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Permanent and Temporary Easement Contract with Brighton Investments, LLC for North Slough Sewer TrunkADA COUNTY RECORDER J. DAVID BOISE IDAHO 01127105 11:15 AM DEPUTY Vicki Allen RECORDED-REQUEST OF City of Meridian NAVARRO AMOUNT .00 ~II I~~I~~~~II~~~~~I~~I~~I~~~~I~I~ ~ ~~~ 10501Q11~ This sheet has been added to document to accommodate recording information. City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 103083 -North Slough Sewer Trunk Line Parcel # and Owner: 6B SO425131750 Brishton Investments, LLC Date of Offer: September 24, 2004 THIS RIGHT-OF-WAY CONTRACT, was made this 24 day of September, 2004, between the City of Meridian, acting by it Mayor and Council, herein Called "CITY" and Brighton Investments, LLC., herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A-1", "A-2", and "B-1" dated Jan. 10, 2005: NOW THEREFORE, the parties hereto agree as follows: 1.A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($) (Ftz) ($/Ft2) FACTOR Permanent Easement 67,082 .8034 50% $ 26,947 Temporary Easement 58,370 .8034 12% TOTAL EASEMENT CASH SETTLEMENT AMOUNT 5.627 $ 32,574 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 easement as determined by a certified real estate appraiser: Q~ Cash Payment* in the amount of ~ 3 2 ~ s7 ^ 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. The 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 name 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 WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIA)~i GRANTORS ~"- \ By: ~~~ - ~2! f ~tt~ljs Tammy de W er ,Mayor ~ ~e Date: l- 2~' ~ ~ ~' ~~'~~ ATTEST: ~ ~ De: ~' ~~'O~ William Berg, Jr., City Clerk _ ~3~'r' -{ z Date approve by Council: ~l~'~ ~ ~ '~~ 1" t~ • ~, ,, ;, ~~ ~. ""~' 108038/5/04-537 dlc ~~ ~ ~~ ~~+ LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # SO425131750 OWNED BY BRIGHTON INVESTMENTS, LLC This permanent sewer line easement is situated within the NE '/ of Section 25, Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an easement 45 feet in width, along the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the E % corner of Section 25; thence along the southerly line of the NE '/ of said Section 25, N89°26' S9"W, a distance of 2674.95 more or less feet to the C % corner of said Section 25; thence along the westerly line of parcel #50425131750, N00°32'54"E a distance of 393.45 to a point; thence N45°48'59"E a distance of 240.56 feet to the POINT OF BEGINNING From this point on said easement being 14 feet right and 31 feet left. Thence S44° 11'01 "E a distance of 777.76 feet to a point. From this point on said easement being 15 feet right and 30 feet left. Thence N45°50' 17"E a distance of 540.84' to a point, thence S44°09'43"E a distance of 178.78' to a point on the easterly line of the said parcel #50425161750, also being the END POINT of this easement description. The easement described contains 1.54 acres more or less Basis of Bearing N89°26'59"W (formerly N89°27'26"W) from the East 1/ corner to the Center'/< corner. See: Exhibit "A-2" Exhibit A-1 Date 1/ O5~ --- ----- SECTIO N 25 T.4N., R.1W., B.M . ' NE 1/4 ~~- `~ ~ 00 Q• ~' y~ ~~ ~~ ~~ ti ~~~ ~~~y ~. I ~~~ ~ ` y ~ I 1 \ \ / \ ~ / 1 C 1/4 COR Neaza~selr - - - - - \ / - - 267a_as_ ~ ,J, E 1 4 COIL / (N89'27'28'1M) $EC. Q$ - ~ ~~ ~ ~~ ~/ - - - $EC. REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ Rc DATE: ~AN_ iu 2005 PROJECT: cK'D BY: __~K SCALE: N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK APPROVED: LEGAL: A PORTION OF SEC. 25, DWG. No: RW. -- - T.4 N., R.? W., B.M., ADA COUNTY, - CITY ENGINEER DATE I DAH 0. SHEET 1 OF ~ P8rte_ ~„~nf ~ EXHIBIT A-2 SECTION 25 T.4N., R.1W., B.M. NE 1/4 -------------------~ r. '~ ~ ~~ QoO. ~ ~ ~ ;~~ ~ y~ ~ s ~- I ~ ~~, ~~ ~1~ ~ ~ ~) ~\ i\ ~ non N'~ ~~~ 8I ~~\ ~ ~ ~~~~/ ~ ~ c 1/4 COR N~ze's9w ~ ~ i ~ ~~ ~ I ~ ~, ~ I zc7a_as_ I ~ _ _ E 1/4 COR "-"~ SEC. 25 REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ Rc DATE: ~nN_ ~o 2005 CK'D BY: __~K SCALE: N.T.S. APPROVED: CITY ENGINEER DATE PROJECT: NORTH SLOUGH SANITARY SEWER TRUNK LEGAL: A PORTION OF SEC. z5 DWG. No: RW. T.4 N., R.? W., B.M., ADA COUNTY, ---- IDAHO. SHEET 1 QF ~ EXHIBIT B-1 EXHIBIT A SANITARY SEWER EASEMENT THIS INDENTURE, effective this // day of January, 2005, by the undersigned ~~u~roy /uy~r~E~Irsc.cE who maintains a mailing address of _/2Ga! rv. ~x~to2~ on. gu,r . ~d l3ars& , ID 83~r3 ,hereafter referred to as "GRANTOR" 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 Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does 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. TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the said CITY, its successors and assigns forever. 1. 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. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) 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 GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) ss County of Ada ) On this ~l~tlay of _ , 2005, before me ~~~~ G`'~' ~' ~ personally appeared r.~ 1~(.LJ~ v1 ,proved to me on the basis of satisfactory evidence to be the persons ose names is subscribed to the within instrument, and acknowledged that the~`ex cuted the same. ! NoT~+Ry ;~~n~ -~•.• N Y PUBLIC F IDAHO ~ s. p~,B Lac '•.,.F OF lp ~•••. My Commission Expires on ~~~ ~ 1 Beneficiary: CITY OF MERIDIAN Bye-~~a- ~~ Tammy de erd, Mayor ATTEST: liam Berg, Jr., Date approved by Council: l-~~~~ SANITARY SEWER EASEMENT, Page 2 of 2 ~~~ r 51~,~~,. ~, ~'~ j`'~s~'T 48~ •, P,~.~° "n Grantor f3/t~(fttzvit~ !^ldESr~~lzs r~ STATE OF IDAHO, ) ss. County of Ada ) On this~day o ~~before me, the undersigned, a Notary Public in and f aid State, rsonally appeared TAMMY 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. ~,,,aaseA~~aAeAma ,~ 6 •r9 ~. ~ E v~ A > a~ l~4S~Y G~ ~®&{g 650®®~~~ f~w '~4~~ (SEAL) ~° '~'~ +f" `° bLl'-` °~ ~ ® ~®,g,~ ~ ~ ~ ~` ~ NOTARY PUBLI FOR IDAHO ~ °' ®®"~ ~~ ~ RESIDING AT: ~ ®` ~ e MY COMMISSION EXPIRES: - s Z~ ~. ~'Ut3L 4 e!>~ao ~ ~ ,~~ ~~ Qo ~e~. ,~ , ~ ~g+~ 4q P '~ ~ Meridian City Council January 18, 2005 Page 2 of 38 for our city. Father, we just pray for an extra special blessing on them tonight as well, also on their families, we just pray that you continue to be with them. We thank you for this and all things in Jesus name, amen. De Weerd: Thank you so much. It's been such a great partnership with the Meridian ministerial fellowship. We appreciate you coming every single week to join us. Ragan: We appreciate the invite. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One item on our Consent Agenda, Item L, has been requested to be pulled from the Consent and moved to 7-L and to my knowledge that's the only revision we need and I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 21, 2004 City Council Regular Meeting: B. Approve Minutes of January 4, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 04- 011 Request to amend / replace the existing Development Agreement for the former Valeri Heights Subdivision for Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-O and R-15 zones for Meridian City Council January 18, 2005 Page 3 of 38 Sommersbv Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O and R-15 zones for Sommersbv Subdivision by Confluence Management, LLC -NEC of West Pine Avenue and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for the retirement complex at Devon Park Subdivision No. 2 by Fairview Lakes, LLC - 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-049 Request for detailed Conditional Use Permit approval for Fairview Lakes Phase II of the commercial development along East Fairview Avenue, which includes two drive-up windows; also, for the residential portion, a 30-unit Alzheimer facility with the retirement complex by Fairview Lakes, LLC - 824 East Fairview Avenue: H. Development Agreement: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC - 2683 West Chinden Boulevard: I. Engineering Services for Miscellaneous Wastewater Projects: J. Westborough Subdivision Lift Station Agreement: K. Permanent and Temporary Easement Contract for the North Slouch Sanitary Sewer Project by David Turnbull: M. Water Main Easement for Red Robin by Eagle -Fairview Investment Co., LLC: N. Sanitary Sewer Easement for Saaeland Subdivision: O. Streetlight Agreement for Soda Springs by Todd Campbell Construction: P. Streetlight Agreement for Settlement Bridge No. 1: Meridian City Council January 18, 2005 Page 4 of 38 Q. Sanitary Sewer and Water Main Easement for R. Orville Thompson: R. Master Agreement and License for Landscape Maintenance Ada County Highway District's Storm Water Drainage Facilities: S. Meridian Fire Department / Ada County Paramedic Stationing and Coordination of Services Agreement: De Weerd: Okay. Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with one change, Item L go to 7-L on the regular agenda, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of L. Is there any 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. Public Works Department -Brad Watson 1. Wastewater Facility Plan Update & Sewer Master Plan Update: De Weerd: Thank you. Brad, you're up with the department reports. Watson: Thank you, Madam Mayor and Council members. I had a challenge to captivate you with this agenda item tonight. De Weerd: Oh, we can tell it will be captivating. Watson: I wrote a memo today, just today, and gave it to Will. Hopefully, that's being passed down to you, that describes what we are doing here. As I stated in my memo, it's been two and a half long years of trying to get the facility plan for the wastewater treatment system and collection system approved and through DEQ. We signed a