Sanitary Sewer Easement with Joint School District No. 2 for Black Cat Sewer Project
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 13th day of December, 2005, by the undersigned
Meridian Joint School District No. 2., who maintains a mailing address of 36 E. Pine
Avenue, 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".
WITNESSETH:
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, inconsideration 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, A-2 and B-1, B-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 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.
1. 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 CITYwill not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this permanent easement.
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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 subscribed their signatures
the day and year first hereinabove written.
Grantor `~
Meridian Joint School District No. 2
By: Dr. Linda Clark, Superintendent
STATE OF IDAHO)
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County of Ada )
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On this a3~`t day of ~Savt,~tav , 200, before me qtr icier A . ~wanca.,h ,
personally appeared Li Vida (at,~le.. ,proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within j~~~nent, and acknowledged that they executed the same.
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4~• ~~T~~ 9'Z'; NOTARY PUBLIC FOR IDAHO
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~~~~F~01ENT, Page 2 of 3
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Beneficiary: CITY OF MERIDIAN
By
Tammy
ATTEST: ~~~irl~-` /~~~
William Berg, Jr., City
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SANITARY SEWER EASEMENT, Page 3 of 3
STATE OF IDAHO, )
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County of Ada )
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On this~~day of , 20d'S~ before me, the
undersigned, a Notary Public in and for said State, p sonally 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.
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EXHIBIT A-1
Project: 11873
Grantor. Meridian Joint School District No. 2
Parcel No: 51210142040
Date: November 9, 2005
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Southeast Y of the Northeast 14 of Section 10, Towruhip 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and
more particularly described as follows:
Comrnencutg at the East'/ corner of Section 10; thence along the Southerly boundary
of the Southeast'/ of the Northeast !/i of said section, North 89' 11'03" West, 1,327.73 feet;
thence alon8 the Westerly boundary of the Southeast Y, of the Northeast 1ti of Section 10,
North 00'28'47' East, b6b.b8 feet to the POINT OF BEGINNING;
thence corrtinuing along said boundary, North QO'28'4T East, 35.79 feet;
thence South 45'00'00" East, 74.06 feet to the center line of the Ten Mile Stub Drain;
thence along said center line, North 85'05'50" West, 39.62 feet;
thence North 45°00'DO" West, 18.bb feet to the POINT OF BEGINNING.
Containing 0.027 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
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PEFiaAANENT SEWER UISEMENT
EXHIBfT B-1
Project: 11873
Grantor: Meridian Joint School District No. 2
Parcel No: S1210142040
Date: November 9, 2005
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Southeast'/ of the Northeast Ys of Section 10, 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 East Y comer of Section 10; thence along the Southerly boundary
of the Southeast'/. of the Northeast'/. of said section, North 89° 11'03" West, 1,327.73 feet;
thence along the Westerly boundary of the Southeast 1/, of the Northeast Y. of Section 10,
North 00°28'4T' East, 683.14 feet to the PO1N7 OF BEGINNING;
thence continuing along said boundary, North 00°28'47" East, 100.00 feet;
thence North 89'40'19" East, 100.00 feet;
thence South 00°28'4T West, 100.00 feet;
thence South 89'40'19" West, 100.00 feet to the POINT OF BEGINNING.
Containing 0.230 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT AND TEMPORARY EASEMENT CONTRACT
Project # and Description: 11873 Black Cat Sewer Project
Parcel # and Owner: S 1210142040 Meridian Joint School District No. 2
Date of Offer: December 13, 2005
THISRIGHT-OF-WAY CONTRACT, made this 19`~ day of January 2006, between the City of Meridian, acting by its
Mayor and Council, herein called "CITY" and Meridian Joint School District No. 2 ,herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
Easement and Temporary Construction Easement included herewith as Exhibits A-1, A-2, B-1, & B-2:
NOW THEREFORE, the parties hereto agree as follows:
1. The City shall notify the Grantor at least 14 days prior to the commencement of work on the site.
2. The City shall promptly replant any disturbed areas of grass with sod.
3. The City shall work with the Grantor to repair and replace any sprinklers damaged during construction.
4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration
for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on
account of the location, grade, construction and maintenance of the proposed sanitary sewer line.
s. The term of the temporary easement shall expire when the construction contract terminates.
5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the
property to which this document applies, are fully authorized to execute this document and forever bind themselves,
their successors and assigns and the subject property to the terms set forth herein.
IN WITNESS WEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDIAN ~ ~ ~ ; , ~, GRANTORS
By ~~ . a ~. ~ "~'~ ~~~'
Tammy erd, Mayor ,~ '~ '~ 'Meridian Joint School District No. 2
Dr. Linda Clark, Superintendent
Date:
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ATTEST• ~ "'~ r 1~ ,~/ ,,,;~"J~e: j -.23-Oi6
iam Berg, Jr., City Clerk '''-: r ~` ..;,,`'
~~~'''drgeaeeee asay.~' ,~' .
Date approved by Council: ~~ ~~~~~ ~~
1/23/2006
Meridian City Council
February 7, 2006
Page 2 of 90
gathering like this and though there may be disappointments or excitements tonight,
Father, we would recognize how blessed we are. Thank you and ask your blessing
upon all the activities in Jesus' name we pray, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, pastor. Okay. Item No. 4 is adoption of the agenda. Mr. Bird.
Wardle: Madam Mayor?
De Weerd: Oh, wow, you threw a wrench in this one.
Wardle: Changed it up on you this evening.
De Weerd: Mr. Wardle.
Wardle: I have one change to the agenda. Item No. 23, staff has recommended that
we continue this item to February 21st. Item No. 24, Ordinance number will be 06-
1213. And Item 25, Ordinance number 06-1214. With those changes I move that we
adopt the agenda.
Bird: Mr. Wardle, before I second that, we have also been requested -- I'm sorry I didn't
get to you -- under Item C in Department Reports, Mr. Silva is not here, but Mr.
Rountree would like the Public Works Department to give a report on the water main
breakage. Is that not right?
Rountree: Correct.
Bird: If that's okay with you, motion maker.
Wardle: Motion would incorporate Item C, Public Works, information on water main
break. Yes.
Bird: Okay. Then, I will second that.
De Weerd: Okay. The motion is to approve the adoption of the agenda as amended.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of January 17, 2006 City Council Regular
Meeting:
Meridian City Council
February 7, 2006
Page 3 of 90
B. Approve Minutes of January 24, 2006 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: MI 05-
014 Request to terminate a Development Agreement for Casper
Management by Casper Management, LLC - 7.32 acres south of
Overland Road and west of Meridian Road:
D. Water Main Easement Agreement for Lakeview Golf Course
Maintenance Shed:
E. Agreement with ACRD for Roadway Construction /Sewer and
Water Line Improvements for ACHD Project 504002, Overland
Road, Topaz Avenue to Cloverdale Road:
F. Award Bid and Contract for Meridian Senior Citizen Center
Upgrades:
G. Permanent and Temporary Easement Contract for the Meridian
Joint School District No. 2:
H. Agreement (Water / Sewer Assessment) for Candlewood
Suites by TQ Properties:
I. Contract with Irminger Construction for construction of the
Waltman Lane Sewer Extension Project:
J. Change Order No. 1 for the Wastewater Treatment Plant
Expansion Project with JC Constructors, Inc.:
K. Eagle Road Water Main - 184 to Franklin Project, Change Order
No. 1 and No. 2:
L. Approve Bills:
De Weerd: Okay. Item 5, Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we adopt the Consent Agenda as published and for the Mayor to
sign and clerk to attest.
Bird: Second.
Meridian City Council
February 7, 2006
Page 4 of 90
De Weerd: Okay. Motion to approve the Consent Agenda. If there is no 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:
A. Planning Department
1. Set Dates for Public Hearings on:
Public Hearing: CPA 05-001 Request to Amend the
Future Land Use Map of the Comprehensive Plan for
Approximately 50 acres from Medium and Low Density
Residential to Mixed Use-Regional, by the South Eagle
Road and Victory Road Property Owner's Alliance -Land at
or near the northeast and southeast corners of South Eagle
Road and Victory Road:
Public Hearing: CPA 05-002 Request for a
Comprehensive Plan Map Amendment to change
approximately 11.79 acres from Office to Mixed-Use
Community by Conger Management Group - 675 and 715
South Wells Street:
De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with our
planning department, Item A-1.
Canning: Madam Mayor, Members of the Council, a couple of months ago we had a
number of Comprehensive Plan amendments forwarded up from the Planning and
Zoning Commission. A couple of them had requirements that they also submit a
concurrent development application with them. So, we have been holding them. We
had decided that you would set a date specific for those tonight or by tonight. So, we
have been in contact with both the project leaders or applicants on those applications.
One of them we have received, it will be heard by the Planning and Zoning Commission
in mid March, and the other one we anticipate will be done -- will be in by this next
cutoff, so it would be heard in April. So, you could set them over to the first meeting in
May, would be probably an appropriate date if you wanted to keep them on the same
date. If you wanted to move one of them up a little bit, you could probably do it mid
April. But May should get both of them. Did that make sense?
De Weerd: Council, any questions for Anna?
Rountree: I have none. Makes sense.