HomeMy WebLinkAboutSanitary Sewer and Water Main Easement with Van Auker, Ronald W. for Creamline Park SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10
.BOISE IDAH010I25107 01:39 PM
DEPUTY Bonnie Oberbillig III IIIIIIillllllllllllllllllllllll III
RECORDED-REQUEST Of 107145J3~
.Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of~0~between J~µ~k~~. U~ rye
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.
Sanitary Sewer and Water Main Easement
EASMT.SW
Page ~ -o~
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.
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.
STATE OF IDAHO
ss
County of Ada )
On this ~~~ day of , 20 ~ ~, before me, the undersigned, a Notary
Public in and for said State, personally appeared _~~alo~ vV . 1/6C~ ~-~ / 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.
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'~v ~.•'• ~,~- O ARY PUBLIC FO I A~H~O~
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' Sewer Main Easement ~ EASMT.SW
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GRANTEE: CITY OF MERIDIAN
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Tammy de eerd or ;~ ~,~~ O
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Attest by William G. Berg, r., ity €ler .~ <;'' 1
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this ~~ ~~ day of V'~(,`~(i~;~ l , 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.
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(SEAL) ~•• Q,g,O~r~;•• NOTARY PUBLIC FOR IDAHO
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Sanitary Sewer and Water Main Easement EASMT.SW ~ ~~
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EXHIBIT "A"
~A H O 1450 East Watertower St.
Suite 150
SURVEY Meridian, Idaho 83642
GROUP Phone (208) s46-8s~o
Fax (208) 884-5399
Project No. 07-014-01 September 27, 2007
Creamline Park Sanitary Sewer Easement
A parcel of land located in the SW 1/4 of Section 12, T.3N., R.l W:, B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the Southwest
corner of said Section 12, from which the South 1/4 corner of said section bears South
89°15'24" East, 2651.28 feet; Thence North 56°48'50" East, 949.21 feet to the REAL
POINT OF BEGINNING.
Thence North 00°43' 10" East, 20.00 feet;
Thence South 89°16'50" East, 40.00 feet;
Thence North 00°43' 10" East, 236.54 feet;
Thence North 89°16'50" West, 40.00 feet;
Thence North 00°43' 10" East, 20.00 feet;
Thence South 89°16'50" East, 40.00 feet;
Thence North 00°43' 10" East, 309.30 feet;
Thence North 89°45' 16" West, 39.92 feet;
Thence North 00°14'44" East, 20.00 feet;
Thence South 89°45' 16" East, 40.08 feet;
Thence North 00°43' 10" East, 289.63 feet;
Thence South 88°30'36" East, 20.00 feet;
Thence South 00°43' 10" West, 283.19 feet;
Thence South 89°45' 16" East, 39.87 feet;
Thence South 00°14'44" West, 20.00 feet;
Thence North 89°45' 16" West, 40.03 feet;
F
Pry fessi®nal Lard S~arvoy®rs p
Thence South 00°43' 10" West, 309.47 feet;
Thence South 89°16'50" East, 40.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 40.00 feet;
Thence South 00°43' 10" West, 242.54 feet;
Thence South 89°16'50" East, 40.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89° 16' S0" West, 100.00 feet;
Prepared By:
Idaho Survey Group, P.C.
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O~9rE OF ~~P~~
~FRRY P~J~
D. Terry Peugh, PLS
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EXHIBIT "B"
EXHIBIT B CITY OF
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5.14 513 589'15'24'E 2651.28'
MERIDIAN SANITARY SEWER EASEMENT
CREAMLINE PARK SUBDIVISION
LOCATED IN THE WEST 1/2 OF THE SW 1/4 OF SECTION 12,
T.9N., R.1W., H.M.,
MERIDIAN, ADA COUNTY, IDAAO
2007
LINE TA BLE
LINE LENGTH BEARING
L1 20.00 N00'43'10"E
L2 40.00 S89'16'50"E
L3 236.54 N00'43'10"E
l4 40.00 N89'76'50"W
LS 20.00 N00'43'10"E
L6 40.00 589' 16'50"E
L7 309.30 N00'43'10"E
LS 39.92 N89'45'16"W
L9 20.00 N00'14'44"E
L10 40.08 S69'45'16"E
L11 289.63 N00'43'10"E
L72 20.00 588'30'36"E
L73 283.19 500'43'10"W
l14 39.87 589'45'16"E
L75 20.00 S00't4'44"W
L16 40.03 N89'45'16"W
L17 309.47 S00'43'10"W
L18 40.00 569'16'50"E
L19 20.00 500'43'70"W
L20 40.00 N89'76'50"W
L21 242.54 500'43'10"W
L22 40.00 S89'76'S0"E
L23 20.00 500'43'70"W
L24 700.00 N89'16'S0"W
4q A~ 31
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s.,~p1/a O TERRY
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150 0 75 150 300 valley Engineering, ~nC.
SCALE IN FEET CIVIL ENGINEERINGI PLANNING CARD
1472 E. IRON EAGLE DR. TEL 208-998.0013
EAGIF, ID 89816 FAX 208-938.0518
IDAHO
SURVEY
GROUP
EXHIBIT "A"
1450 East Watertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 07-014-01 September 27, 2007
Creamline Park Water Easement
A parcel of land located in the SW 1/4 of Section 12, T.3N., R.1W., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the Southwest
corner of said Section 12, from which the South 1/4 corner of said section bears South
89°15'24" East, 2651.28 feet; Thence North 56°48'50" East, 949.21 feet to the REAL
POINT OF BEGINNING.
Thence North 00°43' 10" East, 20.00 feet;
Thence South $9° 16' S0" East, 52.00 feet;
Thence North 00°43' 10" East, 246.54 feet;
Thence North 89°16'50" West, 52.00 feet;
Thence North 00°43' 10" East, 20.00 feet;
Thence South 89°16'50" East, 52.00 feet;
Thence North 00°43' 10" East, 309.49 feet;
Thence North 89°16'50" West, 52.00 feet;
Thence North 00°43'.10" East, 20.00 feet;
Thence South $9°16'50" East, 100.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 13.00 feet;
Thence South 00°43' 10" West, 13.00 feet;
Thence North $9°16'50" West, 15.00 feet;
Thence South 00°43' 10" West, 83.48 feet;
Thence South 88°30'36" East, 459.73 feet;
Pr®fessi®r~~l L®nd Surarey~rs
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Thence South 00°32'36" West, 77.76 feet;
Thence South 89°27'24" East, 3.00 feet;
Thence South p0°32'36" West, 20.00 feet;
Thence North 89°27'24" West, 23.00 feet;
Thence-North 00°32'36" East, 78.08 feet;
Thence North 88°30'36" West, 439.79 feet;
Thence South 00°43' 10" West, 156.51 feet;
Thence South 89°16'50" East, 17.50 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 17.50 feet;
Thence South 00°43' 10" West, 16.49 feet;
Thence South $9°16'50" East, 28.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 28.00 feet;
Thence South 00°43' 10" West, 215.54 feet;
Thence South 89°16'50" East, 15.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 15.00 feet;
Thence South 00°43' 10" West, 11.00 feet;
Thence South $9°16'50"East, 28.00 feet;
Thence South 00°43' 10" West, 20.00 feet;
Thence North 89°16'50" West, 28.00 feet;
Thence South 00°43' 10" West, 22.41 feet;
p ~ g .~:~.
Thence 20.50 feet along the arc of anon-tangent curve to the left having a radius
of 61.50 feet, a central angle of 19°05'49", and a long chord bearing North 77°52'06"
West, 20.40 feet
Thence North 00°43' 10" East, 18.37 feet;
Thence North 89°16'50" West, 52.00 feet to the Point of Beginning;
Prepared By:
Idaho Survey~up, P.C.
443
s,, q - 2?~~0
> qrF of ~o'~
\FRRY P~G~
D. Terry Peugh, PLS
EXHIBIT "B"
EXHIBIT B
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5.11 .12 S.12 1/4
5.14 5.13 589'15'24~E 2657.28'
S.13
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD DIRECTION CHORD
C1 20.50 61.50 19'05'49" N77'S2'06"W 20.40
A
N~ 4 3 a~
Q 9TF O F ~~PG~
~FRRY PEA
150 0 75 150 -300 1IIey Engln@@i'Ing, Inc.
SCALE IN FEET CIVIL ENGINEERING ~ PLANNING ~ CADD
1472 E. IRON EAGLE DR. TEL 208-938-0013
EAGLE, ID 83616 FAX 208-938-0516
CITY OF MERIDIAN WATER EASEMENT
CREAMLINE PARK SUBDIVISION
10 LOCATED IN THE WEST 1/2 OF THE S11 1/4 OF SECTION 12,
T.3N., R.iW., B.M.,
=, MERIDIAN, ADA COUNTY, IDAHO
L12 2007
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Page ~~ ~r~f~~~
Meridian City Council
October 16, 2007
Page 3 of 34
A. Approve Minutes of September 11, 2007 Pre-Council Meeting:
B. Approve Minutes of September 25, 2007 City Council Regular
Meeting:
C. Approve Minutes of October 2, 2007 City Council Regular Meeting.
D. Findings of Fact and Conclusions of Law for Denial:
VAR07-016 Request for a Variance to UDC 11-4-3-43.1.2 that
requires communication towers to be set back from all publicly
owned right-of-way a minimum of two times the height of the tower
to be installed, to allow a 50 foot setback instead of a 100 foot
setback as required, by T-Mobile - 3100 East Florence Street:
E. Second Addendum to Development Agreement: MI 07-010
Request for a Miscellaneous application for Modification of the
existing Development Agreement for Hampton Inn & Suites to allow
all principally permitted uses within the C-G District for Hampton
Inn & Suites Addition by Hotel Developers -Boise, LLC - 815 &
875 South Allen Street and 2870 East Freeway:
F. Addendum to Development Agreement: MI 07-007 Request for
a Miscellaneous application to Modify the Development Agreement
to remove the Conditional Use Permit requirement for all
commercial development in the C-G zone and instead require
design review approval of all commercial development in the C-G
zone for Paramount Commercial Southwest by Ustick
Marketplace, LLC -Northeast Corner of North Linder Road and
West McMillan Road:
G. Water Main Easement Agreement for -Diamond Point Buildin
by Syringa Properties:
M. Sanitary Sewer and Water Main Easement Agreement for
Creamline Park Subdivision by Ronald Van Auker:
I. Water Main Easement Agreement for Lowe's (Overland) by
Karcher Crossing:
J. Resolution No. 07-582 Renewal and Amendment of
Patio Lease at Generations Plaza:
Meridian City Council
October 16, 2007
Page 4 of 34
K. Task Order 3.0 -Operations and Maintenance Audit with CH2M
HILL for $18,257:
L. Pathway License Agreement with Nampa & Meridian Irrigation
District for Rushmore Subdivision:
M. Agreement for Professional Services for Safety Manager /
Consulting with Safety Enterprise, Inc. for $24,000:
N. Personal Services Contract between the City of Meridian and
Whitman & Associates, Inc. to provide building inspection
services and plan reviews for structures constructed within
the City of Meridian:
O. Personal Services Contract between the City of Meridian and
RIMI, Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
P. Personal Services Contract between the City of Meridian and
DMH, Enterprises to provide plumbing inspection services and
plan reviews for structures constructed within the City of
Meridian:
Q. Personal Services Contract between the City of Meridian and
Harold's Electric, Inc. to provide electrical inspection services
and plan reviews for structures constructed within the City of
Meridian:
R. Personal Services Contract between the City of Meridian and
Greene's Fire Protection & Safety Services, Inc. to provide fire
inspection services and plan reviews for structures
constructed within the City of Meridian:
De Weerd: Item 5.
Zaremba: Madam Mayor, I move that we accept the Consent Agenda, noting that Item
J is a resolution number 07-582 and ask the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Any
discussion?
Rountree: None.
s
Meridian City Council
October 16, 2007
Page 5 of 34
De Weerd: Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
De Weerd: There are no department reports.
Item 7: Items Moved from Consent Agenda:
De Weerd: Or items moved from the Consent Agenda.
Item 8: Tabled from October 2, 2007: FP 07-026 Request for Final Plat
approval for 140 single-family building lots and 21 common lots on 89.70
acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by
Treehaven, LLC - 4042 West Chinden Boulevard:
De Weerd: Item No. 8 was requested to continue. I need a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue Item 8 to October 23rd.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8. Mr. Berg, will you, please,
call roll. I'm sorry. All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Not to approve, but to continue.
Item 9: Tabled from October 2, 2007: FP 07-030 Request for Final Plat
approval for 50 single-family building lots and 14 common lots on 10.10
acres in an R-4 zone for Baraya Subdivision No. 1 by Dyver
Development, LLC -east of Black Cat Road on Franklin Road:
Item 10: Tabled from October 2, 2007: FP 07-031 Request for Final Plat
approval for 50 single-family building lots and 2 common lots on 10.55