20051104Complaint.pdf

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Molly 0 Leary j' iL ;(ib? ~:
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Tel: [phone] Fax: [phone]
molly0'ri chard so n ando I ea 'y,com
O, Box 7218 Boise, ID 83707 - 515 N, 27th Sr. Boise, ID 83702
November 4 , 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
RE: Case No. U UJ1;: -uJ -05 -oS-
Dear Ms. Jewell:
Enclosed please find an original and seven (7) copies of the COMPLAINT OF
JAYO CONSTRUCTION, INC., COMPLAINANT, vs. UNITED WATER IDAHO, INC.
RESPONDENT.
I have also enclosed an extra copy to be service-dated and retumed to us for
our files. Thank you.
Sincerely,
WJ\Gt~
Nina Curtis
Administrative Assistant
encl.
; -... .
Molly O'Leary (ISB # 4996)
Richardson & O'Leary PLLC
515 North 27tl1 Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
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Attorneys for J ayo Construction, Inc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
JA YO CONSTRUCTION, INe.
Respondent.
CASE NO. UwI:-Lv---OS- -oS'
COMPLAINT
Complainant
vs.
UNITED WATER IDAHO, INC.
COMES NOW, JA YO Construction, Inc., a duly organized Idaho corporation (hereafter
Jayo Construction" or "Complainant") by and through undersigned counsel, and files this
FORMAL COMPLAINT against United Water Idaho, Inc. (hereafter
, "
United Water" or
Respondent") for violation of its Special Facilities Tariff. This Complaint is submitted pursuant
to Rule 54 of the Rules of Procedure of the Idaho Public Utilities Commission ("Commission
IDAPA 31.01.01.054
COMPLAINT
United Water Idaho, Inc. is a regulated public utility subject to the Idaho Public
Utilities Commission s jurisdiction pursuant to Title 61 ofthe Idaho Code.
JA YO CONSTRUCTION COMPLAINT
AGAINST UNITED WATER IDAHO - 1
Jayo Construction, Inc. is a duly organized Idaho corporation in the business of
developing residential subdivisions.
Doug Jayo is president of Jayo Construction.
Jayo Construction is developing an 88-10t subdivision in the north Boise Foothills
commonly know as Sommerset Ridge Subdivision No.4 ("Sommerset Ridge 4"
).
See
Complainant's Exhibit 1 , attached.
In December of2004, United Water agreed to provide service to Sommerset
Ridge 4, pursuant to its "tariffs, rules and regulations as filed with the Idaho Public Utilities
Commission.See Complainant's Exhibit 2, attached.
In January of2005 , United Water sent Mr. Jayo a "Special Facilities Analysis" for
Somerset Ridge 4, identifying the need for additional water storage capacity to serve the new
subdivision as well as meet United Water s "Existing Peak Storage Needs" and existing fire
protection needs. See Complainant's Exhibit 3 , attached.
In January of2005, United Water directed Jayo Construction to obtain an
attached.
easement" for a new reservoir ("New Claremont Reservoir
).
See Complainant's Exhibit 4
The location of said easement was determined by United Water, based on its
desire to tie the New Claremont Reservoir into United Water s Existing Claremont Reservoir.
See Complainant's Exhibit 5, Affidavit of Doug Jayo, attached.
Unlike United Water s Existing Claremont Reservoir, which sits below the line of
sight of adjoining building lots, the location of the proposed New Claremont Reservoir is in full
view of said adjoining lots. Id.; see also Complainant's Exhibit 6, attached.
10.On or about August 1 2005, Jayo Construction purchased an easement ftom
Claremont Realty Company for siting ofthe New Claremont Reservoir. The purchase price was
$226 239.00 ("Easement Purchase Price
).
See Exhibit 7, attached.
11.Although characterized as an easement, construction of an above-ground water
storage reservoir on the site identified by United Water will consume virtually the entire market
JA YO CONSTRUCTION COMPLAINT
AGAINST UNITED WATER IDAHO - 2
value ofthe easement property as a Boise Foothills building site due to the size and location of
the proposed New Claremont Reservoir. See Complainant's Exhibit 8, attached.
12.Although characterized as an easement, construction of a water storage reservoir
on the site identified by United Water will negatively impact the market value of adjoining
building sites due to the proposed water reservoir s prominence in relation to surrounding
building lots.
13.Due to the lack of options regarding siting of the proposed New Claremont
Reservoir, its size, and its view obstruction in relation to other valuable Boise Foothill building
lots, the Easement Purchase Price paid by Jayo Construction was fair, just and reasonable. See
Complainant's Exhibit S.
14.United Water s "Special Facilities Tariff' requires United Water to "construct
and/or install special facilities as may be required ftom time to time to maintain the rendering of
adequate water service to existing customers.See Paragraph 76, sheet No. 24, United Water
Idaho, Inc.s Rules and Regulations Governing Water Main Extensions, Complainant's Exhibit
, attached.
15.According to United Water s calculations, it needs 60 100 gallons of storage
capacity to meet its Existing Peak Storage Needs in the existing Somerset Ridge and Claremont
subdivisions. See Complainant's Exhibit 3.
16.
capacity to meet fire protection requirements for its existing customers. Id.
According to United Water s calculations, it needs 116 000 gallons of storage
17.
Existing Claremont Reservoir, it needs 86 700 gallons of new storage capacity. Id.
According to United Water s calculations, given the 90 000-gallon capacity ofthe
18.According to United Water, its new storage needs represent 44% of the water
storage capacity ofthe proposed New Claremont Reservoir. Id.
19.Based on its Special Facilities Tariff, United Water offered to share in 44% of the
cost of siting and constructing said new reservoir. !d.
20.United Water s 44% share of the Easement Purchase Price is $99 545.16.
JA YO CONSTRUCTION COMPLAINT
AGAINST UNITED WATER IDAHO - 3
21.Paragraph 75 of United Water s Special Facilities Tariff requires United Water to
submit an "advance and refund agreement" governing the terms of an Applicant's advances in
aid of Special Facilities construction to the Commission for approval. See Complainant'
Exhibit
22.United Water acknowledged its duty to submit said agreement to the Commission
for its approval in a letter to Jayo Construction dated January 20 2005. See Complainant's
Exhibit 4.
23.Based on the chronological list of action items in United Water s January 20tlJ.
letter to Jayo Complainant, it is clear that United Water understood that a Special Facilities
Agreement should be submitted to the Commission for its approval early on in the process. !do
24.United Water acknowledged that time was of the essence in "managing the
project schedule" for the New Claremont Reservoir Id.
25.Despite United Water s acknowledgement that time was ofthe essence in
managing the project schedule, and in violation of its Special Facilities Tariff, United Water did
not even provide Jayo Construction with a draft Special Facilities Agreement until August 11
2005 - seven months after it acknowledged its obligation to do so, and 10 days after Jayo
Construction concluded the purchase of the easement United Water directed it to obtain. See
Complainant's Exhibit 10 attached.
PRAYER FOR RELIEF
26.Based on the foregoing facts, Complainant hereby prays the Commission to
determine that the Easement Purchase Price for the New Claremont Reservoir is a fair market
price for said easement and that United Water s agreement to pay for 44% of said Easement
Purchase Price is fair, just and reasonable.
27.Based on the foregoing facts, Complainant hereby prays the Commission to order
United Water to comply with its Special Facilities Tariff:
(a) by immediately executing the Special Facilities Agreement attached hereto as
Exhibit 11 and submitting said agreement to the Commission for its immediate review; OR
JA YO CONSTRUCTION COMPLAINT
AGAINST UNITED WATER IDAHO - 4
(b) by independently building a new storage reservoir facility to serve its existing peaking
storage needs and fire protection storage needs identified in Complainant'Exhibit 3.
27.Complainant further prays for an award of its attorney fees and costs against
Respondent United Water.
RESPECTFULLY SUBMITTED this day of November, 2005.
ction, Inc., Complainant
JA YO CONSTRUCTION COMPLAINT
AGAINST UNITED WATER IDAHO - 5
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United Water 1('0.. United Water Idaho Inc:,8248 W. Victory Road
O, Box 190420
Boise, 10 83719.0420telephone [phone]
facsimile 208 362 3858
December 8, 2004
Engineering North West LLC
Mr. Gene Smith
423 N. Ancestor Place, Suite 180Boise, ID 83704
Subject: Sommerset Ridge Subdivi5ion No.
Dear Mr. Smith:
The pUrpose of this letter is to advise you that the above mentioned subject, Sommerset Ridge
Subdivision No.4 is serviceable \\ith United Water Idaho under its present wiffs
, rules, andregulations as ftled with the Idaho Public Utilities Commission. Fire protection design for
single family residential subdivisions is 1500 GPM with a 20 pound residual for a
~wo hourduration.
I trust that this letter will aid you ill the speedy process of this project.
V cry truly yours,
~ \!),
John Lee
Construction Coord mator
RECEIveD
DEC - 9 2004
www,unltedw8ter,com EXHIBIT 2
COMPLAINT
JAYO C STRUCTION, INC.
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SOMERSET SUBDIVISION
SPECIAL FACILITIES ANALYSIS
EXISTING CONDITIONS
EXISTING RESERVOIR: CLAREMONT RESERVOIR - 90 000 GALLONSEXISTING PUMPING FACILITIES:
CRESTLINE BOOSTER STATION
SUNVIEW BOOSTER STATION
EXISTING UWID CUSTOMERS - 162
NEW CONDITIONS
ADDITIONAL CUSTOMERS WITH SOMERSET - 88
ADDITIONAL STORAGE CAPACITY REQUIRED
NO ADDITIONAL PUMPING FACILITIES REQUIRED
STORAGE CAPACITY REQUIREMENTS
EXISTING UWID CLAREMONT CUSTOMERS AVERAGE JULY-AUGUST USAGE = 1 564 GALLONS PER DA Y/CUSTEXISTING SOMERSET CUSTOMERS AVERAGE JULY-AUGUST USAGE = 2 228 GALLONS PER DAY/CUST
MAXIMUM DAY FACTOR = 62/55.4 = 1.1
EXISTING CLAREMONT CUSTOMERS MAX DAY = 1 564 X 1,1 = 1 720 GALLONS PER CUSTOMER PER DAY
TOTAL MAXIMUM DAY = 1 720 X 132 = 227 000 GALLONS
PEAKING STORAGE = 227 000 X 0.20 = 45,400 GALLONS
EXISTING ORIDNSOMERSET CUSTOMERS MAX DAY = 2 ~28 Xi, 1 = 2 451 GALLONS PER CUSTOMER PER DAYTOTAL MAXIMUM DAY = 2,451 X 30 = 73,500 GALLONS
PEAKING STORAGE = 73 500 X 0.20 = 14,700 GALLONS
EXISTING PEAKING STORAGE NEEDS =45,400 + 14,700 = 60,100 GALLONS
NEW SOMERSET CUSTOMERS MAX DAY = 2 228 X 1.1 = 2,451 GALLONS PER CUSTOMER PER DAY
TOTAL MAXIMUM DAY = 2,451 X 88 = 215 700 GALLONS
PEAKING STORAGE = 215 700 X 0.20 = 43 100 GALLONS
NEW PEAKING STORAGE NEEDS = 43 100 GALLONS
TOTAL PEAKING STORAGE NEEDS = 60 100 + 43 100 = 103,200 GALLONS
FIRE PROTECTION IS BASED UPON 1 500 GALLONS FOR TWO HOURS = 180 000 GALLONS
TOTAL STORAGE REQUIREMENT = 103 200 + 180,000 = 283 200 GALLONS
NEW STORAGE ADDITION = 283 200. EXISTING 90 000= 193,200 GALLONS
ASSUMING EACH PARTY PARTICIPATES IN THE FIRE PROTECTION VOLUME PROPORTIONATE TO THE NUMBER
OF LOTS:
UWID: 162 EXISTING LOTS (162+ 88) = 64.8% =;:. 0.648 X 180 000 = 116 600 GALLONS
SOMERSET: 88 NEW LOTS (162 + 88) = 35.2% =;:. 0.352 X 180 000 = 63,400 GALLONS
TOTAL VOLUME REQUIREMENTS PER PARTY:
UWID: PEAKING - 60,100 GALLONS + FIRE PROTECTION -116 600 = 176 700 GALLONSSOMERSET: PEAKING -100 + FIRE PROTECTION - 63,400 GALLONS = 106 500 GALLONS
UWID HAS EXISTING 90 000 GALLONS - REDUCING NEW VOLUME REQUIREMENT TO 86 700 GALLONS700/193 200 = 0,449, OR 44,9% OF NEW VOLUME ADDITION
AS A RESULT:
UWID SHARE =
SOMERSET SHARE =
44,
55.
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EXHIBIT 3
CO MPLAINT
JA YO CONSTRUCTION, INC.
~P(/(; '1 /wo
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United Water f,I~.
(ID
United Water Idaho Inc.
8248 W, Victory Road
O, Box 190420
Boise, ID 83719-0420
telephone [phone]
facsimile 208 362 3858
January 2005
Mr. Doug Jayo, President
J ayo Construction, mc,
1323 South Five Mile Road
Boise, ID 83709
SUBJECT: Construction of new Claremont Reservoir
Dear Mr. J ayo:
We appreciated the opportunity to meet with on Friday, January 14 2005 to discuss the above
project. It appears that the project schedule is a very high priority. With that in mind, I havelisted below a few of the key tasks that need to be addressed and the responsible party:
Project cost estimate - UWID
Adapt Special Facilities Contract to this project - UWID
Submit executed agreement to IPUC for review and approval - UWID
Secure easement for new tank - JCI
Hire structural engineer - JCI
Provide key design specifications for tank - UWID
Submit plans & specs to DEQ - JCI
Submit project to P&Z for approval- JCI
Submit final construction plans to Building Dept - JCI
Secure construction bids from contractors - JCI
Oversee construction - Structural Engineer/UWID
Fill tank, disinfect and place in-service - UWlD
Clearly there are many sub-tasks involved in each of these, but I think this covers most of the
major items that need to be completed in order to successfully construct this new facility.
The approved structural engineers are Stapely and JUB Engineers. The approved concrete
contractors are McAlvain, Concrete Placing and JC Constructors.
On Friday we discussed your concerns regarding the project schedule and your willingness to
proceed with construction while the IPUC performs their review of the proposed agreementnoting the risk that the IPUC does not approve the agreement as proposed. We trust thiscircumstance will not occur, but it is important to acknowledge the risk up front.
EXHIBIT 4
COMPLAINT
JAYO CONSTRUCTION, INC.
f=IVC1:.:, . t:~ ,
JAN 2 4 2005www,unitedwater.com
In order to mitigate that risk, it will be very important to closely manage this project. I will
contact Gene Smith with Engineering Northwest, to develop a plan for managing the project
schedule.
Sincerely,
Daniel Brown
Senior Project Engineer
C: Gene Smith, Engineering Northwest
Scott Rhead, United Water Idaho
'-.".
Molly O'Leary (ISB # 4996)
Richardson & O'Leary PLLC
515 North 27th Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
Attorneys for J ayo Construction, Inc.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
JA YO CONSTRUCTION, INC.
CASE NO.
AFFIDAVIT OF DOUGLAS JA
Complainant
vs.
UNITED WATER IDAHO, INC.
Respondent.
COMES NOW, Douglas Jayo, who being first duly sworn on oath, deposes and
says:
corporation.
I am the President of J ayo Construction, Inc., a duly organized Idaho
I have personal knowledge of the facts stated herein.3. Jayo Construction is developing an 88-10t subdivision in the Boise
Foothills commonly known as Sommerset Ridge Subdivision No.4. ("Sommerset Ridge
No.4. Jayo Construction was advised by United Water ofIdaho, Inc. ("United
Water ) that a new water storage facility would be required in order for United Water to
provide service to Sommerset Ridge No.5. Because United Water does not currently have sufficient capacity to meet
its existing peak storage needs, United Water agreed to contribute 44% of the cost of the
siting and construction of said new water storage reservoir.6. Jayo Construction was instructed by United Water to purchase an
easement for the siting of said new water storage reservoir.
AFFIDAVIT OF DOUGLAS JA YO - 1
EXHIBIT 5
COMPLAINT
JAYO CONSTRUCTION, INC.
('""\
7. At no time prior to J ayo Construction s purchase of said easement did
United Water set a maximum price to be paid for said easement, or in any other way limit
its 44% participation in the cost of said easement.
United Water determined the location ofthe new water storage reservoir.9. The location chosen by United Water is a prime Foothills building site
owned by Claremont Realty.
10. Due to the size and location ofthe new water storage reservoir, virtually
the entire market value of the building site selected by United Water will be consumed by
the placement of the new water storage reservoir on the lot.
11. United Water s existing water storage reservoir sits below the crest of the
hill where United Water wants the new water storage reservoir to be constructed. Thus
unlike the location chosen by United Water for the new water storage reservoir, the
existing storage tank does not obstruct the viewscape of adjoining lots. See Exhibit 2
attached.
12. Due to the market value of the building site chosen by United Water for
placement of the new water storage reservoir, Claremont Realty was reluctant to sell an
easement to Jayo Construction for the new water storage reservoir.
13. Claremont Realty hired Gene Smith, P., of Engineering Northwest, LLC
to evaluate other possible locations for the new water storage reservoir; however, no
other suitable location could be identified due to the hilly terrain of the surrounding
foothills and the need to tie the new reservoir to United Water s existing reservoir.
14. For this reason, the fair market value of the easement on the building site
chosen by United Water is $226, 239.00. See Exhibit 1 attached.
FIANT SA
~JR NAUGHT
oug s Jayo /
Dated:
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NOTARIAL ACKNOWLEDGMENT
State of Idaho
) ss.
County of Ada
Subscribed and sworn to before me, the undersigned Notary Public, on this 3- day of
November, 2005, by the above-named DOUGLAS JA YO, personally known to me to be
the person named as the affiant in the above affidavit.
AFFIDAVIT OF DOUGLAS JA YO - 2
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this
certificate above written.
ill;;,..u J
Notary Public in and for d
Residing in Boise, Ada County, Idaho
AFFIDAVIT OF DOUGLAS JA YO - 3
My commission expires f?/ RJ
EXHIBIT 1 AFFIDAVIT
COMPLAINT
JAYO CONSTRUCTION, INC.
EXISTING CLAREMONT STORAGE TANK
The existing Claremont Storage Tank sits just below the ridgeline.
The New Claremont Storage Tank would be located to the right
on the ridgeline.
EXHIBIT 2, pg 1 AFFIDAVIT
COMPLAINT
JAYO CONSTRUCTION, INC.
CLAREMONT WATER STORAGE TANK
ADA COUNTY , IDAHO
5/18/05
WATER LINE AND OVER FLOW/DRAIN LINE
PIPING PLAN EXHIBIT2 pg2 AFFIDAVIT
COMPUUNT
JAYO CONSTRUCTION, INC.
EXISTING CLAREMONT STORAGE TANK
The existing Claremont Storage Tank sits just below the ridgeline.
The New Claremont Storage Tank would be located to the righton the ridgeline.
EXHIBIT 6
COMPLAINT
JAYO CONSTRUCTION, INC.
TITLEONE COMMERCIAL
1101 W. RIVER ST, SUITE 201
BOISE , ID 83702
[phone]
STATEMENT OF SETTLEMENT FOR PURCHASERS
PROPERTY ADDRESS: CLAREMONT DR., BOISE, ID 83702
PURCHASER/BORROWER(S): JAYO CONSTRUCTION , INC,
SELLER(S): CLAREMONT REALTY COMPANY
SETTLEMENT DATE: August 1 , 2005 DISBURSED: August 1 , 2005 PRORATION DATE:August 1 2005
Contract Sales Price 225 000_Settlement or Closing Fee TITLEONE COMMERCIAL 250.Title Insurance Premium COMMONWEALTH LAND TITLE INSUR 980,Recording Fees TlTLEONE COMMERCIAL
DEBIT CREDIT
Subtotals
Balance Due FROM Purchaser/Borrower
TOTALS
226 239,
226 239,
226 239,
226 239,
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
/ '-----
TITL ONE CORPORATION
"":
EXHIBIT 7
COMPLAINT
JAYO CONSTRUCTION, INC.
(AO544368.PFDI AO544368/15)
-----------= - -.5?~_-:---~::-- -
3260~ .
CLAREMONT WATER STORAGE TANK
ADA COUNTY, IDAHO
WATER LINE AND OVER FLOW/DRAIN LINEPIPING PLAN EXHIBIT 8
COMPLAINT
JAYO CONSTRUCTI()~, INC.
5/1
Sheet No. 23
Replacing all Previous Sheets
IDAHO PUBLIC UTILITIES COMMISSIONApproved Effective
August 11, 2005 August 2, 2005
Jean D. Jewell Secretary
UNITED WATER IDAHO INC.
RULES AND REGULATIONS GOVERNING WATER MAIN EXTENSIONS (continued)
specifications, and estimates, the Applicant shall reimburse the Company an amount
equal to Company s expenses.
73. The deposit referred to in paragraph 71 above, shall normally be a cash
deposit. In this instance, the Company shall provide the material and labor for
installation of the project.
However, the Applicant may provide the material and/or contract labor for the installation
of the necessary facilities. In this instance, the Applicant shall deposit with the Company
an amount equal to the estimated cost of applicable overheads for the entire project and
the estimated direct labor costs incurred by the Company for such items as engineering
design, estimating, and inspection. Also, the Applicant shall furnish the Company a
certified invoice of sufficient detail to show the separate costs of material and labor for
water mains and appurtenances by size, service laterals by size, meter boxes, meter
settings and fire hydrants. The Company shall specify the material to be supplied by the
Applicant with respect to size and type. In general, the material shall conform to the
Company s standard material specifications and applicable AWWA specifications. The
Company shall, at Applicant's expense, make all connections to the Company s existing
system if in the Company s opinion the contractor does not have the experience or
equipment to make such connection. Applicant's contractor shall comply with Section
and Section 2 of Company Requirements for Labor in Lieu of Cash Contractors.
general, areas covered are requirements for inspection, monitoring of construction
acceptance and handling of materials , documertation of costs , correction of faulty
installation, insurance, bonding, license requirements, experience, and equipment
availability. The Company may deny the right of Applicant to provide a contractor who
has not complied with its requirements in the past.
SPECIAL FACILITIES
74. Special facilities shall include source of supply, storage and booster
pumping facilities which may be required to render adequate water service to an area for
which such service has been requested.
75. Should an Applicant propose a Residential, Commercial , Industrial , or
Municipal Development requiring a special facility or special facilities, the Applicant shall
advance the cost of such facility or facilities. Normally, the advance shall be a cash
advance. In this instance, the Company shall provide the material and labor for the
installation of the facilities.
However, the Applicant may, with the Company s approval, provide the material and/or
contract labor for the installation of the special facility or facilities. In the instance where
an Applicant provides the material and/or contract labor, the Applicant shall deposit with
UNITED
Issued Per IPUC Order No.
Effective - August 2, 2005
Issued by UNITED WATER IDAHO INC.
Gregory P ,. Wyatt, Vice President
8248 West Victory Road, Boise, Idaho
EXHIBIT 9
COMPLAINT
JA YO CONSTRUCTION, INC.
DRAFT 8-11-
SPECIAL FACILITIES AGREEMENT
A. No. C05EO01
AGREEMENT between UNITED WATER IDAHO INC., hereinafter caned the
Company" and JAYO CONSTRUCTION, INC., hereinafter called "Jayo.
WHEREAS, a water storage reservoir and associated equipment and facilities, hereinafter
called the "System Extension " is required to serve Jayo s Sommerset Ridge Subdivision
Jayo has requested the Company extend its system as follows and in accordance with the
map or plan attached hereto marked as Exhibit A and made a part hereof:
Construction of a 193 200 gallon storage reservoir, the necessary supply line
overflow and drain line, power line, telemetry equipment and booster pumping
improvements at a total estimated cost of $442 377, necessary to provide peaking
supply and fire protection to the following 250 lots:
162 Existing lots within the Claremont Reservoir pressure zone
88 New lots within Sommerset Ridge Phases 4 & 5
And
WHEREAS, the Company owns the existing 92 000 gallon Claremont Reservoir whose
capacity is insufficient to provide the necessary peaking supply and fire protection to the
above referenced 250 lots and is located contiguous to the site for the proposed system
extension.
And
WHEREAS , the Company is willing to make such extension upon the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Application for System Extension.Jayo hereby applies to the Company for
the said extension of its system, and the Company agrees to construct the said SystemExtension upon the terms and conditions hereinafter set forth and in accordance with its
Rules and Regulations.
EXHIBIT 10
COMPLAINT
JAYO CONSTRUCTION, INC.
SPECIAL FACILITIES AGREEMENT
eE.A. No. C05EO01
AGREEMENT between UNITED WATER IDAHO, INc., hereinafter called the
Company" and JAYO CONSTRUCTION, INc., hereinafter called "Jayo
WHEREAS, a water storage reservoir and associated equipment and facilities,
hereinafter called the "System Extension , is required to serve the 88 residential
lots in Jayo s Sommerset Ridge No.4 Subdivision, and Jayo has requested the
Company to extend its system in accordance with the map or plan attached
hereto marked as Exhibit A and made a part hereof; and
WHEREAS, the Company requires 176,700 gallons of additional water storage
capacity to meeting peaking and fire protection water storage needs for its
existing 162 customers within the existing Oaremont Reservoir pressure zone;
and
WHEREAS, Jayo has agreed to construct a 193,200 gallon storage reservoir
New Claremont Reservoir"), the necessary supply line, overflow and drainline, power line, telemetry equipment and booster pumping improvementsnecessary to provide peaking supply and fire protection to the 250 above-
identified residential lots at an estimated cost of $673,441.90 (see Exhibit B
attached hereto and incorporated herein by this reference); and
WHEREAS, the Company existing 92,000 gallon Claremont Reservoir
Existing Oaremont Reservoir"), whose capacity is insufficient to provide the
necessary peaking supply and fire protection to the above-referenced 250 lots, is
located contiguous to the site chosen by the Company for the proposed system
extension; and
WHEREAS, the Company is willing to make such extension upon the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, THE PARTIES HERETO AGREE AS
FOLLOWS:
- -
EXHIBIT 11
COMPLAINT
JAYO CONSTRUCTION, INC.
1. Application for System Extension. ayo hereby applies to the
Company for the said extension of its system, and the Company agrees to
construct the said System Extension upon the terms and conditions hereinafter
set forth and in accordance with its Rules and Regulations,
2. Company Betterment Toward the System Extension.The
Company agrees to pay 44.0% of the cost of the System Extension as Company
betterment for the 162 existing customers served by the Existing Claremont
Reservoir.
3. layo Advances and Contributions Toward the System Extension.
Jayo shall advance to the Company upon the execution hereof the sum of Two
Hundred Seventy-Seven Thousand and Five Hundred and Eighty-Two dollars
and Thirty cents ($277,582.30), in cash or the combination of cash and labor and
materials in-lieu-of-cash, which amount the Company estimates to be Jayo s 56%
share of the cost of installing the said System Extension as described above
including overhead costs to the Company and supervision, engineering,
accounting, legal expenses and the cost of obtaining any necessary governmental
permits. Any clifference between the actual cost of the System Extension
attributable to Jayo and the amount advanced shall be shown as a revision of the
amount of advance and shall be payable within thirty(30) days of submission.
The actual cost thus finally determined shall be referred to as the II advanced cost
of the System Extension If it is necessary to adjust the amount of Jayo
advance, in accordance with the terms of this paragraph, a supplemental
memorandum will be prepared setting forth the II advanced cost of the System
Extension" and shall be attached hereto and made a part hereof.
4. Refunds.The Company will make a one-time refund to Jayo per
new residential customer within Sommerset Ridge Phases 4 and 5 served by the
System Extension, the amount of which shall be determined in accordance with
the table set forth in Exhibit C, attached hereto and incorporated herein by
reference. The refund amount will be based upon the annual revenue receivedby the Company from the residential customer for water utility service as
determined by using the most recent twelve months of billing data, after the
residential customer which is the subject of the calculation, has received
permanent water utility service from the Company for a period of twelve (12)consecutive months. The total refund amount shall not exceed the final
II advanced cost of the System Extension . The only connections eligible for
refund shall include all residential lots within Jayo s proposed Sommerset Phases
4 and 5. The average annual consumption per residential customer within the
existing Sommerset area is projected to be approximately 400 cd which results in
a refund of $1 800 as per Exhibit C. The Company agrees to refund to Jayo 80%of this amount ($1 440) as new residential customers are connected. Thesepayments will occur on a quarterly basis. Final adjustment to the refund amount
will occur at the conclusion of the 12 consecutive months, as referenced above
with the Company paying Jayo the balance of the refund amount above $1
440 orJay paying the Company the difference if the final refund amount is less than
440.
5. Accounting.The amount of said" advanced cost of the SystemExtension" less the total amount refunded over the term of this agreement, shallbe retained b y the company and booked as a contribution in aid of construction.
6. Timing and/or Delays.The Company will use its best efforts tocommence and carry to completion as soon as possible the installation of the said
System Extension, but will not be responsible for delays which may beoccasioned by weather, acts of God or the public enemy, strikes, delaysprecipitated by Jayo, or other matters not within its control.
7. Permits and Approvals.It is further understood and agreed by and
between the parties hereto that the Company s agreement to construct the saidSystem Extension is subject to the Company obtaining all necessary consentsorders, permits and approvals of public officers or public bodies havingjurisdiction over or lawful interest in any of the subject matters herein. In theevent that the Company, after prompt application and diligent effort, is unable to
obtain any necessary consent, order, permit or approval as aforesaid, or in theevent that the Company is enjoined or prevented by lawful action of any such
public officer or official body from constructing the said System Extension, theCompanys sole obligation will be to repay Jayo the difference between theamount advanced and estimated expenses incurred by the Company inconjunction with the System Extension which is the subject of this Agreement.
8. Easement(s) for Location of System Extension.Jayo agrees to grant tothe Company a permanent easement for access and utility purposes, for thebenefit of the Company, for the purpose of constructing, accessing andmaintaining such access roadway(s), water storage tank(s), water line(s), drainline(s), pump(s), pump house(s), drainage pipe(s), landscaping, power facilities
. .- '~~~
and/ or communication facilities, subject to the terms and conditions set forth in
the Exhibit D.
9. Ownership of System Extension.It is further mutually understoodand agreed that the System Extension within the limits of the street, avenuesroads, ways or easement areas, whether or not attached to or serving customers
but constructed as part of the System Extension shall be and remain the propertyof the Company, its successors and assigns. The Company shall have the right to
extend any main installed by it pursuant to the terms of the Agreement in or to
other lands, streets, or avenues.
10. Agreement Subject to Idaho Public Utilities Commission Approval.
It is agreed and mutually understood that the terms of the agreement,particularly paragraphs two (2), four (4) and five (5), are subject to approval bythe Idaho Public Utilities Commission. Further, should the Idaho Public Utilities
Commission not approve the Company betterment, or the refund provision in
paragraph two (2) and paragraph four (4), the Company shall retain the
advanced cost for the System Extension.
11. Term of Agreement.The term of this agreement shall be fore fifteen
(15) years from the date hereof.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
signed by their duly authorized officers this _
day of 2005.
UNITED WATER IDAHO, INC:
Attest:
Gregory P. Wyatt
Its: Vice-President
JA YO CONSTRUCTION, INC:
Attest:
Douglas Jayo
Its: President
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CLAREMONT WATER TANK
LANDSCAPE EASEMEN
1" - 1cxf
s.35 JteD"J8";,e-V; 2851L.8" $.35 $5.2 8.2 5.
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CLAREMONT WATER TANK
TEMPORARY CONSTRUCTION EASEMENT
N84-ofO!E:54.00'
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~"Oo\'~7"t0\ .".,.- ,10.01~i\
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~5\riliiROPOSED \8.~
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132.92"
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5.3S N!l1I19'36"W 2650.98" 5.35 S.2 $.2 5.
1- II1II 100"
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-'~on.Jlj~M...~'WA""WOl.,."""--~ '~f1'~ ""O1-.ZI N411$T
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CLAREMONT WATER TANK
TANK SCREENING EXHIBIT
EXHIBIT
LEGEND
0" SCREENING. VEGETAlION-
, . -
SCALE: ,- 30'
~0
\ , \ \ \ ,
PROPOSED LANDSCAPEEASEUENT
, \ \ \
~EXlSl'lNG WATER\G\ TANk EASEMENTf \
~, , \
Q -~..Y-
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- . ----..0'
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JAYO CONSTRUCTION INC.
PLAZA POINTE, 1323 S-.FIVE MtLE RD.
BOISE, IDAHO 83709 [phone]
CLAREMONT WATER TANK COSTS
Thursday, November 3. 2005
$226,239,
308 000.
26,498.
543,
056,
Easement from Claremont Realty Co.
C. Constructors (construction of tank) Price subject to change due to increased cement prices
B- Engineers (water tank design)
Engineering Northwest (easements and legal description for water tank)
Ada County (grading and building permits)
40,369.
700,
500.
11,400.
000,
000.
136.
??????????
673,441 .
Jayo Construction Management Fee
United Water Overhead
United Water Labor (estimate)
Telemetry (estimate)
Power (estimate)
Booster Pump Improvement (estimate)
Application fees to Ada County
Change orders/contingencies
EXHIBIT B
: :.:eSPECIAL FACILITIES
AGREEMENT
EASEMENT TO BE ASSIGNED TO
UNITED WATER
EXHIBIT D
COMPLAINT
JAYO CONSTRUCTION, INC.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 48.00 lti
BOISE IDAHO 08/02105 04:27 PM
DEPUTY Bonnie Oberbillig
1111111111111111111111111111111111111~~O
~~e
ED-REQUEST OF 105107129
, .. .
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EASEMENT A9REEMENT
Claremont Realty Company. an Idaho corporatioD, of Post Office Box 27. City of
Boise. County of Ada, State of Idaho ("Grantor \ owner of that land on which the below
described easement runs. in consideration of good and valuable consideration receipt of which is
aclrnowlcdged, hereby grants, bargains, sells and conveys to JAYO CONSTRUCTION, INc.
an Idaho corporation, whose address is 1323 South Five Mile Road, Boise, ill 83709
Grantee ), the following easements:
A perpetual easement for the construction, maintenance and operation of a water
tank (the "New Water Tank") located wholly or partially on the property particularly
described and generally depicted in Exhibit "A" attached hereto and incorporated herein,
which property is immediately adjacent to an existing easement in which an existing
water tank (the Existing Water Tank") is cmrcntly located.
perpetual easement for the construction, maintenance and operation of-
llnderground power, telephone and communications facilities associated with the New
Water Tank on the property particularly descn'bed and generally depicted in Exhibit "
attached hereto and incorporated herein.
perpetual easement for the construction, maintenance and operation of
underground water lines carrying water to and from the New Water Tank and the
Existing Water Tank on the property particularly described and generally depicted in
Exhibit "C" att2.cbed hereto and incorporated herein.
A perpetual easement for the construction and maintenance and replacement of
landscaping on the property particularly described and generally depicted in Exhibit "D3'
attached hereto and incorporated herein.
A temporary construction easement for the construction of the New Water Tank
and associated facilities on the property particularly described and generally depicted in
Exbibit "E" attached hereto and incorporated herein, which easement shall tenninate six
(6) months after the date of this Easement Agreement.
The foregoing easements arc granted on the express conditions enumerated below, which
Grantee hereby agrees to fulfill:1. Grantee shall secure all permits necessary to enable Grantee to construct any
desired improvements and shall comply'with all such permits and penmt conditions and any
applicable laws, roles and orders concerning the use of the easement areas and the construction
maintenance and operation of aJIY improvements on the easement areas, Grantee shall Ie-
vegetate all areas disturbed by Grantee s activities and maintain the same until such vegetation js
pennanently re-established.
2. Simu.ltaneous with the construction of the New Water Tank, Grantec shall install
landscaping as generally depicted on l1-:xhibit "F" and pursuant to detaikd plans and
speciflcations approved in ,~'ritiJ1g and in advance by Grantor. Grantee shall thereafter forever
EASEMENT AGREEMENT
Bojsc-186096,j 0045136.00006
()()() em ~,n "~TT.~nT~"~.~ ~TP~
~~~~ --~ ,.~- ~...- --. -- ----~ ~- --
. '
maintain and replace such landscaping as is necessary to kcep the same in good condition and to
maintain a visual screen of the Existing Water Tank at all times. This obligation may forever be
enforced by the Grantor named herein even if the Grantor named herein conveys its entire
interest in the land encumbered by this Easement Agreement.3. Grantee shall indemnify, defend, and hold Grantor and its agents and employees
hannless ftom any damage, loss, cost, expense (including, without limitation, reasonable legal
fees, court costs, and expenses), liens or claims caused by, attributable to, or resulting from the
entry onto the easement areas or Grantor s adjoining property or use of the easements herein
granted by Grantee, its agents, emp10yees contractors. or consultants.4. So long as the Grantor named herein owns fee title to the land subject to this
Easement Agreement, and as long as the Grantee is not a Public Water Utility, the foregoing
additional conditions apply and Grantor hereby agrees to fulfill these conditions:
Prior to entering onto the easement areas, Grantee shall execute Grantor
standard-form Insurance and Indemnity Agreement, a copy of which has
been provided to Grantee, and a full aI:Id unconditional release of all rights
to:file construction or other liens against Grantor s property.
Prior to allowing any contractors or subcontractors or other third parties to
enter upon the easement areas, Grantee shall cause such contractors or
subcontractors and third parties to execute Grantor s standard-foID1
Insurance and Indemnity Agreement and a full and unconditional release
of all rights to file construction or other liens against Grantor ;; property.
This Easement Agreement shall be binding upon and benefit the successors and assigns of
Grantor and Grantee and, unless otherwise indicated, a reference to Grantor or Grantor includes
their successors and assigns. The foregoing notwithstanding, Grantee shall not assign this
easement to anyone other than United Water Idaho, Inc. OT another public utility company
providing water service to residences in the area where the easement is located (a "Public Water
Utility"
).
Any purported assignment of this Easement Agreement to an assignee who is not a
Public Water Utility shall be voidable and shall eDtitle Grantor to terminate this Easement
Agreement at Grantor s election. The easements granted herein are subject to subject to
easements, encumbrances and other matters of record or appearing on the land and are non-
exclusive provided easements granted after the date this Easement Agreement is recorded shall
be subject to Grante~s rights hereunder. In the event any litigation is undertaken to enforce the
provisions of this Easement Agrccment, the prevailing party shall be entitled to an award of costs
and reasonable attorney s fees incurred in prosecuting or defending such action, whether before
trial, at trial on appeal, or in bankruptcy proceedings.
(Signature Page Follows)
EASEMENT AGREEMENT
80;",.186096_1 0045136-00006
TITLEONE COMMERCIAL
1101 W. RIVER ST. SUITE 201
BOISE, ID 83702
[phone]
STATEMENT OF SETTLEMENT FOR PURCHASERS
PROPERTY ADDRESS: CLAREMONT DR., BOISE. fD 53702
PURCHASER/BORROWER(S): JAYO CONSTRUCTION, INC.
SELLER(S): CLAREMONT REALTY COMPANY
SETILEMENT DATE: August 1 , 2005 DISBURSED: August 1 , 2005 PRORATION DATE August 1 , 2005
DEBIT CREDIT
Contract Sales price 225 000.
Settlement or Closing Fee TITLEONE COMMERCIAL :250,
Title Insurance Premium COMMONWEALTH LAND TITLE INSUR.980,
Recording Fees TITLEONE COMMERCIAL
Subtotals
Balance Due FROM PurchaserlSorrower
TOTALS
226.239,
226 239.
226 239,
226,239_
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
.......
(AO54436B.PFOIAO544358115)
. ,
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement
the --L day of fJu'11J$-t 2005.
GRANTOR:
CLAREMONT REALTY COMWANY
, ~
Idaho corporation
~~~
By: M1chael L. SimplotIts: President
STATE OF IDAHO
GRANTEE:
JAYO CONSTRUCTION, INC.; an Idaho
corporation
By:
Its:
Douglas Jayo
President
)5S.COUNTY OF ADA
On this day of 2005, before me .6J.a;a:z;
Notary Public, personally ap Michael L. Simplot, known or i entified to me, to be the president of
Claremont Realty (;D8PWl1.. the corporation that executed the above instrument or the person who
executed the in~ent
~~
of said corporation and ac1rnowledged to me that such corporation
executed the~~.
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STATE OF IDAHO
) "
)5S.
COUNTY OF ADA
Nola')' Public f
Residing at
Commission Expires:
.;;j (:/
flff
On this day of , 2005, before me
Notary Public, personally appeared Douglas J"ayo, lmown or identified to me, to be the president of
Jayo Construction, Inc., the corporation that executed the above instrument or the person who
executed the instrument on behalf of said corporation and acknowledged to me that such corporation
executed the same.
EASEMENT AGREEMENT
Boisc-l ::'6096.1 0045136-00006
Notary Public for Idaho
Residing at
Commission Expires:
. -
iN WI'INESS WHEREOFt Grantor and Grantee have executed this Easement Agreementthe day of "~~~J.2005.
GRANTOR:
CLAREMONT REALTY COMPANY, an
Idaho corporation
By:
Its:
Michl1el L. Simp1ot
President
STATE OF IDAHO
)ss.
COUNTY OF ADA
GRANTEE:
JAYO CONSTRUCTION, INC., an Idaho
corpora n
On this day of 2005, before me , a
Notary Public, personally appeared MIchael L. SimpJot, known or identified to me, to be the president of
Claremmlt Realty Company, the corporation that ~ecutoo the above im:trument or the person who
executed the instrument on behalf of said cOIpOl'ation and acknowledged to me that such corporation
executf:d the same.
STATE OF IDAHO ) 0
)55.
COUNrY OF ADA
Notary Public for Idaho
Residing at
Commission Expires:
OnthisJ~_dayof A"',Lt~ 2005, before me, ~~b"'~iijrlc:!
Notary Public, personally appeared Douglas Jayo, known or identified to me, to be the president of
Jayo Construction, Inc., the corporation that executed the above jnstrument or the person who
executed the insttUmen~ ol\~tll!lfQ'~1.id corporation and acknowledged to me that such corporation
executed the same. :-.
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EASEMENT AGREEMEN~""'I'II""
Boj~c-\86096,1 0045136.00006
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Notary Public for Idaho
Residing at _.0 COTT DARLING
Commission Expires: -----ESr:ROWOFFICER
RESIDING: EAGLE, iO
COMMISSION EXPIRES: "-26-
0'-
EXHIBIT
Elif:.ineering N orlb !Vest, ILC
423 N. Ancestor Ptacc. Suite 180 Boi5e, Idaho 83104 [phone] . Fax (208) 376-'556
Project No. 03-027-Date: July 22~ 2005
SOMERSET RIDGE
WATER TANK EASEMENT DESCRIPTION
An easement lying in t1:w SW 1/4 of Section 36, T. 4 N.. R. 2 B.. B.M., Ada Countyt
. Idaho, more particularly described as roUows:
Commencing at the 114 section comer common to Section 35 ofT. 4 N:., R. 2 E.~ B.M.
and Section 2 ofT. 3 N., R. 2 B" BoM.;
Thence South 890 19'36" 265fl.98 feet on tho section me. common to said. S.edions
35 and 2 to the &cction Comer common 10 Sections 3S and 36 oruid T.4 N.. R. 2 E.. and
SectioDs 1 and 2 Druid T.3 N.,R.2B.;
Thence North SsoSS'49" Eas~ 549.84 feet to the REAL POINf OF' BEGlNNINGj
Thence South OSOSS'S3" Eas~ 98.26 feet;
Thence South 84004'07" West, 68.91 feet to the southeast comer ~f an existing water tank
easement;
Thence North OSDSS'S3" We~ 98.26 feet on 1he easterly easement line of said a.isting
water tank easement;
'lbence leaving said existing easement line, North 840 04'07" East, 68.91 feet to the real
point of be ginning.
PREPARED BY:
Engineering NorthWest, LLC
.James R. Washburn, PLS
So",cmct Ridge Wa.\cr Tanir wcmcnl Dcsc.doo Page I of 1
TTA "'"
.~,~ ,'.----.--..---.----
CLAREMONT WATER TANK
WATER TANK EASEMENT
EXSINC; WATER TANK
--....--..
M8\-r:aCP~EASENENT
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s.35 N89'1t'3&-W 2650.911' 5.35 S.2 5.2. 501
1" - 100'
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.---.-.-.--.--
EXHIBIT
Engineering North West, ILC
423 N. Ancestor Place. SuIte 180 Boiset Jd3ho 83704 (208) ~76-SOOO . FM [phone]
Project No. 03-027-Date: July 22, 2005
SOMERSET RIDGE WATER TANK
UTILITY EASEMENT (IDAHO POWER & QWES1)
DESCRIPTION
An easement lying in the SW 1/4 of S~tion 36 and the SB 1/4 of Section 3St
T. 4 N.t R. 2 E., B.M., Ada County, Idaho, 1001'0 particuWJy described as follows:
Counnenclng at the 1/4 section tQtIlet common to S=tion 35 ofT. 4 N"t R.. 2 B." B.M.
and Section 2.or.T~.3 N~.-R. 2,'f BoM.;
Thence South Sgo19'361t East, 2650.98 feet on the" section tine common to said Sccticms
35 and 2, to "the section comer common to Sections 3S and 36 ofuid TAN., R. 2 B., and
Sectiqns 1 and 2 of said T.3 N., R. 2 E;
Thence North 55055'4911 East. 549.84 (eet;
Thence South 84004'070 West, 58.18 feet to the REAL :POINT OF BEGINNING;
Thence continuing South 84004'07" Wast, 52.03 feet;
Thence North OSo5S'53n Wcs~ 53.80 feet;
Thence North 34028'20" West, 106.25 feet;
. ,
Thence North 55O01'2"r West, 56.32 feet;
Thence North 87O4S.40n West, 275.32 feet;
Thence South 84056'19" West, 282.86 feet;
Thence North 82040'44" W~t, 96.99 feet;
Thence South 84037'04" West, 144.14 feet;
Thence South 800 11'43" West1 155.89 feet to a point on the easterly right-of-way line of
North Claremont Drive;
Thence North 05002'03" 15.52 feet on the easterly right..of-way line of North
Claremont Drive;
SQl11en;cl T8Ilk UtUlty Em/(:. Dcoc,dQC 1'8ge 1 of2
--.
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---.- -- .-. .--
Thence leaving :;aid rightwof-way. North 80"11'43" Bast, 152.49 feet;
Thence North 84037'04'1 Eas~ 146.39 feet;
Thence South 82040'44" ~ 97.03 feet;
Thence North 84056'19" East, 272.41 feet;
Thence North 7SClI6'24" Bast. 21.39 feet;
Thence South 87045'40" ~ 271.39 feet;
Thence South SsoO~127" East, 65.82 feet;
Thence-South 34~28'10" East 181.99 -feet tQ the real point-efbernmg.
Somcrst:t Tank Utility &ze. Desc.dQC
PREPARED BY:
EDglneeriDg NorthWest, LLC
James R. Washburn, PLS
Page 2
- --- -- -----
CLAREMONT WATER
UTILITY EASEMENT
TANK
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1t&T~27~-1-~V~J1r 1#.,~ ~ 13.7$2..2$ .q.ft. . N65:~f"
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58QW
E)lS1ItiO wA1fJt TA~
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---
Enf:i,neering North West,
423 N. Ance~to1' Place. SuIte 180 Boise, Idaho 83704
EXHIBIT
[phone] . FIIX (208) 376-55'6
~ject No. 03.027.Date: 1uly 22 2005
SOMERSET RIDGE WATER TANK
WATER EASEMENT DESCRIPTION
An easement lying in the SW 1/4 of Section 36 and the SE 1/4 of Section 35,
T. 4 N., R. 2 B., B.M, Ada County, Idaho. more partiColarly described as follows:
CQmmcncing at the 1/4 seetion comer common to Section 3S ofT. 4 N~ R. 2 B., B.M.
and Section 2 ofT. 3 N., R. 2 Eo, B.M.
Thence South 8~19'36lt ~ 2650.98 feet on the section line common to said Sections
and. 2, to 1heJlDon comer cmomon.tP S~.9ns.3S m1d ~6.of!ml4 T..,lt,1.B'JI ~~
Sectional- 2 of said T.3 N~ R. 2 H;
1'hencG North ssaSSf49" Bast,. 549.84 feet;
Thence South 84004'07" West, 58.18 feet to the REAL POINT OF BEGINNING;
Thence South 84004'07" W~ 52.03 feet;
Thence Nortl,. 05055'53" We~ 53.80 feet;
Thence North 34~8'20" West, 106.25 feet;
Thence North 55001 '27" West, 5632 feet;
Thence North 87D45"40" West, 275.32 feet;
Thenee North 35031'33" West, 424.78 feet;
1hence North 51 DJO'58~t Eas~ 20.03 feet;
Thence South 35031'3311 Bast, 416.00 feet;
Thence Sooth 87045'40" East, 271.39 feet;
Thence South 55001127" East, 65.82 feet;
Thence South 340:28'20" East, 1 .99 feet to the real point of be ginning.
80111=1 TQ!\k W"tJ::r Euse, ~.doo
PREPARED BY:
Engineering NorthWm, LLC
James R Washbutli,PLS
hgt 1 of 1
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--- ------
CLAREMONT WATER
WA TER EASEMENT
TANK
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EXlS11NG WATER TANK
1- - 150'
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------- ----
EXHIBIT 1)
~neerin1; North West UC
423 N. ADm1Dr Place, &nW 180 Boise, Idaho 83704 (208) 37~SOOO . Fax (lOS) 37fi.SSS6
Projeet No. 03-027-01 Date: Ju1y21,2005
SOMERSET RIDGE
WATER TANK LANDSCAPE EASEMENT DES~ON
An eaI~~t lying in the SW 1/4 of ~on 36, T. 4 N., R. 2 &. B.M.. Ada County,
IdiIbo. JDOte particu1ady dalCIibcd as roUOWJ:
CoJtn1'eaciDg at tho 1/4 Bedim comcrcommon to ScctioD 35 qfT. 4 N., R.. 2 B.. B.M.
and Scdion2 ofT. 3 N", R. 2 B., BoM.;
, , .... ,
.,. hTbe1lc8South-8go.19'3~-26So-.9ticI:t'OII-the'secdoa'1iDe'enqmJftll to-aid-8eetioDs- -
35 IIIUl 2 to the ICCtion (....,.-onto ScctionI3S ami 36 ofsaid T.4 N., R. 2 B..
Sections 1 add 2 of said. T.3 N.,.R. 2 B..;
'lbc:Dce NOIth 4"'59'50- East, 441.80 feet to the IIO1thwa4 CCIInCI' of an cxIstiDs W8ia:
taDk cascmc:m, said point beiDa the REAL POINT OF BEGINNING;
South 05"55'53" Bast. 120.61 feet 011 tho wcstedy 1in., ofsaid existing water tank
casomeut 1othCI BOUthwcrt comer or said
Thence 1eams said cxistiDg easemmt line, Sourh 84O04'G7" West, 5.00 feet;
'I'hcaccNOIfhO5OSS'S3I1 W~ 102.61 feet;
Thence NOIth 84004'07" Bast. 5.00 W to tho real poiJJt ofbegbmins.
PREPARED BY:
EDglaeerIDg Norih~est. LLC
Junes R. WuJaburo, PLS
Somcmt 1'8nIc S' Land~ euc. IX:8c-doc , ~~I()fI
CoT""""'~'n "''~_hh"--
---
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CLAREMONT WATER TANK
LANDSCAPE EASEMENT
1" - 100
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EXHIBIT
p;ngineering tV orlh West, UC
423 N. Ancestor Place, Suite 180 Boise. Ida1J.o 83704
...
[phone] . Fa;( (208) 376-5~56
Pruject No. 03.027-Date: July 22, 2005
SOMERSET RIDGE WATER TANK
TEMPORARY CONSTRUCfION EASEMENT DESCRIPTION
An easement lyjng in tho SW 1/4 of Section 36, T. 4 N., R. 2 B? B.M., Ada County,
Idaho, more particularly desco1Jed as follows:
Commencing at the 114 section comer common 10 Section 35 ofT. 4 N., R. 2 E.. B.M.
and Section 2 ofT. 3. N~ R. 2 B., B.M.;
., ... .. .,-,"-, .~~~
outhJ~~.1!r36~~~26S2
~~~.~~.
~~lm~~~~-t'1Rid.~tiomI
3S and 2 to 'the sectiOn comer common to Sections 35 and 36 of said T.4 N., R. 2 E., and
ScetioO$ 1 and 2 of said T.3 N., R. 2 B;
Thence North SSo55'4~ East. 549.84 feet to the REAL POINT OF BEGINNING;
Thence North 84DO4'O7" East,.1 0.01 feet;
1'benco South OSoSS'S3" East, 106.00 feet;
Thence South 84004'07" 'West. 132.92 feet;
Thmcc North. 05055'53" West, 190.36 feet;
Thence North 84 Q04'O7" East, 54.00 feet;
Thence South 45010'34" ~ 108.92 feet to the real pohrt of beginning.
PREP ABED BY:Englnee rthWest, LLC
James R. WashbuIlI) PLS
Somcroo::tTlIt1k Temp (;on.1I Ease DMc,doc Page I of!
. -
CLAREMONT WATER TANK
TEMPORARY CONSTRUCTION EASEMENT
H84"04.:27't
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5.35 N!l919'JS W 21i50.ge. 5.35 S~5.2 5.2 5.
1" .. 100'
"~=.JII~1IIL~Y'lDIWOl.,."""'--~ ?/1'~ """"11 N41t1$1'
CLAREMONT WATER TANK
TANK SCREENING EXHIBIT
EXHIBIT
LEGEND
0"' SCREENlNG"'\lEGETAliONo
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SCAlE: ,- 1m 30'
--I
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PROPOSED LANDSCAPE
EASEMENT
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TANI( EASEMENT
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