Sanitary Sewer and Water Main Easement with Valley Shepherd Church of the Nazarene for Church of the NazareneADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH01112010fi 12:10 PM
DEPUTY Gail Garreli III I'lllll'IIII~I1I1IlIIlllllll III III
RECORDED-REQUEST OF 1E~61826E~6
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of October, 2006 between Valley Shepherd Church of the
Nazarene, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS 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,
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which would interfere with the use of said easement, for the purposes stated herein.
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.
Jer D. Johnso
STATE OF IDAHO
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County of Ada )
On this ~~~ of October, 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared Jerald D. Johnson, known or identified to me to be the
President, 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 first above written.
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Sanitary Sewer and Water Main Easement Page 2
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CITY OF MERIDIAN
Tammy
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William G. Berg, Jr., City
Approved by Council on
STATE OF IDAHO,
County of Ada, )
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On this [ ~~~ day of /~~~ 6~'b'61 {~'l ,200 before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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 fast above written.
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EXHIBIT "A"
A 20 foot wide Sewer Line Easement over, under and across a parcel of land situated in a
portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at an aluminum cap monument marking the SE corner of said Section 24,
thence along the East line of said Section 24 N00°39' 10"E a distance of 1330.33 feet to a
5/8 inch rebar marking the SE corner of said NE1/4 of the SE1/4, thence continuing along
said East line N00°39' 10"E a distance of 17.71 feet to a point, from which an aluminum
cap monument marking the NE corner of said NE1/4 of the SE1/4 bears N00°39' 10"E a
distance of 1312.85 feet, thence leaving said East line N89°24'54"W a distance of 65.00
feet to a 5/8 inch rebar on the West right-of--way line of S. Meridian Road and marking
the POINT OF BEGINNING;
Thence leaving said West right-of--way line N89°24'54"W a distance of 754.30 feet to a
point;
Thence N00°45'45"E a distance of 989.22 feet to a point;
Thence S89°14' 15"E a distance of 20.00 feet to a point;
Thence S00°45'45"W a distance of 969.22 feet to a point;
Thence S89°24'54"E a distance of 734.27 feet to a point on said West right-of--way line;
Thence along said West right-of--way line S00°39' 10"W a distance of 20.00 feet to the
POINT OF BEGINNING.
Said parcel contains 34,469 square feet or 0.79 acres more or less and is subject to any
easements and or rights-of--way of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
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EXHIBIT "B"
SEWER LINE EASEMENT
A PORTION OF THE Nfil/4 OF THE SE1/4 OF SECTION 24
T011NSHIP 3 NORTH, RANGE 1 HEST, HOISE MERIDIAN
CITY OF MERIDIAN, ADA COllNTY, IDAHO
BEAR REEK ~~ 2008
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43.17'
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I I S89' 14' 15"E
20.00'
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3639.(10
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LEGEND
- - - BOUNDARY LINE
LOT LINE
- - - ROAD CENTER LINE
ROAD RIGHT-OF-WAY
- EASEMENT LINE
TIE LINE
QO FOUND 5/8" REBAR
O FOUND 1/2" REBAR
D CALCULATED POINT
® FOUND ALUMINUM CAP
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CORNER
SEC. 24
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'SHEET- CHECKED BY:
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DATE
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J N OLANC EY ROCKWCLL
Meridian City Council Special Meeting
Novemi~er $, 2006
Page 6 of 44
E. Findings of Fact and Conclusions of Law for Approval: PP 06»
040 Request for Preliminary Ptat approval of 55 residential, 7
common lots & 1 other lot on 32.45 acres in an R-8 zone for
Shepherd Creels Subdivision by Valley Shepherd Church of the
Nazarene 8~ Shepherd's Creek, LLC - 2475 South Meridian Road:
G. Addendum to Development Agreement: MI 06-002 Request to
Amend the previously approved Development Agreement for
Walgr~en's Pharmacy ~ lZZ 05-008) to allow an 8 foot tall rather
than 6 foot tall CMU wall along the east property line by the
Hawkins Companies - 3150 West Cherry Lane:
H. Pathway Easement Agreement for Tustin Subdivision with
Dyver Development:
I. Public 1~torks Change Order No. 3 for ~e Centrate Tank
Construction with Carollo Engineers:
J.
with DC
K. Water ..Main Easement Agreement for. Boondogk ,Properties.
LLC by Select Investment:
L.
M. Contract for Wastewater Treatment Plant Expansiop Proiect
Task Order No. 4 with Carollo Engineers:
N. Contract for tag Fsve Mile Greek Flow Measurement Study with
Brown and Caldwell:
O. Water Main ~asem~int Agreement for Valley Shepherd Church
by Valley Shepherd Church of Nazarene:
P.
Vallev Shepherd Church by Valley Shepherd Church of the
Nazarene:
Q. Development Agreement: RZ 06-006 Request for a Rezone of
6,82 acres from R-8 to R-15 zones for Cedar Springs
Townhomes by John Flaherty Construction -south of West
McMillan and west of North Meridian Road:
Meridian City Council Special Meeting
November 8, 2006
Page 7 of 44
R. A9re
for Utility
in Conjunction with ACRD Project:
S. Development Agreement: AZ 05-056 Request for Annexation
and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from
RUT to C-C zone for Harks Can_ von, Creek Subdivision by JBS
Enterprises, LLC -1845 West Franklin Road:
T. Development Agreement: Lamont Kouba / Robnett
Construction for Initial Point Subdivision on East Fairview
Avenue:
De Weerd: Item 5, Mr. Bird.
Bird: Madam Mayor, I move that we -- on the Consent Agenda, Item No. F be moved to
the regular agenda as 7-F. That is Resolution No. 06-540. And Item R I move that we
table that to November 14th, 2006. With that I move that we approve the Consent
Agenda as stated and for the Mayor to sign and the clerk to attest on alt papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. Is there any discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Burton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
B. Legal Department:
1. Aaprove SWAC Recommendation for Benches for
Ptav~,around and Walkin4 Path for finder Elementary for
$1,369.00:
2. A_gprove SWAC Recommendation on Park Benche$ for
Fuller Park for Western Ada Recreation District for
$2,575.00
De Weerd: Okay. Item 6-A, we have already heard the proclamation for the Mountain
View High School soccer team, so we will move to Item B, our legal department. Mr.
Nary.