Storm Water Drainage Easement with Brighton Corporation for Ashford Greens No. 6Ashford Greens Sub. No. 6
T.3N, R.M. Section 3
ADA COUNTY RECORDER
j. OA` ID NAVARPO
2002 A? - 3 PM 1 21
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STORM WATER DRAINAGE EASEMENT
(Space reserved for Recorder's use)
This Storm Water Drainage Easement (the "Easement") is made as of the ZCv 4�lday of
rlrA , 2002, by and among the CITY OF MERIDIAN, a Municipal
Corporation (hereinafter "Grantor"), BRIGHTON CORPORATION, an Idaho Corporation
(hereinafter "Developer") and ADA COUNTY HIGHWAY DISTRICT, a body corporate and
politic of the State of Idaho (hereinafter "ACHD");
WITNESSETH:
For good and sufficient consideration it is agreed:
Section 1. Recitals.
1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more
particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate").
1.2 Developer is developing a subdivision in Ada County, known as the Ashford Greens
Subdivision No. 6, 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 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, 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, 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, and for the repair, maintenance,
reconstruction and enhancement of the same (hereinafter "Authorized Use").
STORM WATER DRAINAGE EASEMENT — Page 1
(rev. 03/07/02)
2.2 The easement herein granted is exclusive to ACHD, and no structures, fences or
other improvements are to be constructed, or landscaping planted, on the Servient Estate by
ACHD, Grantor or Grantor's Successors or assigns to the underlying title 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. When such consent is given, if any structures,
fences, landscaping or other improvements constructed or planted on the Servient Estate 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:
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 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 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 Infiltration Ponds at Ashford Greens Subdivision No. 6", a true and
correct copy of which is attached hereto marked Exhibit "B," and by this reference incorporated
herein.
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 damages,
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. ACHD Indemnification.
Following its acceptance of the storm water drainage system under Section 3.2, subject
to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall
indemnify and hold harmless Grantor 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.
STORM WATER DRAINAGE EASEMENT — Page 2
(rev. 03/07/02)
Section 5. Term.
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 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.
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 pursuant 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 Avenue
Meridian, Idaho 83642
Developer: Brighton Corporation
12426 W. Explorer, Suite 220
Boise, Idaho 83713
STORM WATER DRAINAGE EASEMENT — Page 3
(rev. 03/07/02)
ACRD: Ada County Highway District
318 East 37th Street
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 undersigned have caused this Easement to be executed
the day, month and year first set forth above.
STORM WATER DRAINAGE EASEMENT — Page 4
(rev. 03/07/02)
GRANTOR:
CITY OF
Attest:
Approved by City Council on:
DEVELOPER: BRIGHTON CORPORATION
By:
David W. Turnbull, President
ACHD: ADA COU TY HIGHWAY DISTRICT
By:
William J. Sc eitzer, Director
STORM WATER DRAINAGE EASEMENT — Page 5
(rev. 03/07/02)
STATE OF IDAHO
) ss.
COUNTY OF ADA )
On this day of 2002, before me,
L ® , a notary public in and for the State of Idaho, personally
appeared, Robert D. Corrie, known or identified to me to be the Mayor, and William G. Berg, jk.
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 such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day,
month and year in this certificate first above written.
,*son*
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ON S!i
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Notary P blic for Idaho
f Residing at: Ao '6.v
:� s.,,ZG,•r : My commission 0 9Y- 28 0
STATE OF IDAHO
ss.
COUNTY OF ADA )
On this day of 2002, before me,
a notary public in and for the State of Idaho, personally
appeared, David W. Turnbull, known or identified to me to be the President, of the Corporation
that executed this instrument or the person who executed the instrument on behalf of said
Corporation, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day,
month and year in this certificate first above written.
STORM WATER DRAINAGE EASEMENT — Page 6
(rev. 03/07/02)
Residing at: 1/
My commission expires: O -
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On is l v�` day of _ �,�„_ 2002, before me,
S , a notary public in and for the State of Idaho, personally
appeared, William J. S eitzer, known or identified to me to be the Director of the Ada County
Highway District, the person who executed the instrument on behalf of said District, and
acknowledged to me that such Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day,
month and year in this certificate first above written.
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STORM WATER DRAINAGE EASEMENT — Page 7
(rev. 03/07/02)
C. cc.,.
Notary Public for daho
Residing at:
My commission expires: -A--fir- ZGb3
HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 . Meridian, ID 83642
Project No. 0009900
208/322-8992 . Fax 208/378-0329
January 25, 2002
ASHFORD GREENS SUBDIVISION NO. 6
STORM DETENTION POND EASEMENT
A parcel of land located in the West '/z of Section 3, T.3N., RAW., B.M., Ada
County, Idaho, more particularly described as follows. Commencing at the northeast
corner of lot 62, block 23 of Ashford Greens No. 2, a subdivision recorded in Book 75 of
plats at Page 7800, records of Ada County, Idaho;
thence 129.52 feet along the southerly right-of-way of W. Talamore Boulevard
and the arc of a curve to the right, having a radius of 600.00 feet, a central angle of
12°22'07" and a long chord bearing South 56°49'29" East, 129.27 feet; thence South
50038'25" East, 94.32 feet; thence 69.75 feet along the arc of a curve to the right having
a radius of 250.25 feet, a central angle of 15°58'07" and a long chord bearing South
42039'22" East, 69.52 feet to the REAL POINT OF BEGINNING.
thence continuing 95.58 feet along the arc of a curve to the right, having a radius
of 250.25 feet, a central angle of 21 °53'00" and a long chord bearing South 23°43'48"
East, 95.00 feet;
thence North 89°29'44" West, 127.24 feet;
thence North 4027'17" West, 40.00 feet;
thence North 63028'39" East, 102.94 feet to the Point of Beginning
J:\Projects\ASHEORD\Documents\DES-StormDetPondEase.doc
Prepared by:
HUBBLE-M
NG, INC.
D. Terry Peugh, P.L.S.
Manual for Light Maintenance
and
Heavy Maintenance
of
Stormwater Infiltration Ponds
and
Access Road
at
Ashford Greens
Subdivision No. 5 & 6
Project No. 0009600
Meridian, Idaho
HUBBLE ENGINEERING, INC.
Engineering -Surveying -Planning
ENGIN E@RF
,p N
r �
FRS SV
701 S. Allen St., Suite 102
Meridian, ID 83642
(208) 322-8992
This manual outlines the duties to be performed by the homeowner's association and/or Cherry Lane
Recreation for the light maintenance of the stormwater ponds, associated storm drain structures and
access road at Ashford Greens Subdivision No. 5 & 6 as well as the duties to be performed by
A.C.H.D. for the heavy maintenance of the ponds and associated structures.
The detention ponds are located north of Lots 34 — 40 and Lot 55, Block 19 of the Ashford Greens
No. 5 & 6 Subdivision plats. The maintenance area of the ponds shall include the entire area within
the side slopes of the pond.
The access road is located east of Lot 4, Block 19 of the Ashford Greens No. 5 Subdivision. The
maintenance of the access road shall include the entire area within the easement.
For the various light maintenance items involved, periodic inspections are to be made of the pond in
addition to any work required in each of the categories below. These inspections shall be done a
minimum of once every month.
WEED CONTROL: In the spring of each year, an herbicide shall be applied to the entire area of the
pond and access road. The, application shall be in accordance with the manufacturer's requirements.
During the periodic inspections, any weeds found shall be removed at the root and disposed of
offsite.
TRASH CLEANUP: During the periodic inspections, any trash found within the boundary of the
pond and access road shall be collected and disposed of offsite.
SLOPE STABILITY: During the periodic inspections, the pond shall be checked for any waxer spots,
water entering from adjacent lots, rodent holes, and erosion. If any of these problems are found, the
homeowner's association shall contact a licensed earthwork contractor to make the necessary repairs
to the site.
POND SIDE SLOPE. SURFACE AND ACCESS ROAD GRASS TRIMMING: The grass shall be
mowed on a regular basis to maintain a neat appearance.
HEAVY MAINTENANCE: Heavy maintenance such as cleaning sand and grease traps, storm drain
manholes, storm drain conduits, removal and replacement of the sand in the bottom of the storm
drain ponds shall be provided by Ada County Highway District in accordance with the maintenance
agreement between Ada County Highway District, City of Meridian and the Ashford Greens
Homeowners Association.
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Meridian Citv Council Meeting March 26, 2002
The regularly scheduled meeting of the Meridian City Council was called to order at
6:30 P.M. on Tuesday, March 26, 2002, by Mayor Robert Corrie.
Members present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and
Keith Bird.
Others Present: Brad Watson, Mike Worley, Sam Johnson, Ken Bowers, Stacy
Kilchenmann, and Will Berg.
Item 1. Roll -call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: I will open the Meridian City Council Regular Meeting Tuesday, March 26,
2002, at 6:30 P.M. in the City Council Chambers. Mr. Clerk, roll call attendance please.
Item 2. Adoption of the Agenda:
Corrie: Okay. Council the second item on the agenda is the adoption of the agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the agenda as noticed.
Corrie: Okay.
McCandless: Second.
Corrie: Motion made and second to approve, adopt the agenda as noticed. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Ashford Greens No. 6 Storm Water Drainage Easement:
Corrie: Item Number 3 is the Consent Agenda. We have one item on the Consent
Agenda, Ashford Greens No. 6, Stormwater Drainage Easement.
Meridian City Council Meeting
March 26, 2002
Page 2
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we approve the Consent Agenda as noted.
Nary: Second.
Corrie: Okay. Motion made and second to approve the Consent Agenda as noted.
Any further discussion? Hearing none, roll call vote Mr. Berg.
Roll call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Accounting Department — Stacy Kilchenmann:
1. Budget Manual:
Corrie: Okay. Item Number 4 is Department Reports. Item A, Accounting Department,
Stacy Kilchenmann, finance report. Stacy?
Kilchenmann: Mayor and Council. The first item that we're going to discuss tonight is
to go through the budget development process just briefly and see if you have any
questions. Then there are a couple of dates that you will need to consider and that we
will need to set and have some discussion about. Does everybody have their budget
development manual with them? Does nobody have their budget development manual?
(Inaudible discussion amongst Council Members)
De Weerd: I have the papers.
Kilchenmann: That's the —
Bird: That's the financial one. I don't have the budget one.
(Inaudible discussion amongst Council Members)
Kilchenmann: Okay. I'll just briefly go through it, discuss each item, and see if you
have a question. What we did this year is we actually did a manual to give to each
Department Head or other people in the department that will be working on the budget
that have the specific written instructions and an examples attached. Then we also
have given them on Excel format that they can email back to us the actual form that