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Sanitary Sewer Easement with Goldsmith, Marty for North Slough Sewer TrunkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 02102105 11;57 AM DEPUTY Neava Haney III I I II II II I I I) I' II I II II I II I I II I II'II RECORDED-REQUEST OF Meridian City i 0501 X932 This sheet has been added to document to accommodate recording information SANITARY SEWER EASMENT N SLOUGH SEWER TRUNK LINE MARTY GOLDSMITH SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~~ day of December, 2004, by the undersigned Nt°~y ~o~~~„ ~l, ,who maintains a mailing address of by y7 N deso/,~ 1'/. s~`~ X02, dsr•s•c , ID ~~, hereafter referred to as "GRANTOR" forthe 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 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. 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. Gra STATE OF IDAHO) ss County of Ada ) On this t3~ day of Qcccw~b~cr , 2004, before me T`a~~ Zryin , personally appeared ,proved to me on the basis of satisfactory evidence to a the persons whose names is subscribed to the within inst~ACtIR`f acknowledged that they executed the same. ,4.~ ~°T'~'tr * «~ !'UBLtG ~~'rF o>P lo~~o NOTARY PUBLIC FOR IDAHO My Commission Expires on 5-,~~ (~ Benefi gy ~~,~.~ Tammy d;~ W erd, Mayor ATTEST: William Berg, Jr., City erk Date approved by Council: ~~y ~,,,",+0~ `~`~~ .. ~TFo ~~~L SANITARY SEWER EASEMENT, Page 2 of 2 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50530346800 11 ",, 1 OWNED By ~~}y C.~`Q~l'RIT~fI This permanent sewer line easement is situated within the SW %a and SE %a 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 of the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the SW corner of Section 30; thence along the Southerly line of the SW'/a of said Section 30, S89°44'22"E, a distance of 2410.76 more or less feet to the S '/a corner of said Section 30; thence along N89°44'22"W a distance of 658.17 feet to a point; thence along the westerly line of parcel #50530346800 N00°36'21 "E a distance of 1975.03 more or less to the POINT OF BEGINNING Thence S89°32'28"E a distance of 122.13 feet to a point; Thence S$9°S 1'04"E a distance of 270.01 feet to a point ; Thence S89°28'42"E a distance of 202.70 feet to a point; Thence SO1°21'52"E a distance of 268.77 feet to a point; Thence S02°57'51 "W a distance of 338.82 feet to a point; Thence S00° 16' 11 "W a distance of 98.39 feet to a point; Thence SOS°00'40"E a distance of 173.91 feet to a point; Thence S89°44'39"E a distance of 259.56 feet to a point ; Thence S89°15'45"E a distance of 288.20 feet to a point; Thence S89°44'41 "E a distance of 135.15 feet to a point; Thence S89°33'00"E a distance of 15.02 feet more or less to a point on the easterly line of said parcel #S0530346800, also being END POINT of this easement description. The easement described contains 1.50 acres more or less Basis of Bearing S89°44'22"E from the SW corner of Section 30 to the South'/4 corner of Section 30. See: Exhibit "A-2" Exhibit A-1 Date 8/31/04 -•-•-- i - ---•----------••---- SECDON LINE •---•-~ c 1/4 car. •-•-•----..--..• I I SECTION 30 T.4N., I R.lE., B.M. SW 1/4 SE 1/4 I ses~sr2e~----~eg~?'~~ :1--- segse',3~.- I -~ P O B 122.13`- --D0711'-•f- - 2027D -~ I i 8 ~ . . . ~ t i L PkANANEM FiIfiLEM yl ~,~ _ I I~ NI I~ I ,q,l I I i I Z I I I ~ I I ~ F I 1 v I I y 1 1 I 1 ~I l . ~ ~I Ir4 '~I 1~ of I" I I 1 I 1 II I 1 I 1 I I I r~ • I Im I ~ I ~ ~~ W .~o ' SO ~t 1_ ~~ ~ ' ' ' ' ~~ ~ ~5 E --- 5~'4~ 47 1 L__;~,4:13~_ --_-- SB575 E_ ~' 259.56 --y~0• ----- 135.15'-- 1 1 ~ COR. ~ 1 ' -----•---••- -- ! ~• ~ N89'44'22'W 2410.76' BA51S OF BEARING • -•-- s 1/4 axr. SECTION LINE •--- REV. N^, DESC. BYI CK'Dt CITY OF MERIDIAN PUBLIC WORKS DRAWN BYI _ Rc DATE: SEPT. 17 2004 PR^JECTI cK'D BYt __ oK SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPR^VEDI LEGALI A PORTION OF SEC. ~, C TY U DWG. No: RW,__._._,___ , T.4N., R.? E., B.M., ADA O N CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~ EXHIBIT A-2 -...- i -- ----------••-------- SECTION UNE ------~ c 1/4 car. _-•-•----..-... SECTION 30 T.4N., ~ R. lE., B.M. SW 1/4 ~ SE 1/4 ~'> ~ i ~~ P.O.B. ;zz,-a~ ~--~7aor ~~ zoz-~a-- j i I . ~I.'~ r1.~1 ~~ NI 1~ I i ~ N $1 1 i1 1 1 1 + I I I 1 O + 1 I H 1 + I i n~ I ;~{ ~ f ~ i i I I + + i ei ~ ~ X11 ~ 1 h 1°„t ~ 1 1~ ~- - - s6g33'o9~ ~--------- ~ 1 15.02' 0.C~' 1 ~"--~- ~ _---- 989'15'JS'E __ 5~'N'41'E _ Qw _-_ 259.56x- _-_-_ 288.20' -___-- 135-15~_ SW WR. - -- ...-.-.--..--. _65&17-----°------- ~...---•- -•--•-•-••- N89'4422'W 2410.76 BASIS OF BEARING s ~/a car. SECTION UNE REV. N^. DESC. BY+ CK'D+ CITY OF MERIDIAN PUBLIC WORKS DRAWN BY+ _ Rc DATE+ SEPT. », 2004 PR^JECT+ cK'D BYo _ _oK SCALE: N.T.s. NORTH SLOUGH SANITARY SEWER TRUNK APPROVED: LEGAL] A PORTION OF SEC. 30, DWG No+ RW T 4 N R ~ E B M ADA COUNTY . . --- . ., . ., . ., , CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~ EXHIBIT B-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 Springs 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 Temporarv Easement Contract for the North Slough Sanitarv Sewer Project by Kristen and Paige Freedman: N. Permanent and Temporarv Easement Contract for the North Slough Sanitarv Sewer Proiect by Tonya Smith: O. Permanent and Temporarv Easement Contract for the North Slough Sanitarv Sewer Proiect by Conrad and Barbara Wright: P. Permanent and Temporarv Easement Contract for the North Slough Sanitarv Sewer Proiect by Marty Goldsmith: Q. Approve Beer and Liquor License for the Ram Restaurant. International: R. ACHD Joint Agreement -Locust Grove South: S. Sanitarv Sewer and Water Main Easement for Bobby's Transmission• T. Approval of Addiitional Payment for Special Workshop for the Mayor's Citv 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.