Sanitary Sewer Easement with Fairview Lakes, LLC for Devon ParkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 09/02105 10:40 AM III IIII'll'lllll~l'I'IIIIIIIIIII II'll
DEPUTY Bonnie Oberbillip
RECORDED-REQUEST OF 105127516
Meridian City
SANITARY SEWER EASEMENT
THIS INDENTURE, made this~~ day of U~, 20d~between ~j4t,~,y~li,, ~((~SCGC ,the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire 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 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 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
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
Sewer Main Easement EASMT.SWR.doc
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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.
G
f
Fairvi~e~G Larks, Limited
Douglas T ura
Managing Member
STATE OF IDAHO
ss
County of Ada )
ility Company
On this ~_ day of .TINE , 20 ~~before me, the undersigned, a Notary
Public in and for said State, personally appeared ~t7OU6c.Ari' T M u ~ ,known
or identified to me to be the Managing Member of the Limited Liability Company that
executed the within instrument, and acknowledged to me that such Limited Liability
Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEAL)
GLENDA {iILDEBRANDT
Notary Public
State of Idaho
N ARY PUBLIC FOR IDAHO
Residing at• , lfE . _ZD
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Sewer Main Easement EASMT.SWR.doc
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CITY OF
Tammy
William G. Berg, Jr., City
Approved by Council on
STATE OF IDAHO, )
County of Ada, )
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On this ~r~day of ~ sf _,2005, before me, the undersigned, a
Notary Public in and for the State of Id o, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to the within instrument and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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EXHIBIT A
Legal Descriptions for Devon Park Subdivision No.1 Sewer Easement
A parcel of land situated in the Southwest Quarter of the Southeast Quarter of
Section 6, Township 3 North Range 1 East of the Boise Meridian, City of
Meridian, Ada County, Idaho, being more particularly described as follows
Commencing at a point marking the section corner common to section 5,6,7, and
8 in Township 3 North, Range 1 East of the Boise Meridian; thence along the
section line common to said section 6, and 7, North 89°28'06" West a distance of
2264.25; thence departing said section line North 00°00'00" West along the east
right-of-way of North Lakes Place, a distance of 211.77 feet to a point marking
the TRUE POINT OF BEGINNING; thence leaving said right-of--way, North
90°00'00"East, a distance of 520.20 feet; thence North 00°00'00" West a
distance of 20.00 feet; thence South 90°00'00" West a distance of 520.20 feet to
a point on said east right-of--way of North Lakes Place; thence along said east
right-of-way line South 00°00'00" East, 20.00 feet; to the point of Beginning.
Said parcel of land contains 10,404 sq. ft., more or less.
357 E. Watertower Ln.. Suite F, Meridian, ID 03642
P. 200.060.7345
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Meridian City Council
August 23, 2005
Page 2 of 62
Item 4: Adoption of the Agenda:
De Weerd: Thank you for joining us this evening. Item No. 4 is adoption of the agenda.
Mr. Bird.
Bird: Madam Mayor, on the agenda under the City Council, President's report, we have
resolution number, it's 05-487, and in the regular agenda, Item No. 19 is an ordinance
and its number is 05-1173. And with that I would move that we approve the agenda as
printed.
Rountree: Second.
De Weerd: Okay. The motion was to approve the agenda as stated. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Regular Meeting:
B. Sanitary Sewer Easement Agreement for Devon Park (Lots 1,
2, & 3):
D. Water Main Easement Agreement for Advance Health Care by
Copper Point Investors, LLC:
E. Water Line Easement Agreement for Bonito Subdivision No. 3:
F. Notice of Award and Agreement for Construction of mini-park
at Fire Station No. 4 between the City of Meridian and RSCI:
G. Award of Bid for Meridian Settler's Park Ustick Road
Improvements to Hillside Landscape Contractors:
H. Approve Beer License for Maverick Country Store - 1545 East
Overland Road:
I. Hold Harmless Agreement for Participation in Activities
And/Or Use of Facilities with Meridian Joint School District No.
2:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
Meridian City Council
August 23, 2005
Page 3 of 62
De Weerd: Mr. Bird.
Bird: We have had one request to move Item C on the Consent Agenda to 7-C on the
regular agenda and with that I would move that we approve the Consent Agenda,
excluding Item C, and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda with the removal of Item C to
7-C. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Planning Department -Brad Hawkins-Clark
1. Presentation of DEQ Brownfield Application:
De Weerd: Thank you. Item 6 is the planning department. Brad.
Hawkins-Clark: Thank you, Mayor, Members of the Council. The planning department
a couple years ago now worked with the EPA Region Ten office to get an application
that they call a Target Brownfield Assessment for the creamery and we were successful
in getting that grant and DEQ worked with us to help follow that up, as you well know.
Since that time we have had some conversations with our local DEQ office about
another program that they offer called an area wide assessment and Aaron Sheft is with
the Brownfield's division at DEQ here and the main goal of this tonight is if you could
just sort of -- what we are asking for is for your blessing, if you will, on our department to
proceed with filing an application that would go to EPA Region Ten office for this
program. And so rather than me trying to give you the highlights of it, I asked if Aaron
could come. So, if you're okay with that, he could give you a bit of an overview and,
then, we are just asking for your direction after that.
De Weerd: Okay. Thank you, Brad. Thank you for joining us this evening.
Sheft: Thank you, Madam Mayor, Council. Appreciate the opportunity to be here to talk
to you about Brownfields. Just to clarify for the audience and for those on the Council
who may not be familiar with the term, according to EPA this is the definition of a
Brownfield, so I'm just going to read it. Real property, the expansion, redevelopment, or
reuse of which may be complicated by the presence or the potential presence of
contamination. So potential. You don't even have to be contaminated to be considered
a Brownfield. Something else that's important to know about Brownfields, in general, is
that EPA splits up the contamination into two different types. Petroleum, meaning