Sanitary Sewer Easement with Roberta Charlton for Parkway SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO 6
BOISE IDAHO 02121104 09:59 AM
DEPUTY Bonnie Oberbillig
Mend anEC REQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
AMOUNT .00 1 ~`~~~~~~~
SANITARY SEWER EASEMENT
Januarv 23, 2004
THIS INDENTURE, made this .3o~day of c~~ . , 20 ~4'between Roberta. L. Charlton ,the party
of the first part, and hereinafter called the Grantors, and the City of Meridian, the parry of the second
part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide an sanitary sewer right-of--way across the
premises and property hereinafter particularly 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 sanitary
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
C:\projects\2003\05\30507 - Parkway\Correspondence\Out-going\EASMT.SWR.doc Page 1
EASMT.SWRdoc f
FagB~
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
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:
.,1- `~ ~, ~ ,,
t ~ ~ ~~~
~oberta L Charlton
STATE OF IDAHO )
ss
County of Ada )
,-,
`' ' ~ / / the undersi ed, a No
On this ~ u day of ' ~ /~L ':' ~ 2~y before me, gn tary
Public in and for said Sta ,personally eared C>1~.~ lam: ~'~l i~~ /f~ /~ , known or
identified to me to be the person that executed the within instrument, and acknowledged to
me that such he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
C:\projects\2003\05\30507 -Parkway\Correspondence\Out going\EASMT.SWR.doc Page 2
EASMT.SWR.doc
Page~~
,y : ~pRY
-~ : ,~0 ~,
a ~~ tiG p
pV$~ '~'
~• * 1~~:
y''•.;rTATL' ~4.••''.
OTARY PUBLIC FOR IDAHO
Residing at ~~1G~ ~ ~Li i~ ~~-~ i ~~~~ ~' ci
Commission Expires: ~~,/~y.~
GRANTEE: CITY RIDIAN ~~~~``~~~~~~~~~"''''~~~,,
\~. OF FRf ,,~
:~~ v ~ ~'PQf{ a~,9~L ~~~%
4t ~
~c0
Tammy e ee ,Mayor - ~~~~., _
.`
Attest by William G. Be g, ity Clerk -.;;;,r `:; ~ Y~~.,~~~~`~~
Approved By City Council On: , l
C:\projects\2003\OS\30507 - Parkway\Correspondence\Out-going\EASMT.SWR.doc Page 3
EASMT. S WR.doc Pa~~p~
STATE OF IDAHO, )
ss.
County of Ada )
On this 1?'~`'day of ~~~ , 2003, before me, the
undersigned, a ~lotary Public ~n and ;for' said Stat , personaily appeared TAMM~(~'3E
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, ~vf theCity ref ;Meridian, Idaho, and -wtao -executed ~t~ae within instruraaent, ar~d
acknowledged to me that the City of Meridian executed the same.
i~v WaTN€SS WfE~t€OF, ~ wave ~aere~#o set x~y farad and af#~ced ~y
official seal the day and year first above written.
sap;_ .. W
,. ~ ~;. E. I y u ~ r,
.; 1 S
.~
;~ ~yOT~,~, ~`
,~ S ~ ~`
~'~ ~ :: -
'. v'~. AV B L YC .•~ C
l+ • •
~P-t1i3LlC FOB #DA~O
3 AT: P/''i i 4K
~AISSION EXPIRES: v ~.d o
EXHIBIT "A"
HEARTLAND-GLASGOW
SEWER DESCRIPTION
A 30.00 foot wide sanitary sewer easement, located in the NE 1/4 of Section 1, T. 3 N., R. 1 W.,
B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the northeast corner of Section 1, of said T. 3 N., R. 1. W.;
Thence South 00°17'24" West, 933.45 feet;
Thence North 89°19'53" West, 1306.84 feet to the northwest corner of Lot 8, Block 4 of
Salisbury Lane Subdivision, as same is shown on the plat thereof recorded in Book 80 of Plats at
Page 8677, of Ada County Records;
Thence continuing North 89° 19'53" West, 25.00 feet on the northerly boundary line of said
Salisbury Subdivision to a point on an existing sewer line, the REAL POINT OF BEGINNING
of the centerline of a 30.00 foot wide sewer and water easement, said easement being 15.00 feet
on each side of the following described centerline;
Thence North 00°32'56" East, 120.00 feet;
Thence South 89°19'53" East, 115.00 feet to a point on the easterly boundary line of that parcel
of land as described in Parcel V of that Warranty Deed recorded as Instrument Number
97072987, of Ada County Records, said point being the point of terminus of this easement
centerline. The sidelines of this easement are to be extended or shortened to create a continuous
30.00 foot wide strip.
ALSO INCLUDING a 100 foot wide temporary construction easement being centered on the
above described easement centerline, for use during construction and maintenance of the subject
sewer line.
Michael E. Marks, PLS, No. 4998
C:\projects\2003\OS\30507 -Parkway\survey\LEGALS\Sewer.des.doc
1' S ge,.. ~.,.Of". ~Q..
"'~ EXHIBIT "8~`
HEARTLAND-GLASGOW
SEWER EASEMENT
EXHIBIT
1"=100'
i
i
__J
~~
sEweR Fnseu~r ;
--- - ~ - ~..~ ~ 1
1
i~
l~
n~
1
~•
SALJSBURY LANE SUBOlVISION
T.4N.. R.1 W B.M_ 36 3i
T.3N., R.1 W., B.M. i 6
i
I
~I
a
~~ . ~
~ ~
_EL_~'
....~~ ~ .
~~
Memo
Tat Mayor de Weerci & City Counal
~~s Kane Glenn
~ Fye
Dates ?J19/20t?4
lades Agenda Items from2/17/04 City Courxil Meeting fior Signature
{ am forvvardirag ~ ~ for Yom' ~ ~s ~ doa~ersts that wet~e appaaved ~
Council at the 2117104 Council meeting:
1) ;ewer Main Easem~t fQr P~ y.
Witt or JOLENE: Pl~se t~e6urn these original documerrts ~ the so that l can have than
recorded.
Thank you
• Page 9
Meridian City Council
February 17, 2004
Page 2 of 30
Item 4. Adoption of the Agenda:
De Weerd: Pastor Flinn, 1 would like to present you our water tower pin and thank you
for joining us here tonight. Okay. Item Number 4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the agenda as published.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. Is
there any discussion? Okay. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular
Meeting:
C. Approve minutes of January 20, 2004 City Council Special
Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP
03-005 Request for Preliminary /Final Plat approval of 2 building
lots on 52.84 acres in an I-L zone for Jabil Subdivision by Jabil
Circuit, Inc. -1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-061 Request for a Conditional Use Permit for a dental office in
an L-O zone for Gaudrv Dental Office by Dr. Robert Gaudry -
southeast corner of Millenium Way and Gala Street in Resolution
Business Park:
F. Findings of Fact and Conclusions of Law for Approval: PP 03-
040 Request for Preliminary Plat approval of 5 building lots on 3.49
acres in an L-O zone for Financial Plaza Subdivision by Idaho
Central Credit Union - 2225 East Overland Road:
Meridian City Council
February 17, 2004
Page 3 of 30
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
034 Request for Annexation and Zoning of 11.31 acres from RUT
to R-8 and L-O zones for proposed Razzberrv Crossing by Carl
and Bonnie Reiterman -south of East McMillan Road and west of
North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
039 Request for Preliminary Plat approval of 34 residential building
lots, 4 professional office lots and 6 common lots on 11.31 acres in
proposed R-8 and L-O zones for proposed Razzberrv Crossing by
Carl and Bonnie Reiterman -south of East McMillan Road and
west of North Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-062 Request for a Conditional Use Permit for a Planned
Development containing a mix of residential and professional office
uses in proposed R-8 and L-O zones for proposed Razzberrv
Crossing by Carl and Bonnie Reiterman -south of East McMillan
Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re:
Pretreatment Program
K. Sewer Main Easement for Parkway Subdivision:
L. Union Pacific Railroad Piaeline Crossing Agreement -Black
Cat:
M. Well #26 Production Well -Contract with Hydrolic:
N. Geographic Information Systems (GIS) Hardware, Software,
and Installation Services Contract with HDR:
O. Sr. Citizen ICDBG Professional Service Contract with SAGE:
P Resolution No. 04-421: Fair Housing:
Q. Resolution No. 04-422: Anti-Displacement and Relocation
Assistance Plan:
R. Resolution No. 04-423: Citizen Particiaation Plan:
S. Resolution No. 04-424: Non-Discrimination on the Basis of
Disability:
T. Resolution No. 04-425: Grievance Procedure:
Meridian City Council
February 17, 2004
Page 4 of 30
U. Resolution No. 04-426: Amendment to the Collective Labor
Agreement, between the City of Meridian and Local #2311
International Association of Fire Fighters.
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that includes Resolution
04-421, 04-422, 04-423, 04-424, and 04-425 and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda with the
specification on the Items P through T for the numbers as stated. Mr. Clerk, will you,
please, call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 6. Department Reports:
A. Mayor's Office
1. Apaointment of P&Z Commissioner:
De Weerd: Thank you. Okay. Item Number 6, Department Reports. I have the first
report. I would like to appoint Wendy Huckabay to the Planning and Zoning
Commission. Wendy is here with us. Wendy, you want to stand up? Wendy will be our
citizen at large on our Planning and Zoning Commission and she does understand it's a
six year term, much longer than the terms you serve, so -- and I didn't break her arm by,
you know, getting her to do this. Thank you for joining us, Wendy. You each should
have received a copy of her letter of interest and her resume. We did have the two
Planning and Zoning Commissioners, Keith Borup and David Zaremba, as well as
Council President Nary, sit down and interview a couple of the applicants that would fill
the at-large seat and we extended the offer to Wendy to join our Commission. Is there
any question?
Nary: Madam Mayor?
De Weerd: Mr. Nary.