Sanitary Sewer and Water Main Easement with Seagle Three, LLC for Doris Subdivision•
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02101!01 01;43 PM
RECORDEDe REQUEST OF ~II ~~~~~~~~~~~~~~~~~~~~~IIIIIII ~~ ~ ~~~
Meridian City 1 X7015560
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 3`d day of November, 2006 between Seagle Three, 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;
WITNES SETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water mainright-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:
(5EE 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, 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
EASMT.SW MAIN!
r
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:
.resident `.y~ J9~.~ ~~ - S~ ~G L ~ ~ ,~ ~ ~`~ _ L 1-' ~
Secretary
ANGER CW~VG
STATE OF IDAHO) ~ ~
ss
County of Ada )
On this ~.~ day of /yCl'~"il~.~t r , 20 C'E; before me, the undersigned, a Notary
Public in and for said State, personally appeared f~~~ ~ ~ +~ 1~ ~ ~ ~ a cv ~ and
-- , known or identified to me to be the resident and Secretary,
respectively, 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.
^~
~~~~~( ~%~l~~~~l
NOTARY PUBLIC FOR IDAHO !J
Residing at; '"I,~-~-
Commission Expires:
Sanitary Sewer and Water Main Easement
EASMT.SW MA1N1
PaBe~#~
~~
•
GRANTEE: CITY OF MERIDIAN
~` ~''%
Tammy de Weer ay '~ ~~~ -~ ~~~' ;
,~ ,~~~ PTO
Attest by William G. Berg, ity Clerk = ' ~'
1 ,~`
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
On this .~ ~ day of C ~ 6 C ~ ~ ~~ ~ ~ ~ 20; 1 before me, the undersigned, a Notary Public in
and for said State, personally appeared AMMY 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.
~~ ~
~,••~• Q1Y!•~'•
(SEAL) ; ~s%'~pT'q+~~
. .
• ~ ~ ~
s (~,~. ~ j
~~ 0 :~~•
Sanitary Sewer and Water Main Easement
-,
NOTARY PUBLIC FOR IDAHO
Residing at: ~~~ ~~~ lG,~~ _ :.-~~-~
Commission Expires: /c ~S__ /,
EASMT.SW MAINl
PARCEL DESCRIPTION October 25, 2006
PROJECT: 1330 E. Fairview Ave.
PARCEL NO.: Utility Easement
A parcel of land being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page
1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast'/, of the southeast'/,
of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at a brass cap monument, Corner Record No. 9391309, marking the southeast corner of said
Section 6, Township 4 North, Range 1 East, Boise Meridian;
Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet;
Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin marking the southwest corner of Parcel A as shown on
said Record of Survey 7573;
Thence South 89°25'37" East coincident with the south line of said Parcel A, 153.26 feet to the POWT OF
BEGINNWG;
Thence North 00°20'04" East, 22.71 feet;
Thence North 89°36'56" West, 15.99 feet;
Thence North 00°20'04" East, 10.00 feet;
Thence South 89°39'56" East, 15.99 feet;
Thence North 00°20'04" East, 240.97 feet;
Thence South 89°51'05" East, 25.00 feet;
Thence South 00°20'04" West, 241.05 feet;
Thence South 89°39'56" East, 6.01 feet;
Thence South 00°20'04" West, 10.00 feet;
Thence North 89°39'56" West, 6.01 feet;
Thence South 00°20'04" West, 22.82 feet to the south line of Parcel B as shown on Record of Survey 7535;
Thence North 89°25'37" West coincident with the south line of said Parcel A and B, 25.00 feet to the POINT OF
BEGINNING.
The parcel above described contains 7064 square feet or 0.162 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
~'age~.,a~_
Basis of Bearing for this parcel is Record of Survey No. 7535, Instrument No. 200600003.
Page~o£.~~
EXHIBIT "A°
BEAGLE THREE, LLC-UTILITY EASEMENT
A PORTION OF LOTS 2 AND 3 BLOCK 2. OF DORIS SUBDMSION,
LOCATED IN THE SE 1/4 OF SECTION B, T 3 N, R 1 E., B. M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2008
25.00'
- S 89'57'05" E
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02101/07 01:43 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III Illillllllllllllllllllllllll II I III
Meridian City 1 E~701 ~5~~
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 3rd day of November, 2006 between Seagle Three, 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;
WITNES SETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water mainright-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, 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 EXPRES SLY 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 MA1N1
Page i ..JO~
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:
.'~esi~lertt ~ 1q.'`~ ~~ -- St ~4G L.-N ~rt,e ~r~ L L ~
Secretary
. ANGER CUSI~VG
STATE OF IDAHO) ~ ~
ss
County of Ada )
On this ~~ day of /~/C l ~i}~~{ r~ , 20 C- ~ before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ ~ ~ ~ ~ F J~ ~ ~ a <<~ ~ . and
-- , known or identified to me to be the resident and Secretary,
respectively, 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.
~~~ ~`-~ ~/'mil G G~/r~.
NOTARY PUBLIC FOR IDAHO !J
Residing at, r -~
Commission Expires:
Sanitary Sewer and Water Main Easement
EASMT.SW MAIM
PaBe~~
~~
GRANTEE: CITY OF MERIDIAN
.~` `'%
Tammy de Weer ay ~~ ~~~ -~ ~~~'
F
Attest by William G. Berg, ity Clerk = ' ~'
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
~~iirr«i~~ itiHN
On this ~_(~ day of , ~ C~ 6 G c ~ C~ ~ ~ ~ ~ , 20` /before me, the undersigned, a Notary Public in
and for said State, personally appeared TSAMMY 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) ; ~j;'.~pT'q+~~
. .
. ~ ~ •
• ', ! ~~
. .
~~' OF IU~''~'
•....+
Sanitary Sewer and Water Main Easement
_,
NOTARY PUBLIC FOR IDAHO
Residing at: lJ 1.~ ~~~~ --!='
Commission Expires
/~ ~.~ ~~
EASMT.SW MAINl
'a~e~of„~
PARCEL DESCRIPTION October 25, 2006
PROJECT: 1330 E. Fairview Ave.
PARCEL NO.: Utility Easement
A parcel of land being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page
1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast'/, of the southeast'/,
of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more
particulazly described as follows:
COMMENCING at a brass cap monument, Corner Record No. 9391309, marking the southeast corner of said
Section 6, Township 4 North, Range 1 East, Boise Meridian;
Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet;
Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin mazking the southwest corner of Parcel A as shown on
said Record of Survey 7573;
Thence South 89°25'37" East coincident with the south line of said Pazcel A, 153.26 feet to the POINT OF
BEGINNING;
Thence North 00°20'04" East, 22.71 feet;
Thence North 89°36'56" West, 15.99 feet;
Thence North 00°20'04" East, 10.00 feet;
Thence South 89°39'56" East, 15.99 feet;
Thence North 00°20'04" East, 240.97 feet;
Thence South 89°51'05" East, 25.00 feet;
Thence South 00°20'04" West, 241.05 feet;
Thence South 89°39'56" East, 6.01 feet;
Thence South 00°20'04" West, 10.00 feet;
Thence North 89°39'56" West, 6.01 feet;
Thence South 00°20'04" West, 22.82 feet to the south line of Parcel B as shown on Record of Survey 7535;
Thence North 89°25'37" West coincident with the south line of said Pazcel A and B, 25.00 feet to the POINT OF
BEGINNING.
The parcel above described contains 7064 squaze feet or 0.162 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
gage ~` of J _
Basis of Bearing for this parcel is Record of Survey No. 7535, Instrument No. 200600003.
EXHIBIT "A"
SEAGLE THREE, LLC-UTILITY EASEMENT
A PORTION OF LOTS 2 AND 3 BLOCK 2, OF DORIS SUBDMSION,
LOCATED IN TAE 5E 1/4 OF SECTION 8, T 3 N, R 1 E., B. M.,
CITY OF aIERIDIAN, ADA COUNTY, IDAHO
2006
25.00'
I'age~o~~
{
Meridian City Council
January 16, 2007
Page 3 of 63
L-O zone for Ada County Highway District Locust Grove Road
Pond by Ada County Highway District - 1280 North Locust Grove
Road:
E. Development Agreement: AZ 06-044 Request for Annexation
and Zoning of 19 acres from RUT to an R-4 zone for Whitebark
Subdivision by Dan Wood - 2135 East Amity Road:
F. A royal of New Beer and Li uor License for Blue Ribbon
Artisan's Bi ro by Artisans Properties, LLC, at 1441 N. Eagle
Road:
G. Water Main Easement Agreement for Bridgetower Retail
Buildings by Primeland Investment Group:
H. Resolution No. 07-545 Appointments for Board
Members and Alternates to the Valley Regional Transportation
Authority:
I. Resolution No. 07-546 For Review and Comment on
the proposed addition of a New Public Works Fee of $25.00 for
the Floodplain Development Permit Application to offset the
cost of staff time and materials in processing an application for a
floodplain development permit:
J. Agreement to Transfer Property for 1986 Pierce/Ford Suburban
Pumper Fire Engine from the Meridian Rural Fire Protection
District to Boise County:
K. Sanitary Sewer and Water Main Easement Agreement for Doris
Subdivision (lots 1-3, block 2) by Seagle Three, LLC:
L. Water Main Easement Agreement for Exceed Learning Center
by Exceed, Inc.:
M. License Agreement with Nampa Meridian Irrigation District for
Pathway for Cabella Creek Subdivision:
O. Water Main Easement Agreement for Candlewood Suites by
TQ Silverstone Way, LLC:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
January 16, 2007
Page 4 of 63
Bird: I move we approve the Consent Agenda, which includes Item H, Resolution 07-
545 and Item No. I, which is resolution 07-546, and Item N has been asked to be pulled.
And with that I move that we approve the revised agenda and for the Mayor to sign and
the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Any discussion on this item? Mr.
Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Parks Department
Parks and Recreation Commission Recommendation of
Name of Park in Bainbridge Subdivision:
De Weerd: Okay. Item 6 under Department Reports, I'll start with the Parks
Department, approval of the park direction signs for roadways.
Strong: Thank you, Madam Mayor, Members of the Council. In our January parks and
recreation commission meeting the commission reviewed a request from the developer
at Bainbridge Subdivision to change the name of the park that will be constructed in that
subdivision to William Watson Park. The reason this came about is that the developer,
because of the amount of the donation toward that park has naming rights to the park
and was requested to look at a name that wouldn't be confusing with the subdivision
name and so this is the proposed name. It was reviewed by the commission and
recommended for your approval.
De Weerd: Okay. Thank you, Mr. Strong. Any questions by Council? Okay. Hearing
none -- Mr. Strong, are you looking for a motion to accept these signs or --
Strong: There was some discussion about whether further action is needed. I brought
this item forward, I think certainly approval by the Council kind of cements the name
change. We are looking at naming policy right now for parks and what needs to take
place, since it's already in policy and developers that make significant donations to a
park have the naming rights to the park, it's a requested name change from the
developer. So, with your approval we would make that official name change in
documents and at this point it's budged items and reference to the park, since there is
not any development going on there currently.