Loading...
Sanitary Sewer and Water Main Easement with Jacksons Food Stores, Inc for Water and Fire Hydrant Access City of Meridian ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 11/03/05 01:47 PM DEPUTY Vicki Allen RECORDED -REQUEST OF Meridian City AMOUNT .00 5 1111111111I11111111111111111111111111 105166611 SANITARY SEWER AND WATER MAIN EASEMENT - - THIS INDENTURE, made this el] day ot~nzkaO~between'Jd,ASM.>fool ~i~:JAl. 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 EXPRESSL Y 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 orrestoring 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 Sanitary Sewer and Water Main Easement EASMT.S&W.doc Page 1 PWl~_aLt=S 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 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::JC\t.~lLS ~ &to'es~c.. GRANTEE: CITY OF MERIDIAN: Approved By City Council On: STATE OF IDAHO) ) ss County of Ada ) On this cA 1 day of {>epyr ' 20(1S", before me, the undersigned, a Notary Public in and for said State, personally appeared :]/;v. cK /)<<(1; s 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. Sanitary EASMT.S& W.doc a~~ NOTARYPUBUCFORIDAHO Residing at (;bk (' AW-/A, 1-:/ Commission Expires: vv ;j.~7; ?-{O Page 2 page.cl-of 5 STATE OF IDAHO, ) ss. County of Ada ) :#1 f)' On this ttli' day of C-+O~, 2005, 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 affjxed my official seal the day and year first above written. (SEAL) JhOA t?( &n{~ NOTARY PUBLIC FOR IDAHO 1 RESIDING AT: -m/ Ih",,{ ~,jld. MY COMMISSION EXPIRES: / c-/ 5"-1 ( Page3 _06-. B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd. Boise, ID 83705 Telephone 208-343-3381 Facsimile 208-342-5792 Land Description City of Meridian Water Service and Fire Hydrant Easement Jacksons Eagle Road and Pine Avenue 23 September 2005 A parcel of land situate in the northwest quarter of the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter corner of said Section 9; thence N89010'44"E, 307.80 feet along the east-west centerline of said Section 9; thence SOoo49'16"E, 50.00 feet to the southerly right-of-way of Pine Avenue; thence S89010'44"W, 97.50 feet along a the southerly right-of-way of Pine Avenue to the Point of Beginning: Thence SOoo49'16"E, 10.00 feet; Thence S89Q10'44"W, 20.00 feet along a line parallel to the southerly right-of-way of Pine Avenue; Thence NOoo49'16"W, 10.00 feet to the southerly right-of-way of Pine Avenue: Thence N89010'44"E, 20.00 feet along the southerly right-of-way of Pine Avenue to the Point of Beginning. Comprising 200 square feet, more or less. EXHIBIT A page~ .OO'OZ 3 _ /7 /7 . 0 1 ~6 g N co .00'01 M _ 91. 6/7~00 N l- .OO'OZ M _ /7 /7 . 0 1 ,,6 g S - .00'01 3_91.6/7,,00 S co ./79'~Z 3..00. 9r~/7/7 N - ::t .00'Oq 3H9/.6/7,,00 S >< 3:JNV1S/0 DNIClV38 li..J . . . . . . . . . / 7- - \.{) Q) a =::1 C"'\I c:: C"'\I Q) lU ~ :s: ~ "'t "'t' 0 "'\t a : "'t - co. Q) a . () - -~. c:: - 0, (): .. '- ()) tv). co co . Q. <: I..... V) 0 <J ~/ "'\t "- . - .i IV) -.l "- \.{) I..... c:: - <1.> -.1 -r.:, <1.> E: - '- Q) I..... 0 V) <1.>:S: 0 :t: lLi .zg'ozr M _ 60. 00000 S ~ $,1 Vo /cS' 8..y vI:? /> .IQ'06Z 3_ 60.00,,00 N peot:! 81/3"83 9 7 q 7 /7 7 r 7 Z 7 1 7 3NI7 (I,) ..t::: C,) C,) ........ "'- ~ :::,. (I,) C,) I... ~ t:::: (I,) Ct) - Ct) .... " I... t:::: (J) (I,) (I,) Q) "'- E: l.... (lJ (I,) C) ~ (J) "'- (lJ Ct) t:::: LlJ (1;S "'t) '- .... C) C) lJ.. "'t) t:::: '- (1;S l.... l.... Q) "'t) (J) ~ ~ t:::: ::r: C) (J) o (I,) ~ I... C,) :::.....- (lJ "'- lI... '"") ..... '- () ~ (I,) "'- '- Ct) (I,) :::, (,) t:::: t:::: Q) - :::,. lC) C) "I-- o::c C) ~ C\l tI) <:") (I,) l.... t:::: (I,) <:") l.... 'I< '- (I,) Cl. (I,) t:::: t') -Q "I;j- E: '- "0 0)<:") (I,) 'I< t:::: t:::: ~ .... LlJ (lJ Q.. C) '"c:l Q) o::c C\l (1;S Ct) C) ~ 0: co (I,) - 0) (lJ LlJ pf 5 Meridian City Council October 25,2005 Page2of41 De Weerd: Mr. Bird, Bird: I would move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. Motion is to adopt the agenda as published. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 30, 2005 City Council Special Meeting / Joint Workshop: B. Approve Minutes of October 4,2005 City Council Regular Meeting: C. Amended Findings of Fact and Conclusions of Law for Approval: AZ 05-030 Request for Annexation and Zoning of 5,1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc, - 2770 South Locust Grove Road: D. Amended Findings of Fact and Conclusions of Law for Approval: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: E. Amended Findings of Fact and Conclusions of Law for Approval: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc, - 2770 South Locust Grove Road: F. Contract for the Support Services for Existing Model Update with JUB Enqineers, Inc.: G. Sewer Collection System Maintenance Program Peer Review with CH2M HILL, Inc.: H. Chanqe Order No. 1 for the McMillan Water Extension Proiect with Masco, Inc.: I. Sanitary Sewer and Water Main Easement Aareement for Jackson's Food Store: Meridian City Council October 25,2005 Page 3 of 41 J. AQreement for Professional Services for Miscellaneous NPDES Permit Assistance with CH2Mhill: K. FY2006 BudQet Amendment for BuildinQ Department for Full Time Department Specialist: L. Award of Bid for Well 26 & 27 Control System Installation to Custom Electric: M. Power Easement for Well No. 26: De Weerd: Item 5. Mr. Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department - Doug Strong 1. Further Discussion of Land and Water Conservation Fund Qrant for Splashpad at Meridian Settler's Park from October 4, 2005: De Weerd: Item 6, our Department Reports. We will start with Mr. Strong as the parks department. Strong: Thank you, Madam Mayor, Members of the Council. As you will recall on the October 4th City Council meeting, we discussed the Land and Water grant that we were awarded from the National Parks Service through the Jdaho State Parks. J'd certainly answer any additional questions that you have had the opportunity to think about since then. What I'm here for tonight is to recommend that we not accept that grant and to request that the 45,000 dollars that we would have gotten from the grant, that we use additional impact fees to build the water splash pad, phase two, of the Adventure Island Playground, So, with that as an introduction, I'll entertain questions or concerns about that proposal.