Sanitary Sewer Easement with TreeHaven, LLC for Jayker's SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 ~
BOISE IDAH01?1061D7 01:36 PM
DEPUTY Danielle Bouleiie III IIIIIIII'lllllli'IIIIII"III ~II ~II
RECORDED-REQUEST OF 17161978
City of Meridian
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of October, 2007, between TreeHaven LLC, the parties of
the first part, and hereinafter called the "Grantor", 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 theright-of--way for an easement for the operation and maintenance of a sewer line over and
across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of an
underground 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 there in violation of this easement.
SEWER MAIN EASEMENT -Page 1
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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, suchright-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:
STATE OF IDAHO
ss
County of Ada )
TreeHaven L~
Derick O'Neill, Manager
On this ~ day of October, 2007, before me, the undersigned, a Notary Public in and
for said State, personally appeared Derick O'Neill, known or identified to me to be the Manager of
the limited liability company that executed the within instrument, and acknowledged to me that such
limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
`r`~runrrr~ps.
(SEAL) a ~~.~OTA~ j,. 'Z
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NOTARY PUB FOR IDAHO
Commission Expires: U~ ~ /~~
SEWER MAIN EASEMENT -Page 2
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GRANTEE: CITY OF MERIDIAN
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Tammy de We ,Mayor ,; ~ `~~~ ~ ~''%
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Attest by William G. Berg, City Cl ky '`~ ~, _
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Approved By City Council On: ' ~
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STATE OF IDAHO, )
ss.
County of Ada )
th I~O~M~''°
On this ~ day of 9etek~er, 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
Commission Expires: I D-1 ~ " ~ ~
SEWER MAIN EASEMENT -Page 3
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EXHIBIT A
Legal Description
Project: 1l'701I2
Date.. Aug~zst 17, 2Q07
Page: 1 of 1
CITY 4F` 1T.I2IDIAN
SANITAitY" SE4'VEIt. EASEMENT
A parcel of laaad situated in the southeast. %a of the southwest /+ of Section 22, To~rnship 4
North, Range 1 West, Boise lVleridian, City of Meridian,. Ada County, Idaho, mare
particularly described as fc~ller~vs:
C€)~vIMENCING at the southwest corner of said Section 22, from which point, the south
quarter career of saki section bears, 5.89° 17' 17r'E., 2647.16 feet; thence, along the south
Tine caf said section,
,A) 5.8917' 17"1~., 1323..58 feet to the v++est l/lb corner common to Sections 22
and 27~ thence, along the westerly lire of said soufiheast'/~ of the soc~tlxvvest'/~
of Section 22,
B) N`.00°31)'43"E., 780,09 feet to the POINT OF BEGINNING; thence,
contiur~uing„
1} N.~O~'311'43"j1V., 36,44 feet to the beginning of anon-tangent curve; thence,
2) Northeasterly along said curve to the le#t having a radius of l 167.33 feet, an
arc length of 273.9$ feet, through a central angle of 13°26'51", anal a chord
bearing and distance of N.67°22'52"E., 273.35 feet; thence, tangent from said
curve,
3) N.6ll°39'26"E,, 54L72 feet.; thence,
4) 5.19°34'58"E., 35.51 feet to a lime parallel with and 35,00 feet southeasterly
of the above-described courses 2 and. 3 thence, along said parallel line
through the following courses.
5} 5.61)39'26"E., 535.71} feet to the beginning of a tangent curve; thence,
6} Southwesterly along said curve to the right having a radius of 1202.33 feet, an
arc length of 292.4$ feet, thrtaugh a central angle of 1.3°SG'17, and a chord
bearing and distance cif S.6'7°37''34"W., 291.76 feet to the POIN`P C1F
BEGINI~II~G.
SAID PARCEL containing 0.66 acres, more or less.
SIIBJEC"."I' "I'O, al1 +l~la~renants, Rights, Rights-of--Way, Easements of Record, and ether
Encumbrances,
EXHIBIT <~B~ attached, and. by this reference made a part hereof.
EXHIBIT A TO SEWER MAIN EASEMENT -Page 1
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PaB~_o~
EXHIBIT B
Depiction of Easement
~+ PARt~EL ~rF LAND s~ruar~e ire r~E ~uuTr~Easr 1,14 al= ~ sourwESr 1/4
C SEGCI~N 22, T~NPh~SHIT' ~ NC"CFi, I~AM1iGE 1 !~1E5T, 8(1tSE ~fERI~IAN,
~I'I1' AF MERMAN, AC1A CgUNTY, it}AHLt.
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i ''~ ~ ~e ~ '~ ~~o
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s~ g^22•x? c,
~---_ ~ PINT ~~' ~ '~~ '~'~
BEGINiVING ~`! ~ ~~ Sp ~Q3`
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.PUMA SLTHDIVISICIN
BTC 71 PC 7~6~-?'26~ $~
I,{lT ~ ,o
a
LINE TABLE ~~
UNE BEARING CsrANCE
L°°1 Np(]•34'43"E 36.4+4
L-2 519"34'58"E 35.51
0
~f
_ GuRVE TABLE
CURVE E~ADfU5 LENGTH DELTA BEARING LENGTH
C~-1 1157.33 273.98 13'2(s'S1" N67'22`52"E 273.35
C~3 1202.33 292.4$ ' 13'56'17" .567'37'34"W 2.91.76
1 2~ 1323.~i£3' 1. ~""~ _." - -. .._.
.~ --~-- -_.~,,..._ 22
28 27 '~.. ___~_~-
S89'17'17"E ~~43.16 27
~a/~~ (c~~~~t~~~r BLVD}
BRUXA~" SURVEYING & ~dAPPING L.L.C.
0 tt71? ~~0 X4(30 ~iJO 11056 Lt7VVE 9TM /7Li4/3
ARAMPA, 8J65`t
~._ (s^p,8} 249-tW79
EXHIBIT B TO SEWER MAIN EASEMENT -Page 2
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Meridian City Council
November 20, 2007
Page 3 of 22
Rountree: Second.
De Weerd: I have a motion and a second to approve the revised agenda. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5; Consent Agenda:
A. Approve Minutes of October 16, 2007 City Council Regular
Meeting:
B. Approve Minutes of October 23, 2007 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: SHP
07-007 Request for Short Plat approval for 3 condominium units in
1 building in a C-G zone for Bonito Lot 15 Condominium by Dave
Evans Construction - 2971 East Copper Point Drive:
D. Third Addendum to Development Agreement: MI 07-001
Request for a Miscellaneous application to Modify the existing
Development Agreement to allow all C-N permitted uses on lots 5,
6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar
Springs Professional Center by Lynn Brown - 710, 730, 750 &
790 West Ustick Road:
E. Water Main Easement Agreement for Cheerleaders Sports Bar
& Grill by Blue Marlin Investments:
~~;~'~ Sanitary Sewer Easement Agreement for Jayker's Subdivision
i,~
by Chester Properties, LLC:
G. Sanitary Sewer Easement Agreement for Jayker's Subdivision
by TreeHaven, LLC:
H. Task Order 0726 with Civil Survey Consultants, Inc. for the
Design and Construction of the Meridian Water Division
Facility Phase 2:
I. Task Order No. 4 - Heroes Park Wastewater Reuse
Implementation with HDR Engineering, Inc. for $87,898:
Meridian City Council
November 20, 2007
Page 4 of 22
J. Memorandum Agreement between the City of Meridian and the
International Association of Fire Fighters Local 2311:
K. Water Main Easement Agreement for Teach Investments /
Quick Lube:
L. Approval of Reimbursement Aqreement between the City of
Meridian and Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints:
O. License Agreement with Settlers Irrigation District for the
North Black Cat Trunk Sewer:
P. License Aqreement with Nampa Meridian Irrigation District for
Bienville Sauare Subdivision:
Q. Approve Contract for the WWTP UV Third Bank Installation
with Custom Electric, Inc. for $7,521.00:
R. Approve Contract for Task Order 3.0 Stormwater Management
Third Party Inspections with Brown and Caldwell for $30,000:
S. Aqreement for Professional Services for 3~d Street Study with
Six Mile Engineering, P.A. and Meridian Development
Corporation:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with these changes as stated
earlier. Item D, while it will stay on the Consent Agenda, let it be noted it is not a Public
Hearing, it is just aConsent -- third consent of it. Item H, not to exceed 14,880 dollars.
Item L is $378,472.41. Item M and N would be -- will be pulled to the regular agenda
and will be 7-M and 7-N. Item S, the amount of money is 37,753 dollars. And Item T
will be pulled to 7-T on the regular agenda. And with that, Mayor, I move we approve
the revised Consent Agenda.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as revised.
If there is no discussion, Mr. Berg, will you, please, call roll.
Meridian City Council
November 20, 2007
Page 5 of 22
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Items --
Zaremba: Madam. Mayor?
De Weerd: Yes.
Zaremba: Did that motion include the standard words Mayor to sign and Clerk to
attest?
Bird: Yes. The Mayor to sign and the Clerk to attest. And I apologize for that, Mr.
Zaremba, you're right.
De Weerd: Nice catch. Mr. Bird, you have been doing this for years.
Zaremba: Just heard something missing.
Bird: I'm glad he caught me.
Item 6: Department Reports:
A. Parks Department
1. Proposed Name for City Park in Tuscany / Messina
Meadows of Verona Park:
De Weerd: Item 6-A, our parks department. Elroy.
Huff: Madam Mayor and President Borton, Members of the Council, I'm here tonight to
present to you the new name for the -- right now named Messina Neighborhood Park
and just give you a little background.. The Mayor asked me to make sure and check
over the last few months and I did with the developer about his interest in naming the
park. He did not take me upon that. He decided he did not want to have anything to do
with the name of that. So, we went another direction and we went to our parks
commission and down to our subcommittee and they went and did the work on gaining
some names for this park and that was -- John Nesmith's on the commission and he
went and met with interim HOA president Steven Yearsly at -- in the Messina Meadows
Sub and Tuscany Sub association I guess, and they decided to do a little naming
contest. They had 21 participants come up with names and when they sorted those
names out in -- they come out with three different names that they would consider for