Sanitary Sewer Easement with Quenzer Farms, LP for N. Black Cat Trunk and Lift StationADA COUNTY RECORDER J. DAVID
BOISE IDAHO 05/03/07 01:39 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
NAVARRO AMOUNT .00 12
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This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
N BLACK CAT SEWER & LIFT STATION
QUENZER FARMS LP
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 5th day of April , 2007, by the undersigned Quenzer
Farms LP, who maintains a mailing address of 4020 N. Black Cat Road, Meridian, ID
83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a
municipal corporation of the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer lift station and 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 CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer pipeline over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, ROS 7553, A-2, A-2.1 and B-1, B-1.1, B-2, B-2.1)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer pipeline and allied facilities, together with
maintenance, repair and replacement at the convenience of the CITY, with the free
right of access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a
sanitary sewer lift station and pipeline and related incidental work. The temporary
construction easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this permanent easement.
Page 1 of 3
SANITARY SEWER EASEMENT
2. HOLD HARMLESS, In consideration of allowing Grantee to perform
work on and/or operate within the said described parcel, Grantee
expressly agrees to indemnify, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands,
actions, debts, injuries to persons, and damages to property,
damages, costs, charges, and expenses, including all court cost and
attorneys fee, and against any and all liability, losses and damages of
any nature whatsoever, the "Damages" that Grantor shall or may at
any time sustain or be put to by reason or as a result of Grantee
performing, working on and/or operating within the here in above
described parcel; provided that the damages are not caused by the
negligence or other breach of legal duty by Grantor.
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Grantor: uenzer Farms LP
By: Eugene Quenzer, anaging Partner
STATE OF IDAHO)
ss
County of Ada )
On this ~ day of ~ ~ , 2007, before me (~~ ,~ •~,a-~ ,
personally appeared Eugene Quenzer, proved to me on the basis of satisfactory
evidence to be the persons whose names is subscribed to the within instrument,
and acknowledged that they executed the sarr~e.
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Page 2 of 3
SANITARY S~W~3;;~,ASE~1~/,~E~T
Beneficiary: CITY OF MERIDIAN
\\`~ ~„, i r r i r r r r r,,,,
Tammy de W er ayor ` ,~~ ~~ •,:,
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ATTEST: ~o
William Berg, Jr., City er =_ ,~ ~,
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Date approved by Council: ~~_~~~ I~ Zoe '.
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STATE OF IDAHO, )
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County of Ada )
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On this ,~ j day of ,~.~'X ~ ~~ , 2007, 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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NOTARY PUBLIC FOR IDAHO
RESIDING AT: ~ 1 1'1.~-~~~ ~~ -` ~~~(
MY COMMISSION EXPIRES: 1 [~ - i S- I ~
Page 3 of 3
SANITARY SEWER EASEMENT
Project: 10-05-026
Date: September 15, 2006
EXHIBIT A-1
PARCEL DESCRIPTION
LIFT STATION SITE
That portion of the Northwest'/a of Section 34, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, as shown on a Record of Survey 7553, Instrument Number
106146886, and more particularly described as follows:
Commencing at the West'/, corner of said Section 34 from which the Northwest
corner of Section 34 bears North 00°27'22" East, 2,631.60 feet; thence along the Westerly
boundary line of said Northwest'/+ of Section 34; North 00°27'22" East, 515.56 feet to the
POINT OF BEGINNING;
thence continuing North 00°27'22" East, 135.81 feet;
thence South 89°32'38" East, 195.00 feet;
thence parallel with the Westerly boundary of the Northwest'/4 of Section 34,
South 00°27'22" West, 170.44 feet to the Northerly boundary line of the Five Mile Drain;
thence along said line the following two courses:
North 78° 15'37" West 155.40 feet;
North 83 ° 53'05" West, 42.81 feet to the POINT OF BEGINNING.
Containing 0.678 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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Project: 10-05-026
Date: April 5, 2006
EXHIBIT A-2
PARCEL DESCRIPTION
PERMANENT SEWER LINE EASEMENT
That portion of the Northwest'/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Beginning at the Center'/a corner of Section 34; thence along the South boundary line of said
Northwest'/4 with and North 89° 15'04" West, 1,049.42 feet;
thence North 78 ° 15'37" West, 37.26 feet;
thence North 33 ° 15'37" West, 88.16 feet;
thence North 44° 30'37" West, 188.03 feet;
thence North 55 ° 45'37" West, 57.03 feet;
thence North 78° 15'37" West, 1,326.76 feet to a point on the Easterly right-of-way line of Blackcat
Road;
thence along said right-of-way North 00°27'22" East, 24.47 feet;
thence South 78° 15'37" East, 1,336.33 feet;
thence South 55 ° 45'37" East, 64.16 feet;
thence South 44 ° 30'37" East, 192.76 feet;
thence South 33 ° 15'37" East, 86.33 feet;
thence parallel with and 24.00 feet Northerly of said South boundary line of Northwest'/,,
South 89 ° 15'04" East, 1, 044.23 feet;
thence South 44° 30'37" East, 34.10 feet to the POINT OF BEGINNING.
Containing 1.505 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
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QUENZER PERMANENT SEWER LINE EASEMENT
Project: 10-05-026
Date: April 6, 2006
EXHIBIT 6-1
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Northwest'/, of Section 34, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows:
Commencing at the West'/4 corner of said Section 34; thence along the Westerly
boundary line of said Section 34; thence North 00°27'22" East, 634.73 feet; thence
South 89°32'38" East, 25.00 feet to a point on Easterly right-of-way of Black Cat Road being
the POINT OF BEGINNING;
thence along said Easterly right-of-way line North 00°27'22" East, 50.00 feet;
thence South 89°32'38" East, 200.00 feet;
thence South 00°27'22" West, 209.79 feet;
thence North 78 ° 15'37" West, 50.99 feet;
thence North 00°27'22" East, 149.81 feet;
thence North 89°32'38" West, 150.00 feet to the POINT OF BEGINNING.
Containing 0.408 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
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SEC. 34 ~
~"'°°°"~"''""° ""°"`°""'~°"~'" ~ADFnE~TEAq ~" EXHIBIT B-1.1 SHEET
AB AN PNYRUMENT OF PROFEl810NAL SERVICE, O TIE PROPERry OF PROJ. t PHIW 60607
1LLa610. AND ENOfTO BE USED. 6I YRIDLE OR PART, p~DT BCME: t.lO ~~"~"~
FOR ANY OTNER PROJECT VATIIOUT THE EMPRE98 N7iRTB1
AUTNORI7ATgN OF JLi iNOEIE®Y, M, ORAYMq ND.: J
DRAVAV 9Y: eAN QUENZER LIFT STATION OP
E ~~NaY. °~ '~"~'•' TEMPORARY CONSTRUCTION EASEMENT
Project: 10-05-026
Date: Aprit 5, 2006
EXHIBIT B-2
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Northwest'/a of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Beginning at the Center'/, corner of Section 34; thence North 44°30'37" West, 34.10 feet;
thence parallel with and 24.00 feet North of the South boundary line of said Northwest'/, of Section 34,
North 89°15'04" West, 1,044.23 feet;
thence North 33 ° 15'37" West, 86.33 feet;
thence North 44°30'37" West, 192.76 feet;
thence North 55 ° 45'37" West, 64.16 feet;
thence North 78° 15'37" West, 1,336.33 feet to a point on the Easterly right-of-way line of Blackcat
Road;
thence along said Easterly right-of-way North 00°27'22" East, 20.39 feet;
thence South 78 ° 15'37" East, 1, 344.29 feet;
thence South 55 ° 45'37" East, 70.11 feet;
thence South 44° 30'37" East, 196.70 feet;
thence South 33 ° 15'37" East, 65.61 feet;
thence parallel with and 54 feet North of said South boundary line of the Northwest'/,, South 89° 15'04"
East, 1,064.55 feet to a point on the East boundary line of said Northwest'/,;
thence along said East boundary tine South 00°43'45" West, 54.00 feet to the POINT OF BEGINNING.
Containing 1.511 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
RMH/GEH:Ihc
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QUENZER TEMPORARY CONSTRUCTION EASEMENT
Meridian City Council
April 17, 2007
Page 4 of 48
43 North
The Busted Shovel
L. Permanent and Temporary Easement Contract for the North
Black Cat Trunk and Lift Station of Quenzer Farms, LP:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The Consent Agenda, Item C, resolution number is 07-554. Item D, we'd like to
move to the regular agenda, which is 7-D. And with that I move we approve the revised
Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. Motion and a second to approve the Consent Agenda as stated. Is
there any discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Public Works Department:
1. Request for Direction to Pursue Purchase and
Installation of Tertiary Filters for WWTP:
De Weerd: Thank you. Item 6 under Department Reports, we will start tonight with
Public Works. Len.
Grady: Madam Mayor, Members of the Council, you have received a request from
Public Works in your packet. Basically to summarize that request, we have some sand
filters out at the plant that are beginning to fail. We -- with the Public Works with CH2M
Hill went through a process to evaluate replacement filters. What we would like to do is
come back to you with your guidance next week with a sole source purchase on Aqua
Diamond filters and installation of those filters. We need to -- basically, we need to
move quickly and these filters do seem to be a sole source item. They would be a retro
fit to the sand filters that are in there and we could use contractors on site to install
them. The net result, if we push forward with this, is we would ask for a budget
amendment of roughly a million dollars and those filters would be installed and
operational the first part of August. So, I know that's a lot to absorb very quickly, but the