Sanitary Sewer and Water Main Easement with Sutherland Farms LLC No. 1ADA COUNTY RECORDER J. DAVID NAVARRO 9
BOISE IDAHO 08/14/03 12:32 PM
DEPUTY Michelle Turner
Merid anEC ryREQUEST OF III IIIIIIII'IIIIIIIIIIIIIIII'I'lll'11
AMOUNT .00 163137116
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~~~ 2013 between S~ llama Fac~v- ~-, 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 EXHIBIT~A and
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 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 Page 1
EASMT.SW.doc
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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: /~
(~.
President
Secretary
STATE OF IDAHO
ss
County of Ada )
On this f ~ ~' day of SIn ve , 20_, before me, the undersigned, a Notary
Public in and for said State, personally appeared 7'retJu r C_ ~.~ 6~.yfi 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
1 4.~~y ~. Als$ •,~~~
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P U BL1G ~.
Sanitary S"dly~!-~~}4r1~~
EASMT.SV~I~~C~T13 OF
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NOTARY PUBLIC FOR IDAHO
Residing ~ ISM, ~
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Commission Expires: j0 ~~-O~'
Page 2
Page.,.~o~
GRANTEE: CITY OF MERIDIAN \\\\\\"""""~~~~,,~
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GOrtPO/~~~ 2 '~~
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Rob D. orrie, Mayor = $~~lL
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Attest by William G. Berg, ity Jerk ~~''%q~'O~~TY , ~~P\~~,~
~!'idiiiiii411~\\\
Approved By City Council On:
Sanitary Sewer and Water Main Easement Page 3
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STATE OF IDAHO,
ss.
County of Ada )
~-I , /~
On this ~ ~ day of ~t(.l~ L~~ , 2003, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE 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 affixed my
official seal the day and year first above written.
(SEAL)
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~1BLSC,_ ~O i
iTE OF Ifl ~~•
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NOTARY PUBLIC FOR IDAHO
RESIDING AT:~~u LfGwl, <;~
MY COMMISSION EXPIRES`/-2s~S
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Engineers Surveyors Planners
Project: 11855
Date: January 31, 2003
EXHIBIT "A"
PROPOSED SUTHERLAND FARM SUBDIVISION N0. 1
OFF-SITE SEWER EASEMENT
A description for the purpose of an off-site sewer easement, being a portion of the SW'/a of Section 21,
T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows:..
Commencing at a brass cap marking the Southwest corner of Section 21, T.3N., R1E., B.M., Meridian, Ada
County, Idaho, as shown. on the attached Exhibit "B"; thence North 46°23'09" East, 1,242.99 feet to the TRUE
POINT OF BEGINNING; from said point a brass cap marking the West'/a corner of said Section 21 bears
North 26°02'08" West, 2,050.81 feet;
thence North 00°OQ'17" West, 239.69 feet to a point of curvature;
thence along a curve to the right 78.54 feet, said curve having a radius of 225.00 feet, a central angle of
20°00'00", tangents of 39.67 feet, and a chord of 78.14 feet which bears North 09°59'43" East to a point of
tangency;
thence North 19°59'43" East, 210.33 feet to a point of curvature;
thence along a curve to the left 91.79 feet, said curve having a radius of 275.00. feet, a central angle of
19°07'29", tangents of 46.33 feet, and a chord of 91.37 feet which bears North 10°25'58" East to a point of
tangency;
thence North 00°52'14" East, 105.12 feet. to a point;
thence North 01°28'01" West, 98.08 feet to a point;
thence North 00° 52'14" East, 403.38 feet to a point;
thence South 89°07'50".East, 14.00 feet to a point;
thence North 00° 52'14" East, 185,00 feet to a point;
thence North 89°07'46" West, 201.86 feet to a point;
thence North 00°00'00" West, 100.82 feet to a point of non-tangent curvature;
thence along a curve to the left 29.99 feet, said curve having a radius of 28.50 feet, a central angle of
60° 16'57", tangents of 16.55 feet, and a chord of 28.62 feet which bears North 60° 51'50" West to a point of
tangency;
thence North 00°00'00" West, 12.01 feet to a point of non-tangent curvature;
thence along'a curve to the left 29.99 feet, said curve having a radius of 28.50 feet, a central angle of
60° 16'57", tangents of 16.55 feet, and a chord of 28.62 feet which bears North 60° 51'50" East to a point of
.tangency;
thence North 00°00.'00" East, 98.56 feet to a point;
.thence South 90°00'00".East, 30.00 feet to a point;
thence South 00°00'00" West, 209.71 feet to a point;.
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Engineers Surveyors Planners
thence South 89 ° 07'46" East, 202.31 feet to a point;
thence South 00°52'14" West, 215.00 feet to a point;
thence South 89 ° 07'42" East, 14..00 feet to a point;
thence South 00°52'14" West, 407.38 feet to a point;
~~
Proposed Sutherland Farm Subdivision No.1
Off-Site Sewer Easement
January 31, 2003
Page 2
thence South 03°24'55" West, 90.09 feet to a point;
thence South 00° 52' 14" West, 109.12 feet to a point of curvature;
thence along a curve to the right 108.48 feet, said curve having a radius of 325.00 feet, a central angle of
19°07'29", tangents of 54.75 feet, and a chord of 107.98 feet which bears South 10°25'58" West to a point of
tangency;
thence South 19°59'43" West, 210.33 feet to a point of curvature;
.thence along a curve to the left 61.09 feet, said curve having a radius of 175.00 feet, a central angle of
20 °00'00", tangents of 30.86 feet, and. a chord of 60.78 feet which bears South 09 ° 59'43" West to a point of
tangency;
thence South 00°00'17" East, 146.04 feet to a point of non-tangent curvature;
thence along a curve to the left 6.03 feet, said curve having a radius of 28.50 feet, a central angle of
12°07'56", tangents of 3.03 feet, and a chord of 6.02 feet which bears South 84°56'38" East to a point of
tangency;
thence South 00°00'17" East, 12.01 feet to a point of non-tangent curvature;
thence along a curve to the left 6.03 feet, said curve having a radius of 28.50 feet, a central angle of
12°07'56", tangents of 3.03 feet, and a chord of b.02 feet which bears South 84°56'04" West to a point of
tangency;
thence South 00° 00' 17" East, 82.36 feet to a point;
thence North 87°.58'36" West, 50.03 feet to the TRUE POINT OF BEGINNING.
Said parcel contains .1.94 acres (84,357 sq. ft. ), more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc. ~ Aye
Ronald M. Hodge, L.S.
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Engineers .Surveyors Planners
Project: 11.855
Dater January 31, 2003
EXHIBIT "A"
PROPOSED SUTHERLAND FARM SUBDIVISION N0. 1
OFF-SITE WATER EASEMENT
A description for the purpose of an off-site water easement, being a portion of the SW ~/ of Section 21,
T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of Section 2.1, T.3N., R.1 E., B.M., Meridian, Ada
County, Idaho, as shown on the attached Exhibit "B"; thence North 46°52'34" East, 1;253.53 feet to the TRUE
POINT OF BEGINNING; from said point a Brass Cap marking the West'/a corner of said Section 21 bears
North 26°24'15" West, 2,057.91 feet;
thence North 00°00'17" West, 291.10 feet to a point;
thence North 19 ° 59'43" East, 293..81 feet to a point;
thence North 00 ° 52' 14" East, 193.39 feet to a point;
thence North 89 ° 07'46" West, 816.10 feet to a point;
thence North 77° 52'46" West, 24.11 feet to a point;
thence North 89°07'46" West, 170.67 feet to a point;
thence North 00°52'14" East, 20.00 feet to a point;
thence South 89 ° 07'46" East, 172.64 feet to a point;
thence South 77' 52'46" East, 24.11 feet to a point;
thence South 89 ° 07'46" East, 847.13 feet to a point;
thence South 00 ° 52' 14" West, 218.15 feet to a point;
thence South 19°59'43" West; 270.19 feet to a point;
thence South 00°00'17" East, 309.27 feet to a point;
thence South 89 ° 59'43" West, 6.00 feet to a point;
thence North 87° 58'36" West, 35.02 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 1.12 acres (48,881 sq. ft. ), more or less.
END OF DESCRIPTION
Preparedby:
J-U-B ENGINEERS, .Inc.
Ronald M. Hodge, P.L.S.
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Meridian City Council Meeting
June 24, 2003
Page 3 of 52
K. Findings of Fact and Conclusions of Law for Approval: PFP
03-001 Request for Preliminary /Final Plat approval of 2 building
lots on 2.46 acres in an L-O zone for Gala Park Subdivision by
Paul Aigner -1620 Celebration Avenue:
L. Findings of Fact and Conclusions of Law for Approval: RZ 03-
005 Request for a Rezone of 4.738 acres from R-4 to L-O zones
for Christ Lutheran Church by Christ Lutheran Church - 1406
West Cherry Lane:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-012 Request for a Conditional Use Permit for achurch /
preschool in a proposed L-O zone for Christ Lutheran Church by
Christ Lutheran Church -1406 West Cheny Lane:
N. Findings of Fact and Conclusions of Law for Denial: CUP 03-
017 Request for a Conditional Use Permit for a new Carl's r.
restaurant with drive-thru service by Clayton Jones -north of
Intersection of South Meridian Road, East Central Drive and South
Main Street:
O. Waterline Easement for Idaho Central Credit Union:
P. Sewer and Waterline Easement for Franklin Storage:
Q. Sewer and Water Main Easement for Tuscany Development -
Messina Village Subdivision No. 1:
R. Sewer Main Easement for Tuscany Development -Messina
Hills Subdivision No. 1:
S. Sewer and Water Main Easement for Sutherland Farms
Subdivision No. 1:
T. Lift Station Maintenance Agreement with Havasu Creek, LLC,
for Cobre Basin Subdivision No. 1:
U. License Agreement with Nampa ~ Meridian Irrigation District
for Sewer Crossing of Finch Lateral:
V. Change Order No. 1 for South Slough Trunk Sewer Project -
Brown Construction:
Meridian City Council Meeting
June 24, 2003
Page 4 of 52
Corrie: Okay. Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Mr. Nichols, and Mr. Smith from Public Works have
asked to move Item Number W down to 5 W. Take it off the Consent Agenda and move
it down to the Regular Agenda as 5-W. With that f would move -- with that change,
move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to
attest on all proper papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, Mr. Clerk, roll call, please.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports:
A. Finance Department:
1. Finance Report:
Corrie: Item Number 4 is the Department Reports, Finance Department. Mrs.
Kilchenmann.
Kilchenmann: Mayor, Members of the Council, there is just a couple items I want to call
to your attention tonight. The first under investments and interest income that -- if Bruce
and -- our investment advisor and I have decided at this point we can only used the
Idaho pool for investment, because there is just -- interest rates are so low that it's not
possible to go out on the bond market or find certificates of deposit that are any --
anymore than like one and one and a half percent. I will check this again, the interest
rate forecast I made to the end of the year tomorrow when I find out if the feds actually
do lower interest rates again, because we might have to revise our revenue forecast
downward and take some action on that, depending on what happens with that.
De Weerd: Mr. Mayor?