Sanitary Sewer and Water Main Easement with McKibbin, Dennis P. and Debra J. for Eagle Victory to Ridenbaugh~.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 08/03/06 01:39 PM
DEPUTY Paiti Thompson III I I II II I II I' II I II I III I I I II II II'I III
RECORDED-REQUEST Of
Ciry of Meridian i X61 ~~#81 ~
This sheet has been added to the document to
accommodate recording information.
Sanitary Sewer and Water Main Easement at 2820
South Eagle Road (south property)
Approved by the Meridian City Council on July 25, 2006.
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20 between Dennis P. and Debra J.
McKibbin ,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 fomever.
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 EASMT.S&W.doc
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 ofthe first part have hereunto subscribed their
signatures the day and year first herein above written.
NTOR:
Dennis P. McKibbin
~_~~~~
Debra J. Mc 'bin
STATE OF IDAHO)
ss.
County of Ada )
On this 17 ~~' day of ~t~,/y , 20 b~, before me, the undersigned, a Notary
Public in and for said State, personally appeared /~G,ODiS f. ~"1aiE.•fabii~ and
pebra cS- Ma k. bb.:~ , proved to me on the basis of satisfactory evidence to be
the persons whose names are subscribed to the within instrument, and acknowledged that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
f der 5'~ Pta~~.
e~
NOTARY PUBLIC FOR IDAHO
Residing at: G anion Go~rr~y
Commission Expires:,a,,, 8/.Z O/l
Sanitary Sewer and Water Main Easement EASMT.S&W.doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, M~ y`,~ ~~'~ ~ ~~ %r',
~T~O
.~ ~J ~''.diiL1J
Attest by William G. Berg, ity lerk = -~
Approved 13y City Guncil 1n: j:, ~ ~,.`
''~~~~rrrrrrrr~~~~'1+t`~,~~,
STATE OF IDAHO, )
ss.
County of Ada )
On this~day of ~,-(,(,~L ~ , 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((
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at: I''~'~l-C l ~~ ~~-- ~~c%t
Commission Expires: 1 ~ --/ S- ! ~
Sanitary Sewer and Water Main Easement EASMT.S&W.doc
EASEMENT DESCRIPTION
FOR
CITY OF MERIDIAN
SEWER AND WATER EASEMENT
A parcel located in the SW 1/4 of the SW '/4 of Section 21, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at an brass cap monument marking the southwesterly corner of said SW '/4 of the
SW '/4 from which an brass cap monument marking the northwesterly corner of said SW `/a of
Section 21 bears N 0°00'09" W a distance of 2700.12 feet;
Thence N 0°00'09" W along the westerly boundary of said SW '/4 a distance of 1111.00 feet to a
point;
Thence leaving said westerly boundary N 89°59'51" E a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence N 89°59'51" E a distance of 5.00 feet to a point;
Thence N 0°00'09" W a distance of 22.00 feet to a point;
Thence S 89°59'51" W a distance of 5.00 feet to a point;
Thence S 0°00'09" E a distance of 22.00 feet to the POINT OF BEGINNING.
This parcel contains 110.00 square feet (0.003 acres) and is subject to any easements existing or
in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
July 19, 2006
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Meridian City Council
July 25, 2006
Page 3 of 77
F. Findings of Fact and Conclusions of Law for Approval: CUP
06-014 Request for a Conditional Use Permit for 24 multi-family
dwelling units in a proposed R-15 zone for Rushmore Subdivision
by SLC Investments, LLC - 1021 West Pine Avenue:
G. Findings of Fact and Conclusions of Law for Approval: AZ 06-
023 Request for Annexation and Zoning of 1.0 acres from RUT to
R-2 zone for Martin Annexation by the Ada County Highway
District - 1120 S. Locust Grove Road:
K. Sanitary Sewer Easement Agreement for Bellingham Place:
L. Professional Services Contract for Scope of Services for
Cooperative Tasks with Sanitary Services, Inc.:
M. Permanent and Temporary Easement contract for the 2006
Trunk Sewer Project with Dyver Development, LLC:
N. Sanitary Sewer and Water Main Easement Agreements for
Properties at 2820 South Eaule Road:
De Weerd: Consent Agenda.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the Consent Agenda are Items 7-- or H, I, and J will be moved to 7-H, I, and J,
and the rest of the Consent Agenda I move we approve and for the Mayor to sign and
the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda with the removal of
Items H, I, and J. Is there any discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
D. Mayor's Office
1. Scholarship Presentations: