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
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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
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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
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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.