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Sanitary Sewer Easement with Quenzer, Eugene and Ardyce L. for White Drain SewerAGA COUNTY RECOR4ER s. e~v~~ ~~v~R~a ~~02 JL 24 P~1 2~ 34 RECgROED • REQ1fEST QF FF~.~--pEPU~'Y ~ ~D2083202 ~~ This Sheet has been added to the document to accommodate recording information. Sanitary Sewer Easement Eugene and Ardyce L. Quenzer SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") is made and entered into this f ~v~ day of 20 0 ~ by and between Eugene Quenzer and Ardyce L. Quenzer, husband and wife, the "Grantor(s)," and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "Grantee." Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1 ", "A-2" and A-3 attached hereto (the "Servient Estate"). B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument; c. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set in the ground, provided that such markers shall be placed in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement; e. The right to construct future manhole(s) over and service connections to this sewer trunk line. 2. Construction. Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Permanent Easement Page 1 of 3 Grantor(s) prior to the commencement of construction. By reviewing such plans and specifications Grantor(s) assume(s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Against Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/it/they) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonably required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and each of them,) from and against all claims, actions or judgements, for damages, injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, install, repair or maintain the system on the Servient Estate. 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, including reasonable attorney's fees. 7. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assigns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. 10. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. Permanent Easement Page 2 of 3 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. CITY of Meridian By Gary Smit , P.E., Public Works Director By: , ob rt Corr' ,Mayor \~,.~`~y O~O ER/~92 ~~~''' ATTEST• ~ Title: ~iV ~~ t avu- ~? ~ Y. - ~ _- 9 ~ City Council Approval I~t rf T +~ O ~~~` v' ; STATE OF IDAHO ~ ss. County of Ada ) ~, n GRA ORS: By: Printed: A i11 e Q u~ ~I z P !2 Date: 7- ~ /- O o~ Social Security Number: ~~/ 9 4~~ - ~' ~! ~ By: Printed: ~~ G~~[~tE~,~ G/2 Date: 7-- ~a - t~~ On this ~ day of 20 09- before me, ~jl~ ~ a No ary Pu lic in and fQr~,the~State of Idaho, personally appeared ~-r ~..9. G--L • g" , 'Known or proved to me to be the person(s) w o executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same. IN WITNESS WHEREOF, I have hereunto set y,Viand and affixed my official seal the day and year in this certificate first above wri en ~~ ~e ~;~ ,~~®®® ~• ~® * ~.® , 'AUBLZG eo° 'sew?, ®ee . eel Q r g+~qT~ ... 19~,~~. ~~ OF Notary~Re(blic for Idaho Residing at ~~'c.d ~~-J Idaho My commission expires 1 d - L - bS Permanent Easement Page 3 of 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT FOR PARCEL 1 PARCEL # S0531427800 OWNED BY EUGENE AND ARDYCE QUENZER This permanent sanitary sewer easement is situated within the SE 1/a of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho. Being a 30.00 foot wide strip of land, l5 feet left and right and a 27.71 feet wide 12.71 feet left (north) and 15 feet right (south) of the following centerline more particularly described as follows: Commencing at the E1/4 corner of said Section 31; thence N 89°46'20" W, a distance of 2638.68 feet to the C1/4 corner of said Section 31; thence S 00°45'41" W, a distance of 475.00 feet to the POINT OF BEGINNING. Thence S 89°46'10" E, a distance of 135.01 feet to a point; Thence N 00°45'41" E, a distance of 180.62 feet to point; Thence S 89°46'10" E, a distance of 290.01 feet to a point; Thence S 00°45'41" W, a distance of 334.14 feet to a point; Thence S 89°46'10" E, a distance of 260.30 feet to a point; Thence N 05°16'03" E, a distance of 124.87 feet to a point; Thence N 26°43'05" E, a distance of 95.96 feet to a point; Thence N 68°38'14" E, a distance of 1102.13 feet to a point at the end of the 30.00-foot wide permanent easement; Thence beginning a 27.71 foot wide permanent easement of land S 89°46'20" E, a distance of 855.56 feet to a point on the westerly Right-of-Way of Locust Grove Road said point being the END point of this easement line description. The easement described contains 2.28 acres more or less. See: Exhibit "A4" EXHIBIT A-I LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT FOR PARCEL 2 PARCEL #50531427800 OWNED BY EUGENE AND ARDYCE QUENZER This permanent sanitary sewer easement Being a portion of parcel # S0531427800 situated within the SE 1/4 and the NE1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho. Being a 30.00 foot wide strip of land, l5 feet each side of the following centerline more particularly described as follows: Commencing at the E1/4 corner of said Section 31; thence N 89°46'20" W, a distance of 2638.68 feet to the C1/4 corner of said Section 31; thence S 89°46'20" E, a distance of 135.01 feet to a point; thence N 00°45'41" E, a distance of 20.50 feet more or less to a point on the northerly line of said parcel and also being the POINT OF BEGINNING. Thence S 00°45'41" W, a distance of 299.89 feet to the END POINT of this easement description. The easement described contains 0.21 acres more or less. See: Exhibit "A4" EXHIBIT A-2 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT FOR PARCEL 3 PARCEL # 50531427800 OWNED BY EUGENE AND ARDYCE QUENZER This permanent sanitary sewer easement is situated within the SE'/4 and the NE1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho. Being a 30.00 foot wide strip of land 15 feet each side of the following center line and more particularly described as follows: Commencing at the E1/4 corner of said Section 31; thence N 89°46'20" W, a distance of 2638.68 feet to the C1/4 corner of said Section 31; thence S 89°46'20" E, a distance of 425.02 feet to a point; thence N 00°45'41" E, a distance of 17.94 feet more or less to a point on the northerly line of said parcel and also being the POINT OF BEGINNING. Thence S 00°45'41" W, a distance of 297.34 feet to the END POINT of this easement description. The easement described contains 0.20 acres more or less. See: Exhibit "A4" EXHIBIT A-3 _ ~_~, W cdu~ •1~3 , ~ f '~ l s~~ ~ ~ I ~ F .NXI ]6 ~' k~,41 ,tL'Zl~ i~ i ~I IN ~ ~ £ s ~ i E ..~_„_~ ~ ~ ` i ~a ~j~ _. ~~ j'~W '~~i~~ ~ ~a ~ ~~ s.... ; ~ ,~1. ~_~w.~_ cb II~`N j ~ ,. o 11IPP L ~ I~ ., .. ... ~dAl) '1WS3 ~ ~ ~ ._ - € 'W3Md ,tCLZ ~ ~ [-~ ~ $j~ ~l t~ 9 .1~z7 ~ # N I \\ 1 M ~ 6M w ~) ~ ~ ~'~~ ~~~ lam' ;~. NII ~ 1 ~~ ,~ ~ ` ~~~; ~Q ~~ Q .~ 1 ~~~ ~ -'~j' ~ ~~~' ecx^ ,9 ~: ~. 1,1 \~ O ~~ f~ ~ ~. -~ f ~ ~~~~ ,... ~ ~, O 1' ` ~ W `° ~ ~ ~ ~~~ ~ f O I ~ O *~ ~\ i i ~~_~ e~ w ~ a ~ ~I ~ ~f " , ^ i ~ nl ~ .r .gYJP G a m I _. _"a r. : ~~ V1 I I- ~ ~ ~ ' ~ 1 £ mih'd ...~.._ ......_.. M /~ f£ [6Z~ ~ ~f S4.OON I i i ~~ ~'" ~' (~~ o m ~ N Oa~olii~ Iw ~'I~j`"a N i ~' ,ON UOL ~ ].LT,`{T.UUP1 ~.lp,$Y. ' . li° r ~,'" ct4Map% 3 3 _L L_~_ -~ M,14,SY.005 ,00'4U a U t MI ~ U V W W t W ~ NNN BOG `O. N M W K~C~ o_aa ~r .~~ w O _ P ~ D Z w ,.,.,..,. "~r N i ~~~~Y pl~l w ~`~~ ~ _..... I ~ -v V Meridian City Council Regular Meeting July 16, 2002 The regular meeting of the Meridian City Council was called to order at 6:35 P.M., Tuesday, July 16, 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, Gary Smith, Shari Stiles, Brad Watson, Mike Worley, Will Berg, Ken Bowers, Tom Kuntz, 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: Okay. I will open the Meridian City Council regular meeting agenda for Tuesday, July the 16th, 2002, at 6:30 p.m. I want to thank everyone for being here this evening. Let's have roll call, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Thank you. Item No. 2 is Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as noted, with the addition in the Consent Agenda of Item M, which is the retail agreement, the -- yeah, Retail West, the agreement with Retail West on the Ten Mile Exchange Survey -- Interchange Survey. And on the Consent Agenda we'd like to pull Item E and make it 5-E and Item J, make it 5-J for discussion. With that I'd move that we adopt the agenda. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda with the noted changes. Is there any further discussion? Then all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian City Council Meeting July 16, 2002 Page 2 of 89 A. Approve minutes from June 24, 2002 City Council Regular Meeting: B. Approve minutes from July 2, 2002 City Council Special Meeting: C. Approve minutes from July 2, 2002 City Council Regular Meeting: D. Findings of Facts and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L- O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: E. Findings of Facts and Conclusions of Law for Denial: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an O-T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): F. Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr./ Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: G. Findings of Facts and Conclusions of Law for Denial: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - %4 mile south of McMillan Road, east side of Linder Road: I. Beer and Liquor License Applications by John C. Box for Bill N- Lynn's Place, 229 West Franklin Road: J. Will Serve Letter - W. H. Moore property: K. White Drain Sewer Trunk Permanent and Temporary Easement -- Quenzer property: L. Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: Corrie: Next we have the Consent Agenda and we have Items E and J has been pulled and to be put on 5-E and J. Anything further on the Consent Agenda? Oh, that's right. And the addition of the Retail West on the interchange -- Ten Mile Interchange Study Report. Meridian City Council Meeting July 16, 2002 Page 3 of 89 De Weerd: Mr. Mayor? Cowie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda as amended. Nary: Second. Cowie: Motion has been made and seconded to approve the Consent Agenda as amended. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Cowie: All ayes. Motion to approve the Consent Agenda with the changes is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports 1. Planning and Zoning Department -Shari Stiles A. Update on Preparation of Final Comprehensive Plan /Resolution: Cowie: Item 4 is Department Reports. Planning and Zoning Department, Shari Stiles, update on preparation of final Comprehensive Plan and slash Resolution. Stiles: Mr. Mayor and Council, I just wanted to let you know where we were on the Comprehensive Plan. We had hoped to have it up for a resolution tonight. We did get the copy back from our consultant with changes made. However, there are additional changes that need to be made, clean up typos, and problems with some of the layout of the document. We will be meeting with them next week to make the final changes and would like to ask if your meeting on the 30th, if we could have a special meeting prior to the meeting that I guess you would have with the Planning and Zoning Commission on the 30th, since it is the fifth Tuesday. Not going to have any? Cowie: We already decided on the 2nd. Stiles: Are you not going to have any meeting on Tuesday? Cowie: No. We will have it -the next meeting will be August the 6th. Stiles: Is that when you -you want to hold it off that long?