Sanitary Sewer Easement with Freedman, Kristen S. and Paige E. for North Slough Sewer TrunkADA COUNTY RECORDER J. DAVID
BOISE IDAHO 0?102105 11:57 AM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
NAVARRO AMOUNT .00
~I~ I~~~~~~~II~~I~~~~I~I~~I~I~~I~~~'I~
10~012~3~
This sheet has been added to document
to accommodate recording information
- SANITARY SEWER EASMENT
N SLOUGH SEWER TRUNK LINE
KRISTEN & PAIGE FREEDMAN
EXHIBIT A
SANITARY SEWER EASEMENT
HIS~DID TORE, effective this ~~ day of December, 2004, by the undersigned
~,~~ , ,who maintains a mailing address of Sl 30 !~q-26C.wc~1~ fJlti ;
rtg_2cD(,4 v , ID g36~~ hereafter referred to as "GRANTOR" for the benefit of the
City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing
address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a 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 CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the 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.
1. 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 CITY will 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.
~~~
ntor
L~ ~-ctcc ~(~V1
~-
STATE OF IDAHO)
ss
County of Ada )
On this ?~='' day of oeccmBt~ , 2004, before me TR~nES Qlt'OS~e ,
personally appeared KR~sTfni 4 ?~u~ Fae~om~n/ ,proved to me on the
Basis of satisfactory evidence to be the persons whose names is subscribed to the
.•»° _
e~o.~~~yvj#~i~L^~'rw~~,trument, and acknowledged that they executed the same.
,,'~~+s.••~N~~~~~• VO 'ICI
7{- •
• ~ ~ ,
i tzoTARp
:*:
~ pV~iLZG,.~ ~.` NOTA PUBLI FOR IDAHO
'•.,~F 0 F I~ P,.•'
My Commission Expires on ll- g-v,~
Date approved by Council:
SANITARY SEWER EASEMENT, Page 2 of 2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL #85147490270
OWNED By Kristen S. Freedman and Paige E. Freedman
This permanent sewer line easement is situated within Lot 5 Block 2 of Larkwood
Subdivision in the SE '/4 of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada
County, State of Idaho according to the plat filed in Book 58 of Plats at Pages 5494 and
5495. Being 20 feet in width, with sidelines of said easement shortened or lengthened to
fit the grantor's parcel lines:
The easement being North 20 feet from the Southerly line of Lot 5 Block 2 of Larkwood
Subdivision.
The easement described contains 0.102 acres more or less
See: Exhibit "A-2"
Exhibit A-1
Date 9/01/04
~
KRISTEN S. FREEDMAN AND PAIGE E. FREEDMAN
j PARCEL #85147490270 ~"
430.000
~ --------~9.24'.447~L
---
----~
330.000 100.000
I
I o
I ~ 5
~\ 6 N
oh
° oh
o
o
o,o
~S~
~
¢,~9p bI° ~ ~~
,
\ 2~
ZI ~ ZI
~
p
,
\ ~'
o I I
~
_~
\ _ __ 21 ~~~__ __ ~ oo-oooJ
~~ ~ S90'00~00"E o 313.32'
w ~
~\ ~
,
\
w
o..
0
N
LARKWOOD SUBDIVISION
A PORTION OF THE SE 1/4,
SECTION 30 T.4N., R.lE., B.M.
REV, N^, DESC. BYE CK'D~
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BY. _ JH DATE; SEPT. 17 2004 PR^JECT:
cK'D BY. __oK SCALE; N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
APPR^VED~
LEGAL; A PORTION OF SEC. 30,
T
N
R
E
B
M
ADA COUNTY DWG. Nos RW,
---
.,
.~
.4
.,
.
.,
,
CITY ENGINEER DATE IDAHO. SHEET 1 OF ~
EXHIBIT A-2
LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT
PARCEL # 85147490280
OWNED By Kristen S. Freedman and Paige E. Freedman
This permanent sewer line easement is situated within Lot 6 Block 2 of Larkwood
Subdivision in the SE'/4 of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada
County, State of Idaho according to the plat filed in Book 58 of Plats at Pages 5494 and
5495.
Commencing at the SW corner of Lot 5 Block 2 of Larkwood Subdivision; thence along
the southerly line of said lot S90°00'00"E a distance of 213.32' to the POINT OF
BEGINNING.
Thence, N00°00'00"E a distance of 20.00 feet to a point;
Thence, S90°00'00"E a distance of 50.02 feet to a point;
Thence, N66°48'05"E a distance of 54.38 feet to a point;
Thence, S00°00'00"W a distance of 41.42 feet to a point;
Thence, N90°00'00"W a distance of 100.00 feet to the POINT OF BEGINNING said
point being the END POINT of this easement description.
The easement described contains 0.059 acres more or less
See: Exhibit "A-2"
Exhibit A-1
Date 9/01/04
j KRISTEN S. FREEDMAN AND PAIGE E. FREEDMAN ~"
j PARCEL #85147490280
___ __ __
N90'00'00°W
430.000
_
__ _
i 330.000 -r100.000~
~ ~
'
' I N
~
~
~ ~\ #,~ 5
s, I o i
I ~ ;
WI 6 " WI
o o ~ ol$
Aj4
~
902jo
,
~
~ o~S ~ ol~
ZI ZI
,
~ g
°o ~ I ~~
I ' ;f-
--- - 213.320-_- -
\ ~ S90'00'00"E ~ ib~bbb~ -
3
320
~~
~
~" .
-~
~
,\ ~ ~ ~`
~
W
a \
o
N
~
N6~ A~ o _
LARKWOOD SUBDIVISION S90'00'00"E
o _ 50.02 o
0' ~-
A PORTION OF THE SE 1~4, o `~ N90'00'00"W
Z --- ~oo.oo'
---
SECTION 30 T.4N., R.lE., B.M.
REV, N^, DESC, BYE CK'D=
CITY OF MERIDIAN PUBLIC WORKS
DRAWN BYE _ ,lli DATES SEPT. 17 2004 PR^JECT~
cK'D BY. __oK SCALE; N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK
ED
APPR^V
;
LEGAL: A PORTION OF SEC. 30,
O
TY DWG, No; RW,
-- - - ---
T.4N., R. ~ E., B.M., ADA C
UN
,
CITY ENGINEER DATE IDAHO. SHEET 1 OF ~
EXHIBIT A-2
Meridian City Council
January 4, 2005
Page 2 of 43
done previously. We give you thanks for these blessings and pray that thy will be done
and we say this in the name of Jesus Christ, amen.
Item 4: Adoption of the Agenda:
Bird: Thank you. Okay. Item No. 4 is the adoption of the agenda. Council, what's your
pleasure?
Wardle: Mr. President?
Bird: Mr. Wardle.
Wardle: With the addition of Item No. 6, department report by the city attorney, I move
that we approve the adoption of the agenda.
Donnell: Second.
Bird: Okay. It's been moved and seconded to adopt the agenda with the revision. All in
favor say aye. Opposed? All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of November 16, 2004 City Council and ACHD
Commission Joint Meeting/Workshop:
B. Approve Minutes of December 14, 2004 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: CUP
04-041 Request for a Conditional Use Permit for an
espresso/internet cafe in the C-N zone for Joltz Internet Cafe by
Joltz Internet Cafe, LLC -SEC of West Franklin Road and Linder
Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-046 Request for a Conditional Use Permit for adrive-thru
window in a C-C zone for Jack in the Box by RHL Design Group -
NWC of E. Goldstone Drive and North Eagle Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
04-045 Request for a Conditional Use Permit for a beauty salon in
the O-T zone for Rodney Shaul by Rodney Shaul - 116 East Pine
Avenue:
Meridian City Council
January 4, 2005
Page 3 of 43
F. Findings of Fact and Conclusions of Law for Approval: RZ 04-
014 Request for a Rezone of 2.4 acres from R-4 to R-15 zones for
Cedar Springs Place Subdivision by Plantation Place, LLP -
southwest corner of North Meridian Road and West Ashby Drive:
G. Findings of Fact and Conclusions of Law for Approval: PP 04-
039 Request for Preliminary Plat approval for 2 residential building
lots on 2.4 acres in a proposed R-15 zone for Cedar Springs
Place Subdivision by Plantation Place, LLP -southwest corner of
North Meridian Road and West Ashby Drive:
H. Findings of Fact and Conclusions of Law for Approval: CUP
04-048 Request fora Conditional Use Permit fora Planned
Development for a new 27-unit assisted living facility and 13-unit
independent living facility in a proposed R-15 zone for Cedar
Wirings Place Subdivision by Plantation Place, LLP -southwest
corner of North Meridian Road and West Ashby Drive:
I. Findings of Fact and Conclusions of Law for Approval: PP 04-
034 Request for Preliminary Plat approval for 83 single-family
residential building lots and 5 common lots on 25.86 acres in an
R-4 zone for Milliron Subdivision by Dyver Development, LLC -
northeast corner of North Black Cat Road and West Cherry Lane:
J. Findings of Fact and Conclusions of Law for Approval: AZ 04-
028 Request for Annexation and Zoning of 43.83 acres from RUT
to R-4 & L-O zones for Strada Bellissima Subdivision by
Pinnacle Engineers, Inc. -NWC of Victory Road and State
Highway 69:
K. Findings of Fact and Conclusions of Law for Approval: PP 04-
038 Request for Preliminary Plat approval for 90 single-family
residential building lots, 14 commercial office lots and 12 common
lots of 42.46 acres in a proposed R-4 & L-O zones for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. -NWC of
Victory Road and State Highway 69:
L. Findings of Fact and Conclusions of Law for Approval: CUP
04-047 Request fora Conditional Use Permit fora Planned
Development consisting of a single family residential and office
uses with a request for reduction to the minimum requirements for
street frontage from 80-feet to 79-feet for the residential portion for
Strada Bellissima Subdivision by Pinnacle Engineers, Inc. -
NWC of Victory Road and State Highway 69:
Meridian City Council
January 4, 2005
Page 4 of 43
M. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Project by Kristen and Paige
Freedman:
N. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Project by Tonya Smith:
O. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Proiiect by Conrad and Barbara Wright:
P. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Project by Marty Goldsmith:
Q. Approve Beer and Liquor License for the Ram Restaurant,
International:
R. ACHD Joint Agreement -Locust Grove South:
S. Sanitary Sewer and Water Main Easement for Bobby's
Transmission:
T. Approval of Additional Payment for Special Workshop for the
Mayor's City Hall Steering Committee- with The Hudson
Company:
U. Approve Bills:
Bird: Item No. 5 is the Consent Agenda.
Donnell: Mr. President, I move that we accept the Consent Agenda.
Wardle: Second.
Bird: Okay. And for the Mayor to sign and the Clerk to attest on all proper papers?
True? Okay. Mr. Clerk, will have roll call vote, please.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
Bird: Okay. Item No. 6, with an addition, it's -- the city attorney has an item to put
before us. He handed out a deal. I think Mr. Nary is there at the mike now, so if you
want to -- Mr. Nary, the floor is yours.