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HomeMy WebLinkAboutSanitary Sewer Easement with Corinthian Communities, Inc. for Reflection Ridge SubdivisionADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~- BOISE 1DAH0 03108/07 01:36 PM DEPUTY Patti Thompson II I I I II II f I'I'I I II I it II I I II I II I II I III RECORDED-REQUEST OF 1~703359~ Cily of Meridian TEMPORARY SANITARY SEWER EASEMENT Cta', n"wt i u r~ ~ovmm~n~'t~ C~ 5 Z'1 C , THIS INDENTURE, made this day of ~~` 2007between 91 West State Street Suite E Eagle, Idaho 83616, the parties of the first part, and hereinafter called the Grantors,, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a temporary 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 and pump station to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline and pump station from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for a temporary easement for the operation and maintenance of a sewer pump station and sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A-Legal Description, and B-Drawing) The temporary easement hereby granted is for the purpose of operation of a sanitary sewer pump station and sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times until the sanitary pump station and related lines are no longer required. TO HAVE AND TO HOLD, the said temporary easement and right-of--way unto the said Grantee, its successors and assigns forever, or until the off-peak pumping station is no longer which shall be upon the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole and accepting influent. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the temporary easement will be released back to the Grantor at such time that the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, and is accepting influent. This connection will remove the need to provide the sanitary sewer service through the sanitary pump station and associated pipe lines. Sewer Main Easement Temp-EASMT SWR- rev.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this temporary easement, which would interfere with the use of said temporary easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and temporary easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and temporary easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said temporary easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. Sewer Main Easement Temp-EASMT SWR- rev.doc PAg~.~ GRANTOR: ~-'~ ~ `°r~ ~ ~~,f`,~~'h~av~ ~...a-rnrnv.v-~~~~s TEL Secretary STATE OF IDAHO ss County of Ada ) On this ~ day of ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ Srl'1 v- ~loc~.~[ SkoC~ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) .*'''" A~o..,R~ ~ ` •~~~~°'~I ~~~~~ .~® NOT Y PUPyLI FOR IDAHO ~ ~' Residing at: f> SOT ~ ~' m Commission Expires: (o• (G, I l? .®. M 1'UBL~G Sewer Main Easement Temp-EASMT SWR- rev.doc PaB,~I.~_A~ GRANTEE: CITY OF MERIDIAN \~~~,, ~ ~ ~ d ~ ~ ; ~ ; ; ; ; ; , , ~ '` ~;:,a `.` ~- a ~~~ . Tammy de We~~1Glayor s $~ Attest by William G. Berg, City Clerk fY~ ~~ ,'~'~G~./' ~~~~~itEiii "t~ Approved By City Council On: ' STATE OF IDAHO, ) . ss. County of Ada ) ~L~ On this ~ day of `'~'~ (;~ ~,(',~,~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally 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. ~••.•~~ (SEAL) ; ~ Q'TA.~p~~•~ NOTARY PUBLIC FOR IDAHO r ,~- Residing at: ~-1 ~~1.~ ~.~~cti ~ ~) ~. - • • Commission Ex fires: ~~ - ~ . P ~~_ --f~-Il • .'TE pF •. • ~~.....• Sewer Main Easement Temp-EASM WR- rev.doc P~ FOX Land Surveys, /nc. 4696 Overland Rd. STE 162 0 Boise Idaho 0 83705 ~ 208-342-7957 0 208-342-7437 FAX TEMPORARY SANITARY SEWER PUMP STATION DESCRIPTION A PORTION OF THE NORTH ~/: OF THE SOUTHEAST'/4, SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A portion of the North % of the Southeast %., Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a found 5/8 inch rebar with no cap (set a plastic cap stamped "FLSI PLS 7612" marking the South 1 /16"' Comer common to Sections 29 and 30, from which a found 5/8 inch rebar with plastic cap stamped °BRIGGS PLS 4998" marking the %4 Corner common to said Sections bears North 00°30'07" West, a distance of 1,326.13 feet; thence North 75°51'59" West, a distance of 282.38 feet to the beginning of anon-tangent curve to the left, the TRUE POINT OF BEGINNING; thence along said non-tangent curve to the left having a length of 17.36 feet, a radius of 115.00 feet, a central angle of 8°39'01 ", tangents of 8,70 feet, and a long chord which bears South 85°10'27" West, a distance of 17.35 feet to a point of tangency; thence South 80°50'56" West, a distance of 32,31 feet to the beginning of a curve to the right; thence along said curve to the right having a length of 16.27 feet, a radius of 85.00 feet, a cen#ral angle of 10°58'06", tangents of 8.16 feet, and a long chord which bears South 86°19'59" West, a distance of 16.25 feet to the beginning of a compound curve; thence along said compound curve to the right having a length of 67.97 feet, a radius of 969.00 feet, a central angle of 4°01'08", tangents of 34.00 feet, and a long chord which bears North 86°10'24" West, a distance of 67.95 feet to a point of tangency; thence North 84°09'50" West, a distance of 93.30 feet to the beginning of a curve to the left; thence along said curve to the left having a length of 38.47 feet, a radius of 1,031.00 feet, a central angle of 2°08'16", tangents of 19.24 feet, and a long chord which bears North 85° 13'58" West, a distance of 38.46 feet to a point; thence North 00°00'00" East, a distance of 13.20 feet to a point; thence South 90°00'00" East, a distance of 63.29 feet to a point; thence North 00°00'00" East, a distance of 5.57 feet to a point; thence South 90°00'00" East, a distance of 103.66 feet to a point; thence North 00°00'00" East, a distance of 5.86 feet to a point; thence South 90°00'00" East, a distance of 28.78 feet to a point; n pas~5 ,p,#.~„j,,,.. thence South 00°00'00" West, a distance of 8.78 feet to a point; thence South 90°00'00" East, a distance of 12.83 feet to a point; thence South 00°00'00" West, a distance of 1.50 feet to a point; thence South 90°00'00" East, a distance of 55.77 feet to a point; thence South 00°00'00" West, a distance of 23.94 feet to the TRUE POINT OF BEGINNING. Containing 7,212 square feet (0.165 acres), more or less. Refer to the attached "Temporary Sanitary Sewer Pump Station Description" sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 ~ ~ ~~ END OF DESCRIPTION .~~~%~~ ~'~~~~~ ~. ~' 1 V" TJF:taj W:~PROJECTS12005105-028.PR.~PROJECT1DESCRIPTIONSl528LIFTDESC.DOC .o .Q~ ,£ 6'9Z£ L M „L0,0£o00 N i ., :i rn - - ~ M ~ 0 U U ' V OZ ~ ~ ~~' ~~ o ~ ~ m ~ /~NM' ~ ori~~r~N ONE p2/ O w ~ `° - I o ~` \ ~- `-n c i 0 ` Q M ~ W ~ ~ N 5 O N O O OII`\ ~U O M ~, Z o o ~ o "' OIL ~~ ~ °° ~i ~"cn O oI~ ° °° ~ ~I H o H ~ ~ \~~ z~H ~~ ~ ~ ~' z ~ ~ V1~W a ~ ~ ~ _~ ~W w a~ o~ ~ I O O ~ OI O a''~ ~ ° °O W~\~_ A Ww Z~ of ~~ A H~ ~~ ~ ~ ° 3 ~ M ~~ ° ~ ~ U ~ ~ ao x O WI V Z ~ J w o DO o ol~,~ O ~` O I N ~ ~ o M o ~, rnI~~N 0 Z ~I ~y~ W I W 0 0 O 00 N ch ~ N O ~ Z a rn r N M O N .~ o~ ~o ~ ~ W J C7 D 2 U H W Y N 0,~,, O ~ ~ \ Q 4, CV 1~3~~-nom J F- ~ ~y ~ N ~, o = DLO/ S~P~~ ~p f ~ / S~.~Q~ / Z ~ N ~ O ~ M ~ ~ W J ~ CU ~ M 2 U z ~ ~ ~ ~ ~ Q ~ ~ O ~ N O F~ N O ao ~ M W ~ ~ ~ ~ m o o o o _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z ~ Z Z W ~ o O ~ N J Z O M O ~ m ~ > a ~ o - °O `' CO U f- w ~ o o o M ~ o 0 O ~ o '~t 0 a0 0 N _~ ~ O O ~ ~ ~j ~ O ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ (~ N O ch ~ Z ~p t~ I~ ap W ~ CO ~ M J w ~ ~ ~ _ _N N U U _ U U (~ 3 Meridian City Council February 27, 2007 Page 3 of 99 E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-063 Request for Preliminary Plat approval for 14 building lots on 18.7 acres within the C-G zone for CentrePointe Subdivision No. 2 (North) by W.H. Moore Company - NWC of Ustick and Eagle Roads: F. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Blaser - 1440, 1516 and 1528 W. Cherry Lane: G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: H. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-061 Request for Preliminary Plat approval of 18 single-family residential lots and 2 common lots on 3.73 acres in the proposed R-8 zone and 8 single family residential lots and 1 common lot on 1.02 acres in the proposed R-15 zone for Arch Rock Subdivision by CTD Development -South of McMillian Road and East of Linder Road: Prepare Findings of Fact and Conclusions of Law for Approval I. Approve New Beer and Wine Licenses for Health Nuts Natural and Organic Market by Denise Stevenson at 1756 W. Cherry Lane, Ste 110: J. Approve Streetlight Agreement for Hacienda Subdivision by Jayo Construction: K. Approve Temporary Sanitary Sewer Easement for Reflection Ridge Subdivision by Corinthian Communities, Inc.: L. Approve Agreement for Hookup to City Services for Property Outside City Limits for Pim and Pamela Hoogland at 1625 E. Bentley Drive: M. Approve Legal Department Budget Amendment for Deputy City Attorney: N. Approve Task Order 2.1 for the Plant Optimization Desktop Analysis with CH2MHILL for $34,000.00: Meridian City Council February 27, 2007 Page 4 of 99 O. Permanent Sewer Easement Contract for Mason Creek Lift Station and Pipelines Project with Bittercreek. LLC and Charlotte and Hermis Sparks: P. Permanent Sanitary Sewer Easement Contract for Mason Creek Lift Station and Pipelines Project with Bittercreek. LLC.: Q. Approve Black Cat Phase 3 Authorization for Additional Services No. 2 for Black Cat Trunk Sewer and Lift Station Proiect with JUB Engineers for $15,000.00: R. Permanent and Temporary Easement Right-of-Way Contract for Black Cat Sewer Phase 4 with Aoratos, LLC, Evans Real Estate Investments, LLC, Strada Commercial, LLC, and Strada Bellissima Commercial Association, Inc.: S. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Proiect with Aoratos, LLC: T. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Proiect with Evans Real Estate Investments LLC: ' U. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Proiect with Strada Bellissima Commercial Association. Inc.: V. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Proiect with Strada Commercial LLC: W. Approve Building Lease Extension with William A. Hon Family Limited Partnership for general office space at 660 East Watertower Lane: X. Approve Performance Contract with New Heritage Theatre Company: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 27, 2007 Page 5 of 99 Bird: On the Consent Agenda, Item B, resolution, has been asked to be tabled to March 27th. And the rest of them would stay as is. I move that we approve the revised Consent and the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as revised. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayors Office: 1. Appointments to the Arts Commission: De Weerd: Okay. Counsel, I gave you a group of resumes about a month ago on my suggestions for appointments to the Arts Commission and they are as follows: Meg Glasgow, who is a business owner here in town and also an artist. Dwight Williams, an artist and a photographer. Sandra Cavanaugh, who is artistic director of New Heritage Theatre. David Stolhand, who is president of the Meridian symphony. Nancy Rountree, our citizen at large, and I did like how the Statesman put it, our enthusiast. And Fred Shaddick, who is a teacher at Mountain View High School in their theater arts. So, those would be my recommendations for appointment as charter members of our newly formed Arts Commission. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: What is your choice? Do you wish us to vote on them individually or can we make a motion to vote on them as a group? De Weerd: If you don't have any issue with any of the individuals, I think it would suffice as a group appointment. Bird: Madam Mayor, I got one question on time limit. Is all of them on the same time or is it -- or have you got time limits. Of course, I don't care one way or the other. De Weerd: Yeah. Mr. Bird, we will be developing bylaws and a structure. That's one of the first tasks that this commission will have. So, they -- we have met informally just to kind of outline roles, expectations, interests and give them an opportunity to ask questions or perhaps even know what they are getting themselves into. So, those kind