Sanitary Sewer Easement with Western Ada Recreation District for Pine Interceptor SewerADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 15
BOISE IDAHO 02!02!06 01:57 PM
DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIIIIII III IIII III III
RECORDED-REQUEST OF it3GE~17~64
City of Meridian
CITY OF MERIDIAN, IDAHO
PINE INTERCEPTOR SEWER
SANITARY SEWER EASEMENT
THIS INDENTURE, made this day of December, 2005 between Western Ada Recreation
District, 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 are willing 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 the Grantee; 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 a TEMPORARY CONSTRUCTION EASEMENT over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The temporary construction easement hereby granted is for the construction of a sewer line
on, adjoining, and abutting property owned by GRANTEE (the "Dominant Estate"), for
access and egress for equipment and vehicles, for construction, excavation, storage of earth
and other materials thereon, for surveying, and for all other reasonable uses that are
necessary, advisable or convenient to GRANTEE in connection with such sewer line
construction and improvement, and for ingress and egress to and from the Dominant Estate.
and the RIGHT-OF-WAY for a PERMANENT EASEMENT for the operation and
maintenance of a sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS C and D)
The permanent easement hereby granted is for the purpose of the 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.
Sewer Easement W Ada Rec Dist
easement.doc
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
any permanent structures or trees within ten feet (10') either side of the constructed sewer
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.
Sewer Easement W Ada Rec Dist
easement.doc
GRANTOR: WESTERN ADA RECREATION DISTRICT
Walt Morrow, Chairman
--~i~~
Secretary: Gladys Ingr
STATE OF IDAHO
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County of Ada )
Date approved by District: '/o? - b~
On this ~'y ~ day of ~a ~ v~~t~-w , 20 fj~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~/~/'d /'~" fM OY'~^OW and
~!'ud w s ~~! 9 ~ i-n ,known or identified to me to be the Chairman and
Secretary, respectively, of the District 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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Sewer Easement
easement.doc
W Ada Rec Dist
GRANTEE: CITY OF MERIDIAN
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Tammy de W ayor `\~~~~`,~•~ ~ ~''%,,~~
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Attest by William G. Ber , Jr., ity Clerk: ,~ w
Approved By City Council On: ! ~ Z + 9 T ~~~ ', ~ ~`~~
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STATE OF IDAHO, )
ss.
County of Ada )
On this _ Z~day of , 200, before me, the undersigned,
a Notary Public in and for said State, pers ally appear d 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.
.• A_ GL~,•.~
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Sewer Easement
easement.doc
NOTARY BLIC FOR ID O
Residing at:
Commission Expires:
W Ada Rec Dist
EXHIBIT A
Project: 11873
Grantor: Western Ada Recreation District
Parcel No: 51210131210
Date: November 9, 2005
Revised: December 15, 2005
Revised: January 5, 2006
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT - 1
That portion of the Southeast 1 /4 of the Northwest 1 /4 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 Northwest corner of Section 10; thence along the Westerly boundary of the
Northwest 1 /4 of the Northwest'/a of said section, South 00°20'51" West, 1,324.43 feet to the North
1 / 16 corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest
1 /4 of said section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10;
thence along the Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South
89° 13'56" East, 213.91 feet; thence South 00°46'17" West, 96.09 feet to the POINT OF BEGINNING;
thence South 83° 53'31" East, 126.97 feet;
thence South 21 ° 26'04" West, 38.70 feet;
thence North 77 ° 52'39" West, 52.49 feet;
thence North 81 ° 28'50" West, 89.56 feet;
thence North 47°44'17" East, 37.54 feet to the POINT OF BEGINNING.
Containing 0.099 acres, more or less.
TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 2
Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the
Northwest 1 /4 of the Northwest 1 /4 of said section, South 00° 20'51" West, 1,324.43 feet to the North
1 / 16 corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest
1 /4 of said section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10;
thence along the Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South
89° 13'56" East, 166.08 feet to the POINT OF BEGINNING;
thence continuing along said boundary, South 89° 13'56" East, 163.84 feet to the Southwest
corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho;
thence along the Southerly boundary of said Subdivision, South 77° 14'50" East, 23.99 feet;
thence South 41 ° 17'33" West, 17.35 feet;
thence South 21 ° 26'04" West, 61.71 feet;
Exhibit A
November 9, 2005
Revised: December 15, 2005
Revised: January 5, 2006
Page 2
thence North 83 ° 53'31" West, 117.56 feet;
thence South 47°44'17" West, 49.36 feet;
thence North 00°07'07" East, 98.65 feet to the POINT OF BEGINNING.
Containing 0.283 acres (12,348 square feet), more or less.
TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 3
Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the
Northwest 1 /4 of the Northwest 1 /4 of said section, South 00° 20'51" West, 1,324.43 feet to the North
1 /16 corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest
1 /4 of said section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10;
thence along the Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South
89 ° 13'56" East, 329.92 feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in
the official plat thereof, Ada County, Idaho; thence along the Southerly boundary of said subdivision,
thence South 77° 14'50" East, 58.14 feet to the POINT OF BEGINNING;
thence continuing along said boundary, South 77° 14'50" East, 641.73 feet;
thence South 04 ° 47'46" East, 43.84 feet;
thence North 77 ° 14'28" West, 671.08 feet;
thence North 21 ° 26'04" East, 16.96 feet;
thence North 41 ° 17'33" East, 28.42 feet to the POINT OF BEGINNING.
Containing 0.631 acres, more or less.
TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 4
That portion of the Southwest'/a of the Northeast'/a 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'/e corner of Section 10; thence along the Southerly boundary of the
Southeast'/a of the Northeast'/a of said section, North 89° 11'03" West, 1,327.73 feet; thence along the
Easterly boundary of the Southwest'/, of the Northeast'/4 of Section 10, North 00°28'47" East, 683.14
feet to the POINT OF BEGINNING;
thence South 89°40'19" West, 150.00 feet;
thence North 00 ° 28'40" East, 31.31 feet;
thence North 90°00'00" West, 521.36 feet;
thence North 57°41'20" West, 418.79 feet;
Exhibit A
November 9, 2005
Revised: December 15, 2005
Revised: January 5, 2006
Page 3
thence South 33 ° 33'51" West, 20.00 feet;
thence North 57°41'20" West, 30.00 feet;
thence North 32 ° 18'40" East, 100.00 feet;
thence South 57°41'20" East, 100.00 feet;
thence South 32 ° 18'40" West, 30.00 feet;
thence South 57°41'20" East, 334.74 feet;
thence North 90°00'00" East, 507.29 feet;
thence North 00 ° 28'40" East, 68.70 feet;
thence North 89°40'19" East, 150.00 feet to the Easterly boundary of the Southwest 1 /4 of the
Northeast 1 /4 of Section 10;
thence along said boundary, South 00°28'47" West, 150.00 feet to the POINT OF BEGINNING.
Containing 1.697 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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EXHIBIT C
Project: 11873
Grantor: Western Ada Recreation District
Parcel No: 51210131210
Date: November 9, 2005
Revised: December 15, 2005
Revised: December 20, 2005
PARCEL DESCRIPTION
PERMANENT SEWER LINE EASEMENT - 1
That portion of the Southeast 1 /4 of the Northwest 1 /4 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 Northwest corner of Section 10; thence along the Westerly boundary of the
Northwest 1 /4 of the Northwest 1 /4 of said section, South 00°20'51" West, 1,324.43 feet to the North 1 /16
corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said
section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10; thence along the
Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South 89° 13'56" East, 329.92
feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada
County, Idaho; thence along said boundary, South 77° 14'50" East, 23.99 feet to the POINT OF BEGINNING;
thence continuing along said boundary, South 77° 14'50" East, 34.15 feet;
thence South 41 ° 17'33" West, 28.42 feet;
thence South 21 ° 26'04" West, 79.34 feet;
thence North 83° 53'31" West, 126.97 feet;
thence South 47°44'17" West, 39.19 feet to the center line of Ten Mile Drain;
thence along said center line, North 79 ° 29'08" West, 37.68 feet;
thence North 47°44'17" East, 75.45 feet;
thence South 83 ° 53'31" East, 117.56 feet;
thence North 21 ° 26'04" East, 61.71 feet;
thence North 41 ° 17'33" East, 17.35 feet to the POINT OF BEGINNING.
Containing 0.188 acres (8,190 square feet), more or less.
END OF DESCRIPTION
TOGETHER WITH: PERMANENT SEWER LINE EASEMENT - 2
That portion of the Southwest 1 /4 of the Northeast 1 /4 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 1 /4 corner of Section 10; thence along the Southerly boundary of the
Southeast 1 /4 of the Northeast 1 /4 of said Section, North 89° 11'03" West, 1,327.73 feet; thence along the
Easterly boundary of the Southwest 1 /4 of the Northeast 1 /4 of Section 10, North 00° 28'47" East, 666.68 feet to
the POINT OF BEGINNING;
thence North 45 ° 00'00" West, 23.93 feet;
thence North 90°00'00" West, 662.76 feet;
thence North 57°41'20" West, 398.13 feet;
thence South 33°33'51" West, 32.77 feet to the center line of Ten Mile Drain;
Exhibit C
November 9, 2005
Revised: December 15, 2005
Revised: December 20, 2005
Revised: January 5, 2006
Page 2
thence along said center line, North 56°27'08" West, 30.00 feet;
thence North 33 ° 33'51" East, 62.13 feet;
thence South 57 ° 41'20" East, 418.79 feet;
thence North 90°00'00" East, 660.15 feet;
thence South 45 ° 00'00" East, 15.75 feet to the Easterly boundary of the Southwest 1 /4 of the
Northeast 1 /4 of Section 10;
thence along said boundary, South 00°28'47" West, 35.79 feet to the POINT OF BEGINNING.
Containing 0.781 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronatd M. Hodge, P.L.S.
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THIS DOCUMENT, AND THE DEAS AND DESID INCORPORATED HEREIN D"0 FlLE. W"P" E l- EXHIBIT D
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7MI8 DOCUMENT. AND THE K1EA3 AND OESIO INCORPoRATED HERFJN CAD flLE. WMR-F ~ EXH I B IT D SHEET
AS AN INSTRUMENT OF PROFE8310NAL SERVICE, IS THE PROPERTY OF PROD. ~: 11379
JLi EN03EERS,Ine. AN019 NOT TO BE USED, IN WlIOLE OR PART, PLOT 9CALE:1:100 (J.V.B~ WESTERN ADA RECREATION DISTRICT 2
FORANV OTHER PROJECT YATH01lT THE E%PRE88 WRITTEN
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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 Day 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 Project:
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 Gateway
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: