HomeMy WebLinkAboutSanitary Sewer Easement with Durst, Jim for Kelly Creek SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 06!06108 10:25 AM
DEPUTY Ycld Allen
RECORDED-REQUEST OF III IIII'IIIII~IIIII'lllll'IIIIIII
City of Meridian 1 ~$~~~~~~
SANITARY SEWER EASEMENT
THIS INDENTURE, made this `~ day of ~ ~~, 20 D 8 between ..1 t M l~.IRST ,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 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
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 a sewer line over and across
the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary 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.
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 iJNDERSTOOD 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
Sewer Main Easement easmt.swr main.doc
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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, suchright-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 m~ , 20~, before e, the undersigned, a Notary Public
in and for said State, personally appeared ~ i M ~~~ S1 and
known or identified to me to be the 1?~~ and Secretary, respectively, of
the corporation that executed the within instrument, and acknow~ec~ged 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.
J' 8~p ~~
= G ~'•; NOTARY PUBLI FOR IDAHO
apt AR p Residing at: A~ ~ m P A , ~ D ~ ~0
* ~•• * ~ Commission Expires: ?f d i /a 0 /d
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GRANTEE: CITY OF MERIDIAN
Tammy de We ,Mayor ```~~~~~a,~•l ~ '~%,~r''r
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Attest b aycee Holman, City Clerk EAL
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Approved By City Council On: = T ~ ~' ~
STATE OF IDAHO, )
. ss.
County of Ada )
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On this ~ V day of rn , 20 d~ before me, the undersigned, a
Notary Public in and for said State, personally peared TAMMY DE WEERD and JAYCEE
HOLMAN, 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) ;''~ ~',~,~,~; OTARY~U~I,IC FO~ZpIDAHO
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' Commission Expires: ~ U-1 ~ 1)
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Sewer Main Easement
easmt.swr main.doc
SANITARY SEWER EASEMENT
The following property located in the SE '/4 SE '/4 SE '/4 of Section 26, Township 4 North, Range
1 West, Boise Meridian, Ada County, Idaho
Beginning at the Southeast corner of said Section 26
Thence North 89°28'38" West, a distance of 600.70 feet,
Thence North 00°24'54" East, a distance of 261.98 feet to the REAL POINT OF BEGINNING.
Thence North 00°24'54" East, a distance of 158.02 feet
Thence South 89°35'06" East, a distance of 81.70 feet
Thence South 00°24"54" West, a distance of 38.00 feet
Thence North 89°35'06" West, a distance of 36.70 feet
Thence South 00°24'54" West, a distance of 90.02 feet
Thence South 89°35'06" East, a distance of 517.70 feet
Thence South 00°24'54" West, a distance of 29.04 feet
Thence South 07°32'30" West, a distance of 0.96 feet
Thence North 89°35'06" West, a distance of 562.58 feet to the REAL POINT OF BEGINNING.
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City of Meridian, Public Works
Engineering
InferO~ce Memo
To: Tara Green
From: Karie Glenn
CC:
Date: 6/9/2008
Re: Original /Recorded Dots for Vault
RECEIVED
.~u~ o ~ coop
City O~lVleridian
City Clerk Of~ee
108065959 6/6/2008 SEWER
Jim Durst I~-~'-"t~ easement
From the desk of...
Karie A Glenn
Dept. Speaalist Supervisor
Public Works: Engineering Division
660 E Watertower Ste 200
Meridian, Idaho 83642-2600
(208) 898500
Fax: (208) 898-9551
• Page 1
Meridian City Council
May 20, 2008
Page 4 of 53
LLC -Northeast Corner of West McMillan Road and North Ten Mile
Road:
F. Development Agreement: RZ 07-018 Request for a Rezone of
12.64 acres from R-4 to an L-O zone for Bridgetower Crossing
Office by Primeland Development Group, LLC -Southwest Corner
of West McMillan Road and North Linder Road:
G. Development Agreement: RZ 07-022 Request for a Rezone of
7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88
acres from R-4 to L-O zones for Bridgetower Crossing
Commercial by Primeland Development Group, LLC -east of
North Ten Mile Road and south of West McMillan Road:
H. Development Agreement: AZ 07-018 Request for Annexation
and Zoning of 9.764 acres from RUT to C-C zone for Settler's
Square Subdivision by Seagle Three, LLC - 870 West Ustick
Road:
I. Addendum to Development Agreement: MI 07-013 Request for
Miscellaneous application to modify the Recorded Development
Agreement for Verona Commercial by Primeland Development
Group, LLC -Northeast Corner of West McMillan Road and North
Ten Mile Road:
J. Addendum to Development Agreement: MI 07-014 Request for
a Miscellaneous application to modify the recorded Development
Agreement for Bridgetower Crossing Office by Primeland
Development Group, LLC -Southwest Corner of. West McMillan
Road and North Linder Road:
K. Findings of Fact and Conclusions of Law for Denial: VAR 08-
003 Request for a Variance to UDC Table 11-2A-5 to allow a
structure encroachment into the required rear yard setback in the
R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision
#6):
L. Development Agreement: RZ 07-023 Request for Rezone of 0.62
acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark
Engineering and Planning, Inc. - 4700 West Aspen Creek Street:
M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim
Durst:
Meridian City Council
May 20, 2008
Page 5 of 53
N. Resolution No. 08-607
Recreation Fees:
O. Resolution No. 08-608
P. Resolution No. 08-609
Employment:
De Weerd: Okay. Item No. 6 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
2008 Meridian Parks and
Drua and Alcohol Policy:
Introductory Period of
Bird: I will restate the resolution numbers in the Consent Agenda. Item N is 08-607.
Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent
Agenda as published and for the Mayor to sign and Clerk to attest on all papers.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, I will ask Madam Clerk, to, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Legal Department -Bill Nary
1. Temporary Sales Units Recommendation Regarding
Fees: Waive Fees for all Temporary Use Permits
effective with the passing of the new ordinance & for
one calendar year
De Weerd: Item 7 under Department Reports, I would ask Mr. Baird to, please, give an
update on the temporary sales ordinance.
Baird: Thank you, Madam Mayor, Members of the Council. I have an a-mail that
summarizes a meeting that was held today with Mr. Nary and representatives of the
planning department and the clerk's office and what they did is took up the issue of the
fees for temporary uses. As you may be aware, it's been sort of controversial as to
whether we should be charging for that and particularly as it may pertain to charitable
organizations. After this meeting the recommendation to you from this group is that you
not charge fees for temporary use permits for the 2008 calendar year. The city is more