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.
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NOTARY PUBLIC FOR IDAHO
My Commission Expires on 5-,~~ (~
Benefi
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Tammy d;~ W erd, Mayor
ATTEST:
William Berg, Jr., City erk
Date approved by Council: ~~y
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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
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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
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CITY ENGINEER DATE IDAHO. SHEET 1 ^F ~
EXHIBIT A-2
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DRAWN BY+ _ Rc DATE+ SEPT. », 2004 PR^JECT+
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APPROVED:
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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.