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Sanitary Sewer Easement with Chester Properties, LLC for Jayker's SubdivisionADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 I BOISE IDAH012l06107 01:36 PM DEPUTY Danielle Goulette III IIIIIIIIIIilllllllllllllllll III III RECORDED-REQUEST OF 1 X71 ~ 1 X79 City of Meridian SANITARY SEWER EASEMENT THIS INDENTURE, made this 25th day of October, 2007, between Chester Properties, LLC, 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 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 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 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. 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 Sewer Main Easement \Wtapps0l\ProLaw\Documenu\Eggers, JoAnn\26354\Blank Word Document\12805.doc P~..1 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 party of the first part has hereunto subscribed their signature the day and year first herein above written. GRANTOR: CHESTER PROPERTIES, LLC Jo Eggers, Member .STATE OF IDAHO ) ss County of Ada ~'~) On this ~~ day of October, in the year 2007, before me, a Notary Public in and for said State, personally appeared Jo Ann Eggers, known or identified to me to be a member of Chester Properties, LLC, a limited liability company, one of the members who subscribed said limited liability company name to the foregoing instrume acknowled e o me that she executed the same in said~~n•~i~,~~aybility company name. ,~', ~ ~ R •••~ .~~~T~ 'y" P I FOR ID _ ~ ~,o R r ~ NOTARY C ~ ~••~ $ Commission Expires: ~ Z s ~pvB~l~, ~s O Sewer Main Easement 2 \\Ntapps0l\ProLaw\Documents\Eggers, )oAnn\26354\Blank Word Document\]2805.doc PS~~'~...~'... GRANTEE: Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) CITY OF MERIDIAN . ~ Tammy de W ~ d, Mayor \\\~\,\~:,5~ :.~ "'`'~~~ Attest by William G. 11'/' 1W_ illiam G. V i City Jerk ~~:LL~ ~ ,~ \ .~// ~ is ~~Q\~. ~c.n+r-rY ~ A,~ On this ~ ~~~~~~ day ofSctvlJer, 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. ~~..... (SEAL) f ~Q-~pT~g~~~',~,,:. • • ~ ~ ~ • ~ ~ . . ~ ~ ~ ` ~ ~ ~ ~ , • ` ~ • ~ ~ • '"~~~~~gLjG.~O• ;, ~P. ~... OTARY PUBLIC FOR IDAHO Commission Expires: 10-1 I - ~ ~ Sewer Main Easement \\Ntapps0l\ProLaw\Documents\Eggers, JoAnn\26354\Blank Word Document\12805.doc P EXHIBIT A Legal Description of Sewer Easement Prnjeci t171}C~2 bate: ~l}zgtzsi l , 2~U7 Pagc: 1 of ~T~ c~~ Mr~xA~T sAZ~~.t~.~ :r~~rr~. l;~ Al~~r~r "~'~~at~ parcels of land aitczat~il in the southeast 3f4 of a s~-xtheaat % ®f SBCtion 21, ~d thc; soutlz~~°est '~, oi' the sc~uth~a~~ost ~~a o1' Sc:ctiolz ?2, Township 4 ~o~ I~~ngc l '~Vcst, ~:3oisc ~leric~iatt, City oi` :(~~Tcriciia.z~, Ada. Couz~t}+, Idaho, tnc~re p~urticn~ly ~lescril~~d as "tai t~t~~s: ~_~~~~~~NT cc ~s> Gt?14IlIE\TC:I~,TC; at tl~e ;zc~uth~~~e~t rt~.r t,f said Sccti+~n ~2, i'rc~m wliic~z pcJit~t, the souk cl~ir rtcr eorr~er of :~z~.i~l secti{zn t7ti.ars, 5.~9°17' l7''E., 2G4'?.l~ feet; thence:, along ~e section line c~~mz~~on t~z Sectioz~~ 2l and 2 .~) ~~.t7~.~'3()'~ ~''.~. ~Ih,tl(l feet to a point oz~ ~e northerly right-of-way tine cif State i~z~lt:~~°ai~ ~~?1 anti tiz~; I'OII~T fll+~ ~~+~`lT'~; thence, alc~rtg Laic right. o#' ~~~a~' li~~c~, l 1~~.8{~°2~'~C~"1'~'., l ~.1 S fc~t; tlzencc, } Iti~.~~~L#1'°~~`~~~~.~ I~i~.~? i'eet; thczlcc, ~} I~.~}`"5~7'S~?'Tt,., ,`~.~~ Ic:~'t; thence, ~~ lti:c7~s``~~''2E~''1~,., ~~.Cl feet to the hcginrzing ofatangcnt cz~nTc; thence, ~} l4?~~z-tl~c<~ste.rl~~ alcFrzg sicl ctzr~=c to the ri.~ht ha~~iizg a radius t~# 14€8.1{? feet, ~ arc- lc:ngil~z of 21.U5 feet; thrat~h a cer7t-ral angle of {}1"47"45, and a chard. laearizzg tznzi tli,5tanc;c of Iv.t:1S`=5~'~7"f~., 21.(75 fc~t to tl~c iz~tcrsoctiot~ with the section line c:c~rzzrzzot~ to said sectic~rys~ thancc, alc~t~g paid section line, nc~n~- tangent ions said cunrc, ~} 5.44"~4'3~"~~'., 359.2.~i feet to tlze. Pl7INT C)l~w T3~'C~~l'tiTl~gl~NG. SAIII PAIt(I1L coz~tainii~g t~.13 act, n~orc or lcss. ht~~.~~'~~1'T ~~~~~ CCIMNiEi~CI1Cr ~zt t1~e southwest carne'r flI'said Section , :from which point, the ~fih tluartcr career of s~~id secticJn hears, 5.8~~17'47"E., 2b47.1f fcct; thence, alcm, section lz~c coznn~on to Sections ~ ~d 22, B~ h,(74~3t7'~~:3"1?,, 4f7,i~t1 feet to a point on the northexly r~l~t-of-r~ray line ~f State ligh~~~a~, 2~7>'2C~ thence, aioz~t said z~iht~f ~~~F line ~} S.St)c l 7' ? ~ "F;., ~~tlM.4t? fcct to the sorrtl~tvest comer of Lot. 1, Block. 1 of Puma St~t~Eli~r~i5i~~n z-c~cordecl in l.~z~ok 71 of Plats at Pages 7264 tlz~rti 7265, Ada C'~zizlty r=ucard~. Said paint tieing the intersection of the northerlyright-of ~~y li~~c of said Stag; ~i~h~~~av 2{7r'2f3 t~~.th tl~e easterly night-©f-~~ra~% ]ins of AI. Black Cat. F~aatl; thence, aAc~z~g the wcstcxiy line of said Puma Subdivision, D~ lv,GO~~t~'~"E., ~22,Qb feet to the PC}7I4T CIF BEC~IiNNll~trC; tllez~e, continuing along said ~~,~cscrl~; line,, EXHIBIT A TO SEWER EASEMENT -Page 1 of 2 \\Ntapps0l\ProLaw\Documents\Eggers, JoAnn\26354\Blank Word DocumentV2805.doc 1 Date: Aut=st lC, 2007 Page: '? t~l" 2 7) I~i.t)0"3t3'33"L.T 17Q.33 feet tat iT~e b~g~ing of a rtc~zt-tatt~ent cur~~e? tk~en~e, $) filortheastcrly al~agxg said curve to the rf~ht ha~Ting a raffitts of l t)68, l0 feet, azt ai-c ic~n;~ih r3f 2t1~,14 feet, throi~gi~ a ceccitral angle of 11°l'U7", ajid a chard 17caring a~-lci cistatYCC c~fN,~2°29'~9"E., 208.$(} fit; thence, tan,tt fi~cn seed ~tuz.-e, 9) I~.27~'41'3t~"Ia., 299>.~ feet; thmc~e, 10) S.G4°35' 3~"~:., 283.9 feet to the glnxring crf a tangent cure; th~c~, 11} Soutfle~7teriy along said curve ttt the lel:I having ~ radius of 1167.33 fit, an arc le>:rgtlr cf $41.4' feet, througls. a cc;ntral angle of 41°18'U6", and a chord bey°in~ t~€~c3 cli~tance of .$5°t4'~(~'~E., g3.37 felt to a point on tf'e eaaterly line elf 4s id s~~utlr~~~est ~~.~ c~l~ il,G :sc~t~th~~rest'/a €~f said cction 22 tl~s+nce, ~lc~tt €ziti v~=estcrl} fi~~t;, nozx-tangent frc~~n paid curve,: 12} S.t?t~~3C~'4~~"t~~' 36.44 feet to the t~~wginnin,g +af a nan~t~!ngent curve, on a lute iaarallel ~.~~ith and 35.tJt} feet soutirerl3= of the abovc~de~rhed courses 1€1 and 11; ti~et~ce ;~i~~zai; saki paraIiel iit~te tf~rou~t the 1`bllt~~,~ing ec~urses: 13) i~arth~~-t.steri4 ~.~It~n~ raid cu1~=c to tf~e right ia~=ing a raclil~s cif 1.2(12.33 f~~t, ~t3 arc lct~gtll cif 8~6,~$1 feed, a~~ axe: length of 8~t~,41 feet, through a central angle c~I' =i(}"4~'~0", w€~. a choni hc~la-ii~4,: uncl distances +~f N.84°~'~7"~'., 138.42 feet; thwr~eef tangent frvrrm saki t;tzr.~t;, 14~ N'.64'~3a'37"~V., 24~.~9 f+set to the f~egintut2~g of a nan~tarlwent curc~e; :thence, leati•ing said i~arallel line, 15) Sc~utl~~~~estcrfy- ult~itg s~liil cure tea the lell lta~~ing a radius of 28.OC1 feet, art arc lcntth cli' 12.4(1 feet, tll~-o~t~h ~~ ecntr~di angle of?~" 2?'3fi", artd a chord bearittl; at~cl dista!ice of S.4t?r'"`?'af~"~1r., i2.3C~ feet to a line pllcl ~~rith and 3S.t10 f'ect sotttheasterl~r ref (fie ah~~re-clcscriiaed cotarse~ 7 thru );.thence, along said. puraifcl life, ta~~~e~z3t f~or~~ said c:~zl~rc, 16~ S.`?iJ41':t'J"~,i'.,Zfy~.~7 feat to fire be~:;nning ofa ta~gcnt curve; thence, 17j Stxzth~~°cstf rl~r a1o1~~ said. cun-e to the left htlvin~; a radius of ((1()2.13 fc+~f, ast ar~r, ie:n~,th o1' ?25.53 fact, thr€~tigh a central angle of l8°.36'42", atati a chord he~~ring x~zltl dist:lree of S.ili`'1>'S~"~~~., 324.14? feet; tf~ence, tangent from said etrrvc, 18) ~.t)K"4~}'2Fi"t'4'., 26.28 fe~;t tc~ the POIir~' OF IiE~Ii'~t;tirlC:. SAID P.~KCFsI. ecltltai~~itt~; 1.3~ acres, more. or less. S~ P~1R~CE1, cc~utait~irl~ x,91 acres, metre or less. Std): 3EG'T TQ, ail ~'o~~enat'tts, Rights, Rigfats-cal-'4~'ay, Easestents s~f Record, and other Eucutvlaranees. ~XIIIBIT `~y>'T attacl~ecl, and by this referetrce rx3cide tt art her~f ~'k!ttt~.4tt7tFah S~ h!s'sn F~^er~.dsac EXHIBIT A TO SEWER EASEMENT -Page 2 of 2 \\Ntapps0l\ProLaw\Documents\Eggers, ]oAnn\26354\Blank Word Document\12805.doc ~~~~ ~~~~ ~~~~// Pag~~~"'_._.._ n ~ ~ ~ o 0 0 9-, ~~ o I -~ N ~ a O . w W ~~ ~ ~ ~ c °=a=~ Z ~ ~ ~ZU ~ M ~ ; r ~a~ =W U U ~ n ~~ ~ Z w O~ ~~~ y l~ C ~ ~ d' ?~no N i~ H oW~ a ~~~ I ~ ~ y~y ~ z ~\~ ~ ~ ~~~ c ~ r A w W ~ ~ i ~ z xx Q7 M ~FW ~M ~ ~ ~ Z W ~az ~• N A ~ ~ ~ a~~ NW ~ ~ O ~..i ~ ~ h ~ a ''~ '~ co ~ a~ I o ~8. (~ ~ Z s~ ssz ~eF 6 lg~Z~h ~ m ~ `~~zy i o o °' 0 9,~ J a aJ ~ ~ 90'ZZ£ ~ ~ - ~' 9Z'6S£- - - - 3u~~,o~.ooN ~-, ~--- z-, ,~ ~ g a~o~ spa x~~s •N ; ~ J J U ~(OR O~ 0 ~~~ z J N ~ r~o~ ~ N O 0 0 ~ ~ ~ ~ ~~~, y~ ~ O d ~~ 0 ~, D OOO M ~ M O 2 ~ .- N o~ N M ONO 00 OM 0 ~ ~ 1N7 W 2 ~ ~ C9 Z 1~ N ~ O o o ' n t 0 d ~A ~ O ~1 ~A ~ N ~ ~ CE ~ N N M .- m GO O N N ~ OD ~ EO p(~ V' OD ~ Z Z tn Z (n (n jn F> t0 © tO N J ~ ~ J X ~ 0 M 0 aO ~F Cd M N d' t0 I- O ~ ~ ~ d ' N M ~ ~ l~ oo d' N ~ U ~ Op .~- ~ d^' A IM ~ N ~ N ~ C~D ~ ~ '-' N M y ~ o o M M a ~ ~ GD cC OO CO I~ tO N O O C0 N O O ~ O ~ ~ ~ N N O U N (j M U ~ U ~A U tG U V ~ ~ ~ ~ O 0 O~f 1~ ~ ~D ^ M ~"~ ^ ~ M N N O ~ O M ~ ~ ~w ~w w ~ ~ w w W mJ G Z tO sF ~ N : G~ !n tG N M M O -~ s} (O N M r~ O I~ r- 1 ~"' ~ d- N - O Of ~A 0~ '~ r7 O M ~ s} M ~ ~ m O p O O O O O O O = 0 p Z Z Z Z Z N ln Z O D N Z j N M d' il) tG f~ tO C~ J J J J J J J J J J PaSe.~..lo~.-~dG- 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: F. Sanitary Sewer Easement Agreement for Jayker's Subdivision 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 Agreement 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 Agreement with Nampa Meridian Irrigation District for Bienville Square 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. Agreement 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 up on 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