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
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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
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By: ~~~ - ~2! f ~tt~ljs
Tammy de W er ,Mayor ~ ~e
Date: l- 2~' ~ ~
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ATTEST: ~ ~ De: ~' ~~'O~
William Berg, Jr., City Clerk _ ~3~'r' -{
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Date approve by Council: ~l~'~ ~ ~ '~~
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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~
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SECTIO N 25 T.4N., R.1W., B.M .
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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.
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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
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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)
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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.
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-~•.• N Y PUBLIC F IDAHO
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My Commission Expires on ~~~ ~ 1
Beneficiary: CITY OF MERIDIAN
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Tammy de erd, Mayor
ATTEST:
liam Berg, Jr.,
Date approved by Council: l-~~~~
SANITARY SEWER EASEMENT, Page 2 of 2
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STATE OF IDAHO, )
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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.
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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