Sanitary Sewer Easement with Dyver Development, LLC for Black Cat SewerADA COUNTY RECORDER J. DAVID
BOISE IDAHO 0713110fi 02:44 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City Public Works
NAVARRO AMOUNT .00 10
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10612230
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
BLACK CAT SEWER
DYVER DEVELOPMENT LLC
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this (~'[t~ day of ~HC , 2006, by the undersigned Dwer
Development L.L.C., who maintains a mailing address of 1977 E. Overland Rd., Meridian,
ID 83642, 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 bythe 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, A-2 and B-1, B-2.1, B-2.2)
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 temporarv 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
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.
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 possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto ibed their signatures
the day and year first hereinabove written.
STATE OF IDAHO)
ss
County of Ada )
cantor: Dy~fer Development L.L.C.
By: Corey Barton, Managing Member
On this ~ day of , 2006, before me ~0.~-^ V~-~~ ~-e s ,
personally appeared ~'y~,r.ey ~n,~'~n ,proved to me on the
basis of satisfactory evidence to bet a persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
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NOTARY PUBLIC FOR IDAHO
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My Commission Expires on b -~~ ~U6u
SANITARY SEWER E',A~ ~~ , e 2 of 3
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Beneficiary CITY OF MERIDIAN
By T
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ATTEST
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William Berg, Jr., City C
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Date approved by Council: ~~~-~~6 ""'
STATE OF IDAHO, )
ss.
County of Ada )
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On this ~ ~ day of ~~ ~~ ~ ~X , 2006, before me, the
undersigned, a Notary Public in and for said Stafe, 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.
~h~,l~~~t~~~~---
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT: 1~12~ ~~~~~ ~~(
MY COMMISSION EXPIRES:~,~//
SANITARY SEWER EASEMENT, Page 3 of 3
Project: 11873
Date: March 22, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Northeast'/ of the Northwest Y and a portion of Northwest Y of the Northeast
of Section 15, 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 Section 1 S; thence along the Northerly boundary of said
Northwest'/, South 89'15'27" East, 1,320.34 feet to a point being the Northwest comer of said Northeast'/, of
the Northwest ~/,; thence along the Westerly boundary of said Northeast ~/, of the Northwest'/, South 00'31'44"
West, 25.00 feet to a point being on the Southerly right-of-way line of West Franklin Road the POINT OF
BEGINNING;
thence along said Southerly right-of-way line of West Franklin Road, South 89' 15'27" East, 30.00 feet;
thence parallel with and 30.00 feet East of said Westerly boundary of the Northeast'/~ of the
Northwest'1,, South 00'31'44" West, 131.05 feet;
thence South 89'28'04" East, 101.13 feet;
thence South 09' 13'13" East, 126.76 feet;
thence South 89'15'34" East, 391.65 feet;
thence South 57'38'34" East, 70.78 feet;
thence South 29'02'07" East, 944.19 feet;
Chente South 24'39'05" East, 179.10 feet;
thence parallel with and 3D.00 feet North of the Southerly boundary of the Northeast % of the
Northwest'/+ South 89°15'07" East, 180.59 feet;
thence South 27'02'04" East, 33.91 feet;
thence North 89' 15'OT' West, 215.36 feet;
thence North 24'39'05" West, 196.92 feet;
thence North 29'02'OT' West, 935.39 feet;
thence North 57'38'34" West, 54.63 feet;
thence North 89' 15'34" West, 408.35 feet;
thence North 09' 13'13" West, 126.67 feet;
thence North 89°28'09" West, 105.55 feet to on point on the Westerly boundary of the Northeast ~/ of
the Northwest ~/;
thence along said Westerly boundary North 00'31'44" East, 161.16 feet to the POINT OF BEGINNING.
Containing 1.491 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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PERMANENT SEWER EASEMENT
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Project: 11873
Date:, March 22, 2006
IXHIBIT B-1
TEMPORARY CONSTRUCTION EASEMENT
Exhibit B-i.1
That portion of the Northeast'/ of the Northwest'/ of Section 15, 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 Section 15; thence along the Northerly boundary of said
Northwest ~/, South $9' 15'27" East, 1,320.34 feet to a point being the Northwest comer of said Northeast ~/ of
the Northwest'/,; thence along the Westerly boundary of said Northeast Y, of the Northwest %, South 00'31'44"
West, 25.00 feet to a point being on the Southerly right-of-way of West Fran[t[in Road; thence along said
Southerly righk-of-way South 89°15'27" East, 30.00 feet to the POINT OF BEGINNING;
.thence continuing along said Southerly right-of-way line, South 89°15'27" East, 129.43 feet;
thence South 09 ° 13'13" East, 208.67 feet;
thence South 89' 15'34" East, 363.82 feet;
thence South 57°38'34" East, 97.68 feet;
thence South x4'02'07" East, 958.85 feet;
thence South 24' 39'05" East, 149.41 feet;
thence parallel with and 80.00 feet North of the Southerly boundary of the Northwest % of Section 15,
South 89° 15'07" East, 146.25 feet to a point on the Easterly boundary of said Northwest ~/ ;
thence along the said Easterly boundary South 00'20'36" West, 50A0 feet;
thence North 89' 15'07" West, 178.21 feet;
thence North 24' 39'05" West, 179.10 feet;
thence North 29'OZ'07" West, 944.19 feet;
thence North 57'38'34" West, 70.78 feet;
thence North 89' 15'34" West, 391.65 feet;
thence North 09' 13'13" West, 126.76 feet;
thence North 89°28'09" West, 101.13 feet;
thence parallel with and 30.00 feet fast of the Westerly boundary of the said Northeast Y of the
Northwest ~/{ North 00'31'44" East, 131.05 feet to the POINT OF BEGINNING.
Containing 2.536 acres, more or less.
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J~ld F310WEFJIi,IAG AND Ei Ndfl°9E USED, NI YfIlDLl DR pARi, PLOTSGlE:1200
FORAW DTNER PAOlEC7YIDNW'f THi ilwA6SSN7i17[N
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°~1°"B'" °~' •~°• TEMPORARY CONSTRUCTION EASEMENT 2
R N I N CKE Rr:
EXHIBIT 8.1
Temporary Construction Easement
March 22, 200b
' Page 2
TOGETHER WCTH:
Exhibit 8-1,2
That portion of the Northeast'/, of the Northwest'/s of Section 15, 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 Section 15; thence along the Northerly boundary of said
Northwest ~/, South 89' 15'27" East, 1,320.34 feet to a point being the Northwest corner of said Northeast'/+ of '
the Northwest s/; thence along the Westerly boundary of said Northeast % of the Northwest t/,, South 00`31'44"
West, 186.16 feet to the POINT OF BEGINNING;
thence South 89' 28'09" East, 105.85 feet;
thence South 09' 13'13" East, 50,73 feet;
thence North 89' 28'09" West, 114.94 feet to a point on said Westerly boundary;
thence along said Westerly boundary North 00' 31'44" East, 50.00 feet to the POINT OF BEGINNING.
Containing 0.126 acres, more or less.
END OF DESCRiPT10N
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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DYVER DEVELOPMENT ur
TEMPORARY CONSTRUCTION EASEMENT Z
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 Proiect with Dyver Development, LLC:
N. Sanitary Sewer and Water Main Easement Agreements for
Properties at 2820 South Eagle 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
Scholarship Presentations: