Sanitary Sewer Easement with Evans Real Estate Investments, LLC for Black Cat Sewer Phase 4ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 04126107 01:42 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
NAVARRO AMOUNT .00
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10705914
This sheet has been added to document
to accommodate recording information
SANITARY SEWER EASMENT
BLACK CAT SEWER PHASE 4
RICHARD EVANS
(EVANS REAL ESTATE INVESTMENTS
LLC)
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this v2 2 day of ~-~6 , 2007, by the
undersigned Evans Fugal Estate, Investments LLC., who maintains a mailing address of
9560 W. Pebble Brook Ln., Garden Cites, Id, 83714, 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 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, inconsideration 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 line over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, A-2, B-1, & B-2)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of reasonable
access to such facilities at any and all times.
The temporary construction easement is for the purpose of construction of a sanitary
sewer line and related incidental work. The temporary construction easement shall
expire upon completion of the sanitary sewer line.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that the Grantor shall have the right to use and improve the easement
area far uses which do not interfere with the use of the said easement or the
purposes stated herein. Such uses shall include, but not be limited to
landscaping, a tree selection that is coordinated with the CITY, ingress, egress,
driveways, roads, parking, temporary storage, farming, pathways and utility
extensions. THE GRANTOR(S) do hereby covenant and agn~e that they will not
place or allow to be placed any permanent structures within the area described
for this easement that would interfere with the use of said easement, for the
SANITARY SEWER EASEMENT, Page 1 of 3
purposes stated herein.
2. 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 easement.
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.
Evans Real ate Invest nts, LLC
By:
Richard Evans, Member
STATE OF IDAHO)
ss
County of Ada )
On this .~_"_~ day of , 2007, before me L ~ /11 Sc~tc..A~PI~ ,
personally appeared Richard ans, proved to me on the basis of satisfactory
evidence to be the person whose names is subscribed to the within instrument, and
acknowledged that they executed the same.
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SANITARY SEWER EASEMENT, Page 2 of 3
Beneficiary: CITY OF MERIDIAN ,,~,~,~a~`rrr,,,;
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BY: ~~
Tammy de d, Mayor ~.~ .~, .f
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ATTEST: = ~' '
i iam Berg, Jr,, City Cle % '>•~ r'~~ • ~.~,
Date approved by Council: ~~ r~~~ ~7 ~~~
STATE OF IDAHO,
ss.
County of Ada )
On this ~ ~ ~~day of
.Y~ 1c~ ~ ~'~ --~ , 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
adcnowfedged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, t have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL}
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~f7`C ltYl Jl'1 z~' fl-
NOTARY PUBLIC FOR IDAHO
RESIDING AT: ~-I~~ ~ G!~ ~~ ~ 1~.G'
MY COMMISSION EXPIRES:.. /C ~5=1/
SANITARY SEWER EASEMENT, Page 3 of 3
Project: 10-06-059
Date: February 13, 2007
EXHIBIT A-1
PARCEL DESCRIPTION FOR A
PERMANENT EASEMENT
That portion of the Southeast'/ of the Southeast'/ of Section 24, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Southeast corner of Section 24; thence along the Easterly boundary line of the
Southeast'/, of said section, North 00°38'24" East, 1,321.03 feet to the intersection of South Meridian Road and
West Maestro Street; thence along the center line of said West Maestro Street as shown on the plat of Strada
Bellissima Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 93, page
11265; North 89°25'18" West, 95.00 feet; thence South 00°38'24' West, 25.00 feet to the Southerly right-of-way
tine of West Maestro Street, the POINT OF BEGINNING;
thence along said right-of-way South 89°25'18" East, 5.10 feet;
thence along a curve to the right 31.44 feet, having a radius of 20.00 feet, a delta of 90'04'04", and a
tong chord which bears South 44°23'16" East, 28.30 feet to the Westerly right-of-way of South Meridian Road;
thence along said right-of-way South 00°38'45" West, 1,190.75 feet;
thence North 89°21'14" West, 5.01 feet;
thence South 00°38'46" West, 16.97 feet;
thence South 55°45'48" West, 24.37 feet;
thence North 00°38'24" East, 1,24i.b5 feet to the POINT OF BEGINNING.
Containing 0.706 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, inc.
Gregory E. Hotkesvig, P.L.S.
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LINE TABLE
LENGTH BEARING
95.00' N89'25'18"W
25.00' S00'38'24"W
5.10' S89'25' 18"E
5.01' N89'21'14"W
16.97' S00 38'46"W
24.37' S55'45'48"W
CURVE TABLE
CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORD
C1 31.44 20.00 20.02 90'04'04" S44'23'16"E 28.30'
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BLACK CAT PHASE 4
EXHIBff A-2
1
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Project: 10-Ob-054
Date: February 15, 2007
EXHIBIT B-1
PARCEL DESCRIPTION FOR A
TEMPORARY EASEMENT
That portion of the Southeast ~/ of the Southeast % of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Southeast comer of Section 24; thence along the Easterly boundary line of the
Southeast ~/a of said section, North 00°38`24" East, 1,321.03 feet to the intersection of South Meridian Road and
West Maestra Street; thence along the center tine of said West Maestra Street as shown on the plat of Strada
Bellissima Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 93, page 11265;
North 89' 25'18" West, 95.00 feet; thence South 00' 38'24" West, 25.00 feet to the Southerly right-of-way line of
West Maestra Street, the POINT OF BEGINNING;
thence continuing, South 00'3824" West, 988.94 feet to the Northerly boundary line of Lot 5, Block 2, Strada
Bellissima Subdivision No. 1;
thence along said Northerly boundary tine North 89' 21'36" West, 50.00 feet;
thence North 00°3874" East, 988.88 feet to the Southerly right-of-way line of West Maestra Street;
thence South 89'25'18" East, 50.00 feet to the POINT OF BEGINNING.
Containing .1.135 acres, more or less.
TOGETHER WITH:
That portion of the Southeast ~/, of the Southeast ~/+ of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the Southeast comer of Section 24; thence along the Easterly boundary line of the
Southeast Ya of said section, North 00' 38'24" East, 1, 321.03 feet to the intersection of South Meridian Road and
West Maestra Street; thence along the center line of said West Maestra Street as shown on the. plat of Strada
Bellissima Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 93, page 11265;
North 89°25'18" West, 95.00 feet; thence South 00°38'24" West, 1,180.58 feet, the POINT OF BEGINNING;
thence continuing South 00°38'24" West, Sb.07 feet to the Northerly right-of-way of West Victory Road;
thence along said right-of-way the following three courses:
1. South 55°45'48" West, 24.35 feet;
2. thence North 89 ° 21'16" West, 57.09 feet;
3. thence along a nan-tangent curve to the right 73.33 feet, having a radius of 318.31 feet, a
delta of i3'11'S5", and a long chord which bears North 84°48'44" West, 73.16 feet;
thence North 00' 38'24" East, 94.21 feet;
thence South 89'21'16" East, 150.00 feet to the POINT OF BEGINNING.
Containing 0.339 acres, more or less.
END OF DESCRIPTION
l~p'Y' LAND,
Prepared by: ~S~~~tST ~D'PG~
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LINE TABLE
LINE LENGTH BEARING
Li 95.00' N89'25'18"W
L2 25.00' so0.38'24"w
L3 50.00' S89'25'18"E
L4 50.00' N89'21'36"W
LS 84.21' N00'38'24"E
L6 1 0.00' S89'2i'16"E
L7 86,07' S00'38'24"W
L8 24.35' S55'45'48"W
L9 57.09' N89'21'16"W
CURVE TABLE .-
CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORp
C7 73.33 318.31 36.83 13'11'55" N84'48'44"W 73.16'
4
IXHIBIT B-2
1
1
Meridian City Council
February 27, 2007
Page 4 of 100
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 Proiect 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 Heritage Theatre
Company:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian. City Council
February 27, 2007
Page 5 of 100
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