Sanitary Sewer Easement with Stetson Properties, LP for Black Cat Sewer Trunk• •
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAH012120107 01:05 PM
RECORDED nREQUEST OF9 II I I I II II ilil l II II IIII II I II II I I i I I III
Meridian City 107167635
SANITARY SEWER EASEMENT
THIS INDENTURE, made this T day of. , 20~~ between Stetson Properties, LP., and
Linder 109, 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)
The easement hereby granted is for the purpose of construction and operation of a 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
Sewer Main Easement EASMT.SWR MAIN
Linder 109 Stetson LP City of Meridian
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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:
109~~ \
L. J ett, it's, Mana~in~ Member
Stetson Properties, LP.,
By Eck Properties, LLC, Partner
By Tim W. Eck, Member
STATE OF IDAHO )
ss
County of Ada )
On this ~ b t~ day of Fe~r• ~.a~,~ , 20~, before me, the undersigned, a
Notary Public in and for said State, flersonally appeared James L. Jewett, and
Tim W. Eck, known or identified to me to be the Managing Member and or Partner,
respectively, of the corporation that executed the within instrument, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
Sewer Main Easement EASMT~A
Linder 109 Stetson LP City of Meridian
r:
and year fist above written.
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NOTARY PUB IC FOR IDAHO
Residing at: Mer;al~Q„
Commission Expires: ~a ,mar 2°I Zal3
GRANTEE: CITY OF MERIDIAN y,Siiii+!/!
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Tammy de W
Attest by William G
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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Clerk ~'%,, C~,~1T`t ~~~ ,,~`,
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On this~~ day of ~('~~~~J' , 20~efore 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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Sewer Main Easement
Linder 109 Stetson LP City of Meridian
NOTARY PUBL C FOR IDAHO
Residing at: ~
Commission Expires: ~ O-~ ~ ~~ ~
EASMT.SWR MAIN
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'rI-fF LAMA GROUP, I\C.
February 16, 2007
Pz•oject No. 05021
Legal Description
Sanitary Sewer Easements
SOUTHRIDGE SUBDIVISION
3.42 acres
EXHIBIT "A"
•
An easement for the purpose of constz•uction, access and maintenance of sanitary sewer
facilities situated in the Northeast One Quarter of Section 23, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a found 5/8-inch steel pin monumenting the Northeast Corner of said
Section 23 on the centerline of W. Overland Road, from which a brass cap monumenting
the North One Quarter of said Section 23 bears North 89° 19'41 " West a distance of
2,661.73 feet;
Thence following the northerly line of said Section 23 and the centerline of said W.
Overland Road, North 89° ] 9'41 " West a distance of 25.00 feet to a point;
Thence leaving said nortl~erly line and said centerline, South 00°41'26" West a distance
of 25.00 feet to a point at the intersection of the southez•ly twenty-five foot prescriptive
easement line of said W. Overland Road and the westerly twenty-five foot prescriptive
easement line of S. Linder Road being the POINT OF BEGINNING.
Thence following said westerly twenty-five foot prescriptive easement line,
South 00°41'26" West a distance of 2.30 feet to a point:
Thence leaving said westerly prescriptive easement line, North $9°16'48" West a
distance of 309.81 feet to a point;
Thence South 88°42'47" West a distance of 362.72 feet to a point;
Thence South OS°57'14" East a distance of 129.06 feet to a point;
Thence Soutl~ 28°36'48" East a distance of 114.83 feet to a point;
Thence South 64°00'08" East a distance of 281.61 feet to a point;
Thence South 38°02'11" East a distance of 225.06 feet to a point;
Thence South 69°54'13" East a distance of 120.53 feet to a point;
Thence South 89°18'34" East a distance of 92.12 feet to a point on said westerly
prescriptive easement line;
Thence fallowing said westerly prescriptive easement line, South 00°41'26" West
a distance of 30.00 feet to a point;
Thence leaving said westerly prescriptive easement line, North 89°18'34" West a
distance of 97.25 feet to a point;
Lnndrenpe i3re%itedu~r • Site Plmu~iiig • Ciadl EugLfeeirng ~ Go/f Course Irrignlion ~ Eugi»eering ~ C~rn~Gi~ Camiuiaicalion
4G2 1. Shore llm~e, Ste. 100, Iial;le, Idaho $3G1G • P 208.939A047 P 208.939.4445 • ww~c diehndorrm~~c.rom
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Thence North 69°54'l 3" West a distance of 134.22 feet to a point;
Thence North 38°02'11" West a distance of 226.71 feet to a point;
Thence North 64°00'08" West a distance of 284.27 feet to a point;
Thence North 28°36'48" West a distance of 130.41 feet to a point;
Thence Nort1105°57'14" West a distance of 137.99 feet to a point;
Thence North 89°19'41" West a distance of 686.64 feet to a point;
Thence North 86°52'33" West a distance of 303.84 feet to a point;
Thence North 89°19'41" West a distance of 28.64 feet to a point;
Thence North 00°38'49" East a distance of 2.00 feet to a point on the southerly
prescriptive easement line of said W. Overland Road;
Thence following said southerly prescriptive easement line, South 89°19'41" East
a distance of 1,721.30 feet to the POINT OF BEGINNING.
TOGETHER WITH:
An easement for the purpose of construction, access and maintenance of sanitary sewer
facilities situated in the Northwest One Quarter of Section 23, Township 3 North, Range
1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the North One Quarter of said Section
23 on the centerline of W. Overland Road, from which a found brass cap monumenting
the Northwest Corner of said Section 23 bears North 89°14'56" West a distance of
2,652.36 feet;
Thence following the northerly Iine of said Section 23 and the centerline of said W.
Overland Road, North 89° 14'56" West a distance of 66.73 feet to a point;
Thence leaving said northerly Iine and said centerline, South 00°45'04" West a distance
of 25.00 feet to a point on the southerly prescriptive easement line of said W. Overland
Road being the POINT OF BEGINNING.
Thence South 87°11'18" West a distance of 192.Sb feet to a point;
Thence South 77°16'28" West a distance of 270.10 feet to a point;
Thence South 62°36'27" West a distance of 245.81 feet to a point;
Thence South 47°56'26" West a distance of 245.81 feet to a point;
Thence South 33°16'25" West a distance of 246.58 feet to a point;
Thence South 21°30'35" West a distance of 192.25 feet to a point;
Thence South 14°10'42'' West a distance of 54.64 feet to a point;
Thence South 11°46'52" West a distance of 396.70 feet to a point;
Thence South 29° 15' 19" West a distance of 400.28 feet to a point;
Thence South 51°39'43" West a distance of 400.17 feet to a point;
Thence South 6$°20'57" West a distance of 187.10 feet to a point;
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Thence South 84°02'52" West a distance of 397.94 feet to a point;
Thence North 89°16'08" West a distance of 355.93 feet to a poizit on the easterly
twenty-five foot prescriptive easement line of S. Ten Mile Road;
Thence following said easterly twenty-five foot prescriptive easement line,
North 04°56'16" East a distance of 30.00 feet to a point;
Thence leaving said easterly twenty-five foot prescriptive easement Line,
South 89°16'08" East a distance of 354.07 feet to a point;
Thence North 84°02'52" East a distance of 392.06 feet to a point;
Thence North 68°20'57" East a distance of 178.56 feet to a point;
Thence North S l°39'43" East a distance of 389.83 feet to a point;
Thence North 29°15'19" East a distance of 389.72 feet to a point;
Thence North 11°46'52" East a distance of 392.72 feet to a point;
Thence North 14°10'42" East a distance of 57.19 feet to a point;
Thence North 21°30'35" East a distance of 197.26 feet to a point;
Thence North 33°16'25" East a distance of 253.53 feet to a point;
Thence North 47°56'26" East a distance of 253.53 feet to a point;
Thence North 62°36'27" East a distance of 253.53 feet to a point;
Thence North 77°I6'28" East a distance of 200.12 feet to a point on said southerly
prescriptive easement line of W. Overland Road;
Thence following said southerly prescriptive easement Iine, South 89° 14'56" East
a distance of 270.98 feet to the POINT OF BEGINNING.
The above-described easements contain 3.42 acres, more or less, subject to any existing
easements oz• rights-of--way.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
L.nir~trrnfie Arcbiledme • Site Phunigq ~ Ciui/ Fugir~eeriug • Go/jComxe brigntiou e? L--• u~ieeerin~ ~ Grn~iAit Con~iunaicnlron
462 E:. SEx>re Drive, Ste. 100, ]3aglq ]daho 83616 ~ P 208.939.4041 I~ 208.939.4445 ~ wwar.thcland;*resupiiir.com
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Meridian City Council
December 4, 2007
Page 3 of 77
C. Change Order No. 2 for the Water Division Building Project
(Construction -Northwest Electric) for $9,349.00:
D. Water Main Easement Agreement for J&K investments,
Meridian, LLC:
E. Amendment to the Roster of Qualified Consultants for
Engineering Services, Water, Wastewater, and Miscellaneous
Public Works Projects of the City's Master Service Agreement
with H.W. Lochner, Inc.:
F. Approve Standard Form of Agreement with Brown
Construction, Inc. for the Construction of the Black Cat Road
Water Main Improvements Project for $711,983.20:
G. Development Agreement: MI 07-012 Request for a
Miscellaneous application to modify several provisions of the
recorded Development Agreement (Inst. 107099628) for the
Gardner Ahlquist development and to include both phases of
Gardner Ahlquist Subdivision into one Development Agreement for
Gardner Ahlquist Gateway by Timberline Surveying, PLLC -
Southeast Corner of East Franklin Road and North Eagle Road:
H. Approve New Beer and Wine License for Fuddruckers by
Grantt Grace Meridian, LLC at 3421 North Eagle Road:
I. Sanitary Sewer Easement Agreement for Black Cat Sewer
Trunk by Stetson Properties, LP:
De Weerd: Consent Agenda. Item 5.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I move that we approve the Consent Agenda as written and for the Mayor to
sign and the Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you, please, call roll.
Meridian City Council
December 4, 2007
Page 4 of 77
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayors Office:
1. Appointment to Meridian Development Corporation:
De Weerd: Okay. Thank you. Item 6 under department reports, I did get Councilmen
Borton's a-mail about stepping down from the MDC, as he had a conflict and my
appointment would be is -- is there a memo form in front of you is to appoint the Mayor
as the other elected representative and would open it up to any questions.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I move that we approve your appointment of yourself, the Mayor, to the open
seat on the MDC board.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. Thank you. Okay. There were no items moved from the Consent
Agenda.
Item 8: Impact Fee Annual Report by Finance Department:
De Weerd: Item No. 8 is our impact fee and a report by our finance department. Stacy.
Kilchenmann: Madam Mayor, Members of the Council, for 2007 I am the new --
De Weerd: Is that on? Is that mike on?