Sanitary Sewer Easement with Meridian School District for Arnke SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 06/29/06 02:43 PM
DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
City of Meridian 10~ i X4199
SANITARY SEWER EASEMENT
°~ THIS INDENTURE, made this ~ 3 day of ly'a' , 20~between ~°,P/./J~~.~:1 ~,ss/~~ ~L~;~,ei~~
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 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 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 a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the 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.
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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Sewer Main Easement EASMTSWRMAIN-
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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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Title
STATE OF IDAHO
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County of Ada )
On this ~3'=°~' day of , 200( ,before me, the undersigned, a Notary
Public in and for said State, perso ally appeared i-l hda Clavk and
known or identified to me to be
5~,yr~ ~ of the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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4'~ ~pTARp 9~ ~ NOTARY P BLIC FOR IDAHO
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GRANTEE: CITY OF MERIDIAN
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Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada ) v~} ~C,,E~ (~.~ . ~Y~Y~
~ C~. ~r ~ S ; c l.c ti`s On this ,~~ day of ~) ~ /`Zk~ , 20a3„before me, the undersi ed,
a Notary Public in and for said State, personally appeared and WILLIAM
G. BERG, JR., known to me to be the dyer and City Clerk, respectively, of the City of
Meri 'an, 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.
(SEAL)
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120 N. Curtis Road
Boise, Idaho 83706
(208) 376-8555
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P.N.2234 Decembe ,
PROPOSED ARNI~E SUBDIVISION
SEWER EASEMENT DESCRIPTION
A 20 foot wide strip of land located in the Northeast 1/4 of Section 11,
T.3N., R, l W., B.M., Meridian, Ada County, Idaho, and being more
particularly described as follows:
Commencing at the East 1/4 comer of said Section 11, from which the
Center 1/4 corner bears N 89°10'36" W, 2655.19 feet;
thence N 89°10'36" W along the South boundary of said Northeast 1/4, also
being the centerline of W. Pine Avenue for a distance of 1300.50 feet;
thence leaving said South boundary N 00°00'00" W for a distance of 299.11
feet to a sewer manhole being the REAL POINT OF BEGIr~iNING of said
20 foot strip of land lying 10 feet right and 10 feet left of the following
described centerline:
thence N 89°05'55" W for a distance of 244.58;
thence 5 00°51'32" W for a distance of 20.12 feet to the point of terminus of
said centerline and 20 foot wide strip of land;
Prepared by: Todd R. Waite P.L.S.
C:~Prc~jectslArnke (2234)\Documents~,ARNKEsewease.doal
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Meridian City Council
June 22, 2006
Page 3 of 37
I. Water Main Easement Agreement for Pathways Elementary
School by Meridian School District:
J. Permanent and Temporary Easement Contract for Vance and
Sandra Janicek for 2006 Trunk Sewer Project:
K. Change Order No. 1 for the North Slough Trunk Line with
Sommer Construction:
L. Ratification of Agreement consenting to security interest in
lessees leasehold interest at the Lakeview Golf Course:
M. Water Main Easement Agreement for Stow-It with Venga
Ventures, LLC:
N. Sanitary Sewer Easement Agreement for Arnke Subdivision by
Meridian School District:
O. 1St Amendment to Americorp Youth Coordinator Agreement
between the City of Meridian and Franklin L. `Bud' Henthorn:
P. Approve /Award Contract for Parks Master Pathway Plan to
Alta Planning and Design:
Q. Approve Contract and Scope of Work for Meridian Youth
Baseball Complex with McAlvain Construction:
R. Approve Contract with Recreation Idaho for the Adventure
Island Splash Pad Equipment Purchase:
S. SHP 06-004 Request for Short Plat approval for 2 building lots on
12.3 acres in an I-L zone for Lanark Surplus Subdivision by
Meridian Joint School District No. 2 - 2311 East Lanark Street:
T. Development Agreement: AZ 06-003 Annexation and Zoning of
24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and
C-C (3.68 acres) for Hightower Subdivision by Hightower, LLC -
southwest corner of Chinden Boulevard and Jericho Road:
U. Contract with Irminger Construction for Pressure Reducing
Valve near the intersection of Kodiak and Stoddard:
V. Resolution No. Water Master Plan
Update:
Meridian City Council
June 22, 2006
Page 4 of 37
W. Resolution No. Sewer Master Plan
Update:
Borton: Item No. 5, Consent Agenda.
Bird: Mr. Mayor?
Borton: Mr. Bird.
Bird: On the Consent Agenda, Items E, F, G and H have been asked to be continued to
June 27th, 2006, and the rest of the Consent Agenda will stay as is and for -- I move
that we approve it with the vice-president to sign and the clerk to attest on all papers.
Rountree: Second.
Borton: It's been moved and seconded to adopt the Consent Agenda as amended. All
in favor say aye. Roll call?
Berg: Mr. President, we will do roll call vote on the items in the Consent, any
documents that may need that, if I may.
Borton: Roll call on the Consent.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Legal Department -Bill Nary
1. Discussion of Community Recycling Fund for Solid
Waste Advisory Committee for Adventure Island
Playground:
Borton: Item No. 6, Department Reports. Legal department, Bill Nary.
Nary: Thank you, Mr. Mayor. Thank you, Mr. Mayor, Members of the Council. What
you have in front of you is a request from the Solid Waste Advisory Committee for the
recycling funds -- each of these projects as they come along during the course of the
year are bought back in front of you for separate approvals. What's being asked here is
25,000 dollars out of recycling funds, which is less than half of the cost of the total
project that's being presented. This is for the Adventure Island Playground at the
Settler's Park location. This was discussed and recommended by the Solid Waste
Committee to be brought back in front of you and to be funded from those recycling