Sanitary Sewer and Water Main Easement with David Turnbull for Paramount Subdivision No. 6ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 09!23(05 01:37 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIII'IIIII II II
Meridian City 1-~513~57~
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20 between ,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 and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains 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.
Sanitary Sewer and Water Main Easement
EASMT.SW 081105.doc
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
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.
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On this Z 3 day of -~ti 20 d~ before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ ~ ~• TV ~ n IouJt~and
~1~~~"-~ a• ~F~•a~, 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 my hand and affixed my official seal the day
and year fist abov~~.w~b~tj,
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EASMT.SW 081105.doc•.,, ~F pli: ~0_~~
STATE OF IDAHO )
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County of Ada }
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
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Attest by William G
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this ~ ~ day of SP~ e rw 6er , 2005, before me, the undersigned, a Notary Public
in and for said State, person y ppeared Tammy de Weerd and William G. Berg, Jr., known to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed 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) p;'~~~ oTARY ~" ;
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Sanitary Sewer and Water Main Easement
EASMT.SW_081105.doc
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Engineering North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-SSS6
Project No. OS-018-01 ~X ~{ ~ ~ ~ T ~ Date: August 10, 2005
PARAMOUNT SUBDIVISION N0.8
UTILITY EASEMENT DESCRIPTION
An easement over a parcel of land located in the SW 1/4 of the NE 1/4 of Section 2S,
T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 2S and 26 of said
T. 4 N., R. 1 W.;
Thence South 00°SS' 15" West, 2657.66 feet on the section line common to said Sections 2S
and 26 to the 1/4 section corner common to said Sections 2S and 26;
Thence leaving said section line, South 89°27'08" East, 2687.27 feet on the east-west
mid-section line of said Section 2S to the Center 1/4 section corner of said Section 2S;
Thence leaving said mid-section line, North S6°10'02" East, 784.81 feet to the REAL
POINT OF BEGINNING;
Thence North 44°11'01" West, 385.00 feet to a point on the easterly boundary line of
Paramount Subdivision No. S, as same is shown on the Plat thereof recorded in Book 92 of Plats at
Page 10969 of Ada County Records;
No. S;
Thence North 4S°48'S9" East, 52.00 feet on the easterly boundary line of said Subdivision
Thence leaving said easterly boundary line, South 44°11'01" East, 385.00 feet;
Thence South 4S°48'S9" West, 52.00 feet to the real point of beginning.
James R. Washburn, PLS
Paramount 8 Utility Ease. Desc.doc Page 1 of 1
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Meridian City Council
September 6, 2005
Page 2 of 39
pray for your help and your watch care and your mercy and kindness upon those
people, Lord. And thank you that they can turn to you and that you can be a very
present help to them in their time of trouble. And, Father, for the many who will be
taking their lives in their hands and being in dangerous situations and many rescue
operations and attempts and clean-up things and, Father, sometimes people get crazy
and do things like shoot at others. I just pray that you would watch over, provide safety
and protection. Now, Father, we just thank you for the great state and city in which we
live. Thanks for the stability of our region. We are blessed here, Father. We give you
thanks for that. And now as we undertake business tonight, that it would go well. Help
us to be gracious one with another and give wisdom and discernment and decisions
that need to be made and we will be careful to give you the thanks and the praise, in
Jesus' name we pray, amen.
Item 4: Adoption of the Agenda:
Wardle: Thank you, pastor, for the timely message for our community and our nation.
Item No. 4 is adoption of the agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Before I make the motion to approve this, could I get a resolution number and an
ordinance number to start with?
Wardle: Resolution number 05-488 and ordinance number 05-1177.
Bird: Okay. With that, Mr. President, I would move that we -- on the agenda we will be
passing on resolution 05-488 on the Consent Agenda. We would like to add -- well, I
guess, we will be deleting on the Department Reports Items A and B. We would like to
add an Item D. The attorney would like to discuss an item. And we will be -- in the
regular agenda we will be passing ordinance -- or voting on ordinances 05-1177, 1178,
1179, and 1180. And with that I move that we approve the agenda as revised.
Donnell: Second.
Wardle: It's been moved and seconded to approve the agenda as amended. All in
favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Regular Meeting:
Meridian City Council
September 6, 2005
Page 3 of 39
B. Approve Minutes of August 16, 2005 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: VAR
05-015 Request for a Variance to allow a reduced front setback and
approve the removal of the deed restriction placed on this lot for
Bedford Place Subdivision by Brighton Corporation - 596 East
Edgar Street:
D. Findings of Fact and Conclusions of Law for Approval: VAR
05-016 Request for a Variance for the reduction of parking spaces
required and modification of parking lot landscaping requirements
for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Denial: AZ 05-
020 Request for Annexation and Zoning of 2.3 acres to L-O zone
for Ashton Park by David Price -SWC of North Meridian Road
and West Ustick Road:
F. Development Agreement: AZ 05-007 Request for Annexation
and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham
Park Subdivision by Gemstar Development, LLC -north of Amity
Road and east of South Locust Grove Road:
G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+
acres from a C-2 zone to a proposed C-G zone for Meridian Gateway
by White-Leasure Development Company -SWC of South Meridian
Road and West Overland Road:
H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation
Proiect ICDBG 04-111-01-SR:
I. Water Main Easement Agreement for AD Development by
Franklin / Stratford invest.:
J. Water Main Easement Agreement for Fairview Lakes by
Douglas Tamura:
K. Water Main Easement Agreement for Fairview Lakes by
Douglas Tamura:
L. Contract for the Wastewater Treatment Plant Expansion
Proiect Task Order No. 3 with Carollo Engineers:
M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB
Engineers:
Meridian City Council
September 6, 2005
Page 4 of 39
N. Sanitary Sewer and Water Main Easement Agreement for
Paramount Subdivision No. 8 by David Turnbull:
O. Sanitary Sewer and Water Main Easement Agreement for
Wyndstone Place by Quasar Development:
P. Change Order No. 1 (Final) for Victory and Meridian Road
Water with Paul Construction:
Q. Resolution No. 05-488 Annual CPI Rate Adjustment
for Solid Waste Collection Services:
R. School Resource Officer Agreement between the Meridian
Police Department and Meridian School District:
S. Approve Bills:
Wardle: Item 5 is the Consent Agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: We have been requested by the developer to table Item C on the Consent
Agenda to 9/20/05 and with that I would move that we approve the rest of the agenda,
including Resolution No. 05-488 and for the President to sign and the Clerk to attest on
all proper papers.
Donnell: Second.
Wardle: It's been moved and seconded to approve the Consent Agenda with the tabling
of Item C, tabling to 9/20/05. Mr. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning Department -Steve Siddoway
1. Follow-up Discussion of Letter from Floyd Robinson:
Request to Table to September 13, 2005
B. Parks and Recreation Department -Elroy Huff