Sanitary Sewer Easement with Boise Waltman for Waltman Lane Sewer ExtensionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 02116106 01:44 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIII~IIIIII'll'll
Meridian City 1 ~~~~~'~~ 1
NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT
THIS NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT
("Agreement"), is made this ~~/ S~day of :T-~ ~ , 2006 between Boise Waltman LLC, the party 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;
RECITALS:
WHEREAS, the Grantors desire to provide anon-exclusive sanitary sewer right-of--way
across the premises and property of Grantor hereinafter particularly bounded and
described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to
be constructed by others at the sole cost and expense of Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time
by the Grantee;
AGREEMENT:
NOW, THEREFORE, in consideration of the incorporation of the foregoing recitals, 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 non-exclusive right-of-
way for an easement for the operation and maintenance of a sewer line over and across
that portion of the Grantor's property as more particularly described on Exhibit "A" and
"A-1" attached hereto and incorporated by this reference.
(SEE ATTACHED EXHIBIT "A" and "A-1")
The easement hereby granted is for the sole purpose of construction and operation of a
sanitary sewer line 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. The sewer easement granted hereby shall be maintained by
Grantee in a neat and aesthetically pleasing condition and in conformance with all local,
state and federal laws, and all liabilities, costs and expenses related to the construction,
maintenance and repair and use of said sewer easement shall be the sole responsibility of
Grantee. Grantee shall preserve and protect, to the extent possible, the underlying lands
of Grantor from erosion, or other damage related to the use of the easement.
This Agreement shall run with the land and shall be binding upon and inure to the benefit
of, and be enforceable (at law or in equity) by Grantor or Grantee or their respective
Sewer Main Easement 1 of 4 Sewer Easement.doc
successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after construction, making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to undertaking
such construction, 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.
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 unreasonably 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.
THE GRANTOR AND GRANTEE do hereby agree that in the event of litigation arising
out of this Agreement, the prevailing party will be entitled to the award of costs and
reasonable attorney fees in addition to such other relief available at law or in equity.
THE GRANTOR AND GRANTEE do hereby agree that all Exhibits attached to this
Agreement constitute a part of this Agreement. This Agreement, together with the
accompanying Exhibits, constitutes the entire agreement among the parties and
supersedes all prior memoranda, correspondence, conversations and negotiations.
THE GRANTEE and Grantee's heirs, successors, assigns, purchasers, or transferees of
any kind, covenant and agree with Grantor and Grantor's heirs, successors, assigns,
purchasers, or transferees of any kind, to indemnify, defend, and hold harmless Grantor
and its heirs, successors and assigns from any loss, claim, lien, debts, taxes and
assessments of any kind, damages, judgments, awards or other liability of any nature
(including attorney fees and costs) that may result from Grantee's use of the sewer
easement established herein.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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K/
STATE OF ARIZONA)
:ss.
County of MARICOPA)
On this 7> ~~ day of ~ )xntc~a~~y , 2006, before me, the undersigned, a
Notary Public in and fof said State, personally appeared
Jay M. Kaplan, known or identified to me to be the Manager of the limited liability
company that executed the within instrument, and acknowledged to me that such limited
liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
(SEAL) G~
ARY UBLIC FOR ARIZONA ,
JASON ~/. ~/INKLER r-
NOTARY PUBLIC -ARIZONA Residing at: ~,~.,(/s f--«.~ o x/.~ ~~
MARICOPA,000NTY Commission Expires: n3 a Dom'
My Ma c S7, 2009p~res
GRANTEE: CITY OF MERIDIAN
Sewer Main Easement 3 of 4 Sewer Easement.doc ~/
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`,~\ ,~~iebiliae,///~~ `/
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4 ~j~
Tammy de Weerd, ~ ~~'d~0r ~"do '~.,
F~ A
Attest by William G. Be ,City Clerk ":, .j,' ~~r ~T ,,~ \~
j t:~ ~ ~~
Approved By City Council On: / ~~'~ '~~ `q~o~
STATE OF IDAHO, )
ss.
County of Ada )
.~ ~~~fi
On this ~~~~ day of ;;~ ~~~ r ~~~-rC~ ~. ~~ ~ , 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at: 1~ i>x ~ G,~ c ~~c
Commission Expires: 1 C~ ° ~ ~ - I I
Sewer Main Easement 4 of 4 Sewer Easement.doc
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Exhibit "A". Leoal Description of Sewer Easement
An easement for sanitary sewer located in the NW ~/a of the SE Ya of Section 13, Township 3
North, Range 1 West, Boise Meridian, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter marking the northeast corner of said NW 1/a of the SE ~/a
(CE 1/16th Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said
NW ~/a of the SE'/a bears N 89°52'22" W a distance of 1321.56 feet;
Thence S 0°19'56" W along the easterly boundary of said NW Ya of the SE '/a a distance of
20.99 feet to a point on the southerly right-of-way of Waltman Lane;
Thence N 89°41'56" W along said southerly right-of-way a distance of 60.88 feet to the POINT
OF BEGINNING;
Thence leaving said southerly right-of-way S 63°46'05" W a distance of 83.31 feet to a point;
Thence N 23°39'48" W a distance of 40.72 feet to a point on the southerly right-of-way of
Waltman Lane;
Thence S 89°41'56" E along said southerly right-of-way a distance of 91.07 feet to the POINT
OF BEGINNING.
This parcel contains 1,695 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS `~Npl L OS
Land Solutions, PC
Revised January 4, 2006 ~`~G~ F ~~
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Memo
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer ~~~~
CC: File
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FEB 1 7 2006
~f T. Y o-= r~~c~idiar~
Date: 2/17/06
Re: Sanitary Sewer Easemewnt for Waltman Lane Sewer Extension
Attached is the original above referenced document for your files.
• Page 1
Meridian City Council
January 24, 2006
Page 2 of 55
leaders and on behalf of all of the citizenry tonight, God, it has fallen my place to thank
you for that. I pray that you will bless their lives. I thank you for the hours that they give
way beyond what they are fairly paid from our tax dollars for their service, for many that
are volunteers here tonight, God, are affected. It looks to me like, God, from the turnout
tonight that there isn't that many controversial things on the agenda or there would
probably be more people in these chambers. So, I kind of pray tonight that maybe the
meeting will go swiftly and they can get home to their families and you can bless them in
the way. I thank you for people that are willing to step up to the plate and be wiling to
make decisions that knowing in coming to these meetings week after week and know
that a lot of folks are going to be mad at them when the meeting's over with and we give
them that, that they are making decisions out of a good conscience. I pray that you will
bless them with wisdom, because there are people, I suppose, that come to this
meeting with high hopes that a decision will be made that makes their life better and
how it aids them. I pray for just good judicial judgment in this meeting tonight. Father,
again, thank you for the privilege of living in this place. We pray that you would bless
our future. We are a rapidly growing community, more so than just about anyplace in
this nation, and that brings us both blessings and problems. So, give these folks an
extra measure of wisdom tonight to sort that out just a little bit more for your glory and
for your kingdom's sake, in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Moore. Item No. 4 is the Consent Agenda -- I mean
adoption of the agenda. Mr. Bird.
Bird: Thank you, Madam Mayor. We do have an addition, which I will also go through
when I go through the Consent Agenda. We do have an Item X, which is a request for
license for Nampa-Meridian Irrigation District for the Waltman Lane sewer extension,
which has been okayed by the city attorney. And we have two resolutions in our
Consent Agenda, 06-501 and 06-502. In our regular agenda, Item No. 14, an
ordinance, has been asked to be continued to February 6, 2006. And Item 13 is a
resolution, which is No. 06-503. With that I move we -- I'm sorry. Yeah. Item A in the
Consent Agenda would also be tabled to February 6, 2006. And with that I move that
we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. We have a motion to approve the agenda as amended. Is there any
discussion? All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Tabled from January 17, 2006: Development Agreement: AZ
05-017 Request for Annexation and Zoning of 137.96 acres from
Meridian City Council
January 24, 2006
Page 3 of 55
RUT to R-8 zone for Messina Meadows Subdivision by Tuscany
Development, Inc. - on South Eagle Road between East Victory
Road and East Amity Road:
B. Approve Minutes of January 10, 2006 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: VAR
05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed
maximum structure size for a temporary sales trailer in the R-4
zone for Redfeather Estates No. 2 by Packard Estates
Development, LLC - 4132 East Race Street:
D. Findings of Fact and Conclusions of Law for Approval: AZ 05-
046 Request for Annexation and Zoning of 31.72 acres from RUT
to R-4 zone for Estancia Subdivision by Gemstar Development,
LLC - 1990 East Amity Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
049 Request for Preliminary Plat approval of 103 single-family
residential building lots and 7 common lots on 31.72 acres in a
proposed R-4 zone for Estancia Subdivision by Gemstar
Development, LLC - 1990 East Amity Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 05-
042 Request for Annexation and Zoning of 9.63 acres from RUT to
R-8 zone for Medford Place Subdivision by Dyver Development,
LLC - 3335 South Eagle Road:
G. Findings of Fact and Conclusions of Law for Approval: PP 05-
043 Request for Preliminary Plat approval of 29 single-family
residential building lots and 8 common area lots on 8.57 acres in a
proposed R-8 zone for Medford Place Subdivision by Dyver
Development, LLC - 3335 South Eagle Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
05-044 Request for approval of a Conditional Use Permit for a
Planned Development for Medford Place Subdivision that
includes reductions to the minimum requirements for lot size and
street frontage by Dyver Development, LLC - 3335 South Eagle
Road:
I. Water Main Easement Agreement for Seventh Dav Adventist
Church:
J. Streetlight Agreement for Redfeather Subdivision No. 6 by
Packard Estates, LLC:
Meridian City Council
January 24, 2006
Page 4 of 55
K. Streetlight Agreement for Redfeather Subdivision No. 7 by
Packard Estates, LLC:
L. Public Works Budget Amendment for South Area Treatment
and Lift Station Proiect:
M. Change Order No. 1 for the Black Cat Lift Station with JC
Constructors, Inc.:
N. Permanent and Temporary Easement Contract for the Pine
Interceptor Sewer Project:
O. Temporary Construction Easement Agreement for Waltman
Lane Sewer Extension at Ten Mile Creek:
P. Sanitary Sewer Agreement for Waltman Lane Sewer Extension
at Ten Mile Creek:
Q. Water Main Easement Agreement for Newton's Nook by
Pennwood III, LLC:
R. Contract to Commission Artwork for the Meridian Gatewa
between the City of Meridian and Sculptures by BJH, LLC:
S. Contract with Dave McClaren Well Drilling for Rehabilitation
and Redevelopment of Well # 17:
T. Agreement for Professional Services for Wastewater
Pretreatment On-Going Services Pretreatment Services:
U. Resolution No. 06-501 Destruction of Records -Old
Election Ballots:
V. Resolution No. 06-502 :Destruction of Records -Old
Prosecution Records:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As I stated, Item A on the Consent Agenda needs to be tabled to February 6,
2006. We also have Resolution 06-501, 06-502 and we have an addition, which is Item
X, which is a request for license with Nampa-Meridian Irrigation District for Waltman
Meridian City Council
January 24, 2006
Page 5 of 55
Lane sewer extension. All these have been properly signed, are waiting for the Mayor
to sign and the Clerk to attest, which is part of my motion.
De Weerd: Do I have a second?
Wardle: Second.
De Weerd: Okay. Motion by Mr. Bird, Second by Mr. Wardle.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just for clarification, on Item No. R, is that for Main Street and Eagle Road or
one -- or just Main Street? What's the location?
De Weerd: Most immediate would be the Main Street over by KFC.
Rountree: So, we wouldn't be at this point commissioning work that would be on Eagle
Road?
De Weerd: Not until ITD tell us we can.
Rountree: Okay.
De Weerd: And --
Rountree: That helps.
De Weerd: --gives me a budget.
Rountree: And that helps when you get a budget.
De Weerd: Yeah.
Rountree: Okay. Thank you.
De Weerd: Uh-huh. Any other questions? Thank you. Mr. Berg, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports: