Loading...
Water Service Easement with Borchers, Brent E. S. for Locust Grove Road Utility ImprovementsADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 0?J23105 01:33 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF Meridian Ciry 1055 1465 WATER SERVICE EASEMENT THIS INDENTURE, made this ~ day of, 20d5between Brent E. Borchers, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water service right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; 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 Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water service over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. PAgE'~ i .i~r~~ THE GRANTORS do hereby covenant with the Grantee 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 1 ~.J't~ Brent E Borchers, P~ erty Owner 820 S Locust Grove Rd Meridian ID 83642 STATE OF IDAHO ~ ss County of Ada ) On this ~~ day o , 2(~ before me, the undersigned, a Notary Public in and for said State, person appeare rent E. Borchers, known or identified to me to be the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~seeeeeeee»,~ 04 of'd`®®,~~p~ ~' N ~~~ , ` (SEAL) ~' ~~ ..;yC"6'I' A.~ I• d s w°'a N TARY P LIC FOR IDAHO .z " ;A, ~ ~ ~®.~ ~ ;'r ' Residing at _ ~` Commission Expires: Peaa~. GRANTEE: CITY OF MERIDIAN E- Tammy de Wee ayor Attest by William G. Berg it ler Approved By City Council On: ' STATE OF IDAHO, ) ss. County of Ada ) ~" -`~' ~~ tF 0 $~L ,~ r ,' On this ~~ day of bruav , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .r~~1Cb L' SAt~•. (SEAL) ~~?~~ T •~'n'~~,~~'~ ~O lA~Cr • r ~ ~ ~~' `~ pU$L1G J aw ~ Y~``YYYii11 Y11/~,,'' ~n=~ Y PUBLIC FOR IDAHO at: M ems; di a "~ lion Expires: p y V 07 EXHIBIT A EASEMENT DESCRIPTION FOR BRENT E. BORCHERS WATER SERVICE EASEMENT An easement for water service purposes located in the NW '/4 of the SW '/a of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE '/4 of the SE '/4 from which an aluminum cap monument marking the southwesterly corner of the SW '/4 of said Section 17 bears S 0°30'32" W a distance of 2659.49 feet; Thence S 0°30'32" W along the westerly boundary of said NW '/4 of the SW '/4 a distance of 56.26 feet to a point; Thence leaving said westerly boundary S 89°29'28" E a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 89°29'28" E a distance of 5.00 feet to a point; Thence S 0°30'32" W a distance of 10.00 feet to a point; Thence N 89°29'28" W a distance of 5.00 feet to a point; Thence N 0°30'32' E a distance of 10.00 feet to the POINT OF BEGINNING; This parcel contains 0.001 acres (50 sq. ft.) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 10, 2004 ~~ EXHIBIT B WATER SERVICE' EASEMENT LOCATED !N THE NE 1/4 OF THE SE !/4 OF SECTION !B, TOWNSIY/P 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. LOCUST GROVE ROAD UTILITY IMPROVEMENTS EASEA!!sNT CRANTOR.• BRENT L: BORCHEftS ADDRESS.• 820 S. LOCUST CROVE ROAD AIERID/AN, tD 83642 `~f n __ _ .. •, _._ a , y_ _ ~ 61 u~ ~ ~ ~K . ..... i _. ~ i ,~ S 897978' E X8.00' O/NT OF ' BEG/NN/NC b. ", S 897978" E h 5.00• o H ~ ~ v S 0'30:7?" w w N 897978' W --l - -~~ a 0 ~ ~ Y: ., s e 1 ~~ i z. I:~ -_ 77 20 Meridian City Council February 8, 2005 Page 2 of 23 thoughts, words, and actions be pleasing to you. May you give our Mayor de Weerd, Council-members, and other city leaders wisdom as they plan for our good. May you stretch out your hand of protection and comfort to our law enforcement and emergency response personnel? Bless them and their families and may you watch over our military men and women at home and abroad who fight for our freedom on our behalf. Thank you for their sacrifice. Lord, this world may bring conflict, stress, and challenges, which at times seem to overtake us, but you say in John 16:33: I have told you these things, so that in me you may have peace. In this world you will have trouble, but take heart, I have overcome the world. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. Appreciate that. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some deletions and additions. On the Consent Agenda, which I'll also go through with the Consent Agenda, Item E needs to be tabled to 2/15/05 at the request -- per the request of Captain Overton. The resolution numbers on those is 05- 459 and 05-460. On Department Reports, under Item C, Planning and Zoning Department, Mr. Siddoway has asked that we -- he as Item No. 2, Western Heritage. And on the regular agenda, the ordinance numbers are 05-1131 on Item 11 and 05- 1132 on Item No. 12. And with that I'd move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve Item 4, the adoption of the Agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetlight Agreement for Sageland Subdivision: C. Assessment Agreement for Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: Meridian City Council February 8, 2005 Page 3 of 23 E. Approve Liquor License for Eddy's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 3: G. Award of Bid for Centrate Equalization Proiect to RSCI: H. Resolution No. 05-459 Approving Addendum No. 2 to an Agreement by and between the City of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Legal Advisor Services to Meridian: I. Resolution No. 05-460 Adopting Dog Adoption Policy as part of the City of Meridian Police Department Policy and Procedures Manual: J. Black Cat Trunk and Lift Station: K. North Slough Sewer Trunk: L. Centrate Basin Construction: M. Water and Sewer Rate Increase Effective March 20. 2005: N. Storey Park Phase II Construction Change Order No. 1 for Irrigation Line: O. Storey Park Phase II Construction Change Order No. 2 for Irrigation Pum P. Storey Park Phase II Construction Change Order No. 3 for removal of irrigation line: De Weerd: No. 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I said, we need to table Item E on the Consent Agenda to 2/15/05, as per Captain Overton's request. His Resolution No. 05-459. I is Resolution No. 05-460. And with that I'd move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council February 8, 2005 Page 4 of 23 De Weerd: Thank you. It's been moved to approve the Consent Agenda as amended. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department -Stacy Kilchenmann 1. Payoff of existing Latecomer Agreements: De Weerd: Thank you. Item 6 are the Department Reports. We start with Item A, Stacy with the Finance Department. Kilchenmann: Okay. I'm here this evening representing the combined partnership of Brad Watson and myself as pertains to paying off the existing latecomers agreements. As you know, you approved a new assessment fee schedule and in that assessment fee it includes a portion for reimbursement payments to developers when they put in oversize lines. Well, we currently have -- well, we have 34 existing latecomers agreements, all with various fee schedules and the problem is is that we are charging the assessment and charging the latecomer fee, we are charging the person twice for the same thing and this -- it would become extremely tedious to keep track of all this. So, what we are proposing to do is that we go ahead and we pay off our existing latecomers fees -- or agreements, which is about 2.5 million. We have a fund that's called Fund 62, it's called latecomer fund, that's money that we have been collecting as an administration fee for some time. It's got almost 4.5 million dollars in it. So, we propose to use half of that to pay off the existing agreements, then, we would still have 2.5 million as seed money that we will add that reimbursement portion to. So, in the future when we collect an assessment fee, we will separate the part that's a reimbursement fund accounting-wise, so that we know how much we have collected and where we are at and so forth. So, are there any questions for Brad or myself? Bird: Madam Mayor? De Weerd: No. Just probably an hallelujah over this. Bird: First, yeah, hallelujah. This is the latecomers; right? Kilchenmann: Correct. Bird: And no more; right? Brad? No more?