Sanitary Sewer Easement with Idaho Conference of Seventh Day Adventists, Inc. for Incline Village Subdivisiona
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 04!05!07 01:38 PIN
DEPUTY Lisa Irby
RECORDED-REauesT of III IIIIIIIIIIIIIIIIIIII
City of Meridian 107048184
SANITARY SEWER EASEMENT
THIS INDENTURE, made this i 2 `day of ___M acc4~ 2007 between Idaho
Conference of Seventh-Day Adventists Inc., 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 sewerright-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 EXHIBITS 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 therein violation
of this easement.
Sewer Main Easement
Incline Village sewer easement
„_ I M S
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:
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Idaho Conference of Seven h-Day Adventists Inc.
By: Don Klinger, Secretary
STATE OF IDAHO )
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County of Ada )
On this li~~ day of ~~i~iC~'l , 20~, before me, the undersigned Notary
Public in and for said State, p rsonally appeared Don Klinger, known or identified to me to
be the Secretary 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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Sewer Main Easement
NOTARY Pj~~,. ~'
Residing at:
Commission Expires:
Incline Village sewer easement
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GRANTEE: CITY OF MERIDIAN
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Tammy de We ayor
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Attest by William G. Berg, C y Cleo
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
On this ~~~ ~` day of ~ ~~~%..~ , 20C'~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.
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~~ ~ ~OS `~~,~~• ~ NOTARY PUBLIC FOR IDAHO
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Sewer Main Easement Incline Village sewer easement
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SEC. 4-
INCLINE VILLAGE 1
!'. UTIIITY EASEMENT of
P$gB~Q~
Project: 10-05-125
Date: December 14, 2006
PARCEL I)ESCRIPT[ON
UTILITY EASEMENT
EXHIBIT A
That portion of the Southeast ~/< of the Southeast ~/a of Section 4, 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 Section 4; thence along the Easterly boundary line of the
Southeast'/a of the Southeast ~/ of Section 4, North 00°37'43" East, 1,064.62 feet to the Northeast corner of a
parcel of land as shown on Record of Survey No. b876 records of Ada County; thence North 89°18'47" West,
38.00 feet to the Westerly right-of-way of North Black Cat Road the POINT OF BEGINNING;
thence along said right-of-way South 00°37'43" West, 25.00 feet;
thence 25.00 feet Southerly from and parallel with the Northerly boundary line of that parcel of land as
shown on Record of Survey No. 6876, North 89° 18'47" West, 491.54 feet to the Westerly boundary line of said
parcel;
thence North QO°37'43" East, 25.00 feet to the Northwest corner of said parcel of land as shown on
Record of Survey No. 6876;
thence along the North boundary line of said parcel South 89° 18'47" East, 491.54 feet to the POINT OF
BEGINNING.
Containing 0.282 atres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
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H:\GAL\10.05-125 -Incline Village\10.05-125 - Admin\Descriptions\10.05.125-Utility-Black Cat.doc
paSe~o
Meridian City Council
March 27, 2007
Page 4 of 65
proposed R-8 zone for Normandy Subdivision by RMR
Consulting, Inc. - 4145 South Locust Grove Road: Prepare
K. Findings of Fact and Conclusions of Law and Order for
Approval: VAR 07-001 Request for a Variance to the UDC
standard of maximum allowable length of 750 feet for Normandy
Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove
Road:
L. Findings of Fact and Conclusions of Law and Order for
Approval: PP 06-058 Request for Preliminary Plat approval of 277
residential lots, 1 commercial lot and 27 common lots on 142.97
acres in existing R-2, R-8, R-15 and C-N zones for Jayker
Subdivision by Treehaven, LLC -north of Chinden Boulevard and
west of Ten Mile Road:
M. Resolution No.: 07-550 VAC 07-004 Request for Vacation
of the water service line easement located on Lot 15, Block 1 of
Bonito Subdivision No. 3 for Bonito Subdivision No. 3 by
Toothman-Orton Engineering - 2971 E. Copper Point Drive:
N. Approve License Agreement with Nampa Meridian Irrigation
District for the pathway along the Creason Lateral in
Crossfield Subdivision No. 3:
t
-ir
O. Approve Am~ ndment to Agreement with New Heritage Theatre
Company'
P. Approve Budget Amendment for Manors Office for FY 2007 for
Volunteer Squared Web based Software:
Q. Off-Site Sewer Easement for Incline Village Subdivision by
Idaho Conference of Seventh Day Adventists, Inc.:
R. Water Easement for Grandview Market Place No. 1 by Kimball
Properties Limited Partnership:
S. Approve Cooperative Agreement with Ada County Highway
District for Roadway Construction /Water Facility Adjustments
and Relocations for ACHD Project 806023.001, W. 1st Street,
Washington Avenue to Cherry Lane:
T. Development Agreement: AZ 05-057 Request for Annexation and
Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones
for Bienville Sauare Subdivision by Red Cliff Development, LLC -
and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8,
Meridian City Council
March 27, 2007
Page 5 of 65
R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff
Development, LLC - 2935 North Eagle Road:
U. Development Agreement: RZ 06-013 Request for a Rezone of
.43 acres from an R-8 to an O-T zone for Valley Shepherd Church
of the Nazarene Property by Paradigm Real Estate Holding - 39
W. Pine Avenue:
V. Approve Sanitary Sewer Easement and Contract for Black Cat
Sewer Phase 4 by Vallev Shepherd Church of the Nazarene:
W. Findings of Fact and Conclusions of Law and Order Granting
Appeal by Designer Floors, Inc. on Meridian Water Building
Proiect:
X. Approve Budget Amendment for Parks Department for After
School Pilot Program at Meridian Middle School:
Y. Approve Change Order No. 4 for Ideal Demolition for New City
Hall Project for Removal and Abatement of Contaminated Soils
for aNot-To-Exceed amount of $249,000.00:
De Weerd: Five. Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Consent Agenda, Item No. D, has been asked to be table to April 24th, 2007.
Item No. M is resolution number 07-550. With that I move we approve the Consent
Agenda as noted 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 to approve Item 5. Is there any
discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's Office: