Sanitary Sewer and Water Main Easement with Blue Marlin Investments, LLC for CentrePointe Subdivision Bldg BADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 08!23!07 04:44 PM
DEPUTY Gail Garrett III 1111111111111'I'IIIII~I'I~~II'~ ~~~
RECORDED-REQUEST OF 10119571
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
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THIS INDENTURE, made this ?~ day of J l , 20 4 ?between ~N ~ ~-s"tw-, LLB 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 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.S&W
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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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STATE OF IDAHO
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County of Ada )
On this day of , 20_, before me, the
Public in and for said State, personally appeared
known or identified to me to
a Notary
the President and
Secretary, respectively, of the corporation that executed the ithin instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day
and year fist above written.
NOTARY
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Sanitary Sewer and Water Main Easement
FOR IDAHO
Expires:
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State of Idaho )
ss.
County of Ada )
On this ~ ~~' day of July, 2007, before me, the undersigned, a Notary Public in and for said
State, personally appeared Winston H. Moore, known or identified to me to be a member and
authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me
that he executed the within instrument on behalf of said limited liability company and that said
limited liability company executed the same.
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weerd, May ~'' ~ ~~:~~ r o y~, ''%
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Attest by William G. Be , Jr., City Clem. ? ' ,~~'~'
Approved By City Council On: ~ ~~ ~ ~`
STATE OF IDAHO, )
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County of Ada )
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On this~day of ~,~h~'~~ ~~ , 200, 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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Sanitary Sewer and Water Main Easement
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July 16, 2007 Consulting, Inc.
Page 1 of 1
EXHIBIT "A"
SEWER MAIN AND WATER MAIN EASEMENT
An easement for the construction and maintenance of a sewer main and water main
across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly
described as follows:
Commencing at the Southeast corner of said Section 32, thence along the South line of
said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13
feet; thence leaving said South line North 00° 15'21" East 59.96 feet to the North Right-
of-Way line of said East Ustick Road; thence continuing North 00°15'21" East 450.85
feet; thence North 90°00'00" East 105.54 feet; thence North 00°03'02" East 5.00 feet to
the POINT OF BEGINNING; thence
North 00°03'02" East 41.93 feet; thence,
South 89°44'39" East 85.22 feet; thence,
North 00°00'01" West 28.00 feet; thence,
South 89°44'39" East 24.00 feet; thence,
North 00°00'01" West 78.96 feet; thence,
South 89°59'59" West 16.00 feet; thence,
North 00°00'01" West 10.00 feet; thence,
North 89°59'59" East 16.00 feet; thence,
North 00°00'01" West 32.00 feet; thence,
South 89°42'35" East 20.00 feet; thence,
South 00°00'01" East 53.74 feet; thence,
South 90°00'00" East 7.00 feet; thence,
South 00°00'01" East 10.00 feet; thence,
North 90°00'00" West 7.00 feet; thence,
South 00°00'01" East 85.21 feet; thence,
South 89°44'39" East 11.04 feet; thence,
South 00°15'21" West 41.31 feet; thence,
North 90°00'00" West 140.12 feet to the POINT OF BEGINNING.
Said easement contains 9,716 square feet or 0.22 acres more or less.
1904 W. Overland Boise. ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant~quadrant.cc
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Meridian City Council
August 14, 2007
Page 4 of 99
J. Findings of Fact and Conclusions of Law for Approval: CUP
07-005 Request for a Conditional Use Permit approval for multi-
family residential use in a proposed R-15 zone for Bellabrook by
J.E. Development, LLC - 300 South Locust Grove Road:
K. Resolution No. 07-574 VAC 07-008 Request for a
Vacation of the City of Meridian utility easement common to Lots 1,
2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn
and Suites by Tealey Land Surveying - 815 & 875 South Allen
Street and 2870 East Freeway:
L. SHP 07-005 Request for a Short Plat to create 2 office /
educational building lots on 33.315 acres in a C-G zone for Joint
School District No. 2 by Joint School District No. 2 - 1303 East
Central Drive:
M. Agreement for Professional Services for Human Resources
Consulting with BDPA, Inc.
N. Development Agreement: AZ 07-004 Request for Annexation
and Zoning of 2.48 acres from RUT to an L-O zone for Locust
Grove Professional Office Building by Ruby/Edwards:
Architecture + Design -1695 South Locust Grove Road:
O. Development Agreement: AZ 06-043 Request for Annexation
and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing
Patio Homes Subdivision by Spurwing Limited Partnership -
Northeast Corner of North Ten Mile Road and West Chinden
Boulevard and west of North Spurwing Way:
P: Addendum to Development Agreement: AZ 06-014 Request for
Annexation and Zoning of 20.16 acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential) zones for Cabella Creek
Subdivision by ATM Development, LLC -northeast corner of East
Victory Road and South Mesa Way:
Q. Water Main Easement Agreement No. 1 for Gramercv
Subdivision No. 1 (Lots 4-5, Blk 1) by Tuscany Development:
R. Water Main Easement Agreement No. 2 for Gramercv
Subdivision No. 1 (Lots 4-5, Blk 2) by Tuscany Development:
S. Sanitary Sewer and Water Main Easement for Retail Building 6
(CentrePointe Subdivision) by Blue Marlin Investments:
Meridian City Council
August 14, 2007
Page 5 of 99
T. Approve New Beer and Wine Licenses for Sakana Sushi &
Steak House by Ming Xing, Inc. at 1718 S. Eagle Road:
U. Approve Standard Form of Agreement with H2 Excavation,
LLC for the Construction of the North Black Cat Pressure
Sewer for $398,376.00:
V. Public Works Budget Amendment for the Black Cat Trunk Line
Item Number 96162 in the Amount of $3,200,000 for FY 2007:
W. Public Works Budget Amendment for Latecomers Expense
Line Item Number 80150 in the Amount of $3,700,000 for FY
2007:
X. Approve Contract for North Black Cat Trunk and Lift Station
Authorization for Additional Services No. 3 with JUB
Engineers, Inc. for $170,971.00:
Y. ~ Approve New Beer and Liquor Licenses for Harry's Meridian
Grill by Steve Youngerman at 2032 E. Overland Road, Ste.
125:
Z. Resolution No. 07-575 :CPA 07-003 Request to amend
the Comprehensive Plan Future Land Use Map by adding and
amending pathway locations for the Pathways Comprehensive
Plan Amendment by the City of Meridian Parks and Recreation
Department
AA. Public Works Budget Amendment for an additional $310,000
for the Sewer Portion of Broadway Water and Sewer
Improvements•
BB. Public Works Change Order No. 1 for the McMillan Water Line
~- Wild Goose to Palatine Project (Construction) with Star
Construction, LLC for $3,436.21:
CC. Mayor's Budget Amendment for State of the City Fund
. Expense:
De Weerd: Item 5 is the Consent Agenda. Mr. Zaremba?
Meridian City Council
August 14, 2007
Page 6 of 99
Zaremba: I have a question about Item H, Item M, and Item N. Hopefully, each of
those will be short questions, but I would like to ask that they be moved off of the
Consent Agenda and placed under Item 7, H, M, and N.
Bird: Which ones? H, M, and N?
Rountree: M and N.
Zaremba: Howard, Mary, and Nancy.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the Consent Agenda, as stated earlier, Item D is resolution number 07-573.
Item H has been asked to be removed to the regular agenda and will be Item 7-H. Item
N has been asked to be removed to the regular item and will be 7-M. Item N has been
asked to be moved to the regular agenda, which will be 7-N. And also Item Z is a
resolution number 07-575. I move we approve the Consent -- the revised Consent
Agenda and for the Mayor to sign and the Clerk to attest.
Zaremba: Second.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
If there is no discussion, 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. Police Department:
1. Recognize retired Police Officers:
De Weerd: Council, under Department Reports tonight we will begin our Department
Reports with Chief Musser.
Musser: Madam Mayor, Members of the Council, I'm here this evening to present two
of our officers who are retiring this week from the Meridian Police Department. They
have served a number of years with the Meridian Police Department, both of them