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:
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Brent E Borchers, P~ erty Owner
820 S Locust Grove Rd
Meridian ID 83642
STATE OF IDAHO
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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.
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GRANTEE: CITY OF MERIDIAN
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Tammy de Wee ayor
Attest by William G. Berg it ler
Approved By City Council On: '
STATE OF IDAHO, )
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County of Ada )
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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.
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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
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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?