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Sanitary Sewer Easement with Aschenbrenner, Kenneth and Sharon for North Slough Sewer Trunk SANITARY SEWER EASEMENT o . _., -~ THIS INDENTURE, effective this ~?Q~ day of~//,yy~+Iy~, 200 by the undersigned ~ ~,u'n Kenneth and Sharon Aschenbrenner who maintains a mailing addressOf. ss95 S. Ridgewood Road ~ ~m Nampa , ID g36£t7 ,hereafter referred to as "GRANTOR" forthe benefit of the ~~ City of Meridian, a municipal corporation of the State of Idaho that maintains amailing ='~ address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: ~ ~= 0 ~~ WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the d 4 ° ~ o, ~, premises and property hereinafter particularly bounded and described; and ~~=~ s o.n~~3 ~ WHEREAS, the sanita sewer is to be rovided for throu h an under round -Y P 9 9 ~W v ~ W a d pipeline to be constructed by others; and ~o =mo ~ = m a o ora~ WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; 4 °° ° ~ ~ NOW, THEREFORE, in consideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTIONS) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY; its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITYwill not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Kenneth Aschenbrenner rclit/ Sharon Aschenbrenner STATE OF IDAHO) ss County of Ada ) ~ Q OAS" On this ~o~'F day of 7,g,,.N .cr , , before me C ~~ ~ f ~?-•~v~-~.. , personally appeared _Kenneth and Sharon Aschenbrenner ,proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within~jpet~a~nt, and acknowledged that they executed the same. ~ ~~NN~~~ ~~ ~~ • ^ ~yOTgR ~: ~o ? r• ~.~ • • :6 f,'; AUgLIG ~.~ NOTARY PUBLIC FOR IDAHO My Commission Expires on ~ " (~ r Beneficiary: CITY OF MERIDIAN B ,~~, ~~~ Y Tammy de W tl, Mayor Y ~~~ ,,.- Q s ATTEST: - r ~ ~ .~`~-L William Berg, Jr., City Cle s Date approved by Council: Ill l S ~ ~ ~ `~ SANITARY SEWER EASEMENT, Page 2 of 2 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50530336200 OWNED By Kenneth L Aschenbrenner and Sharon Aschenbrenner This permanent sewer line easement is situated within the SW % of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada County, State of Idaho. Being an easement 30 feet in width, 10 feet right and 20 feet left along the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Coininencing at the SW coiner of Section 30; thence along the westerly line of the SW '/ of said Section 30, N00°24'38"E, a distance of 2640.14 snore or less feet to the W '/ corner of said Section 30; thence along S00°24'38"W a distance of 69.93 feet to the POINT OF BEGINNING Thence S88°35'23"E a distance of 193.15 feet to a point; Thence S82° 18'04"E a distance of 196.65 feet to a point ; Thence S72°45'29"E a distance of 120.11 feet to a point; Thence S69°55' I S"E a distance of 107.89 feet to a point; Thence S58°12'31"E a distance of 98.51 feet to a point ; Thence S44°00'38"E a distance of 80.30 feet to a point; Thence S41 °32' 17"E a distance of 413.79 feet to a point; Thence N48°27'43"E a distance of 270.00 feet to a point ; Thence S41 °32' 17"E a distance of 307.75 feet to a point; Thence S60°41'32"E a distance of 60.46 feet to a point; Thence S89°31'27"E a distance of 123.49 feet to a point; Thence S89°32'28"E a distance of 151.77 feet more or less to a point on the easterly line of said parcel #50530336200, also being the END POINT of this easement description. The easement described contains 1.46 acres more or less Basis of Bearing N00°24'38"E from the SW comer of Section 30 to the West'/ corner of Section 30. See: Exhibit "A-2" Exhibit A-1 Date 1/11/2005 i - i w , a coe- - ~-~---- -- sEC. 30 ~ ---------------------~ SECTION UNE-- ----------- --- - ~- ----- -- _ ~3523~ _ _ _Sez i6b!'E 19315 i _ ~ 5-j~l37 S69'S5'IS'E 196.65' -'~~ ~~` 107.89' S58'12'31~ 1201jT ~ 51' 98 P.O.B. ~ . ~ su•ao'36t ~~ i ~ ~ 8010' ~\ \ ` y~ ~"' ~ ~" -PERMPNE7d ~ tY- i ~ o EAtt71INf ~ i '~ ~ IZ ~ i p~ ` ~~ \ \ ~~ m 1 ~ ~ tv~ \~~~~'~/ ~iti ~lJh~ S 60~462~ .a~ ;O ~ ~~0~ ERNANENf EASELEM ~~~\ 589'31'27T ' ' ~ _N I~ ~ ` _ ~V ~~--- ' SBY~ 28 E ~Q~ 123.49 5 151.7) o ~C) N ((~ ~~v ` (-c~~ `~ Y ~ ~O ~ O~ ~ ~~ ~ o i Z ~`~ (~ C V ~ ~ ~, p ~ IW II•Z = I II 0 I ~ Z I •Z :O F w i ---- ' SlY COR ~----- --- -------°-------------- --------------••---°------°-------- I' --.. .~J---- i ~~• 3o SECTION UNE S 1/a cor. SECTION 30 T.4N., R.lE., B.M. SW 1/4 REV. N^. DESC. BY: CK'D1 CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: _ JH DATE1 ~~^_ »_, 200s_ PR^JECT1 cK'D BY1 __~K SCALEI N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPR^VED1 LEGALI A PORTION OF SEC. 30, DWG Noy RW T a N R ? E B M ADA COUNTY . , -- - - --- . ., . ., . ., , CITY ENGINEER DATE IDAHO. SHEET 1 OF ~ EXHIBIT A-2 w 1/a CoR SEC 30 5ECT10N UNE ~ -' . m - _$S?~.J13~ _ _ 5818'04'( - - 193.15 _31113' ~ S6 D7.89''E =g6.6S' --~~_ 19 ~` 558'12'31'E !~ ' ~ P O B ll ~ ~ 98.51 ` ~ ' ` . . . ~ ~` s44•oo 3at ~ _ ~ ~ eo.3o' so' 1o7aoRnar ~so4Exr\ \ ~ ~~. ti°~ so' 1~7aowwr us[ue4r 1 09 /L \ . ~ ~ ~ ~~ i s y ~~ ~ ~ ~~ `err IUNENT ElSFA1FNf ~ ~ ~ \ ~ ~/ / ~ ~ ~ ~ ~ ' ~ i ~ ~ ~~ j i ~ ~ ~ $ I ~ ~ ~ ~ ~' ~ ~ ~ ~ ' ' ~'L ~~ ~' ~ ~ ~ ~ 580 41 32 i ~~ o \ 123.49 151.77 ~ _0.O 5 O ~ i N ~~~~ tmu m7~owutr E~uwr = 24b nC i 4~~~0~~ ~ ~~~ o z ~ h ~~! ~ ~ Q Iw •z 0 U Z ~ ' W I I N :O 4e% IU I' SW COR -- +--------- -------°------- --°-----------------•-•--°------••-~----° I. --° J---- i sEC. 3o SECTION UNE s 1/a cor. SECTION 30 T.4N., R.lE., B.M. SW 1/4 REV. N^. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BYt_ ~H DATEI ~~^• » 2005 PR^JECTI cK'D BY. __°K SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPR^VED1 LEGAL: A PORTION OF SEC. 30, DWG No: RW T 4 N R i E B M ADA COUNTY . . -- - - --- . ., . ., . ., , CITY ENGINEER DATE IDAHO. SHEET 1 ^F i EXHIBIT B-1 Meridian City Council February 1, 2005 Page 3 of 42 Item 5: Consent Agenda: A. Approve Minutes of January 11, 2005 City Council Regular Meeting: B. Approve Minutes of January 18, 2005 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 04- 018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of Treasure Valley by Irma Jean Phillips - 544 West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: E. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Proiect: F. Approve Beer and Liquor Transfer for the 127 Club - 127 East Idaho: G. Agreement for Professional Services for BDS Lock Box: H. Permanent and Temporary Easement Contract for the Westborough Subdivision: I. Budget Amendment -North Black Cat Trunk and Lift Station Proiect: J. Approve Bills: De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all legal papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council February 1, 2005 Page 4 of 42 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before we go any farther, before starting into the regular agenda, we need to -- as Item No. -- we will exchange -- we will make the Executive Session 20 and No. 19, with your permission, a letter signatory from the Council and Mayor, is Senator Crapo's letter. If we could add that. Rountree: Second agrees. Bird: I apologize. De Weerd: Okay. With Council's permission, we will go ahead and add an Item 19 for the signature of the letter to Senator Crapo and Item 20 would be the Executive Session. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from Consent Agenda. De Weerd: Item 8 has been requested to table to February 8th. I would entertain a motion. Item 6: Department Reports A. Legal Department 1. Public Disturbance Ordinance Amendment: Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Are you going to skip the Department Reports? De Weerd: Oh, yes, I am. I thought I would expedite this meeting. Sorry.