Sanitary Sewer and Water Main Easement with Capital Development, Inc. for Settlement Bridge No. 6ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00
BOISE IDAHO 08124106 01:51 PM
DEPUTY Patti Thompson III I I IIII III I I II IIIIII IIII IlI I'll I III
RECORDED-REQUEST OF 10~1?7~4`
City of Meridian
SANITARY SEWER AND WATER MAIN EASEMENT
I 1 ~~, ~ m e nfi~
THIS INDENTURE, made this~J day of ~ , 20~between~i -t ~ ,
arties of the first art and hereinafter called~~antors, and the City of Meridian, Ada County,
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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 theright-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 andright-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
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EASMT.S&W
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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.
STATE OF IDAHO
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County of Ada )
On this ~g~` day of (., , 20~, before me, the undersigned, a Notary
Public in and for said State, persol lly appeared and
tNl are ~ ,known or identified to me to a the President and
Secretar , respec vely, 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 yeaz fist above written. _,~~~~~a~a
Sanitary Sewer and Water Main Easement
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NOTARY PUBLI OR IDAHO
Residing at: T;r~ ~ s ~ , = b
Commission Expires:
MY COMMISSION EXPIRES EASMT.S&W
June 8, 2012
BONDBD THRU NOTARY PUBLIC e1NDE1RwR~'r'F+vS
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GRANTEE: CITY OF MERIDIAN je,,„~, ~ ~ ~ ~ ~ ~ ~,,,; .
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Tammy de We d ayor _ -
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Attest by William G. Berg, Ci Cle ~~~''%~ ~y , '~ ~`''`\~
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this~~ day of I~c:~L-r r' -~ , 20'C~ 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.
(SEAL) NOTARY PUBLIC FOR IDAHO
,~•1'~~2{3,,~ •.~ Residing at: J r Zti"~~~ ti~'~~
~~TA~~ ~ Commission Expires: `t _-/S //
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Sanitary Sewer and Water Main Easement EASMT.SBcW
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Engineering North West, LLc
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556
Proj ect No. 06-012-00 Date: July 12, 2006
Ext~~ai-r ~
SETTLEMENT BRIDGE SUBDIVISION N0.6
UTILITY EASEMENT DESCRIPTION
An easement located in the NE 1/4 of the NW 1/4 of Section 32, T. 4 N., R. 1 E., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 29, 30, 31 and 32 of said
T. 4 N., R. 1 E.;
Thence South 89°12'09" East, 2653.10 feet on the section line common to said Sections
29 and 32 to the 1/4 Section Corner common to said Sections 29 and 32;
Thence leaving said section line, South 00°33'24" West, 366.82 feet on the north-south
mid-section line of said Section 32 to the southeast corner of Settlement Bridge Subdivision
No. 5;
Thence South 19°46'33" West, 349.35 feet to a point on a curve, said point also being the
REAL POINT OF BEGINNING;
Thence 32.18 feet on the arc of a curve to the left, said curve having a radius of 50.00
feet, a central angle of 36°52'12" and a chord distance of 31.62 feet which bears
North 54°44'53" West;
Thence North 00°33'24" East, 149.00 feet;
Thence South 89°26'36" East, 26.00 feet;
Thence South 00°33'24" West, 167.00 feet to the real point of beginning.
PREPARED BY:
James IL Washburn, PLS
Settlement Bridge No. 6 Utility Easement nesc.doc paAe~~ 1 j ~, f
Engineering Northwest, LLC
SETTLEMENT BRIDGE SUBDIViS10N NO. 6
UTILITY EASEMENT
EXHIBIT B
S.30 ~ S.29
S.31 i S.32
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.tr \tCiTNO1MY d11M MM9\flrnrY.M\~d.I1.M\tlIRYMYII fYfY (ItlllTV E~SFYFYT_Arn 7AfIMm6 'b Sa 40 P11 Y3T
Meridian City Council
August 8, 2006
Page 3 of 40
F. Findings of Fact and Conclusions of Law for Approval: PP 06-
022 Request for Preliminary Plat approval of 32 building lots and 3
common lots on 9.98 acres in a proposed R-4 zone for Prato Villas
Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202
W. Daphine Street:
G. Approve New Beer and Wine License Applications for Sizzler
No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road:
H. Approve Beer and Wine License Transfer from Albertsons,
Inc., to New Albertsons, Inc. for Albertson's #164 located at
20 E. Fairview Avenue:
Approve Beer and Wine License Transfer from Albertsons.
Inc., to New Albertsons, Inc. for Albertson's #180 located at
3301 W. Cherry Lane:
Sanitary Sewer and Water Main Easement Agreement for
Settlement Bridge No. 6 by Capital Development, Inc.:
K. Chan~c a Order No. 2 for the Black Cat Lift Station with JC
Constructors, Inc.:
L. Water Main Easement Agreement for Lot 3, Block 5, of Bonito
Subdivision with EI Dorado Hotel Partners, LLC:
M. Water Main Easement for the Eagle Road - 184 to Franklin
(Water Main Relocate) Proiect with St. Luke's Meridian Medical
Center:
N. Wastewater Treatment Facility Process Enhancement Study
for Miscellaneous Wastewater Projects with HDR Engineering,
Inc..
O. Permanent and Temporary Easement Contract for Naomi
Farms, LP for North Black Cat Project:
P. Contract for Geotechnical Services for Well 27A and 27B with
Hydrologic:
Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the
Centrate Equalization Tank Construction Management
Services with Carollo Engineers:
R. Senior Center Rehabilitation Phase II Accessibility ICDBG-06-
III-05-SR
Meridian City Council
August 8, 2006
Page 4 of 40
S. Development Agreement: AZ 06-007 Request for Annexation
and Zoning of 59.88 acres from RUT to R-8 zones for Solitude
Subdivision by Providence Development Group, LLC -south of
East McMillan Road and east of North Meridian Road:
T. Development Agreement: RZ 06-001 Request for a Rezone of
5.40 acres from R-8 to L-O (Limited Office) zones for Sundance
Subdivision No. 5 by Dave Evans Construction -northeast corner
of Ustick Road and Meridian Road:
U. Resolution No. 06-525 CPA 05-001 Request to Amend
the Future Land Use Map of the Comprehensive Plan for
Approximately 50 acres from Medium and Low Density Residential to
Mixed Use-Regional, by the South Eagle Road and Victory Road
Property Owner's Alliance -Land at or near the northeast and
southeast corners of South Eagle Road and Victory Road:
V. Lease Agreement with Xerox new Copy Machine in City Clerk's
Office:
W. Agreement for Professional Services for Wireless Network
Infrastructure Maintenance, Operation Support, and Repair
with Zial Network:
De Weerd: Item No. 5 is Consent.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and that would include
Resolution 06-525, CPA 05-001, and for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any
discussion? Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Police Department -Chief Bill Musser