Sanitary Sewer and Water Main Easement with Kimball Properties for Bonito No. 2, WH Moore ShellADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 0511810fi 02:03 PM
DEPUTY Neava Haney II I I I II II I II I II VIII I I II ~ II I I II II I III
RECORDED-REQUEST OF lE}6E178~~4
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of, 20 between fS c ~~~ p~P"' cieS ~ 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, togetherwith 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 forever.
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 SW
MAIN.doc
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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 of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
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Secretary
STATE OF IDAHO )
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County of Ada )
On this ~,,_~ day of , 20Q~, before e, the undersigned, a Notary
rublic in and fir said Statc, personally appeared (.,~ ~ ~u ~ c ~GYJ~''e- and ~
kno n o identified to me to be the F~~~-~aP~
S~~ +as, rP~~~*~- °~•~ of the h'~`"''~t'>4'at executed the within instrument, and
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acknowledged to me that such eei~e~at~nn.,executed the same.
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IN WITNESS WHEREOF, I have
and
written.
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Sanitary ~w~,t~d Water ILMi~
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my hand and affixed my official seal the day
NQTARY ~~~~R IDAHO
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GRANTEE: CITY OF MERIDIAN ~,,, ~ ~ ~ ~ ~ ~,,;; ~~
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Tammy e Wee ayor
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Attest by William G. Berg ity Jerk ,,~*``
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this~_day of ~ ~ ~ ~` ' ` , 2~ 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.
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(SEAL)
Sanitary Sewer and Water Main Easement
MAIN.doc
NOTARY PUBLIC OR IDAHO
Residing at: ~' , ~' ~jl~ ~.9c~'
Commission Expires: lG -l.S~-l~
EASMT SW
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 • FAX 208-323-2399
boise~toengrco.com
Project: 05191
Date: Apri125, 2006
Page: 1 of 1
EXHIBIT "A"
Waterline Easement -Lot 11, Block 4 of Bonito Subdivision No. 2
A 10-foot wide strip of land situated within Lot 11, Block 4 of Bonito Subdivision No.
2, in the NE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, as filed in Book 92 of Plats at Pages 10877 through 10879,
located 5-feet on each side of the following described centerline:
COMMENCING at a point marking the northeasterly corner of said Lot 11; thence,
along the easterly line of said Lot 11,
A) 5.00°00'00"W., 49.14 feet; thence, leaving said easterly line,
B) 5.90°00'00"W., 10.78 feet the POINT OF BEGINI~TING; thence, continuing
1) S.90°00'00"W., 48.00 feet to the POINT OF TERMINUS.
H:\05191\WPtiles\SURVEY DESCRIPTIONS\ExhA-WATERLINE EASEMENT.doc
BOISE COEUR d'ALENE CALDWELL
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EXHIBIT "B -WATERLINE EASEMENT
~ LOT 11, BLOCK 4-BONITO SUBDIVISION N0. 2
~ LOCATED IN THE NE 1/4 SECTION 20, e••w
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
0 0 15 30 60 90
g LOT 8, BLOCK 4 ._~
~ BONITO SUBDIVISION N0. 2
"POINT OF COMMENCEMENT"
NE CDR. LOT 11, BLOCK 4
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TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 FAX: 208-323-2399
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Meridian City Council
May 9, 2006
Page 2 of 54
to get permission to travel. They can't say what they really think about political
positions. And worse than that, God, they are being punished or held violently against
their will. We thank you that we live in such a land. We thank you that we live in a such
a community where there is peace and we don't have roadside bombings and there is
no conflict in that sense as there is in Iraq. We pray for those from our community who
are serving and keeping such freedoms ours and we promise to do our little bit to keep
this world better and our community better. I pray tonight as decisions are made that
will impact not just tonight, but for as far as a human might see, that you would direct
the decisions of this meeting, give insight and wisdom and judgment to our Council and
to our Mayor, to those who testify, to other city officials and servants. Bless them for the
time they spend. Bless their families for the time they sacrifice and give as well to this
community sometimes in quiet unseen ways. And we pray, God, that -- that we would
be caretakers of this world that you have given us. We pray that you would remind us in
our quiet moments ourselves when we are in a traffic jam or we are in a crowded line at
a store buying something, where ever it is, God, and we have the pressure of every day
life, that we'd realize what -- what could happen if we just smile or be friendly and
express concern one to the other. We are grateful to be citizens with such
opportunities, in the name of Jesus Christ, I pray, amen.
De Weerd: Thank you, Pastor Moore. And congratulations on the sale of your church.
Moore: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: We look forward to seeing your project. Item No. 4, adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have a couple things in the Consent Agenda
but on the regular agenda, resolution number on Item
number on 22 is 06-1231. With that I would move
published.
Rountree: Second.
which I will do when we do that,
21 is 06-519 and the ordinance
that we approve the agenda as
De Weerd: Okay. The motion is to approve the agenda as presented. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
Meridian City Council
May 9, 2006
Page 3 of 54
A. Findings of Fact and Conclusions of Law for Approval: AZ 05-
051 Request for Annexation and Zoning of 12.84 acres from RUT
to R-15 zone for Ellensburq Subdivision by Centennial
Development, LLC -northwest corner of North Ten Mile Road and
West Pine Avenue:
B. Findings of Fact and Conclusions of Law for Approval: PP 05-
052 Request for Preliminary Plat approval of 41 building lots and 4
common lots on 12.84 acres in a proposed R-15 zone for
Ellensburq Subdivision by Centennial Development, LLC -
northwest corner of North Ten Mile Road and West Pine Avenue:
C. Findings of Fact and Conclusions of Law for Approval: CUP
05-047 Request fora Conditional Use Permit fora Planned
Development for multi-family residential units with a request for
reductions to the street frontage requirements for Ellensburq
Subdivision by Centennial Development, LLC -northwest corner
of North Ten Mile Road and West Pine Avenue:
D. Findings of Fact and Conclusions of Law for Approval: AZ 05-
064 Request for Annexation and Zoning of 116.81 acres from RUT
to R-8 zone for Bear Creek West Subdivision by Tuscany
Development, Inc. -south of West Overland Road and west of
South Stoddard Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
064 Request for Preliminary Plat approval of 321 building lots and
34 common lots on 116.81 acres in a proposed R-8 zone for Bear
Creek West Subdivision by Tuscany Development, Inc. -south
of West Overland Road and west of South Stoddard Road:
F. Findings of Fact and Conclusions of Law for Approval: VAR
05-026 Request for a Variance to exceed maximum block lengths
in a proposed R-8 zone for Bear Creek West Subdivision by
Tuscany Development, Inc. -south of Overland Road, east of
Linder Road and west of Stoddard Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 05-
038 Request for Annexation and Zoning of 38.5 acres from RUT to
R-8 zone for Irvine Subdivision by Dyver Development, LLC -
southeast corner of Ten Mile Road and Chinden Boulevard:
H. Findings of Fact and Conclusions of Law for Approval: PP 05-
037 Request for Preliminary Plat approval of 175 single-family
residential building lots and 12 common lots on 38.5 acres in a
Meridian City Council
May 9, 2006
Page 4 of 54
proposed R-8 zone for Irvine Subdivision by Dyver Development,
LLC -southeast corner of Ten Mile Road and Chinden Boulevard:
I. Development Agreement - RZ 05-020 Request for a Rezone of
.17 acres from R-4 to O-T zones for operation of a barber shop for
Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian
Road:
J. Approve Sanitary Sewer and Water Main Easement Agreement
for WH Moore Shell by Kimball Properties, LP:
L. Approve Contract for the Blackstone Lift Station Abandonment
with Star Construction, LLC:
M. Approve Change Order No. 2 for the Black Cat Trunk Sewer
Phase 1 Proiect with Bodiford Construction, Inc.:
N. Approve Contract for Task Order, Scope of Work and Budget
for Professional Services for the Meridian Plan Check with
CH2M Hill:
O. Approve Contract for the South Area Lift Station and Pipeline
Proiect Amendment No. 1 with CH2M Hill:
P. Approve Easement for Nampa Meridian Irrigation District at
Well 25 on Lot 1. Block 2 of Messina Hills Subdivision No 1 for
Ingress and Egress to, and for Installation, Operation, and
Maintenance of an Irrigation System Pump Station and
Associated Facilities:
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the Consent Agenda we have been asked to move Item K to 7-K on the
regular agenda. And Item Q to 7-Q on the regular agenda. And with that I move that
we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of K
and Q to the regular agenda. Is there any further discussion? Mr. Berg, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.