Sanitary Sewer Easement with Smith, Steven C. for Black Cat Sewer Phase 3ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 0113110fi 02:44 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City Public Works
NAVARRO AMOUNT .00
~~~ ~~~~~~~~~~~~~~~~~I~~~~~~~~~~~~~ ~I~
19612262
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
BLACK CAT SEWER PHASE 3
STEVEN C SMITH
Y ~
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this day of 5w~ , 2006, by the undersigned Steven C.
Smith, who maintains a mailing address of 1991 S. Saturn Way, Ste. 100, Boise, ID
83709, 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".
W ITNESSETH:
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 and B-1)
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 permanent easement.
SANITARY SEWER EASEMENT
Page 1 of 3
Page ! p~~
2. HOLD HARMLESS, In consideration of allowing Grantee to perform
work on and/or operate within the said described parcel, Grantee
expressly agrees to indemnify, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands,
actions, debts, injuries to persons, and damages to property,
damages, costs, charges, and expenses, including all court cost and
attorneys fee, and against any and all liability, losses and damages of
any nature whatsoever, the "Damages" that Grantor shall or may at
any time sustain or be put to by reason or as a result of Grantee
performing, working on and/or operating within the here in above
described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
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 c,r~~~t 1'ls G^~;'~ Jh9/~hA~. ~,, ~: Shy ~ ~/A~c
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 posse`/ssion thereof against the lawful claims of all persons
whomsoever. ~~~~ f ~^ ,nA ~1lr'~ u ~` you ~/~ ~ /L°t.^~ q,..,.~ e9 se.nrv~, ~.': ~ 6l. N~.~ 1~
SA;d N9Jr err i..:~ p~.P~~~, ~j~ S'K5~"r ~f '~'~ ~ '~ ; ~ r N/~
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures 3a
the day and year first hereinabove written. ~~ry~ /~~ ~~~~~/,~ l
Grantor
Steven C. Smith
STATE OF IDAHO)
ss
County of Ada )
;~
On this '~~` day of Lf,~i , 2006, before me ~~'1~ 1 ~ 1~~-f~%~-~ ,
personally appeared 'Y ~ rnv~w ~ ;' '~ ~ ~, ~ ~ proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within instrument1arad~cnowledged that they executed the same.
.~
SANITARY SEWER
~~~~G~~c~~~~~"tip ~__~~'
NOTARY PUBLIC FOR IDAHO
My Commission Expires on ~ ~ ~ (5 ~- ~ ~
Page 2 of 3
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STATE OF IDAHO
County of Ada
ss.
On this Jr~'- day of July, 2006, before me, D 2z ~ c~ 2 ~ /~ a Notary
Public, personally appeared Robert L. Phillips, Attorney-in-Fact for Steven C. Smith,
and to me personally known, who being duly sworn, did say that he is the Attorney-in-
Fact for Steven C. Smith, who executed the within instrument.
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My Commission expires: -~ 6 -~ ~/~
Beneficiary: CITY OF MERIDIAN
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Tammy de W erd, or C)' ~':
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ATTEST ,~:~-~ i
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William Berg, Jr., City Jerk = ~~=~~ _=
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Date approved by Council: ~~ ~ ~, LJJ ^% '~ ~ ' ~'
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Page 3 of 3
SANITARY SEWER EASEMENT
Page
Project
Date:
10-05-135
March 6, 2006
EXHIBIT A-1
PARCEL DESCRIPTION '
PERMANENT SEWER EASEMENT
That portion of the Southwest'/a of Section 14, 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 Northwest corner of said Southwest'/a of Section 14; thence along the Westerly boundary
of said Southwest'/a, South 00°30'19" West, 42.09 feet to the POINT OF BEGINNING;
thence South 87°29'17" East, 300.01 feet;
thence North 49° 5b'26" East, 78.05 feet to a point on the Northerly boundary line of the said SouthwesC'/a;
thence South 89°12'03" East, 2,297.37 feet along said Northerly boundary line of the Southwest'/a to the
Northeast corner of said Southwest'/a;
thence along the Easterly boundary line of said Southwest'/a, South 00° 35'50" West, 1,344.93 feet to a point
on the Northerly right-of-way line of I-84;
thence along said Northerly right-of-way line North 89°33'51" West, 65.30 feet;
thence parallel with and 65.30 feet Westerly of said Easterly boundary line of said Southwest'/,,
North 00°35'50" East, 58.79 feet;
thence North 45 ° 00' 00" East 47.59 feet;
thence parallel with and 32.00 feet Westerly of said Easterly boundary line of the Southwest'/a,
North 00"35'50" East, 1,220.44 feet to a point 32 feet South of said Northerly boundary line of said Southwest'/a;
thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest'/a,
North 89"12'03" West, 2,253.56 feet;
thence South 49°5b'26" West, 78.59 feet;
thence North 87°29'17" West, 311.36 feet; to a point on said Westerly boundary of the Southwest'/,;
thence along said Westerly boundary of the Southwest'/a, North 00°30'19" East, 32.02 feet to the POINT OF
BEGINNING.
Containing 2.988 acres, more or less.
END OF DESCRIPTION
Prepared by:
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Ronald M. Hodge, P.L.S.
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ASAN INSTRIILIENf OF PROFESSIONAL SERYiCE,Ia THE PROIERTY OF PROI. F: itaF1
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Date: March 6, 2006
EXHIBIT B-1 _
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Southwest'/4 of Section 14, 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 Northwest corner of said Southwest ~/, of Section 14; thence along the Westerly boundary
of said Southwest'/a, South 00°30'19" West, 74.11 feet to the POINT OF BEGINNING;
thence South 87°29'17" East, 311.36 feet;
thence North 49 ° 56'26" East, 78.59 feet to a point 32 feet South of the Northerly boundary line of the said
Southwest Ya;
thence parallel with and 32 feet Southerly from said Northerly boundary line of the Southwest Y,,
South 89°12'03" East, 2,253.56 feet to a point 32 feet Westerly of the Easterly boundary line of said Southwest'/.;
thence parallel with and 32 feet Westerly of said Easterly boundary line of the Southwest ~/a, South 00°35'50"
West, 1,220.44 feet;
thence South 45°00'00" West, 47.59 feet;
thence parallel with and 65.30 feet Westerly of said Easterly boundary line of the Southwest'/,
South 00° 35'50" West, 58.79 feet to a point on the Northerly right-of-way line of I-84;
thence along said Northerly right-of-way line North 89°33'51" West, 116.70 feet;
thence parallel with and 182 feet Westerly of said Easterly boundary line of the Southwest ~/a, North 00°35'50"
East, 100.00 feet;
thence parallel with and 100 feet Northerly of said Northerly right-of-way line South 89° 33'51" East, 100.00
feet to a point 82 feet Westerly of said Easterly boundary line of the Southwest ~/,;
thence parallel with and 82 feet Westerly of said Easterly boundary line of the Southwest'/,, North 00°35'50"
east, 1,163.45 feet to a point being 82 feet South of said Northerly boundary line of the Southwest'/q;
thence parallel with and 82 feet Southerly from said Northerly boundary line of the Southwest'/a,
North 89 ° 12'03" West, 2,185.11 feet;
thence South 49 ° 56'26" West, 79.45 feet;
thence North 87°29'17" West, 329.09 feet to a point on said Westerly boundary of the Southwest'/,;
thence along said Westerly Boundary of the Southwest ~/,, North 00°30'19" East, 50.03 feet to the POINT OF
BEGINNING.
Containing 4.656 acres, more or less.
END OF DESCRIPTION
Prepared by:
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N AEVIBA7N DESCRIPTION BV PR DATE CNE BY: RAIN
Meridian City Council
July 18, 2006
Page 4 of 56
J. Resolution No. 06-524 VAC 06-009 Request for a
Vacation of a 10 foot irrigation easement along the west boundary
of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development,
LLC - on Commercial Drive, west of Nola Road, north of East
Franklin Road:
K. Development Agreement: AZ 06-005 Request for Annexation
and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN-C
(14.54 acres) and C-C (11.16 acres) for Knight Skv Estates
Subdivision by Sea 2 Sea, LLC -northwest corner of Chinden
Boulevard and Linder Road:
L. Development Agreement: AZ 06-006 Request for Annexation
and Zoning of 10.01 acres from RUT to C-G zone for Knighthill
Center Subdivision by Sea 2 Sea, LLC -southwest corner of
Linder Road and Chinden Boulevard:
M. Approve Water Main Easement Agreement for Smoky
Mountain Pizza by Fairview Lakes, LLC:
N. Approve Permanent and Temporary Easement Contract for
Steven C. Smith:
O. Approve Agreement for Professional Services for Black Cat
Trunk Sewer Phase 4 with JUB Engineers:
P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley
Drilling & Pump Company:
Q. Approve Agreement for Professional Services with BBC
Research & Consulting for Fiscal Impact Analysis:
De Weerd: Okay. Item 4 -- or Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On our Consent Agenda Item B we would like to pull to 7-B and with that our -- the
Consent Agenda also includes Resolutions 06-523 and 06-524. And for the rest of the
Consent Agenda I move that we approve. it and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
Meridian City Council
July 18, 2006
Page 5 of 56
De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any
discussion? Mr. Berg, will you 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. Agreement with CGI Communications, Inc., for a
Community Mini Movie Showcase:
De Weerd: Okay. Thank you. Okay. Under Item 6, Department Reports, tonight
Shelly Houston will discuss an item under the Mayor's Office, the agreement with CGI
Communications for a community mini movie showcase. Shelly has some examples of
what kind of end product this agreement will lead to and I might note it is at no cost.
Shelly.
Houston: Good evening. My name is Shelly Houston, I'm the new Community
Communications Coordinator here for the City of Meridian. I'm here tonight to tell you
about an exciting opportunity we have been offered, which could help us use new
technology to introduce Meridian to prospective residents and, more importantly, attract
high quality businesses to our city. For the past several weeks city staff members have
been reviewing an offer from a New York based company called CGI Communications.
Their offer to us and to many other cities across the country, is to fully produce a series
of five one minute mini videos, which would showcase our city's best features and offer
web users throughout the world the chance to see a view of our city through streaming
video they could access through one simple click from our website. Let me show you a
sample one of these mini videos for Orem, Utah, chose to produce with this
organization and, then, afterwards let's talk a little bit more and I will tell you a few more
details.
(Video shown.)
Houston: Allow me to narrate. I'm sorry. That was an oversight on our part. I'm sorry
for the oversight on the audio. This man speaking is the mayor of Orem, Utah, giving a
brief welcome address and inviting viewers from this website to learn more about the
city. He's talking about some of the city's features and the video will continue on to
show some of the physical features, the beauty of the area. They are talking about the
nice mixture of people, that it's a young, vibrant community. He's highlighting some of
the shopping areas, dining, entertainment, quality of life, education, business, and it's all
narrated with professional voiceover on content that's been chosen by their city and,
then, this production company has gone out and made a visit to Orem and shot all the
video and helped work on the script and, really, what they have chosen to do is have