Sanitary Sewer Easement with Washington Trust Bank, Meridian Idaho Land Company, L.L.C., EP Crossings, L.L.C for Regan SubdivisionAD COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1
BOIEIDAH00111910504:17PM RECEIVED
DE UTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
REgORDED-REQUEST OF 1~5~07251 r;
Meridian City DEC 2 ~ [~~':
SANITARY SEWER EASEMENT ~l~NANAGEMENT~~
THIS INDENTURE, made this 29 day of November, 2004 between ABC2, L.L.C.;
Washington Trust Bank; Meridian Idaho Land Company, L.L.C.; EP Crossings, L.L.C.;
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 the Grantee, in making future repairs, will expediently replace and
restore the premises to a condition comparable to that existent prior to
undertaking such repairs and replacement. However, the Grantee will not be
responsible for repairing, replacing, or restoring any permanent structures, large
trees or brush placed within the area described in this easement.
THE GRANTORS 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
1'age~~
for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
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.
Washington Trust Bank
~~~~~ ~~-
Keith Erhart
Assistant VP/Manager
Meridian Idaho Land Company, L.L.C.
Ca vin C. Chandler
Manager
STATE OF IDAHO )
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County of Ada )
EP Crossings, LLC
Michael N. Fe
Manager
ABC2, LLC
7
Michael N,,F ry
Manager
On this ~~- day of DeC~/~>~r , 20~~ ,before me, the undersigned,
a Notary Public in and for said State, personally appeared M ~~A~L n/ GER y
and ,known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed my official
seal the day and year first above written.
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~ SENT BY: ROCKY MOUNTAIN MANAGEMENT;
208 345 7210;
STATE oF~/~~Ft~1~1~~
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County of ~` ~'t~-~ ~.~
DEC-14-04 11:41;
PAGE 2/2
On ibis l(~~' day of ~t , 2QO' ~ ,before me, the undersigned,.
a Notary Public in and for said State, personally aPP'~~ ~~ r~° ^ ~ ° ~ ~k ~IL/
and known or identified to me to be the I~t+esadea~d~ ~~,/-
S respectively, of the corporation that executed the within insttwment, `~'~` 1" -
and acknowledged. to me that such ~,orpoxation executed the same.
IN WITNESS WHEREOF, I have hereunto set xny hand and a~fi"ixed my official
seal. the day and year first above written.
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On this ~ l s f day of ~ , 20 01, before me, the undersigned, ~ ~
a Notary Public in and for said State, personally appeared kE/ TN ~ ~~ /4_ ~e T ~~- ~ P ~ °''''`
and ,known or identified to me to be the )~~esident-
µR~+~ ,respectively, of the corporation that executed the within instrument,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written. ~'L ~J
NOTARY PUBLIC FOR I6
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CITY OF MERIDIAN
Tammy~de Weerd,
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'~illiam G. Berg, Jr., City (z'Ierk ~
STATE OF IDAHO, )
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County of Ada, )
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On this ~+_day of ~y~,,,,_~,,-;~ ,20 ,before me, the undersigned, a
Notary Public in and for the State of Idaho, 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.
SEAL N•..o...,.,,.
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EXHIBIT A -SANITARY SEWER EASEMENT - REAGAN SUBDIVISION
A 20 foot wide sanitary sewer easement located in the Southwest 1/4 of the Northwest
1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.
Said easement is more particularly described as follows:
Commencing at the southeast corner of Presidential Subdivision, recorded in Book 84 of
Plats at pages 9401-9402, Records of Ada County, Idaho thence, along the North Right-
Of-Way of East Pine Avenue North 89°20'42" West 270.21 feet to the POINT OF
BEGINNING thence,
Continuing along said north right-of way North 89°20'42" West 20.00 feet; thence,
departing from said north right-of--way
North O1°08'42" East 83.79 feet; thence,
North 09°40'29" West 99.84 feet; thence,
North 00°53' 14" West 307.90 feet; thence,
North 90°00'00" East 20.00 feet; thence,
South 00°53' 14"East 306.05 feet; thence,
South 09°40'29" East 100.20 feet; thence,
South O1°08'42" West 85.51 feet to the POINT OF BEGINNING.
Said easement contains approximately 9,832 square feet, more or less, and is subject to
all existing easements of record or use.
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SCALE: 1 "=50'
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` I I POINT OF BEGINNING 2_„ ~ :.~~ '
0.0I _ N89'20'42"W PSg0. 1~..:.1.... `
- - - - - - - -
N8s•2o'42"w E. PINE AVENUE 2~0.2~'
Meridian City Council
January 11, 2005
Page 3 of 37
Donnell: So moved.
Bird: Second agrees.
Canning: Thank you.
De Weerd: Okay. The motion is to approve the agenda as amended by several people.
If there is no further discussion, all those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of December 14, 2004 Pre-Council Meeting
Minutes:
B. Findings of Fact and Conclusions of Law for Approval: RZ 04-
012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all
C-G zone for Raymond Estates by Ronald Van Auker -NEC of
East Franklin Road and North Gaudians Avenue:
C. Latecomers Agreement for Ten Mile Water Line Extension by
Lochsa Falls, LLC:
D. Change Order No. 4 for Headworks Expansion Project -
Contractor's Northwest, Inc. for $3,500.00:
E. Idaho Power Relocation of Facilities to Accommodate Park
changes for Storey Park Phase II Construction:
F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc.
for $2,565,000.00:
G. Award of Bid for WWTP Supply of Backup Power System and
Procurement to Western States for $308,732.60:
H. Approve Beer and Wine Transfer for JB's Restaurant - 1565
South Meridian Road:
I. Design of Waterline Crossing of Meridian Road and Victory:
J. Well 25 Pumging Facilities Change Order #1 - Irminger
Construction for $4,881.52:
K. Historic Preservation Consultant Agreement:
Meridian City Council
January 11, 2005
Page 4 of 37
L. Sanitary Sewer Easement for Reagan Subdivision:
De Weerd: Item No. 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, it has been asked to remove Item F, to pull it from the
agenda, and with that I would move that we approve the revised Consent Agenda and
for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of
Item F. Okay. If there is no further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports
A. Planning and Zoning Department -Anna Canning
1. Request for Additional Services for Diane Kushlan
Services:
De Weerd: Thank you. Okay. Item 6, Department Reports. Anna.
Canning: Madam Mayor, Members of the Council, the first item I had on there was a
request for additional services for Diane Kushlan. Over the briefly two slow weeks that
we had at Christmastime that were just glorious, I did get an opportunity to read through
our draft zoning ordinance and we are getting near to the point where we are ready to
do a public draft, but I do need some additional services from Mrs. Kushlan to take us
through the public hearing process. Those funds are available in my budget and I'm just
requesting authorization to hire her again to help out. We are getting near to the end of
that. This completes the first phase and moves into the public hearing phase.
De Weerd: Okay. Council, any discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Have you got Diane already under contract?