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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 ~~~ ~~~~~~~~~I~~~~~~~~~~~~~~~~~~~I~~~~ 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. ~~tf • ~,; . ; S M ~ NOTARY PUBLIC FOR IDAHO s My Commission Expires on b -~~ ~U6u SANITARY SEWER E',A~ ~~ , e 2 of 3 ~srr^+~~ Beneficiary CITY OF MERIDIAN By T Tamm de W ATTEST yor William Berg, Jr., City C \~\`\\ V` T ii//~J `~\\L p~~ `'\~~ /fii VV ~^rO i ~Z[ii 6na-~ _1j ~~ ~ i~~ ~ ~ ~~ ~y ~j P Date approved by Council: ~~~-~~6 ""' STATE OF IDAHO, ) ss. County of Ada ) f- 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. 8575 3-z2-ot RMH/geh:lhc P:1PHK\11873-Black CatlEasements\Final EasementslBtack Gat\YpN AUKER-PERM_NE4 NW4•SEC 15.dot N. ~L ~~ ~d 0 i. coR., SEC. 15 o N WEST FRANKLEN ROAp N S88'15'27"E S89'15'27"E 1320.34' P.0.8. _ 30.00' -1 ~C ~p l ,ry M ~ I o n 58928'09"E ' °o`r~ L ~ 10j.13 - ~ N si Z L 2 SCALE: 1 "=200' , N89'28 09"~ `o~ ~,, ~ ~^ S88'15'34"E ~~ L.~ rnW` ----- 391.65' ~j•'S57'38'34"E -- f ~7 0.78' -~ ~ _ ~ N89'15'34"W 408.35' ~ N57'3B'34~ ~ 54.63' \ ~ ~ \ \ \ \ ~ \ \ ~A \ ~~ \ \ ate. \ ,~ `~ ~ °~,\ \ \ ~ ,~ ~ \ ,, \ \'~ ~ ~~~~•~ ,~. ~ ~ ~ \\ ~ \~ \ \\ \ \\ ~ \\ \ \ \ \ \ \ ~ \ \ \ \\ D ~~ o ~ 7 R G N ti\ \~~' w~ ~~ N ~ ~ y ~ ~ a 8575 ~ J~ 7P~\ \ p 0 ao~,\ \ ~^ 388'1'07" a ~ , 80.59' ~\ J'J' S'~'~h ~~ ~---_. ~ ~rf O E ~~~ G~ D._ N 2'15 36~"w ATED HBiEIN CAD FltE DriER78VRII tOPERTYOF PAOJ. f: 11lA' ~~"~ OR PART, p~qT BBC YE^IZao ~ fl DYVER DEVELOPMENT PERMANENT SEWER EASEMENT 1 1 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. N. ~L ~0 7~ 0 NW. COR., SEC. 15~ooN 589'15'27"E ~ 3o.oa' 1NEST FRANKLIN ROAD S89't 5'27"E S89'f 5'27"E 132fl.34' 129.43' P.a.B. ~ ~ Wl~f l ~, ~IMI ` ~~ rL ~ lam ~-~ 1 2 SCALE: 1 "=200' N89'28'09"W ~ S89'15'34"E 363.82 S57'38'34'E i0i.13' ~~ L----------'~~ 97.88' x~ L-,-__- "CC N°~ ~ - N89'i5'34"W- 391.65' -~ ~ w - _....._ _._. - ._ - ~\ \ ~' ~ N57'38'34"W 70.78' s~ \ ya\ \`°a \~a~ \~a ~~` \~\ ~ \ \ \`°~ \~\ \'~s: \'~c\ ~ \ \ ~ \ \ \ \ \ \ ~ ~ \ ~ ~ \ ~ ~ \ \ \ \ \ ~ N \' xW j f ~~`}io\ \ S89'15'07'E ~ ~ :>~aory\ ~ 148.25' a 8575 ~ ~ ~__ _~ ~~ rj • ~ -J6 ~~ ~,~„N89'15'07"W 'P f OF ~ ~ ' w b ~q[ D ta. ~~~ o~ ~~ msDOCDNENf,ANDDE[1°'I~1N'IS~.~rN'NfCOR{'DRATEDNEREJN cADru.e:DVVERaaJra ,,•-- EXHIBIT B-2.1 SHEET IV9AN IIi51RIMQ1f OFWWFE861DNN.3EAYl[E 10 THE PROPER7YOF vROL r. ~+m ~~ ~ ~ , J~ld F310WEFJIi,IAG AND Ei Ndfl°9E USED, NI YfIlDLl DR pARi, PLOTSGlE:1200 FORAW DTNER PAOlEC7YIDNW'f THi ilwA6SSN7i17[N AU7NDIUUT70N DFJ4! ENDNIEERS. Mm DRAWIND NO.: DRAmaer:aAN ~/~ DYVER DEVELOPMENT °F °~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. a 8575 ~~'3- y~.or. goy rF o F ~o ql p M N RMH/geh:the P:1PHK111873-Black CatlEasementslFinal Easements\Black Cat\VAN AUKER-TEMP-NE4 NWd_SEC 15,dpc N. ~L W. CDR., SEC. t5 WEST FRANKLIN ROAD S89'15'27"E 1320.3E I s SCALE: 7 "=50' ~ ~I ~I ~I ~I ~I MI OI ( I I I P.o.a. ~ S89'28'09"E 105.85' ------ ---- ~o( ~ ~ MO~ 01 J v' ~ ° fa! ~ w. °'. z l `~ ~__ __~ ~' - Nssis'a9"w it4 a4' 8575 Q S•~•UG ~o E 0 F \~! ~~ owER•TENIV ifi USEO,IN WlIOLE ORPART. pUOT SCILLE:11a0 ~ ~"~ IE E%PRfiiSNNRTEN Ina OMM7NGN0. DESIGN BY: OFN .~~.~~ 7N HEGf~BY: NJII ISHE2 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: