Sanitary Sewer Easement with Cherry Lane Christian Church for Cherry Lane Christian ChurchADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 12115/05 02:25 PM
DEPUTY Vicki Allen II I I' II'I II I I' I' II I I II I' I I' 11 111
RECORDED—REQUEST OF 145191335
Meridian CiW
This sheet has been added to the document to
accommodate recording information.
Sanitary Sewer Easement for Cherry Lane
Christian Church, 2511 W. Cherry Lane.
Approved by the Meridian City Council on December 6,
2005.
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 21 ST day of November, 2005, by the undersigned Cherry
Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian, ID
83680, hereafter referred to as "GRANTOR" for the 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 by the 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 EXHIBITS A-1, A-2, & A-3)
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.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
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.
GraTto-
Cherry Lane Ch istian Church
By: Larry, Outreach Minister
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STATE OF IDAHO)
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County of Ada )
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On this:?DO — day of NJ \�t Yu (-, 2005, before me M QMH e A `v)Q i, -,c �_,
personally appeared c� -c c ` IJVoo c\ c- -C c , proved to me on the
basis of satisfactory evidence t6 be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
AL\`tFritIRItIItIlU1/ry,
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NOTARY PUBLIC FOR IDAHO
t�"�'',� My Commission Expires on -3 a3—kc_)
Beneficiary: CITY OF MERIDIAN
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Tammy de Weerd Mayor = °
ATTEST: �- , $ " _
William Berg, Jr., City ler
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Date approved by Council:
SANITARY SEWER EASEMENT, Page 2 of 2 '''+►++„ WWW
STATE OF IDAHO, )
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County of Ada )
On this=day of n , 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared 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.
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NOTARY PUBLIC FOR IDAHO
RESIDING AT: Iti, (6,et 1,-/
MY COMMISSION EXPIRES: to -is t -I
SANITARY SEWER EASEMENT, Page 3 of 3
Project: 11873
Parcel No: 51210449010
Date: November 17, 2005
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the
Southeast 1/4 of said section, North 00°51'46" East, 301.75 feet; thence North 89°08'14" West, 25.00 feet to the
Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING;
thence North 45 ° 35'14" West, 105.58 feet;
thence North 88°27'10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision;
thence along said boundary, North 01 ° 33'00" East, 692.02 feet;
thence South 43'27'03" East, 28.28 feet;
thence South 01 ° 33'00" West, 642.02 feet;
thence South 88°27'10" East, 1,444.23 feet;
thence South 45'35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road;
thence along said right-of-way, South 00° 51'46" West, 41.39 feet to the POINT OF BEGINNING.
Containing 1.371 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8575
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RMH/TLK:Ihc
\\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\11873Church- Perm. doc
Project: 11873
Parcel No: 51210449010
Date: November 17, 2005
EXHIBIT A-2
PARCEL DESCRIPTION
TEMPORARY EASEMENT
That portion of the Southeast '/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the
Southeast '/a of said section, North 00° 51'46" East, 343.14 feet; thence North 89 ° 08'14" West, 25.00 feet to the
Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING;
thence North 45 ° 35'14" West, 88.84 feet;
thence North 88'27'10" West, 1,444.23 feet;
thence North 01 ° 33'00" East, 642.02 feet;
thence South 88"2T00" East, 50.00 feet;
thence South 01 '33'00" West, 592.02 feet;
thence South 88 ° 2710" East, 1,413.86 feet;
thence South 45"35'14' East, 60.93 feet to the Westerly prescriptive right-of-way of Ten Mile Road;
thence along said right-of-way, South 00° 51'46" West, 68.99 feet to the POINT OF BEGINNING.
Containing 2.434 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8575,5 -
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Meridian City Council
December 6, 2005
Page 2 of 32
energy and their potential. We ask, God, that you would bless us here tonight with your
presence, with your peace, with your love and your grace, in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Bud. I mean -- tomorrow you're Bud. Thank you for joining us.
Okay. Item No. 4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If I could get resolution numbers and ordinance numbers. Oh. Okay. What does
the resolution start with?
Berg: I'm sorry. Madam Mayor, 05-494 is resolution start. Ordinances start at 05-1203.
De Weerd: Okay. Thank you, Mr. Berg. Mr. Bird.
Bird: Can't read my writing now. I would move that we approve the agenda as
published, with one -- in the Department Reports, it is going to be a planning and Steve
Siddoway is going to update us on transportation projects -- dates for projects. Instead
of the Public Works, it would be Planning and Zoning. And with that I would move we
approved the revised agenda.
Rountree: Second.
De Weerd: Okay. Motion to approve the agenda as amended. All of those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of November 9, 2005 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: FPM
05-001 Request for a Final Plat Modification to remove Final Plat
condition to construct a six foot fence inside Nampa Meridian
Irrigation District easement for Southern Springs Subdivision No.
2 by Roger Michener and Lawrence Ross — southeast corner of
Meridian Road and Overland Road:
C. Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Meridian City Council
December 6, 2005
Page 3 of 32
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
public use in the O -T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank — 703 North Main
Street:
D. Development Agreement: AZ 05-023 Annexation and Zoning of
39.47 acres from RUT/C2 (Ada County) to C -N zone by Cherry
Lane Christian Church — 2511 W. Cherry Lane:
E. Sewer Easement for Cherry Lane Christian Church at 2511 W.
Cherry Lane:
F. Permanent and Temporary Easement Contract with Cherry
Lane Christian Church for Black Cat Sewer Project and Ten
Mile Diversion Trunk Sewer:
G. Approval of Liquor License Transfer from Epi's A Basque
Restaurant to Todd Mason dba Mason's at 601 S. Main Street:
H. Approve Wine License for Epi's A Basque Restaurant at 1115
N. Main Street:
I. Water Main Easement Agreement for Yanke Warehouse by
SJL, LLC:
J. Water Main Easement Agreement for Prospect Elementary
School by Joint School District No. 2:
K. Award of Bid for Installation of Wastewater Treatment Plant
Yard Fence to Meridian Fence Co.:
L. Wells 26 & 20B Control System Installation Contract by
Custom Electric:
M. Public Pathway Easement for the North Slough Pathway in
Saguaro Canyon Subdivision by Farwest L.L.C.:
N. Agreement for Professional Services for TN -C Design
Guidelines with McKibben and Cooper Architects:
O. Development Agreement: RZ 05-008 Request for a Rezone of
2.61 acres from R-4 to C -G zone for Walgreens by Hawkins
Companies — 3150 West Cherry Lane:
Meridian City Council
December 6, 2005
Page 4 of 32
P. Award of Bid for Janitorial Services to Western Building
Maintenance:
Q. Resolution No. 05-494 : To Declare Surplus Property
/ Computer Equipment Donate to Meridian Girls & Boys Club:
R. Sanitary Sewer Easement for Silver Oaks Subdivision by
Charter Builders Inc.:
De Weerd: Okay. Consent Agenda, Item 5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes Resolution 05-494, to
declare surplus property, computer equipment donations to Meridian Boys and Girls
Club 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. If there is no further
discussion, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Planning Department — Steve Siddoway
1. Update on the ACHD Projects.
De Weerd: Okay. Item 6. We will start with Steve from the planning department.
Siddoway: Thank you, Madam Mayor, Members of the Council. There are two
significant planning efforts going on with Ada County Highway District right now. The
first is the five year work program. As you remember, in October the Council approved
a prioritized list of transportation projects that was forwarded onto ACHD for their
consideration while preparing the five year work program. That five year work program
is moving towards its final draft. I thought it would benefit Council to have an update on
that five year work program planning process and see how those projects are flushing
out. I would just ask if you would like to have a pre -Council meeting set during the
month of December to invite the ACHD staff to present the five year work program in its
current draft. I do have a meeting tomorrow at ACHD to go over what they are calling