Sanitary Sewer and Water Main Easement with Boise Surplus 2002 LLC for Cherry CrossingADA COUNTY RECORDER J. DAVID NAVARRO 6
BOISE IDAHO 09130103 02:16 PM
DEPUTY Kathy Ingraham
Mer dRanECiIyREQUEST OP ~~~ ~~~~~~~I~I~~~~~~~I~~~~~~I~~I~ ~~ ~~~
AMOUNT .00 1 ~~ 165981
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day o between Boise Surplus 2002 LLC an
Idaho limited liability company, 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 nonexclusiveright-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 nonexclusive free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said nonexclusive easement andright-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 area described in this easement that was placed there in violation
of this easement.
Sanitary Sewer and Water Main Easement EASMement
Page~of
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 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:
Jeffery L.
STATE OF IDAHO
County of Ada
Operating Officer
ss
On this ~ day of ~ , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Jeffery L. Hess, known or identified to me
to be the Chief Operating Officer of the Boise Surplus 2002 LLC that executed the within
instrument, and acknowledged 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.
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Sanitary Se~~c~"~intet
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GRANTEE: CITY OF MERIDIAN ~~~"'""""'~~~,
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Attest by William G. Berg, ity Clerk ~''%,~OL~NTY . ~~~~~`~
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Approved By City Council On: _ ~'~ _ _ : ~~,
STATE OF IDAHO, )
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County of Ada )
On this ~~ day of ~(,,~vWt~ , 2003, before me, the undersigned, a Notary Public
in and for said State, personally appearedIr~v~ ~e~ and WILLIAM G. BERG, JR.,
_;1 a~wt Ct~l~ i
known to me to b .the and City. Cler , respe ive y, o t e City of Meridian, Idaho, and
who executed the~w~~iin~Q~e~n~;ar~d 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) .~~ `~',~..~~,; NOTARY PUBLIC FOR IDAHO
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Residing at: ~viu C~wv,~_.~
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IDAHO
SURVEY
GROUP
Project No. 03-125
DESCRIPTION FOR
UTILITY EASEMENT
CHERRY CROSSING
7al S.Al~enst„suite los
Meridian, Idaho 83642
Phone (208) 846-8570
fax (208) 378-0329
September 4, 2003
A utility easement located in Lots 13 and 15, Block 1 of Chevy Crossing
Subdivision as filed in Book 86 of Plats at Page 9696 records of Ada County, Idaho
located in the SE% of Section 2, T.3N_, R.1W., B.M., Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the SW comer of said Lot 15;
thence along the South boundary line of said Lot 15 South 89°33'46" East,
272.41 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 20°20'07" East, 31.22 feet;
thence North 00°00'09" West, 173.11 feet;
thence North 90°00'00" West, 166.07 feet;
thence North 00°00'00" West, 20.00 feet;
thence South 90°00'00" East, 156.06 feet;
thence North 00°00'00" West, 57.35 feet;
thence South 90°00'00" East, 78.34 feet;
thence South 00°01'42" West, 7.90 feet;
thence North 89°59'41" East, 30.00 feet;
thence South 00°00'00" West, 2.10 feet;
thence South 90°00'00" East, 156.18 feet to a point on the West right-of-way line
of North Linder Road;
thence along said West right-of--way line South 00°16'08" West, 20.00 feet;
thence leaving said West right-of--way line North 90°00'00" West, 234.42 feet;
S:USG Projectslcheny Crossing Lt.A (Q3-12~1pocurtters151utilityease.doc ,1
EXHIBIT- a__~___ P~~~~
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thence South 00°00'09" East, 224.05 feet;
thence South 20°20'07" West, 27.57 feet to a point on
of West Cherry Lane;
thence along said North right-of--way North 89°33'~
REAL POINT OF BEGINNING, containing 14,763 square fi
Prepared
Gregory
North right-of-way line
West, 21.27 feet to the
more or less.
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S:IISG Projects~Cheny Crossing Li.A (03-125)1Documentslutifityease.doc „ t~
EXHIBIT
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Meridian City Council Meeting
September 23, 2003
Pg. 3 of 44
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
014 Request for annexation and zoning of 33.25 acres from RUT
to R-8 zones for proposed Tuscanv Village by Tuscany
Development, Inc. -south of East Victory Road and west of South
Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
015 Request for Preliminary Plat approval of 136 building lots and
10 other lots on 33.25 acres in a proposed R-8 zone for proposed
Tuscanv Village by Tuscany Development, Inc. -south of East
Victory Road and west of South Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-029 Request for a Conditional Use Permit for a Planned Unit
Development with reduced lot widths and setbacks for the
proposed Tuscanv Village by Tuscany Development, Inc. -south
of East Victory Road and west of South Locust Grove Road:
K. Findings of Fact and Conclusions of Law for Approval: VAR
03-012 Request for a Variance to block length requirements for a
block on the south side of Clearbrook Street for Clearbrook
Estates Subdivision by R.K. Development, LLC -west of North
Meridian Road and south of West Ustick Road:
L. Findings of Fact and Conclusions of Law for Approval: CUP
03-024 Request for a Conditional Use Permit to construct a new
dental clinic in an L-O zone for Seegmiller Dental by Dr. Dave
Seegmiller - south of East Gala Street and east of South
Millennium Way:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-037 Request for a Conditional Use Permit to move into older
home used as office space, pave portion of adjacent lot, use as
dealership for used automobiles in a C-G zone for O.P.M.
Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview
Avenue:
N. Development Agreement: AZ 03-004 Request for annexation
and zoning of 1.37 acres from R-1 to L-O zones for Montvue
Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue
Drive:
O. Sewer and Water Main Easement for Cherry Crossing:
P. Sewer Easement for Tuscany Village:
Meridian City Council Meeting
September 23, 2003
Pg. 4 of 44
Q. Streetlight Agreement for Burney Glen No. 1:
R. Approve Contract for Stenographic Services - MD Willis, Inc.:
S. Resolution No. Approving the
Memorandum of Understanding with Meridian Firefighters
Local 2311 regarding Wages:
T. Resolution No. Approving Collective
Labor Agreement with Local #2311 International Association of
Firefighters:
De Weerd: Okay. Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with Item J being moved to
the regular agenda item as five J and for item S, the resolution approving --
understanding the Meridian Firefighters regarding wages, be tabled until October 7th,
2003, and that the Council President sign and the Clerk attest to all proper papers.
Nary: Second.
De Weerd: Okay. It's been moved and seconded with changes to items J and S. Mr.
Clerk, roll call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
De Weerd: Thank you.
MOTION CARRIED: ALL AYES.
Item 4: Department Reports
A. Finance Department:
1. Finance Report:
De Weerd: Okay. Item number four is Department Reports. We will start with item A
with the Finance Department. Stacy.
Kilchenmann: Madam President, members of the Council, I don't really have anything
in particular to point out with the financial statement this month, except for a couple
pleasant items that bond rates are going up and we have purchased some bond rates