Loading...
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. /' ~/~ / 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, . v t'~' ~,pTA~y O ARY PUB IC ~ ~'• Residing at: e I 1 ~~ ~~ ~, ~ PU6L~G ~ Commission Expires: 5~3/l0 Sanitary Sewer and Wafts ~ EASMT.SW 081105.doc•.,, ~F pli: ~0_~~ STATE OF IDAHO ) ss County of Ada } GRANTEE: CITY OF MERIDIAN Tammy de Weerd, ~t~---- Attest by William G ~~~ ~ '~-, ,, ~ ,, 0 ~ $~AL City C~,r ,~ P.~',,, ~ •. ~ ~~.,. l . _...~` . Approved By City Council On: STATE OF IDAHO, ) . ss. 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 ~" ; ~ ~~ * ~ ~~~ ~ 4~ ~c pU$1'lG .• o , ``• . l~ OF 1~..••• Sanitary Sewer and Water Main Easement EASMT.SW_081105.doc ?' PUB,yL~IC FOR IDAHO ion Expires: 0 ~~ 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 f,~_ PREPARED BY: Engineering Northwest, LLC i ~ E.. z Ltl ~~/'f LQ O /19 i G~ O ~ ~ d ~`ss~r -_ 'ate s __~__ __.~_ - ,o- _ _- ~~ __ _~ _ ~ ~ o ,~ ~ i ~~ ,,... ~, r~ ,. _~~•~ ~., ~ ~ O 00 \ z m - 0 ~ ~=s'Oa s, ~s ~ = ~ o ~ ~~ Vf .., D m N ~"' z 0 o~ Q a ~~ N N ~ N ~ ~ N N N N ~ \ ~-a~, ~ J 1•• \ ~. ~~ / ,99'LS9Z M„SL,SS.OOS - - " N q6 n S O O N ~ ~ ~ ~ N a ~ ~ i PaBe~.sLo#~- ~ \ y" C ~~0~`p~~ M/ ~ ~'" 3 ~ O 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