Sanitary Sewer Easement with Brandt, Leroy and Elroy for Black Cat Sewer ProjectADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAHO 08/02104 03;00 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III EXHIBIT A
MERIDIAN 1E~4~~87~6
AMOUNT .00
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ,~`~day of , 2004, by the undersigned Leroy and
Elroy Brandt, who maintain mailing addre es of 2630 W. Park Stone Drive, Meridian,
Idaho, 83642 (Leroy Brandt); P.O. Box 5432, State Line, Nevada 89449 (Elroy Brandt);
and 4319 Kahala Ave., Honolulu, Hawaii (Victor Brandt); hereafter referred to as
"GRANTORS" for the benefit of the City of Meridian, a municipal corporation of the State of
Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642,
hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do hereby give,
grant and convey unto the CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED LEGAL DESCRIPTIONS)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates at which time
payment for the temporary construction easement will be sent by certified mail to
the GRANTOR by the CITY.
SANITARY SEWER EASEMENT, Page 1 of 4
Pag~~p~
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
THE GRANTORS do hereby covenant and agree that they will not place or allow to
be placed any permanent structures, large trees or brush within the area described
for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS do hereby covenant with the CITY that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they
have a good and lawful right to convey said easement, and that they will warrant
and forever defend the title and quiet possession thereof against the lawful claims of
all persons whomsoever.
SANITARY SEWER EASEMENT, Page 2 of 4
Page~~
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
GRANTORS (2 OF 3)
L, s...~q
dt
STATE OF IDAHO)
ss
County of Ada )
On this 1~~day of
personally appeared
proved to~rSi~e on the basis of satisfactory evidence to be the
persons whose names is subscribed to the within instrument, and acknowledged
that they executed the same.
NOTARY PUBLIC FOR IDA O
~~~4P~8 w. ~-tjl~~'~~
..•~
* pU 81'~G p
'•. ~' •••...••• Pte.'
My Commission Expires on /
SANITARY SEWER EASEMENT, Page 3 of 4
P~ ~~le
GRAD
~----
Victor Brandt
(Notarize)
STATE OF HAWAII)
I ss
~a ~~~~1 County of ~OYIo(G( ~f~ )
On this ~~~ day of ~~'~-~ 2004, before me
personally appeared ~/i~V ,$r~c~
_, proved to me on the basis of satisfactory evidence to be the persons whose
names is subscribed to the within instrument, and acknowledged that they executed
the same.
OTARY PUBLIC FOR HAWAII
JEANETTE M. LIU
~~ My Commission Expires on "n1f°~'O" D°te: n~y~st 26, 2005
BENEFIC
~ ,µ1U11!!!11./t,
Tammy de W e ayor ;~` ~y Qo ~~®~~,'~~,;
,` G~' ~pR ~ rF
r o
-
ATTEST: -
William Berg, r., City C rk - $~AL =-
_ .~~ ~~
Date approved by Council: .~~ 2~ Zoo`', Us '`~ ~~ 4`y
~r,,~~r ..; , ,i i "~ ,~,~,
SANITARY SEWER EASEMENT, Page 4 of 4
Page
is
v
` = rJ-U•B ~
Engineers .Surveyors. Planners
Project: 11873
Grantor: Leroy... and Elroy Brandt
Parcel: 12
Date: December 15, 2003
" EASEMENT DESCRIPTION
That portion of the Southeast'/4 of the Northwest'/a of Section 15, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows: ~ `
A permanent easement lying 12.00 feet to the right and. 20.00. feet to the left of the following
described tine:
Commencing at the North '/a corner of Section 15, marked by a brass cap; thence along the
Westerly boundary of the Northwest'/a of said section, South 00°20'36" West, 1,328.97 feet; thence
North 89°15'07" West, 4.63 feet to the POINT'OF BEGINNING;
thence South 27°02'04",East, 10.07 feet to the POINT OF TERMINUS.
The sidelines of -this easement are to be lengthened or shortened to the parcel boundaries to form
a closed figure.
Containing 0.007 acres (319 square feet), more or less.
TOGETHER-WITH:
A temporary easement 50.00 feet in width lying Southwesterly from "and contiguously with the
Southwesterly limits of the above-described permanent easement.
- Containing 0.115 acres. (5,051 square feet), more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8575
~'T~ Of ~Cp~~
~to ~. ~°
RMH/mrclhc
F:\ProjectManagers\PHK\11873-Black Cat\11873-Sur\Descriptions\ESMT12.doc
page~f \~
WEST FRANKLIN
T' ~ ~ ~ -
' ' N 1/4 CORNER
SECTION 15
~ ~
io I~
~ rn
N89'15'07"IQI o 00
4.63' ~ o M
POINT OF c°n
BEGINNING ~
---
--__.
~2 ~ i
0 5°
i
0
a ~
i
LEGEND I
~~~
~ '
~ ~ o `Jo
\ ~• ~
POINT OF
TERMINUS
N.
~L
~~
ROAD
SCALE: 1 "=30' ~
oo---- PERMANENT EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
- - - - - - - - NMID PURDAM DRAIN EASEMENT
CENTER LINE
- - - SECTION LINE
- - - - PROPERTY LINE
~ BRASS CAP
THIS DOCUMENT, µD THE IDEAS AND el 8 INCORPORATED HEREIN CAD FlIE: 17678ESMf12 ~ l/~,
AS AN WSTRUMENT OF PROFESSIONAL SERVICE, 18 THE PROPERTY OF PAW. t. 11579 ~ ~. ~ ~ v I~
J~WB ENOWEERb, InC. AND 19 NOT TO SE USED, IN WHOLE oR PART, PLOT SCALE: 1'.90' B LAC K CA'
FORANY OTHER PROJECT WRHDUTTHE E%PRESS WRRTEN
AUfNpR17ATlpR OF J.US EIA.WEERS, Na OMWINO NO.: ~ ~~
MERID
°""""~'' DIN LEROY AND ELROY BRANDY
oE9roNEY: MRC °"'"">sa"Y"'°"'p°'" PARCEL: EXHIBIT 12
NO REVISION DE RIPTION _ BY PR DATE CHECKm SY: RMH
1
OF
1
CITY OF MERIDIAN
PURCHASE ORDER
1
Y s ~ it
errs r~~ ~+t'~F-'~"~' ~~ ,
t ., -..
~~; I~3~~LE-i~1
Yl~ Leroy Brandt
2630 W Park Stone Drive
Meridian ID $3642
BILL TO CITY OF MERIDIAN
33 E. Idaho Ave
Meridian, ID 8364
(208)888-4433 FAX (208)887-4813
SHIP TO: Public Works
Karie C31enn
660 E Watertower
Suite 200
Meridian ID 83642-
(208) 898-5500 ~ (208) 887-1297
~.~.~~
~~ order #: 432-04-409
Date Ordered: 8/22004
~~ By: Clint Dolsby
Qty Item Description Invoice #/Pact # Division Account # Tota! Amt
temp & perm sewer easement settlement S1215427800 3590 96162 $1,200.00
Total Due: $1.200.00
®EPT APPRBYAL
.~.~ a _ 1~ ~,, i .
~>~
91b Sf111M
REA~II ~ PIS
EASEMENT CASH SETTLEMENT
~~k ~ ~-~' ~~~
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: #11867 Black Cat Sewer Project
Parcel # and Owner: S 1215427800 Leroy Brandt, Elroy Brandt, and Victor Brandt
Date of Offer:
THIS RIGHT-OF-WAY CONTRACT, made this ~-~ day of ~1[~IYL'' 2004, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Leroy Brandt, Elroy Brandt, and Victor Brandt herein
called "GRANTORS".
WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibit "A":
NOW THEREFORE, the parties hereto agree as follows:
I . CITY shall pay GRANTORS and the lien holder, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(Ft2) ($/Ftz) FACTOR ($)
In compliance with the easement acquisition policy: "In the event the easement value is considered (by the property
owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with
agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an
appraisal."
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,200.00
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for both the permanent and temporary e~ ments as determined by a certified real estate appraiser:
L~' Cash Payment* in the amount of /~ ~~~
^ Donation value of the easement
*Grantor will receive payment for the permanent easement within four weeks following the recording of the
easement and payment for the temporary construction easement at the expiration of the construction contract.
3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for
the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of
the location, grade, construction and maintenance of the proposed sanitary sewer line.
4. The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to
which this document applies, are fully authorized to execute this document and forever bind themselves, their successors
and assigns and the subject property to the terms set forth herein.
IN~W..I-TN~ESS~~ WHEREOF, the parties have executed this contract the day and year first above written.
-~I`1 Y OF MERIDIAN ~~`.
GRANTORS
_..
Tammy de Weerd, ayor o Brandt /
Date: / ~\~ ~~~,~f~~~tii~~atrl~~~~~ j Dat ~ /1 ~ U O
C> ~~G~~ ~ ~~o ~ ~~~
~_ ~'~t'~
" ~ /~i _~ ~a 1~randt
ATTEST: ~d~'- ~ ate:
William Berg, Jr., City Clerk ~ y°
h ,~
-~- .`
~ SST 1 S~ ' .~~ `:
Date approved by Council: , )i,,aa~i 2~, ~t~,~~ ~~9Q'~ti.
-T ~''~~;; ~'`~'~~ ~~~~~`~~ Victor Brandt
Date:~15~
5/17/2004 `
Meridian City Council
July 27, 2004
Page 3 of 56
Item 5: Employee Service Awards:
De Weerd: Thank you so much. It has been a good element to our meetings. We have
had all of our faith community represented during this portion and so; again, it's a valued
relationship. Thank you for being with us today. Okay. Item 5 is Employee Service
Awards. These awards are given to our employees for their years of service and
dedication. This is a -- these employees that have reached these milestones are
extremely important to us doing business in our community and to our outreach and
service, so it gives me great pleasure to recognize three of our employees today, so I
will move around. Last year we didn't have an employee function and so there were --
are two employees that reached their ten years of service that we would like to
recognize at this time. Detective Miller. Detective Miller achieved ten years of service
with the city and we have appreciated your commitment to our community. The second
one who also reached ten years of service is Captain Shaul, one of our firefighters. It
isn't often that this milestone is reached I think in any industry and it does give me great
pleasure to recognize 25 years of service to Lieutenant Gene Tragel. So, we do want to
thank you. It is because that Council added an amendment to our budget, as you heard
probably earlier, that we were able to, I guess, give you a small token of our
appreciation for your years of service and we look forward to the next milestones at 15
for you two and Lieutenant Tragel, you know, 30 years -- but thank you so much. I do
also want to take an opportunity to present a couple of certificates of appreciation.
Captain Shaul and his team responded to a very traumatic accident Sunday evening
that happened at Chinden and McDermott, along with one of our other crews that was
Captain Smith, Kim Roblin, and Justin Porter-Winkler and also Deputy Chief Bill
Johnson, but since we had Rod and his crew here tonight, I would like to present to you
our appreciation and recognition and I'll read the certificates of appreciation. This is for
outstanding service during a rescue effort after a car accident on July 25th, 2004. Lives
were saved as a result of your training and quick response during a time of crises and
we appreciate and that I would like to present you with these certificates. If you will
please come forward.
Item 6: Consent Agenda:
A. Approve Minutes of July 6, 2004 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Approval: RZ 04-
007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and
L-O zones for Tiburon Meadows Subdivision by Tiburon
Meadows, LLC - 1450 and 1460 North Ten Mile Road:
C. Findings of Fact and Conclusions of Law for Approval: PP 04-
016 Request for Preliminary Plat approval for 46 building lots and 1
common lot on 10.69 acres in proposed R-4, R-8 and L-O zones for
Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450
and 1460 North Ten Mile Road:
Meridian City Council
July 27, 2004
Page 4 of 56
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-013 Request fora Conditional Use Permit fora Planned
Development for reductions to the minimum requirements for lot
area, street side setbacks and minimum street frontage for Tiburon
Meadows Subdivision by Tiburon Meadows, LLC - 1450 and
1460 North Ten Mile Road:
E. Findings of Fact and Conclusions of Law for Approval: AZ 04-
010 Request for Annexation and Zoning of 4.10 acres from RUT to
L-O zone for proposed Brockton Subdivision by Confluence
Management, L.L.C. - 3665 North Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 04-
013 Request for Preliminary Plat approval of 10 commercial
building lots on 4.10 acres for proposed Brockton Subdivision by
Confluence Management, L.L.C. - 3665 North Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-012 Request fora Conditional Use Permit fora Planned
Development for proposed Brockton Subdivision with request for
reduction to the required landscape buffer along the north, south
and west boundaries and reduced or no lot frontage by Confluence
Management, L.L.C. - 3665 North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 04-
014 Request for Preliminary Plat approval of 8 commercial building
lots on 6.9 acres in an I-L zone for Reagan Subdivision by
Quadrant Consulting, Inc. -east of North Eagle Road and south of
East Presidential Drive:
I. First Addendum to the Development Agreement for EI Dorado
Business Campus:
J. Resolution No. Authorizing the
Appointment of Employees to Perform the Function of
Removing Abandoned Vehicles:
K. Permanent and Temporarv Easement Contract for the Black
Cat Sewer Project (Janicek Properties):
L. Permanent and Temporarv Easement Contract for the Black
Cat Sewer Proiect (Brandt Properties):
M. Permanent and Temporarv Easement Contract for the Black
Cat Sewer Proiect (Fedrizzi Properties):
Meridian City Council
July 27, 2004
Page 5 of 56
N. Change Order No. 1 for the Headworks Expansion Project:
O. Finance Third Quarter Report:
R: License Agreement -Nampa-Meridian -Eight Mile Drain.
De Weerd: Okay. Council, Item 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have an addition on the Consent Agenda and that is the license agreement
with Nampa-Meridian Irrigation District to construct a pathway along Eight Mile Drain
with the City of Meridian and that is Item No. Rand with that I would move that we pass
on the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all
proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda with the
amendment. Mr. Clerk, do you have a number for Item J for the resolution? 436? So,
04-436 for the record. Okay. Mr. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16: Public Hearing: PFP 04-006 Request fora Preliminary/Final Plat
approval for the re-subdivision of Lot 14, Block 1 of Woodside Creek
Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for
proposed Woodside Creek Subdivision No. 2 by Woodside Properties,
LLC - 1115 North Ten Mile Road:
De Weerd: Thank you. Okay. Item 16 was moved ahead of Department Reports. It is
a Public Hearing and I will open the Public Hearing on Item 16, PFP 04-006. I'll start
with staff comments.
Canning: Madam Mayor, Members of the Council, this is Woodside Creek Subdivision
No. 2. It is a two-lot subdivision. You recently approved Woodside Creek Subdivision
in this location; it's on Ten Mile Road just south of Ray's Parkside Creek and just north
of Berkeley Square. This is the Albertson's, to orient you a little bit. Right now there is
a house currently on the property and that was kind of the -- the elementary school is
behind the property. The existing house, which you can see here, is kind of the root of
the situation. When they did Woodside Creek Subdivision, they accommodated the
house. They put it on an extra large lot. The house, actually, encroached in the