Sanitary Sewer and Water Main Easement with Bittercreek, LLC for Mason CreekADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 03/08/07 01:36 PM
DEPUTX Patti Thompson II I I I II II IIII II I II I II II I I II I II I ~ I I III
RECORDED-REQUEST OF 107E13359~
City of Meridian
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this f ~ day of~, 2(~~between Bittercreek LLC, 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 D and C)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains 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.
Sanitary Sewer and Water Main Easement
BCLLC City of Meridian
Sanitary Sewer
Pa~,~
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.
Pitterc~eek LLC ~~
James .Jewett, aging member
STATE OF IDAHO )
ss
County of Ada )
On this day of " , 20~ before me, the undersigned, a Notary
Public in and for said State, personally appe ed James L. Jewett and, known or identified to
me to be the Managing Member, respectively, of the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS
and year fist.
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hereunto set my hand and affixed my official seal the day
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GRANTEE: CITY OF MERIDIAN
Sanitary Sewer and Water Main Easement
BCLLC City of Meridian
NOTARY PU LIC FOR IDAHO
Residing at:
Commission Expires:
Sanitary Sewer
Page„_!Df ~ •-
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Tammy de Weerd ayor ;~ C)' ~ a ~~
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Attest by William G. Berg, City Clerk = ~,`~' ,~'~;
Approved By City Council On: ~~~~ 'Z; , `~ .
1~l//t1i!!i4°~t'
STATE OF IDAHO, )
ss.
County of Ada )
On this ~ ~ t ~~ day of ~) ~~~, j ~ ~ ~._ : , 20`'1, 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.
~....••
(SEAL) ~ v~ 'ti' ; NOTARY PUBLIC FOR IDAHO
S ~ Residing at: -~~~~' (~j~~ -~~ ~E~
Commission Ex fires:
~....•
Sanitary Sewer and Water Main Easement Sanitary Sewer
BCLLC City of Meridian ,~
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ARR~~W
GPS, BOUNDARY,
TOPOGRAPHIC AND A.L.T.A.
SURVEYS
s • CONSTRUCTION STAKING
land Survev~nq, ~11C. 3D SCANNING
1121 F. State Street Suite 105 Eagle, Idaho 83616 office: 1-208-939-7373 fax: 1.208-939-7321
Job No. 06217
J.B.F.
2-14-07
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN
Sewer and Water Easement
Exhibit "D"
A Sewer Easement that is located in the North 1/2 of the Northwest 1/4 of Section 34,
Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described
as:
Commencing at the North Quarter corner of Section 34, Township 3 North, Range 1
West of the Boise Meridian, Ada County, Idaho and running thence S89° 18' 18"E
1307.13 feet to the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of said
Section; thence S00°38'53"W 1325.77 feet to the Southeast corner of the Northwest 1/4
of the Northeast 1/4 of said Section; thence N89°21'00"W 312.00 feet along the South
line of the Northwest 1/4 of the Northeast 1/4 of said Section to the terminus point of
South Bittercreek Ave.; thence S00°38'53"W 89.22 feet to a point of curve; thence
Southwesterly 347.97 feet along said curve to the right (Curve data: Radius=200.00',
Delta=99°41' 11', Chord Bearing and Distance= S50°29'28"W 305.71 feet); thence
N79°39'S6'W 196.12 feet to a point of curve; thence Westerly 326.33 feet along said
curve to the left (Curve data: Radius=500.00', Delta=37°23'41", Chord Bearing and
Distance=S81 °38' 13"W 320.57 feet) to a point of reverse curve; thence Westerly 192.78
feet along said curve to the right (Curve data: Radius=400.00', Delta=27°36'50", Chord
Bearing and Distance=S76°44'48"W 190.92 feet); thence N89°26'47"W 1217.28 feet;
thence N00°00'00"E 295.08 feet to a point of curve; thence Northerly 151.76 feet along
said curve to the right (Curve data: Radius=1020.00', Delta=08°31'29", Chord Bearing
and Distance=N04°15'45"E 151.62 feet); thence N76°10'41"W 25.10 feet to the Point of
Beginning (said point also being a point on a curve); thence Southerly 30.17 feet along
said curve to the left (Curve data: Radius=1045.00', Delta=l °39' 14", Chord Bearing and
Distance=S7°49'29"W 30.17 feet); thence N76°10'41"W 153.47 feet; thence
N66°00'00"W 112.52 feet to a point on a curve; thence Northeasterly 31.52 feet along
said curve to the left (Curve data: Radius=50.00', Delta=36°07' 19", Chord Bearing and
Distance=N34°17'00"E 31.00 feet}; thence S66°00'00"E 107.12 feet; thence
S76°10'41"E 144.79 feet to the point of beginning. ~
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LAND SURVEYING, INC.
1121 E. STATE STREET SURE 103; EAGLE. IAANO 43818 c DR! IIN. BY.• reF os-217
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ARR~~W
GPS, BOUNDARY,
TOPOGRAPHIC AND A.L.T.A.
SURVEYS
S . CONSTRUCTION STAKING
land Survevina, ~11C. 3D SCANNING
1121 E. State Street Suite 185 Eogle, Idoho 83b1b office: 1-208-939-7373 fax: 1-288-939-7321
Job No. 06217
J.B.F.
2-14-07
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN
50' Sewer and Water Easement
Exhibit "C"
A 50 foot Sewer and Water Easement that is 25 feet each side of the following centerline
located in the North 1/2 of Section 34, Township 3 North, Range 1 West of the Boise
Meridian, Ada County, Idaho described as:
Commencing at the North Quarter corner of Section 34, Township 3 North, Range 1
West of the Boise Meridian, Ada County, Idaho and running thence S89°18' 18"E
1307.13 feet to the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of said
Section; thence S00°38'53"W 1325.77 feet to the Southeast corner of the Northwest 1/4
of the Northeast 1/4 of said Section; thence N89°21'00"W 312.00 feet along the South
line of the Northwest 1/4 of the Northeast 1/4 of said Section to the terminus point of
South Bittercreek Ave. (said point being the Point of Beginning); thence S00°38'53"W
89.22 feet to a point of curve; thence Southwesterly 347.97 feet along said curve to the
right (Curve data: Radius=200.00', Delta=99°41' 11', Chord Bearing and Distance=
S50°29'28"W 305.71 feet); thence N79°39'S6'W 196.12 feet to a point of curve; thence
Westerly 326.33 feet along said curve to the left (Curve data: Radius=500.00',
Delta=37°23'41 ", Chord Bearing and Distance=S81 °38' 13"W 320.57 feet) to a point of
reverse curve; thence Westerly 192.78 feet along said curve to the right (Curve data:
Radius=400.00', Delta=27°36'50", Chord Bearing and Distance=S76°44'48"W 190.92
feet); thence N89°26'47"W 1217.28 feet; thence N00°00'00"E 295.08 feet ~to a point of
curve; thence Northerly 151.76 feet along said curve to the right (Curve data: Radius=
1020.00', Delta=08°31'29", Chord Bearing and Distance=N04°15'45"E 151.62 feet) to a
point of terminus.
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Meridian City Council
February 27, 2007
Page 4 of 99
O. Permanent Sewer Easement Contract for Mason Creek Lift
Station and Pipelines Project with Bittercreek, LLC and
Charlotte and Hermis Sparks:
P. Permanent Sanitary Sewer Easement Contract for Mason
Creek Lift Station and Pipelines Project with Bittercreek, LLC.:
Q. Approve Black Cat Phase 3 Authorization for Additional
Services No. 2 for Black Cat Trunk Sewer and Lift Station
Proiect with JUB Engineers for $15,000.00:
R. Permanent and Temporary Easement Right-of-Way Contract
for Black Cat Sewer Phase 4 with Aoratos, LLC, Evans Real
Estate Investments, LLC, Strada Commercial, LLC, and Strada
Bellissima Commercial Association, Inc.:
S. Permanent and Temporary Easement Contract for Black Cat
Trunk Phase 4 Proiiect with Aoratos, LLC:
T. Permanent and Temporary Easement Contract for Black Cat
Trunk Phase 4 Proiect with Evans Real Estate Investments,
LLC:
U. Permanent and Temporary Easement Contract for Black Cat
Trunk Phase 4 Proiect with Strada Bellissima Commercial
Association, Inc.:
V. Permanent and Temporary Easement Contract for Black Cat
Trunk Phase 4 Proiect with Strada Commercial, LLC:
W. Approve Building Lease Extension with William A. Hon Family
Limited Partnership for general office space at 660 East
Watertower Lane:
X. Approve Performance Contract with New Heritacte Theatre
Comgany:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
s
1
Meridian City Council
February 27, 2007
Page 5 of 99
Bird: On the Consent Agenda, Item B, resolution, has been asked to be tabled to March
27th. And the rest of them would stay as is. I move that we approve the revised Consent
and the Mayor to sign and the Clerk to attest on all papers.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
revised. Is there any discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayors Office:
1. Appointments to the Arts Commission:
De Weerd: Okay. Counsel, I gave you a group of resumes about a month ago on my
suggestions for appointments to the Arts Commission and they are as follows: Meg
Glasgow, who is a business owner here in town and also an artist. Dwight Williams, an
artist and a photographer. Sandra Cavanaugh, who is artistic director of New Heritage
Theatre. David Stolhand, who is president of the Meridian symphony. Nancy Rountree,
our citizen at large, and I did like how the Statesman put it, our enthusiast. And Fred
Shaddick, who is a teacher at Mountain View High School in their theater arts. So, those
would be my recommendations for appointment as charter members of our newly
formed Arts Commission.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: What is your choice? Do you wish us to vote on them individually or can we
make a motion to vote on them as a group?
De Weerd: If you don't have any issue with any of the individuals, I think it would suffice
as a group appointment.
Bird: Madam Mayor, I got one question on time limit. Is all of them on the same time or
is it -- or have you got time limits. Of course, I don't care one way or the other.
De Weerd: Yeah. Mr. Bird, we will be developing bylaws and a structure. That's one of
the first tasks that this commission will have. So, they -- we have met informally just to
kind of outline roles, expectations, interests and give them an opportunity to ask
questions or perhaps even know what they are getting themselves into. So, those kind