HomeMy WebLinkAboutCorrection of Easement with Holder, John R., HP Boise, LLC for T-MobileHOLDER H
PROPERTIES
3333 RIVERWOOD PARKWAY ^ SUITE 500 ^ ATLANTA, GEORGIA 30339 ^ PHONE 770~988~3131 ^ FAX 770~988~3105 ^ www.holderproperties.com
May 10, 2004
Mr. Brad Watson, P.E.
City Engineer
Meridian Public Works Dept.
660 E. Watertower, Suite 200
Meridian, ID 83642
Re: T-Mobile Project in Meridian, ID
Dear Brad:
~ ~a~ ~
MAY 1 ~ 20Q4
Attached is an executed version of the Affidavit for Correction Sanitary Sewer Easement for the T-
Mobile project in Meridian, ID. It is my understanding that this will need to be forwarded to Council for
its approval and signature.
Please give me a call at (770) 988-3118 if you have any questions about the document or you need
any additional information. Also, please inform me of the date you expect this to be approved by
Council and return a copy of the final executed affidavit to my attention.
Sincerely,
V "`..~
Andrew Feinour
Holder Properties
C: Tim Bright (Holder Properties)
Dave McKinnon (Pinnacle Engineering)
Roger Smith (Pinnacle Engineering)
Ellen Smith (Sutherland Asbill & Brennan)
ADA COUNTY RECORDER J. DAVID NAVARRO 3
BOISE IDAHO 06124/04 03:06 PM
DEPUTY NEAVA HANEY
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
Pinnacle Engineers
AMOUNT 9.00 1 ~`~~~`~`~~~
AFFIDAVIT FOR CORRECTION
SANITARY SEWER EASEMENT
The intent of this Affidavit is to correct a portion of that certain Sanitary Sewer Easement
Agreement between Sundance Investments Limited Partnership, shown as the Grantor,
and the City of Meridian, Ada County, Idaho, shown as the Grantee for said Sanitary
Sewer Easement, recorded March 19, 2002, as Instrument Number 102032101.
The existing agreement reads as follows:
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement. However, the Grantee will not be responsible for repairing, replacing or
restoring any permanent structures, large trees or brush placed within the area described
in this easement.
THE GRANTORS 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 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.
The agreement should have read, and hereafter shall read, as follows:
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore, at
Grantee's sole cost and expense, the premises to that condition existent prior to
undertaking such repairs and replacement. However, the Grantee will not be responsible
for repairing, replacing or restoring any permanent structures (other than pavement, curbs
and gutters), large trees or brush (other than landscaping) placed within the area
described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures (other than pavement, curbs and gutters), large trees or
brush (other than landscaping) within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated herein.
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
AO 1113989.3
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
by, through or under Grantors, but not otherwise.
I, John R. Holder, being the sole member of HP Boise, LLC, a Georgia limited liability
company and successor in title to Sundance Investments Limited Partnership, do hereby
submit this Affidavit for Correction to be duly recorded.
ohn Holder
Acknowledged and agreed to:
CITY OF MERIDIAN, IDAHO
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AO 1113989.3
State of Georgia
ss.
County of )
On this/~day of , In the year of 2004, before me, the undersigned, a
Notary Public in and for the ate of Georgia, personally appeared John R. Holder,
known or identified to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and ffixed my official se~~ ~}~e „;
day and year first written above. """ ~ ~ >~
otary c for- eQr to '' ~ ` x ~ ~''
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My Commission Expires Se~ter1~3~2;,2007
State of Idaho )
County of Ada
. ss.
On this~day of in the year of 2004, before me, the undersigned, a
Notary Public in and for the tate of Idaho, personally appeared ~9J ~ iQArm ~~,,V~
known or identified to me to be the person whose name is subscribed to the within \
instrument, and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the
day and year first written above. ~~
®~~e®',Y}a~ 1-~S• ~'z, ~y~ ~a~,~ Notary Public for Idaho
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AO 1113989.3
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 6/17/2004
Re: Agenda Items from 5/18/04 City Council Meeting for Signature
~~~~~~~~
JUN 2 2 2004
City of Meridian
City Clerk Office
I am forwarding to you for your signature the following documents that were approved by City
Council at the 5/18/04 Council meeting:
1) Affidavit for Correction to Sanitary Sewer Easement with Holder Properties (T-Mobile
Pro'ect
WILL or TARA: Please return these original documents to me so that I can have them
recorded.
Thank you
• Page 1
Meridian City Council Meeting
May 18, 2004
Pg. 4 of 39
chance to see the statement of support and also in Idaho we have what we call a three
star program, depending on your level of support for employees, you get one, two, or
three stars, and 1 would like to present on behalf of the Idaho Committee for the national
support of the Guard and Reserve Mayor De Weerd a three star decal to hang on the
city hall and one for each one of the departments.
De Weerd: Thank you.
Beerdon: Thank you so much. And thank you, Council.
Item 6: Consent Agenda:
A. Approve minutes of Apri127, 2004 City Council Regular Minutes:
B. Findings of Fact and Conclusions of Law for Approval: PFP
04-003 Request for Preliminary Final Plat approval of 1
condominium plat on 1.24 acres in a L-O zone for Riverbirch
Courtyard Condominiums by N.M. Enterprises -south of East
Overland Road and east of Celebration Avenue:
C. Findings of Fact and Conclusions of Law for Approval: CUP
04-007 Request for a detailed Conditional Use Permit for
Riverbirch Courtyard Condominiums as required by the
Development Agreement for Resolution Business Park for a
medical /dental office use in an L-O zone by N. M. Enterprises -
south of East Overland Road and east of Celebration Avenue:
D. Findings of Fact and Conclusions of Law for Approval: PFP
04-002 Request for Preliminary /Final Plat approval for the re-
subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision
No. 2 into 3 building lots on 2.63 acres in an R-4 zone for
Bridgetower Crossing/Gallerv Subdivision by Primeland
Development, LLP -northeast comer of West Belltower Drive and
North Ten Mile Road:
E. Findings of Fact and Conclusions of Law for Approval:
REVISED AZ 03-029 Request for annexation and zoning of 26.48
acres from RUT to R-8(PD) zones for proposed Sheridan Place
Subdivision by CMD, Inc. -north of East McMillan Road and east
of North Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval:
REVISED PP 03-035 Request for Preliminary Plat approval of 50
building lots and 15 other lots on 15.34 acres in a proposed R-8
(PD) zone for Sheridan Place Subdivision by Doug Campbell -
north of East McMillan Road and east of North Locust Grove Road:
Meridian City Council Meeting
May 18, 2004
Pg. 5 of 39
G. Findings of Fact and Conclusions of Law for Approval:
REVISED CUP 03-060 Request for a Conditional Use Permit for a
Planned Development for single-family residential use with reduced
setbacks, lot frontages, house sizes, and increased block length for
proposed Sheridan Place Subdivision by Doug Campbell -north
of East McMillan Road and east of North Locust Grove Road:
H. Affidavit for Correction to Sanitary Sewer Easement with
Holder Properties (T-Mobile Project):
I. Development Agreement: AZ 03-035 Request for Annexation
and Zoning of 70.64 acres from RUT to R-8 zone for proposed
Settlement Bridge Subdivision by Capital Development - 2205
East McMillan Road:
De Weerd: You know, this comes at a time when one of our largest deployments in the
State of Idaho is looking to go join the efforts in Iraq and so the timing couldn't be better.
We might have Officer Severson as one employee in our city employees, but he's one
of many in our city that serve in a Reserve or a Guard unit and we want to also
recognize and honor those efforts of all of our citizens and appreciate you being here
with us tonight. Okay. I would also like to welcome Troop No. 174. They are from the
Sunnybrook LDS Ward and we appreciate you joining us here, and wish you luck in
getting your merit badge. Item 6 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Is
there any further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Mayor's Office:
1. Economic Development Coordinator: