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HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with Waldron, David and Keith, Douglas and Curtis, Russell for Sparrowhawk IIIADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f B01SE IDAHO 02115107 01:38 PM DEPUTY Neava Haney RECORDED-REQUEST OF III IIIIIIII'Illlillilll'llll'lll I I Meridian City SANITARY SEWER AND WA~rrx MAl1V EASEMENT THIS INDENTURE, made this 18th day of January , 2007 between David Waldron ,Douglas Keith, and Russell Curtis 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 sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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 easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement EASMT.S&W.doc Pte, i „o l~ THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and 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 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 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: f avid W dron, Owner STATE OF IDAHO ss County of Ada ) On this ~ day of ~1 ~ , 20 before me, the undersigned, a Notary Public in and for said State, personally a~ppeare C~. n and 1.~~ ~' ,known or identified to me to be the President and (' r-~ Sec.~et~ary, 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. '~~~.•O~t1 A B. p0'h~ ~,aT~Rr ....- pUBL~G O ''••:~rE of ~o~,~ ~~~ ~. ~U1CLt- NOTARY P IC F~JR IDAH~ Residing at: m T' Commission Expires: 1 ~- S-aO l 8~ G TOR: --........- Y Douglas caner Sanitary Sewer and Water Main Easement EASMT.S&W.doc STATE OF IDAHO ss County of Ada ) On this ~ ~ day of 0 20U before me, the undersigned, a Notary Public in and for said State, personally peared d 1J~ ~ ,known or identified to me to be the President aid Qc~ ~r~tary, 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. •~•.~..u...,,~ .••••NN A B. F''•• Q •••.••QO ••.,••o~''; ; NOTARY PUB IC FOR IDAHO NoTARr ••~ ~ Residing at: .,ZC17 ~•~ ~ Commission Expires: /a-~-a?O/ v'~ pUB1.~G .~ GRANTOR: --•••~~•••.- ~~.-... Russell Curtis, Owner STATE OF IDAHO ss County of Ada ) On this $~ day of before me, the dersigned, a Notary Public in and for said State, personally a ared { s and IV ~ ~' ,known or identified to me to be the President a~ r- Secry, 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. .•r`~pliN~ 8• F'•• •p O' ' -f l~OTARp ..•.. ~ AUg~~G ~' O Sanitary Sewer and Water Main Easement NOTARY P IC FOR IDAHO Residing at: Commission Expires: 1 ~ - ~ - aC11 ~- EASMT.S&W.doc P~ GRANTEE: CITY OF MERIDIAN ,;~- ;,,, ,~` ~,, ~% Tammy de Weer , ayor ~TF '~ ~~=, o ~~~, - Attest by William G. Berk; Jr.; Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) :ity Cl~rk'~p ~`sT t~-~ , "`~~ ~~~; ~,, '~ ~ ~, +~ ~ - ~~ ~-~ On this 1 ~' ~ day of .~ 47 t' (,~ ~1,;'i,~-~ , 20;9, 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) ~' ;,~OTA~P~`~'•~ NOTARY PUBLIC FOR IDAHO ~~ ~ Residing at: ~~'1'l,f' ~G~~ -~~~' • ; Commission Expires: ~D--~S ~ l! ~. 'g: ~~~.~: ~~i •••~~'8 ~r.•~• Sanitary Sewer and Water Main Easement EASMT.S&W.doc t / FOX Land Surveys, /nc. 4696 Mf OveHand Rd, Ste 162 C Boise, ID C 83705 C 208-342-7957 C 208-342-7437 FAX A PORTION ~ LOTS 13 AND 74 IN BLOCK 1 of "SPARROwHAWK SUBD11vISION NO. 2", IN THE SOUTHYYEST'/4 OF THE SOUTtIMYEST'/s OF $ECTIOFI 8, TowNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A portion of Lots 13 and 14 in Bbdc 1 of °Span-owhawk Subdivision No. 2", in the Southwest %. of the Southwest %. of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particulary described as fosiows; Cornrnenc~ng at a found Brass Cap Monument marking the Southwest comer of Section 8, from whid~ a found Brass Caalp M~ument marking the South %. cornerthereof bears South 89°56'58" East, a distance of 2,845.90 feel; thence akxlg the Southerly boundary of Section 8 (also being the center line of Franklin Road), South 89°56'58" East, a d~stanoe of 1,272.81 feet to it's intersec.~ion with the Southerly projection ~ the common boundary of Lots 12 and 13; tf ~rrae along said ~ and boundary, North 00°26' i 5" East, a disl~e of 271.01 feet to the TRUE POINT OF BEGINNING; thence North 89°56'58" West, a distarloe at 171.75 feet to an ante poirrt; the~noe North 00°03'02" East, a distance of 12.00 feet th an angle point; thence North 89°56'58" West, a distance of 97.64 feet to an angle pours; thence North 00°03'02" East, a distance of 20..00 feet to an angle point; thence South 89°56'58" East, a distamoe of 269.61 f ee# to ids irr~ection with the oanrnar boundary of Lots 12 and 13; thence abng said boundary South 00°26'15" West., a distance of 32.00 feet to the TRUE POB[T OF BEGINNING. Corrtaining 7,452 square feet (0.171 acres), more or less_ Subje# t+o eas~emenlts and ruts-of~way of record and not of necord. Fox Lard Surveys, lnc_ Timothy J. Fox, President, P'n~iderlt, PLS 7612 END OF DI::~CRIPTION ~u t.~ ~`' L' R ~ ~1 //~~fp ~, / ,, ~ `-' J. r~:c~ W:~PROIECi'S~2a06~06-047.PRJ~PROJE 73EWH2ODESC_DOC WATER /SEWER ~ n c~r,r~~Trr 17 N. J C, ~~ w o~~ °~ O N Z r-~- i I ~^,_,_` ~ N 89°56'58" W 97.64' - I ~~~ ~ - ~ I c~i o° I ~ o~ 0 L_~ 16 ~N 32 ~yO~ ~~0~ ~; -- 7 8 _ _ 18 17 S 89°56'58" E 269.61' 18 S 00°26'15" W 32.00' ~~ ICI J c N o, W cfl N I in Cfl N O O Z i i) o 0 FRAI~TI~.L,I1V RD. v S 89°56'58" E 1272.81' ~ SCALE: 1 "=50' 10° FOX LAND SURVEYS INC. (208) 342-7957 6475 KETCH. DWG Page~Q~o~ N 89°56'58" W 171.75' Meridian City Council February 6, 2007 Page 3 of 76 South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: PP 06- 031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: I. Development Agreement: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: J. Development Agreement: RZ 08-010 Request for a Rezone of 2.20 acres from 1-L to a C-G zone for Lanark Proaerty by Ron Van Auker -Northwest Corner of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: K. Development Agreement: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashtvn Park Annexation by David N. Price -- 201 West Ustick Road: L. Sanitary Sewer and Water Main Easement Agreement for Sparrowhawk III by David Waldron, Douglas Keith, and Russell Curtis: M. Water Main Easement Agreement for Meridian Village by ASzH Investments: N. Water Main Easement Agreement for Sevov Antiques by Paul Sevoian: O. Sanitary Sewer and Water Main Easement Agreement for Sevov Antiques by Fairview Terrace, LLC: P. Water Main Easement Agreement for Precision Log Homes by Precision Craft Log Homes: Q. Change Order No. 1 of Contract with JUB Engineering for Design of Water Sz Sewer Improvements in Conjunction with ACRD Ten Mile, Franklin to Cherry Project for a Cost of $5,000.00: Meridian City Council February 6, 2007 Page 4 of 76 R. Public Works Change Order No. 4 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a Cost of $56,652.00: S. Public Works Change Order No. 2 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. for $75,650.80: T. Task Order #0664 with Civil Survey for Design and Parks Water System Upgrades for $15,135.00: U. Request for Reduction in Sewer Connection Fee for Bilt ~ Lynn's Place at 229 West Franklin Road: V. Approve Award of Bid /Agreement for #CH-07-001 Well Abandonment to McLeran Well Drilling. LLC not to exceed $65,000.00: W. Maintenance Agreement for DI System at Wastewater Treatment Plant Lab with Siemens Water Technologies: X. Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: Y. Approve Contract for the Canal Crossings for the Bitter Creek Lift Station and Pipelines with H2 Excavation, Inc. for $36,713.02: Z. Amendment No. 3 to the Bitter Creek Lift Station and Pipelines Proiect with CH2M HILL for $53,100.00: AA. Approve Contract for the Meridian Water Department Well Drawdown Meters / SCADA Maintenance with DC Engineering, P.C. for $23,227.00: BB. Approve Contract for the Task Order 2 with HDR Engineering. Inc. for $10,000.00: Borton: Item No. 5. Consent Agenda. Bird: Mr. President? Borton: Mr. Bird. Meridian City Council February 6, 2007 Page 5 of 76 Bird: I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. Roll call, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department 1. Broadway Water and Sewer Project Update: Borton: Thank you. Item No. 6, Department Reports. Public Works Department. Broadway Water and Sewer Project update. Radek: President Borton, Council Members, my name is Kyle Radek, I am a staff engineer in Public Works. I'm the project manager for the Broadway Avenue Water and Sewer Project. I'm here to ask for some guidance from Council. We originally specified that work in the intersections of Meridian and Main Street on Broadway would be done at night in this project and the contractor is requesting that we allow them to accomplish the work by closing the intersections on weekends. After discussions with Public Works director and ACRD staff, our conclusion is that allowing weekend closures would be safer, faster, and save us money and so I'd like to offer this topic for discussion of the Council to see if the Council had some opinions on the closures of the roads during the weekends versus doing night work and the value of that to the citizens of the community and to offer, if appropriate, concurrence on our decision. Borton: Thank you, Kyle. Bird: Mr. President? Borton: Mr. Bird. Bird: ACRD is fine with it and I don't see anything wrong with it. I think it's probably better to do it then than at night, because you have still got traveling at night and quite a bit of lighting up, so if that will save us some money I'm for it. I don't think it will tie the traffic up too bad. Rountree: Mr. President?