HomeMy WebLinkAboutSanitary Sewer Easement with DBSI Tanana Valley, LLC for Black Cat Phase 4ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAH011115107 01,31 PM
DEPUTY Lisa Irby ~~~ ~~~~~~~~~I~~~~~~~~~~~~~~~~~~~ ~~ ~~~
RECORDED-REQUEST OF 1 ~715~F 1 ~7
Meridian Ciry
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASEMENT
BLACK CAT SEWER PHASE 4
DBSI TANANA VALLEY LLC
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~~ day of~~ , 2007, by the
undersigned DBSI Tanana Valley LLC., who maintains a mailing address of 1550 S. Tech
Lane, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of
Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of
33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOW, THEREFORE, inconsideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of--way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS A & B)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantor shall have the right to use and improve the easement
area for uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. TH E GRANTOR(S) do hereby covenant and agree that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
purposes stated herein.
SANITARY SEWER EASEMENT, Page 1 of 3
2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the CITY, in constructing and in making future repairs, will
expediently replace and restore the premises to a condition comparable to that
existent prior to undertaking Such construction, repairs and replacement.
However, the CITY will not be responsible for repairing, replacing or restoring
any permanent structures, large trees or brush placed within the area described
in this easement.
3. CITY agrees to indemnify and hold harmless the Grantor and subsequent
owners of any loss or claim that is directly attributable to the City's utilization of
the described permanent sewer easement that is not set forth herein in this
easement.
THE GRANTOR does hereby covenant with the CITY that it lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good
and lawful right to convey said easement, and that it will warrant and forever defend
the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
DBSI Tana alley LLC
By:
STATE OF IDAHO)
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County of Ada )
On this ~ day of wi' , 2007, before me s~c~~~~s~ ~~~~ ,
personally appeare ~~~~,~yr,~t„r, ,proved to me on the basis of
satisfactory evidence to the person whose names is subscribed to the within
instrument, and acknow~~dg~, that they executed the same.
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SANITARY SEWER EASEMENT, Page 2 of 3
Beneficiary: CITY OF MERIDIAN
BY:
Tammy de W r ,Mayor
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ATTEST: ' : ~`'
i liam Berg, Jr., City CI ;,~ r ;;-~ . ~,~.
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Date approved by Council: ~G'f'oD~~ ~3, Zoo~~`"`~ ~~~~~~~~~~,~`
SANITARY SEWER EASEMENT, Page 3 of 3
Project: 10-06-074
Date: July 20, 2007
EXHIBIT A
PARCEL DESCRIP71ON FOR A
PERMANENT EASEMENT
That portion of the Northwest'/ of Section 30, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows:
Commencing at the Northwest comer of Section 30 from which the North Y+ comer of said
Section 30 bears North 89'42'09" East, 2,450.83 feet; thence South 44'58'33" East, 98.31 feet to the
Easterly right-of-way of Kuna-Meridian Road the POINT OF BEGINNING;
thence along said right-of-way North 00' 2321' East, 4.91 feet to the Southerly right-of-way of
Wctory Road;
thence along said right-of-way North 67'11'22" East, 62.92 feet;
thence South 00'00'00" East 29.30 feet;
thence South 90'00'00" West, 58.04 feet to the POINT OF BEGINNING.
Containing 0.023 acres {492 square feet), more or less.
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
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IIDIAN. ADA COUNTY. IDAF~ i
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P~MANEKi EASEMENT '(
Project: 10-06-074
Date: July 2a, 2007
EXHIBIT B
PARCEL DESCRIPTION FOR A
TEMPORARY EASEMENT
That portion of the Northwest Y, of Section 30, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows:
Commencing at the Northwest comer of Section 30 from which the North % corner of said
Section 30 bears North 89'4209" East, 2,450.83 feet; thence South 44'58'33" East, 98.31 feet to the
Easterly right-of-way of Kuna-Meridian Road the POINT OF BEGINNING;
thence North 90'00'00" East, 58.04 feet;
thence North 00'00'00" East 29.30 feet to the Southerly right-of-way of Victory Road;
thence along said Southerly right-of-way the following 3 courses:
1. North 67' 11'22" East, 2.37 feet;
2. North 85"58'45" East, 89.71 feet;
3. North 89'24'51' East, 51.63 feet;
thence South 00"44'02' West, 200.00 feet;
thence North 89'25'43" West, 200.00 feet to the Easterly right-of-way of Meridian-Kuna Road;
thence along said Easterly right-of-way North 00'25'50" East, 160.96 feet to the POINT OF
BEGINNING.
Containing 0.859 acres, more or less.
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Hotkesvig, P.L.S.
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City of Meridian, Public Works
Engineering
InferO~ce Memo
To: Tara Green
From: Karie Glenn
CC:
Date: 11 /19/2007
Re: Original /Recorded Docs for Vault
107154127 11/15/2007 SEWER
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DBSI Tanana Valley Black Cat Phase 4 easement
LLC
From the desk of...
Karie A Glenn
Dept. Specialist Supervisor
Public Works: Engineering Division
660 E Watertower Ste 200
Meridian, Idaho 83642-2600
(208) 898-5500
Fax: (208) 898-9551
• Page 1
Meridian City Council
October 23, 2007
Page 5 of 104
A. Approve Minutes of October 9, 2007 City Council Special
Workshop Meeting:
C. Resolution No. 07-584 Declaration of Surplus
Propertv of 2 Kawasaki Motorcycles to Canyon County
Sheriff's Department:
D. Resolution No. 07-585 Destruction of Records for
Finance Department:
E. Resolution No. 07-586 Declaration of Surplus
Propertv to Donate Computer Equipment to the Meridian Boys
& Girls Club:
F. Resolution No. 07-587 VAC 07-012 Request for a
Vacation of the public utility, drainage and irrigation easements for
Montvue Park Subdivision for Gardner Ahlguist Gateway by
Timberline Surveying, PLLC -Southeast Corner of East Franklin
Road and North Eagle Road:
G. Approve Pipeline Crossing Aareement with Union Pacific
Railroad Company fora 10-inch water main crossing the
railroad tracks at RR Mile Post 456.33 for the amount of
$4,800.00:
H. Approve Chanae Order No. 11 of Contract with Owyhee
Construction, Inc. for additional Type "P" Permanent Asphalt
Repair for Broadway Avenue, Meridian Road to Fifth Street
Utility Replacement Project: for $106,725.00:
Approve New Beer and Liquor Licenses for JMS Services dba
My Caffe at 450 S. Meridian Road, Ste. 15:
Water Main Easement Agreement for Meridian Village by A&H
Investments:
1,.. Permanent and Temporary Easement Contract for the
Construction of the Sanitary Sewer for .the Black Cat Phase 4
Schedule A Trunk by DBSI Tanana Valley, LLC:
M. Change Order No. 5 for the Wastewater Treatment Plant
Expansion Project with JC Constructors, Inc. for $86,236.75:
ti
Meridian City Council
October 23, 2007
Page 6 of 104
O. Independent Contractor Agreement for Demolition of 919 NW
1S Street with Ideal Demolition Services:
P. Approve Contracts for New City Hall Project:
Precision Communications, Inc. dba TTE-PreCom
De Weerd: Item No. 5 is our Consent Agenda.
Zaremba: Madam Mayor, move that we approve the Consent Agenda with the following
changes: Remove Item B to become 7-B. Remove Item K to become 7-K and
resolution C is 07-584. Resolution -- Item D is resolution 07-585. Item E is resolution
07-586. Item F is resolution 07-587. And with that I ask that we approve it and for the
Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: We have a motion and a second. Any discussion? Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department
1. Reimbursement Request for Shepherds Creek Sewer
Extension:
De Weerd: Under Department Reports we will start with our Public Works Department.
Len.
Grady: Madam Mayor, Members of the Council, several -- several weeks ago Council
approved an agreement -- a reimbursement agreement with a group of developers.
They are now requesting a change order for an easement through one of those
properties. This is a little bit odd, because normally Public Works maintains that door
and denies those. requests, but they have asked to come to Council to present their
request, so I'd really like to turn it over to Matt and let him present his request.
De Weerd: Well, Len, after he makes his request we will ask what your
recommendation is.