Sanitary Sewer Easement with Janicek Properties, LLC for Black CatADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 10
BOISE IDAHO 06!16!06 10:44 AM
DEPUTY Neava Haney
RECORDED-REQUEST OF III I~IIIIIIIIII'llllll'IIIIIIII II I I
Meridian City 1 ~~~~~~~~
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
BLACK CAT SEWER
JANICEK PROPERTIES LLC
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 24th day of February , 2006, by the undersigned Janicek
Properties LLC, who maintains a mailing address of 1284 S. Gosling Way, Eagle, ID
83616, 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, 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, and B-2.3)
The permanent easement hereby granted is for the purpose of the 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 easements are 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 easement.
SANITARY SEWER EASEMENT, Page 1 of 2
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.
Gri"~Tifor
Janicek roperties LLC
By: Brad Janicek
STATE OF IDAHO)
ss
County of Ada )
cc}} ``
-~~ C.e.~,~ ~~~c~~~
iGr~ntor
Janicek Properties LLC
By: LouAnn Janicek
On this day of , 2006, before me .~~~~'NE ~ . S PEN~E2,
personally appeared !~ ,4iynr T~ti~cEi~~,B,eAo J'rlilroved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
~.•` NE L. Sp~•k
o Nort~Rr ~
.....
pU B LAG
.~
~a F pF ~O ~~
Beneficiary: CITY OF MERIDIAN
By ~~
Tammy de W~
,Mayor
ATTEST:~J/i~ ~~L. /-~
William Berg, Jr., City
Date approved by Council:
SANITARY SEWER EASEMENT,
NOTARY PUBLIC FOR I HO
My Commission Expires on ~a~.,4. 7 iii
,1,~
,~~~
,~ '~-;
,~ ~:>.
F~
,\ ~~~'
i
,,
erk ^'
A
~,3 ~ ~0
age 2 of 2
~ ~
T ~~ 1;
`y9
~~ ''
~1M. ~ ... •~`t
Project: 11873
Date: February 14, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Northeast'/a 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 Northeast Ya of Section 15; thence along the Westerly boundary
line of said Northeast'/a, South 00°20'36" West, 1,328.97 feet to the POINT OF BEGINNING;
thence along the Northerly boundary of the South Yz of said Northeast'/, South 89° 15'05" East, 17.97 feet;
thence South 27°02'04" East, 244.47 feet;
thence South 62° 57'56" West, 43.24 feet;
thence parallel with and 92.00 feet East of said Westerly boundary line of the Northeast'/,, South 00°20'36"
West, 1,060.53 feet to a point 32.00 feet North of the Southerly boundary line of said Northeast Ya;
thence parallel with and 32.00 feet North of said Southerly boundary line South 89°14'47" East, 753.75 feet;
thence North 87°38'17" East, 533.57 feet;
thence parallel with and 61.00 feet North of said Southerly boundary line South 89° 14'47" East, 759.47 feet;
thence South 61 ° 54'41" East, 132.84 feet to a point on said Southerly boundary;
thence along said Southerly boundary line North 89°14'47" West, 69.69 feet;
thence North 61 ° 54'41" West, 63.15 feet;
thence parallel with and 29.00 feet North of said Southerly boundary line North 89°14'47" West, 750.82 feet;
thence South 87° 38'17" West, 533.57 feet to a point on said Southerly boundary line;
thence along said Southerly boundary line North 89° 14'47" West, 786.39 feet;
thence parallel with and 60.00 feet East of said Westerly boundary line of the Northeast'/a, North 00°20'36"
East, 1,111.77 feet;
thence North 62 ° 57'56" East, 30.70 feet;
thence North 27°02'04" West, 189.77 feet to a point on said Westerly boundary line;
thence along said Westerly boundary line North 00°20'36" East, 35.01 feet to the POINT OF BEGINNING.
Containing 2.576 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
I \ ~ff F
8575
z-I ~l-rte ~
~p 9lF 0f \~P ~
V
RMH/geh:lhc
P:\PHK\11873-Black Cat\Easements\Final Easements\Black Cat\JANICEK-PERM-NE SEC 15.doc
a~ /~N89'14'47"W
69.69'
yTO~~% ~ /
~~ f i
f I I !3
I I / ~ iA
~~
I I I z
~ I
~ ~I IN
~ ~ I I DD
Ol
~ ~I I~
~ I I
~ I
I I I3
W
~I Ia
~ ~I t
~ v°Dil IZ
~ I I
~ I I
~ I
~ I
I I I
~ I
I I I
~ ;I I~
~ MI I~
"I I
{ I i
~ ~] L~ I I i
~~ I ~I I^
I ~I I
~ ~I I
I ZI I"
qpo I I I
2
SCALE: 1 "=200' / ~ ~f I
NW 1/4 COR.
SEC. 15
i ;~~ ~~,
8575 ~ ~ M I I
~ n~~~
s~ Z./ y-Ob~°
3 ~p ~rE O F ~~' v~ I I I
~~ Nql ~ ~. ~~~ ~ ^ 113
N~ I ~I I~
A. .~ ~ ._ .~ ~. _ ,~ _ _ ~ ._. -h- - - -J ~ ODD
°^'. .Lk~'% ~ ~ ~ ~ ` ' S00'20'36"W 1060.32' I I Z
~~ Zo,,+~~/~ ~----------------~,----J I
~ S`L~///•0~',~ /~~----- N00'20'36"E 1111.77' -~-----J
/~ i° o
i~ ~`
N00'20'36"E iv M
P.O.B. 35.01' z
TMI°°°D°'.~ENT,"NDT~~nrc°'wo'aT®"EREIN ~DFl~~~~~ ~ EXHIBITA-2 SHEET
AB AN 0i8TiTUI.IENT OF PROFEHSIONAL SERVICE. 03 THE PROPERTY OF PROJ. Y. 11!'7] I
Jdli ENTNTJeen0, 1... AND 0i NOT TO EE USED, IN WHOIE OR PARE.
FOR ANV 07FER PROJECT WRHOUT THE E%PRE98 WRITTEN PLOT SCALE: 1200 ~~" ~. ~ ~ 1
AUTHORI7ATION OF.Wi ENONNEERt, Y". DMWIND NO.:
oRAwTJev: rout ~ OF
°~B'°"B'" °E1 '~""~"• JANICEK PERMANENT SEWER EASEMENT 1
I RIPTION _... BV PR DATE CFIECNED BY: RNH
Project: 11873
Date: February 14, 2006
EXHIBIT B-1
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
EASEMENT B-1.1
That portion of the Northeast'/a 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 Northeast'/a of Section 15; thence along the Westerly
boundary line of said Northeast'/4, South 00°20'36" West, 1,363.98 feet to the POINT OF BEGINNING;
thence South 27°02'04" East, 189.77 feet;
thence South 62°57'56" West, 30.70 feet;
thence parallel with and 60.00 feet East of said Westerly boundary line South 00°20'36" West,
41.96 feet;
thence North 27°02'04" West, 130.48 feet to said Westerly boundary line;
thence along said Westerly boundary line North 00°20'36" East, 108.73 feet to the POINT OF
BEGINNING.
Containing 0.171 acres, more or less.
TOGETHER WITH:
EASEMENT B-1.2
That portion of the Northeast'/a 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 Northeast'/4 of Section 15; thence South 04° 54'14" East,
1,552.70 feet to the POINT OF BEGINNING;
thence parallel with and 142 feet Easterly of the Westerly boundary of said Northeast'/a,
South 00°20'36" West, 1,030.77 feet to a point 82 feet North of the Southerly line of said Northeast'/a;
thence parallel with and 82 feet North of said Southerly line South 89 ° 14'47" East, 702.74 feet;
thence North 87° 38'17" East, 533.57 feet;
thence parallel with and 111 feet North of said Southerly line South 89° 14'47" East, 664.10 feet;
thence South 61 ° 54'41 " East, 108.89 feet;
thence parallel with and 61.00 feet North of said Southerly line North 89 ° 14'47" West, 759.47 feet;
thence South 87° 38'17" West, 533.57 feet;
Exhibit B-1
Parcel Description
Temporary Construction Easement
February 14, 2006
Page 2
thence parallel with and 32.00 feet North of said Southerly line North 89 ° 14'47" West, 753.75 feet to a
point 92.00 feet East of said Westerly boundary of the Northeast'/a;
thence parallel with and 92.00 feet East of said Westerly boundary North 00°20'36" East, 1,060.53 feet;
thence North 62 ° 57'56" East, 43.24 feet;
thence South 89°39'24" East, 11.60 feet to the POINT OF BEGINNING.
Contai ng 3.466 ac es, more or less.
END OF DESCRIPTION
TOGETHER WITH:
EASEMENT B-1.3
That portion of the Northeast'/a 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 Southeast corner of said Northeast'/, of Section 15; thence North 89°14'47" West,
444.54 feet along the South boundary line of said Northeast'/a to the POINT OF BEGINNING;
thence continuing North 89° 14'47" West along said line, 108.89 feet;
thence North 61 ° 54'41" West, 63.15 feet;
thence parallel with and 29.00 feet North of said Southerly boundary line South 89°14'47" East, 108.89
feet;
then th 61 ° 54'41" East, 63.15 feet to the POINT OF BEGINNING.
Contain ng 0.072 a es, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
,_.
o ~'
8575
z ~~K•vbs
~p 9lF ~F \OP <
~~ ~ ~ M . N~
RMH/geh:lhc
P:\PHK\11873-Black Cat\Easements\Final Easements\Black Cat\JANICEK-TEMP-NE SEC 15.doc
/
~
/f
I
~
I
I
I
I
I
I /I I I
II/
I I'
I I
i I
I i
I
I
I I
I I
I
I
I
I
I
I
I
I
4
I
J C~ !
~~ I
I
4
t , I
I I
I I
I I
I i
I
f i
I I
I i
l
I I
i i
I i
i I
z I
I I I
I
~~ ~
SCALE: 1 =200 I
i I I
I
I
~, A I
1 I 1
I I
i I
~
o
8575 ~
I i ,
~ ,
~,, Z ~~N-v~ I
~
l
~~ I
f O F ~~
~p ~ I
3 O
N
I
o '~~ ~ trl . ~~ I
I
~^ I I
~~ I I
N
800'2-0 36'~W_.._. _.
- ._.. - .._. _ .r - .~. _..y. - .._ . _ - - _._.. _. _ _ - _ ...._ J
I
~~ r
-4196
0~` I
NW 1 4 COR.
1 _,_....W -
0'y
!
ti
j/ ..._ - ._._. - - .~ - _.._ ~..__ _. - .._ ._ _. _.._ - . ~ J
SEC.
5 ~ _._---
N
j ......-_._.._ _._.-----_.. _._..._.--.~ _..
.
'
" /~
/ '0~
S00
20
36
W /_
~
~$
1363.98' NZ
1~
1
O
B
P N00'20'36"E
'
.
.
. 108.73
Tw3D000NENT,ANDT~ 3TDT~4INCORPORATEDNEt+E9V CIIUPRE:JAN-TFAIP-1 ~ EXHIBIT B-Z
1 SHEET
AS AN W9TRUMENT OF PROFESSIONAL SERVICE, 18 THE PROPERTY OF
JL~S EN031lER3, YIe AND IS NOT TO BE USED, W WHOIE OR PART,
FORANV OTHER PROIECf WffNOUT THE fd(PRESS WRITTEN PROD. t. 11379
PLOT SCALE: 1:130 ~~. ~"~ .
AU7HORIIATKN! OF J~U.3 f]WINfiEfD1, 31e. DMWNA3 NO.:
~
oRAWNev: eAK OF
°~1ON81" °°' •~"" a"`• JANICEK TEMPORARY CONSTRUCTION EASEMENT
1 3
R I E RIP P AT CHE KED SV: RLNI -
~1
I+
~ ~
~
.
/
~ ~~~ I (
~~~
I I 1
I I I
I I
of ~gi
~I ICI
I 1^ i
I I
III
WI 131
a) I~1
rn
r1 ICI
NI
Izl
I I
I I I
J~
~~ I I I
I I i
~ ~ f
I I I
I I
I-~
MI II
2 ~ I i" I
SCALE: 1 "=200' I I
I
I
WI 131
L~ I
1 ~~c ~- In I
= I I~ I
8575 ~ I I
~~- z•iyo~~~ I I
?~0 ~rF pF \0' v~
Nql
~~~ ~ I E^ 1
D M. o I I~ I
I I^ f
j
W
No WI 131
f~
~I I~1
:~`~
^ rl Ir
f
NW 1/4 COR. P.O.B. °~
'
'
"
' i°I 1°D
Z 1
SEC. 15 _ _ _ _ S00
W _ 1030.77
20
36
5045414"E - ~- ______ _~~_J I 1
_
- - 1552.70' °
/ ----------------
----'~---J I
/ „r '~ N00'20'36"E 1060.53'
.^ ~,, ,r- ---- ___. _..._.._ ~ ~ ~ . ~ ~ _.. ~ ~ _._ _... _
......_ ___. __. _... _ ~ ._J
~°' ° ~ ° r ° N'62'57"E
- •-~ 43.24'
THIa DOCUMENr,AND TN~t"ST6u~INCORPORATED HEREIN ~°f7LE. JJW TfA1P-4 l EXHIBIT B-2.2 SHEET
A8 AN a7aTRU1AENT of PRafE9910NAt SERVICE, Ia THE PROPERrv of PRQI. r. 11a/a /'~
YU~ ENOMEERa, Yle. ANO K7 NOT 10 BE USED, IN WHOLE OR PART.
T
%PRE98 WRITTEN PLOT 9CALE:1203 ~~" ~ G
fORANY OTHER PROJECT WT
NOUTTHE E
AUTHORWTION OF JLi ENONIECRa, Nla DRAWINfi NO.:
DRAWN eY: eAK ~
OF
°~41ONB'" °E" •~~• JANICEK TEMPORARY CONSTRUCTION EASEMENT-2 3
REVISN)N DESCRIPTION SY RR DAT NECKED SY: RLa1. _ _.
NE 1/4 COR.
3 SEC. 15
n
~ .
d
~
r ~
z
P.0.8.
/
S61'54'41"E
63.t5' ~
/~ I ^ ~
~ao
a, o
t
''i ~ I
Z
n
( ~~ o ~
N61'S4'41 "W
i ~ 63.15'
I
i
~~ ~'
I t i
C ~ I
i i I
i i
I ! f
J~ I I
~ ~~
,„
I ~i
~ i,
I ,I
I it
s SCALE: 1 "=200' i l
l I I
i i I
~, N i I l
~ i 1
' i I
855 ~ i I
~' 'lF of ~°~ v~ ~
~'rq~ O M. ~p0 I i t
1 I
1 ~
y .~~
~° "~
I ,
I
i i
~ j
I j
. ~
I
`~
!
t ..__ _.«_ ._...1
y... . ry _,.., ~
~~
11115 OOCUNENT, AND TR I INCORPORATED HEAEM DAD FRE:.~-TEMP ~- EXHIBIT B-2.3 SHEET
AS AN INSTRUMENT OF PROFEB9IONAL SERVICE, N7HE PROPERTY OF PROJ.f 11879
Jdl~ ENDWE[R8, Yla ANO 0; NOT TO BE USED. IN WHOLE OR PART
PLOT SCALE: 1200 ~~.
FOR ANV OTHER PROJECT WDHOIIT THE E%PRE88 WRRTEN
AUTHORIZATNNJ OF JdJ~ EMOINEERB, Nw.
DMWIND ND.:
OF
DMWN BV: BAK
DESNiN eY: GEH .a.Y.d..• JANICEK TEMPORARY CONSTRUCTION EASEMENT-3 3
uD RFVIRNIN DFRf:RIPTIDN RV PR DATE CHECNEO BV_ RAMI __
Meridian City Council
May 23, 2006
Page 4 of 74
Creek Subdivision by Pacific Landmark Development - 5603
North Locust Grove Road:
G. Findings of Fact and Conclusions of Law and Order for Denial:
AZ 06-012 Request for Annexation and Zoning of 9.43 acres from
RUT to R-2 for Hendrickson Subdivision by Kingsbridge
Subdivision, LLC - 4240 East Bott Lane:
H. Findings of Fact and Conclusions of Law and Order for Denial:
PP 06-010 Request for a Preliminary Plat approval for 18 single-
family residential lots and 4 common lots on 9.43 acres in a
proposed R-2 zone for Hendrickson Subdivision by Kingsbridge
Properties, LLC - 4240 East Bott Lane:
Approve Permanent and Temporary Easement Contract for the
Black Cat Phase 2 Sewer Project:
J. Approve Contract for Professional Services with Jim Cox for
the Biosolids Improvement Project Review:
K. Approve Supplemental Agreement with Civil Survey
Consultants for Acquisition of Sewer Easements for ACHD
Overland Road, Linder to Meridian Project:
L. Approve Reimbursement Agreement with Tuscany
Development, Inc. for construction of oversized sewer through
Tuscany Lakes, Tuscany Village, Glacier Springs, Messina
Village and Messina Hills subdivisions:
M. Approve Contract with A.M.E. Electronics. Inc. for Power and
Radio Installation at three PRV Sites:
N. Approve Bid Award for Adventure Island Splash Pad to
Recreation Idaho, Inc.:
O. Approve Access Easement Between the Citv of Meridian
(Grantor) and ACHD (Grantee) on Lot 21 of the Amended Plat
of Block 1 of the Townsite of Meridian (55 East Broadway)
requested as a Condition of the Creamery Alley Vacation:
De Weerd: Item 6, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
May 23, 2006
Page 5 of 74
Bird: I'd move we approve the Consent Agenda as published and for the Mayor to sign
and the Clerk to attest on all papers.
Wardle: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Department Reports:
A. Planning Department
1. Discussion with Shawn Nickel on the proposed
expansion of the Treasure Valley Veterinary Hospital by
Theresa Shackleford:
De Weerd: Item 7. Department reports. We will start with the planning department.
Anna.
Canning: Madam Mayor, Members of the Council, I have suggested that Mr. Shawn
Nickel come and talk to you tonight. We have been working with Shawn and the
owners of some property on Meridian Road to work on the expansion of their current
business and to also bring it into the city and reach their eventual development plans. I
think we have been working on and off for about a year. They have decided at this
point that they are not ready to commit to the full development of the property, so they
would like to go and apply with Ada County to expand their Conditional Use Permit.
They are not required to annex into the city by our agreement with Ada County, but they
just wanted to come and talk to you and let you know what their plans were, when that
referral came from Ada County that you would know what their plans were. So, with
that I would suggest that you allow Mr. Nickel to speak briefly.
De Weerd: Mr. Nickel.
Nickel: Thank you, Madam Mayor and Council for the opportunity. I will be brief.
De Weerd: If you will, please, state your name and address.
Nickel: Shawn Nickel. 839 East Winding Creek, Suite 201, in Eagle.
De Weerd: Thank you.