Sanitary Sewer Easement with Western Ada County Recreation District for Buckeye Place SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH011/02106 01:42 PM
RECORDED s REQUEST OF III ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~
Cily of Meridian 10~ 17~~~~
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of October, 2006 between the Western Ada Recreation
District, a body politic and corporate of the State of Idaho, the party of the first part, hereinafter
called the Grantor, and the City of Meridian, Ada County, Idaho, a municipal corporation, the party
of the second part, hereinafter called the Grantee;
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 Grantee;
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 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, its
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 EASEMENT Page l of 3
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THE GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its
signature the day and year first herein above written.
GRANTOR: WESTERN ADA RECREATION DISTRICT
Walt Morrow, Chairman
1
.~~~~ c ,
Attest b3/Gladys Ingrarrf, Secretary
Approved by its Board of Directors on:
STATE OF IDAHO )
ss.
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County of Ada )
On this ~ day of ~}G.~~'~~, 2006, before me, the undersigned, a Notary Public
in and for said State, personally appeared WALT MORROW and
GLADYS INGRAM, known or identified to me to be the Chairman and Secretary, respectively, of
the Western Ada Recreation District, and acknowledged to me that the Western Ada Recreation
District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
~,.....
and year fist ab4~~ ~'.
• ~ •
(SEAL) ~ ~ NOTARY PUBLIC FOR IDAHO ,
* ~ • Residing at: `~%f' ~ ~~~. ~~C%~
:_,~`•.•p~_ ~ Commission Expires: ~(LS~II
SANITARY SEWER EASEMENT Page 2 of 3
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GRANTEE: CITY OF MERIDIAN
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Tam de Wee ayor ~ ~~
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Attest by William G. B g, ity Clerk ~% '`
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Approved By City Council On:
IIP1~114,
STATE OF IDAHO, )
. ss.
County of Ada )
On this~day of ~~ (~~ V~"('1 , 2006, 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.
~~......~~ I,i
(SEAL) ~ ~ ~ ~ ~ NOTARY PUBLIC FOR IDAHO
~ ; Residing at: 1 r~ ~ ~i ~'~ %~~
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Commission Expires: %
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SANITARY SEWER EASEMENT Page 3 of 3
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EXHIBIT "A"
DESCRIPTION FOR
CITY OF MERIDIAN SANITARY SEWER EASEMENT
BUCKEYE PLACE SUBDIVLSION
GRANTOR: WESTERN ADA RECREATION DISTRICT
August 23, 2006
A CITY OF MERIDIAN SANITARY SEWER EASEMENT LYING IN THE
NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBID AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3
NORTH, RANGE 1 WEST, BOLSE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION
LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11
FEET TO A POINT; THENCE S 00°Ol' 16" W 44.93 FEET TO THE NORTHWEST
CORNER OF PINTAIL POINTS SUBDIVISION AND THE NORTHEAST CORNER
OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON
BOUNDARIES OF SAID SUBDIVISIONS S 00°01' 16" W 621.09 FEET TO THE
SOUTHWEST CORNER OF SAID PINTAII, POINTS SUBDTi~ISION; THENCE
S 00°01' 18" W 656.50 FEET TO THE SOUTHWEST CORNER OF PROPOSED
BUCKEYE PLACE SUBDIVISION; THENCE S 89°27'46" E 302.33 FEET ALONG
THE SOUTH LINE OF SAID PROPOSED BUCKEYE PLACE SUBDIVISION TO
THE BEGINNING POINT OF THIS EASEMENT.
TI~NCE CONTINUING S 89°2T46" E 20.47 FEET TO A POINT;
THENCE S 11°47'33" E 44.18 FEET TO A POINT ON A P SANITARY
SEWER EASEMENT, INSTRUMENT No. 106017064;
THENCE ALONG SAID EASEMENTS 21°01'06" W 36.91 FEET TO AN ANGLE
POINT IN SAID EASEMENT;
THENCE N 11°4733" W 79.57 FEET TO THE BEGINNING POINT OF THIS
EASEMENT, CONTAINING 1237 S.F., MORE OR LESS.
WAYNE K. BARBER,
50912-SSease.doc
P.L.S. 8444
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SAkITARY SEWER EASEt1ENT
~tSTR. Na. 106077064
CITY OF MERIDIAN
SANITARY SEWER EASEMEN E
BUCKEYE SUBDIVISION
EXHIBIT DRAW'NG
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08/23/06 DPM 50912 t" = 150'
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bees drawings, or orry portion thereof. shoo not be tuel
on any Project or extensions of the Project ex
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Meridian City Council
October 24, 2006
Page 2 of 66
Taylor: It is.
De Weerd: I would like to present you with a pin as well and thank you for joining us.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4, Council, is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, Item H resolution number is 06-538. I is 06-539. On the
regular agenda Items 8 and 9 has been asked to be pulled until November 8, 2006. And
the applicant asked for that. And we have to pull 10 and 11 until November 8th, 2006,
because of the annexation. And Item No. 17 ordinance number is 06-1271. And with
that I move we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of September 19, 2006 City Council Regular
Meeting:
B. Approve Minutes of September 26, 2006 City Council Regular
Meeting:
C. Approve Beer and Liquor License Transfers from Susan
Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise
at 906 N. Main St.:
D. Sanitary Sewer Easement for Buckeye Place by Western Ada
Recreation District:
E. Water Main Easement Agreement for Walgreen's by GRH Ten
Mile & Halker Properties:
F. Water Main Easement Agreement for Jakers Restaurant by
Vintage Properties, LP:
Meridian City Council
October 24, 2006
Page 3 of 66
G. Approve Agreement for Stenographic Services with MD Willis,
Inc.
H. Resolution No. CPA 06-003 Request for
a Comprehensive Plan Amendment to modify the Future Land Use
Map to extend future land uses within the City of Meridian south to
Colombia Road, west to Meridian Road and east to Eagle Road
and to modify some of the existing land use designations on the
Map along Amity Road, between Meridian Road and Eagle Road
for Southeast Comprehensive Plan Amendment by Bailey
Engineers -between Meridian Road and Eagle Road & between
Columbia Road to '/ mile north of Amity Road:
I. Resolution No. CPA 06-002 Request for
a Comprehensive Plan Amendment to change the Future Land Use
Map designation for approximately 12.37 acres from Medium
Density Residential to Mixed Use Community for Ustick
Comprehensive Plan Amendment by Thornton Oliver Keller -
1515 West Ustick Road and 3195 North Linder Road:
J. Renewal of Contract for Prosecution Services with the City of
Boise:
K. Contract for Expedition Technical Assistance to set up
Biosolids Improvement Project with CH2M HILL:
L. Agreement for Professional Services with Civil Survey
Consultants, Inc. for Construction Staking for Water and
Sewer Improvements Associated with ACHD Locust Grove,
Franklin to Fairview Proiect:
M. Public Works Change Order No. 1 for the Blackstone LS
Abandonment with Star Construction, LLC:
N. Contract for the Sewer Modeling Technical Assistance with
CH2M HILL:
De Weerd: Item 5. Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes resolution 06-538, 06-
539, and for the Mayor to sign and the Deputy Clerk to attest on all proper papers.
Meridian City Council
October 24, 2006
Page 4 of 66
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Mrs. Smith, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's Office
1. Presentation by Mayor's Anti-Drug Coalition:
De Weerd: Okay. Item 6 under department reports. We have a presentation for you
tonight that we tried to show last week and I apologize for the technical difficulty. I'm
very nontechnical. But we have tested it before tonight's meeting, so it will work. Just a
little background. The Mayor's Anti-drug Coalition partnered with KTVB Channel 7 to
provide a video that we could steam on our website as well to present to our citizens
and our civic community and presentation as to our challenges with meth in this valley,
as well as in our community, and so this is the presentation that was the end product.
(Video shown.)
De Weerd: This week is Red Ribbon Week and it is a week that we celebrate good
choices that our young people are making to stay drug free and to stay away from
drugs. This, again, was made in partnership with Channel 7, KTVB, and we appreciate
their involvement. We have a powerful message to send and meth is an issue in our
community and so, Council, that is something that we will have on our website that
people can click onto and, hopefully, gain a message from, as well we will be available
to present to civic organizations to help spread the word. We did have Myrna
Camarena, she is the sister of KiKi Camarena, the DEA agent that was killed in Mexico,
the whole reason Red Ribbon Week started. She came and spoke at the Boys and Girls
Club last week as our guest and we are doing amulti-faceted approach to keep this
high profile in front of people to make better choices. So, John, do you have anything
you would like to add?
Overton: Madam Mayor, Members of the Council, I don't think there is anything I can
add on top of what we just watched. I mean I have talked to Shelly Oldham personally, I
have seen her scars. They are real. It tells the tail. And, you know, I think one of the
things we recognize is we probably have one of the most outstanding programs
statewide right now in addressing this and we just need to keep it rolling.
De Weerd: Thank you. Council, any questions?