Sanitary Sewer Easement with Howell Murdoch Develoment Corporation for Cedar SpringsRECORDED-REQUE.
- ~pA ~UUNTY RECURflER
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of 2~Wetween Howell Murdoch Development
Corporation, the parties of the first part, and ereinafter 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 toprovide asanitarysewerright-of--way across the premises
and property hereinafter particulazly 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 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 azea described in this easement that was placed there in violation
of this easement.
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EASMT.SWR.doc
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 aze 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:
l~
/ resident
Secretary
STATE OF IDAHO }
~ ss
County of Ada )
On this ~ day of , 2~'1~i, b ore me, unde igned, Notary
Public in and for said State, person y appeazed ~~~i~ U9dQ~ and
own or identified to me to be the President e~
c~.y!;, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITT
and year
I have
hand and affixed ray official seal the day
at:
ion xpires: /''~~°/''~~~
Sewer Main Easement
EASMT.S WR.doc
Page 2
GRA E: CITY OF MERIDIAN
ert D. Corrie, Mayor
``~`~puu,unNr~ryr
Attest by William G. Ber , Cit Clerk ° G ~rFO ''~
Approved By City Council On: 7B 'fPrvit.ber Z4 Z 0~02~ S~A~ _
9O9! GSr'Jt 1~~~ 1`
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~, J-U-B ENGINEERS, Inc.
~ ~ ENGINEERS • SURVEYORS • PLANNERS
EXHIBIT A Regional otfioe
250 South Beechwood Avenue, Suite 201
' Boise, ID 83709-0944
Project: 11746 208-376-7330
Date: August 5,,2002 Fax: 208-323-9336
CEDAR SPRINGS SUBDIVISION. N0.1
SANITARY SEWER EASEMENT
A description for the purpose of a 20.00-foot sanitary sewer easement , being a portion of
Section 36;-T.4N., R.1 W.; B.M., Meridiari, Add County, Idaho, and more particularly as follows:
A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described line,
'the sidelines of which to be prolonged or shortened at the respective terminating line;
Commencing at an Alumihum Cap marking the Southeast corner of Section 36, T.4N.,
R.1 W., B.M., Meridian, Ada County, Idaho; thence North 20°05'12" West, 2108:96 feet to a point
lying on the Southerly Boundary of Cedar Springs Subdjvision No.1 a;-shown on the official Plat filed
in the office of the recorder of Ada County, Idaho, said 'point being the TRUE POINT OF BEGINNING;
from which a Brass Cap marking the East 1/4 corner of'said Section 36 bears North 48°47'05" East,
1015.51 feet;
'thence South 38°10'22" East, 95..79 feet to a point;
thence South 17°08'00" East, 92.16 feet to a point;
thence South 00°45'21" West, 483.68 feet to a point lying on the Southerly Boundary of the
Howell•Murdoch Development Inc.. property as shown on the official Record of Survey No. 4958,
Instrument no. 100030102 in the office of the recorder of Ada County', Idaho said point of being the-
POINT OF TERMINATION, said point lying North 25°46'41" West; 1481.04 feet from the Southeast
corner of said Sectiori 36, said point of termination also lying South 27°27"02" West, 1438.12 feet
from the East 1 /4 corher of said Section 3b.
END OF DESCRIPTION
Prepared by:
J-U-B ENGLNEERS,Inc.
GAL: the
Gary A. Lee, P.E./L.S
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EXIHIBIT B ~~
CEDAR SPRINGS SUBDIVISION N0.1
SANITARY SEWER
EASEMENT
tl)465EWERI.pwG
Meridian Citv Council Meeting September 24 2002
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, September 24, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless and William Nary.
Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Will Berg, Ken Bowers,
Rita Cunningham, John Shawcroft, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: At this time, then, I will open the regular City Council meeting on Tuesday,
September 24th, 2002, a t 7 :00 p .m. i n t he City C ouncil C hambers a nd h ave t he c ity
clerk give us the roll-call attendance, please.
Item 2: Adoption of the Agenda:.
Corrie: Council, you have seen the agenda, Item No. 2, and the adoption of that
agenda, we have changed Item 12 on the executive session, as we have already had
that, so we can delete No. 12. Are there any other changes or additions?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we adopt the agenda as published, with the exception of removing
Item No. 12, which was the executive session, since it has already been taken care of.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to adopt the agenda as stated,
with the exception of Item 12, which was already performed on the agenda. If that is --
any other discussion? All those in favor of the motion say aye. Opposed no? Motion
carried.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
Meridian City Council Meeting
September 24, 2002
Page 2 of 53
A. Approve minutes of August 22, 2002 City Council Special
Meeting:
B. Approve minutes of August 27, 2002 City Council Regular
Meeting:
C. Approve minutes of September 10, 2002 City Council Regular
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: AZ 02-
013 Request for annexation and zoning of 40.48 acres from RUT
to R-4 zones for a Meridian Middle School for Joint School District
No. 2 b y L ombard C onrad A rchitects - e ast s lide o f N orth L finder
Road, north of West Ustick Road:
E. Findings of Fact and Conclusions of Law for Approval: AZ 02-
014 Request for annexation and zoning of 4.39 acres from R-2 to
L-O zones for Treasure Valley Baptist Church by Treasure Valley
Baptist Church - 1300 South Teare Avenue:
F. Findings of Fact and Conclusions of Law for Approval: CUP
02-018 Request for a Conditional Use Permit fora 1,406 square
foot Sonic Drive In restaurant with adrive-thru in a C-G zone in an
existing shopping center by Boise Food Service, Inc. - 2150 East
Fairview Avenue:
G. Sewer Easement for Meridian Settlers Park -Howell-Murdoch
Development Corporation:
H. Addendum to Agreement for Professional Services -Waste
Water Treatment Plant Dissolved Air Flotation Thickener
Project, Carollo Engineers:
I. Reimbursement Agreement to G.L. Voigt for Sewer Service -
Sundance Subdivision /White Drain Sewer Trunk Project:
J. Award of Contract -Well No. 10 Landscaping Project:
K. Change Order No. 2 (final) -Waste Water Treatment Plant
Laboratory Project:
L. Resolution No. 02-391 Approving Annual CPI Rate
Adjustment for Solid Waste Collection Services by Sanitary
Services Company:
Meridian City Council Meeting
September 24, 2002
Page 3 of 53
Corrie: Item 3, the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move we approve the Consent Agenda as noted and for the Mayor -- to
authorize the Mayor to sign and Clerk to attest on all ordinances and resolutions and
change orders, contracts, and et cetera.
Nary: Second.
Corrie: Motion has been made and seconded to approve the Consent Agenda as
written. Any further discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I just want to point out to the Council I had left a copy of a sound pressure decibel
level that I was to secure off the Internet. We have had that as part of the Findings of
Fact and Conclusions of Law for approval of Sonic Drive-In and I wanted to simply have
this for Council's example as to where we set that decibel level, that 55 decibels is
reasonable in light of what it shows, what the range of different types of noises are. I
would also report we had set that at 55, because that had been the city of Boise's
requirement for speaker systems such as that. At the time Sonic was approved in Boise
that was the standard on their CUP. They no longer have such standard in Boise, they
don't allow them at all within 300 feet of residences, so they wouldn't even be allowed in
this particular circumstance, so I think, again, this is very reasonable that we set it and I
just wanted to give you a copy of that so you could see that.
Corrie: Thank you, Mr. Nary. Any other discussion? Hearing none, roll call, please, on
the Consent Agenda.
Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 4: Department Reports:
A. Finance Department:
1. Finance Report: