Fence Relocation Agreement
Charlene Way
From:Sonya Allen
Sent:Tuesday, October 10, 2023 11:38 AM
To:Clerks Comment
Subject:RE: Tanner Creek - Fencing Type and Gate Locations
Please include this email in the public record.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Department | Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Direct/Fax: 208-489-0578
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Becky McKay <Beckym@engsol.org>
Sent: Tuesday, October 10, 2023 10:39 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: Tanner Creek - Fencing Type and Gate Locations
External Sender - Please use caution with links or attachments.
Sonya:
Joe Lorcher sent me a second email with his fence preference and gate loca?ons.
Becky McKay, Partner
Engineering Solutions LLP
208-938-0980
1029 N Rosario St., #100
Meridian, ID 83642
From: Joe Lorcher <jlorcher@ritestuff.com>
Sent: Tuesday, October 10, 2023 10:32 AM
To: Becky McKay <Beckym@engsol.org>
Subject: RE: JOe Lorcher
My choice would be Chain link with 2 18’ Gates, One in the middle the second at the end by
Ten Mile Creek. Nampa and Meridian Irriga?on will also be using the one by the creek.
1
My Swather is 16’ wide that is why they need to be 18’. The gates can be 2 9’ at each opening
or 1 big 18’gate at each opening.
Joe Lorcher
Purchasing Manager Rite Stuff Foods
208-850-8931
jlorcher@ritestuff.com
From: Becky McKay <Beckym@engsol.org>
Sent: Tuesday, October 10, 2023 10:07 AM
To: Joe Lorcher <jlorcher@ritestuff.com>
Subject: RE: JOe Lorcher
Joe:
I appreciate you sending over the ditch and fence reloca?on agreement. You are correct, any work on the ditch would
need to be accomplished during the non-irriga?on season as not to disrupt the irriga?on delivery.
I see the provision concerning the fencing indicates it may be constructed of barb wire, plas?c, chain link or similar
fencing type suitable for keeping ca?le or horses. Do you have a preference on the type of fencing? Typically, vinyl
fencing does not hold up to horses or ca?le.
Let me know your thoughts.
Thanks,
Becky McKay, Partner
Engineering Solutions LLP
208-938-0980
1029 N Rosario St., #100
Meridian, ID 83642
From: Joe Lorcher <jlorcher@ritestuff.com>
Sent: Tuesday, October 10, 2023 8:27 AM
To: Becky McKay <Beckym@engsol.org>
Cc: cmanning10@msn.com
Subject: FW: JOe Lorcher
Here is the fence and ditch agreement and the 10? construc?on easement.
If construc?on would happen it would need to be done between Oct and April when the
irriga?on water is off.
2
Joe Lorcher
Purchasing Manager Rite Stuff Foods
208-850-8931
jlorcher@ritestuff.com
From: Dave Moore <dmoore@ritestuff.com>
Sent: Tuesday, October 10, 2023 8:02 AM
To: Joe Lorcher <jlorcher@ritestuff.com>
Subject: JOe Lorcher
David L Moore
Director Sales
Rite Stuff Foods, Inc.
Office: 208-933-2711
Cell: 208-863-1680
dmoore@ritestuff.com
3
RECORDING.REQUESTED BYAND
WHEN RECORDED RETURN TO
Boise Waltman,LLC a
c%Jay Kaplan
970 W.Broadway, #443
Jackson Wyoming83001-9475
i
r
(Space Above For Recorder's Use)
IRRIGATION DITCH AND FENCE RELOCATION AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
This Irrigation Ditch and Fence Relocation A reemerlt and Temporary Construction
Easement(the "Agreemont") is made effective this ay of 2009, by and
between Joseph 1. Lorehet. a single man (hereinafter "Lo het"), and Boi Waltrnan, LLC,an
Idaho limited liability company (hereinafter "Waltman"). Lorcher and Waltman may be
collectively referred to hereinafter as the parties or individually as a party.
RECITALS:
A. Waltman has purchased from Lorcher that certain real property located in
Meridian, Ada County, Idaho as more fully described in Exhihit A., which exhibit is attached
hereto and incorporated herein(the"Public Right of Way");
B. Waltman has agreed to relocate that certain irrigation ditch(the"Ditch")currently
' located along the east boundary litre of the Public Right of Way. Waltman,has agreed to relocate
the Ditch.to a location lying adjacent to and west of the west property line of the Public Right o
Way. Waltman has agreed to construct a new fence along the west property line of the Public
Right of Way (the "Fence"). Further the parties hereto have agreed that such relocation of the
Ditch and construction of the Fence will not occur until construction of the public road to be
located on the Public Right of Way has commenced;
C. To facilitate the relocation of the Ditch and construction of the Fence,Lorcher has
agreed to grant to Waltman and its successors and assigns a temporary construction easement to
enable Waltman or its successors and assigns to complete the relocation of the Fence and Ditch
upon conunenooment of construction of the public roadway to be located on the Public Right of
Way.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the parties hereby agree as follows:
1. Ditch Relocation and Fence Construction. Waltman hereby agrees to construct
the Fence along the west boundary line of the Public) Right of Way. The Fence may be
IRRIGATION DITCH AND FENCE RELOCATION AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMENT PAGE I OIL 5
i
constructed of barb wire,plastic, chain link or similar fencing type suitable for keeping cattle or
horses. Waltman hereby agrees to relocate the Ditch to a location lying adjacent to and west of
the west property line of the Public Right of Way. Notwithstanding the foregoing, Waltman
shall not be obligated to relocate the Fence or the Ditch until Waltman or its successors or
assigns have commenced construction of the public roadway to be located within the Public
Right of Way. Waltman agrees to install a temporary fence as required to adequately contain
Lorcher's livestock during such relocation work.
2. Temporary Construction. Easement. Lorcher hereby grants, conveys and
transfers to Waltman and its succQssors and assigns a tan (1 ) foot wide temporary construction
casement lying west of and adjacent to the entire length of the west boundary line ofthe.Public
Fight of Way. (the "Temporary Eascmonf . `lrylse Temporary Easement Shall be used for all
necessary access and construction activity related to or required to relocate the Ditch and the
Fence. The Temporary Easement shall automatically terminate only upon completion of the
relocation of the Fence and Ditch.
F
3. Binding on Successors. This Agreement shall be recorded in the official records
of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executo_•s
and assigns of all parties hereto and shall run with the land. Waltman may assign its rights and
obligations under this Agreement upon providing notice to Lorcher or his successors and assigns.
6. Counterparts. This Agreement may be executed in counterparts, each part being
considered an original document,all parts being but one document.
7. Indemnification. Waltman and Lorcher agree to indemnify, defend and hold the
other, and its successors, assigns, and agents harmless from any and all claims, liability, losses, E
E costs,charges,or expenses that arise from their respective obligations under this Agreement.
8. Remedies. In the event of a breach hereunder by any party, the non-breaching
party shall have all remedies available at law or in equity, including the availability of injunctive
relief. In any suit, action or appeal therefroarn to enfoxco or is , .et this Agreement the
prevailing party shall be entitled to recover its costs incurred therein, including reasonable
attorneys' fees and disbursements.
9. Easement Obstructions. No fence or other barrier shall be erected or permitted
within or across the Temporary Easement which would prevent or obstruct the purposes for
which the Temporary Easement has been granted.
10. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and supersedes all prior agreements; oral or written, with respect to the subject
matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly
for or against any party.
11. Attorneyys Fees. In the event either party initiates or defends any legal action or
proceeding in any way connected with this Agreement, the losing party in any such-action or
proceeding shall pay the prevailing party in any such action or proceeding its reasonable costs
and attorney's fees (including its reasonable costs and attorney's fees on any appeal).
iMGATION DITCH AND PENCE RELOCATION AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMENT PAGE 2 OF 5
IN 'nTNE S WEEREOF, the undersigned have caused this Easement to be executed
the day and year first written above.
Waltman: Lorcher:
_ Boise Waltman,LLC
Joseph J.Lorcher
By _
Xint: wJA
'Witte:
i
i'
1
S.
1 {
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JIMcATION DITCH AND k'ENcF RELocATION AGREEMENT
AND TEMPORARY CONSTRACTION EASEMENT PAGE 3 OF 5
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed
the day and year first written above,
Waltman: Loreher:
Boise Waltman,LLC ,
Joseph J,Lorcher
By
Prints
h
1
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3
4
IRRIGATION DITCH AND FENCE RELOCATION AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMENT PAGE 3 QF S
STATE OF IDAHO
Comity of Ada
On this day of 2009, before me, a Notary Public in and
e for the State of Idaho, personally appeared SAY KAPLAN, known or identified to I-n to be the
member of the limited liability company that executed the instrument or the person who executed
the instrument on behalf of said limited liability company,
m and acknowledged to me that such
limited liability company executed the same.
IN WITNESS WHEREOF,I have hereunto sel my hand and affixed my official seat the
day and year fwq ob IL
NOTARY PUBLIC FOR IDAHO
Z' ry IxResiding at �OL%-
My Commission Expires
STATE OF IDAHO
County of Ada
On.this day of 2009, before me, a Notary Public in and
for the State of Idaho, personally appeared JOSEPH J. LORCHER, known or identified to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written,
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
TRRIGATION DITCH AND FENCE RELOCATION AGREEMENT
AND TE mroRARY CONSTRUCTION EASEMENT PAGE 4 OF 5
STATE OF IDAHO
ss,
County of Ada
On this day of x 2009, before me, a Notary Public in and
for the State of Idaho, personally appeared JAY KAPLAN, known or`identified to me to be the
member of the limited liability company that executed the instrument or the person who executed
the instrument on behalf of said limited liability company, and acknowledged to me that such
limited liability company executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY PUBLIC FOR.IDAHO
Residing at
My Commission Expires
STATE OF IDAHO
County of Ada
On this day of 2009, before me, a Notary Public in and
for the State of Idaho, personally appearedIOSEPH J. LORCHER, known or identified to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
ROTARY PUBLIC F IDAHO
Residing at,.,_,
0,V Jj L I C My Commission Expires ESCROW OFFICER
I% RESIDING:EAGLE,ID
1�OF I D P,
COMMISSION EXPIRES: 11-28-13
�0
IRRIGATION DrreHANiDFF,NCE RELOCATION AGREEMENT
AND TEMPORARY CONSTRUCTION EASEMEN,r PAGE 4 OF'5
EX-HIBIT.A (Public Right of Way Legal Description)
Parcel 1:
A parcel of land located In Southwest 114 Northeast 114 of Section 13,Township 3 North,Range I West,Boise Meridian,Ada
County,Idaho,and being a portion of that Quitclaim Doed,filed as Instrument number 9168479,records of Ada County,Idaho,
Mora particularly described as follows:
Commencing st a 51811 rebar marking the southeast comor(C51/16)of said Southwest 114 Northeast V4 of said Section 13,
said point beers North 89 62721 West,1321,24 feet from a brass cap marking the E1/4.00rner of said Section 13,and also lies
South 89 SM East,1$,21,45 feet from a 5181 rebar with cap'080 LS 5082! marking the 0114 comer of said Section 13,
thence North 89 52'22"West,690.90 feet along the south boundary of Bald SWIA NEIA of Section 13 to a PK nall marking
the southwest corner for that parcel of land owned by Edward Haddock,as Ada County Assessor Parcel Number
S1213131440,records of Ada County, Idaho,as described in a Title Report by Pioneer Title Co.Order No.292938,thence
North 0 0713811 East,25.00 feat(formerly North)along said parcel to a 1/2'rebar with cap"PLS 1704"on the north right-of-way
of Waltman Lane,said point being the REAL POINT OF BEGINNING,
Thence continuing North 0 07'38'East,437.05 feet(formerly North)along the westerly boundary of said parcel to the
northwesterly corner of said parcel and the southerly right-of-way of Ton Mile Drain;
Thence North 62 02'20"West,50.36 feet along said southerly right-cf-way of Ton Mile Drain to a point on a non-tangent curve;
Thence along said curve to the left having a radius of 183,00 feet,a delta angle of 18 42'11",an arc length of 59.74 feet,a
chord bearing South 9 17123"West and a chord distance of 69,47 feet to a point of tangency;
Thence South 0 07'38"West,401.85 feet parallel to and measuring 64.00 feet from the west boundary of said parcel to the
north right-of way of Waltman Lane;
Thence South 89 52'22"East,64.00 feet along the north right-of-way of Waltman Lane to the Real Point of Beginning,
Parcel 2:
A parcel of land located In Southwest 1/4 Northeast 114 of Section 13,Township 3 North,Range I West,Boise Meridian,Ada
County,Idaho,and being a portion of that Quitclaim Dead,filed as instrument number 9166479,records of Ada County,Idaho,
more particularly described as follows:
Commencing at a 6/8"rebar marking the southeast corner(CE1/16)of said Southwest 114 Northeast 114 of said Section 13,
said point bears North 89 V27 West,f321,24 feet from a brass cap marking the E1/4 corner of said Section 13,and also Iles
South 89.52'22"East,1321 AS feet from a 50 rebar with cap"GSO LS 50821 marking the 04 corner of said Section 13,
thence North 89 BT22'Wost,690.90 foot along the south boundary of said SWIA NE1/4 of Section 13 to a PIK nall marking
the southwest corner for that parcel of land owned by Edward Haddock,as Ada County Assessor Parcel Number
S1213131440,records of Ada County,Idaho,as described in a Title Report by Pioneer Title Co.Order No.292938,thence
North 0 0713811 East,462.05 feet(formerly North,463')along the west boundary of said parcel to a point on the southerly
right-of-way of Ton Mile Drain,said point being the REAL POINT OF BEGINNING.
Thence North 62 021201 West,50,36 feet along said southerly right-of-way of Ton Mile Drain to a point on a non-tangent curve;
Thence along said curve to the right having a radius of 183.00 feet,a delta angle of 7 52'06',an arc length of 26,13 feet,a
chord bearing North 22 34'31"East and a chord distance of 25,11 feet to the centerline of said Ten Mile Drain;
Thence South 62 02'201 East,39,51 feet along said centerline of Ton Mile Drain to a point;
Thence South 0 07'38"West,28,27 feet to the Real Point of Beginning,
IRRIGATION Xrcu AND FENcF,RELoCAMN AGREEMENT
AND TEMPORARY CONSTRUCTION F ASE NMNT PAGE 5OF5
SKETCH FOR:
ADA COUNTY HIGHWAY DISTRICT
CORPORATE DRIVE
FRANICLIN SW4 NE4 S.13, T.3N., RAW., B.M.
SQUARE SU8D. ADA COUNTY, IDAHO
g ,r-V 76 2 S4E
'6
WALTMAN COURT SUBD.
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S`Nbr LORCHER Ali_-.t: W
QD #9168479 } \
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QC #103197039
ROS #5845 3
Row x teteose
WALTMAN LANE -- 87D.90
— /
2642-69' —
N89'52'22"W PREPARED BY:
ACHD SURVEY
NOV. 25. 2008
TITLEONE CORPORATION
1101 W. River St.
Boise, ID 83702
(208)424-8511
STATEMENT OF SETTLEMENT FOR SELLERS
PROPERTY ADDRESS: 740 W. Waltman Lane, Meridian, ID 83642
PURCHASER/BORROWER(S): Boise Waltman, LLC, an Idaho limited liability company
SELLER(S):Joseph J. Lorcher,, an unmarried man
SETTLEMENT DATE:January 30, 2009 DISBURSED: January 30, 2009 PRORATION DATE:January 30, 2009
DEBIT CREDIT
Contract Sales Price 200,000.00
Payoff of first mortgage EverHome Mortgage Co. 101,889.96
2nd half 2008 Taxes Ada County Treasurer 654.35
County Taxes 01/01/09 to 01/30/09 7.11
2008 Irrigation to Nampa&Meridian Irrigation 169.61
Settlement or Closing Fee TitleOne Corporation 322.50
Title Insurance Premium Commonwealth Land Title Insurance Con 1,358.00
Reconveyance Fee TitleOne Corporation 43.00
Subtotals 104,444.53 200,000.00
Balance Due TO Seller 95,555.47
TOTALS 200,000.00 200,000.00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
SELLER(S): €SCR@W-AGENT:
Joseph J. rche TitleOne Corporati
7
(A0877536.PFD/AO877536/39)
Charlene Way
From:Sonya Allen
Sent:Tuesday, October 10, 2023 11:38 AM
To:Clerks Comment
Subject:FW: Tanner Creek Subdivision - Agreement relating to Corporate Drive
Attachments:Joe Lorcher.pdf
Please include this email chain & a?achment in the public record.
Sonya Allen | Associate Planner
City of Meridian | Community Development Department | Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Direct/Fax: 208-489-0578
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Becky McKay <Beckym@engsol.org>
Sent: Tuesday, October 10, 2023 10:14 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: Tanner Creek Subdivision - Agreement relating to Corporate Drive
External Sender - Please use caution with links or attachments.
Sonya:
A?ached is an agreement between Mr. Joe Lorcher and Boise Waltman, LLC who purchased the Corporate Drive right-
of-way. Boise Waltman entered into the agreement to relocate an exis?ng irriga?on ditch and provide fencing along the
west boundary of the right-of-way. I wanted to make sure you are aware of this agreement. It was brought to my
a?en?on at the neighborhood mee?ng and just emailed to me.
I will forward to Dawn Ba?les at ACHD since the right-of-way is now under their control.
Thanks,
Becky McKay, Partner
Engineering Solutions LLP
208-938-0980
1029 N Rosario St., #100
Meridian, ID 83642
From: Joe Lorcher <jlorcher@ritestuff.com>
Sent: Tuesday, October 10, 2023 8:27 AM
1
To: Becky McKay <Beckym@engsol.org>
Cc: cmanning10@msn.com
Subject: FW: JOe Lorcher
Here is the fence and ditch agreement and the 10? construc?on easement.
If construc?on would happen it would need to be done between Oct and April when the
irriga?on water is off.
Joe Lorcher
Purchasing Manager Rite Stuff Foods
208-850-8931
jlorcher@ritestuff.com
From: Dave Moore <dmoore@ritestuff.com>
Sent: Tuesday, October 10, 2023 8:02 AM
To: Joe Lorcher <jlorcher@ritestuff.com>
Subject: JOe Lorcher
David L Moore
Director Sales
Rite Stuff Foods, Inc.
Office: 208-933-2711
Cell: 208-863-1680
dmoore@ritestuff.com
2