Sanitary Sewer and Water Main Easement with Howell, William and Mary for Medina SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
BOISE IDAHO 10I1fi107 11:32 AM
DEPUTY Bonnie Oberbillig Ill I I ll II IIII I II i II ~ II lI I ll II I I l (I'll
RECORDED-REQUEST OF 1E17141995
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 2~~ day of , 20~~between
William and Mary Howell, 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 theright-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 EASMTPSW~~
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:
William Howell
ary H e 1
STATE OF IDAHO
ss
County of Ada )
On this ~ day of - Y~ , 2047, before me, the undersigned, a Notary
Public in and for said State, personally appeared Willliam Howell
and Marv Howell ,known or identified to me to be the property owners, respectively,
of the corporation that executed the within instrument, and acknowledged to me that such
corporation executed the same.
IN WITIY~j~HEREOF, I have hereunto set my hand and affixed my official seal the day
and _~*~r'~ifleet$Ibsu/~'~rritten.
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Sanitary Sewer and Water Main Easement
NOT Y PUBLIC FOR I AHO
Residing at: ~'~ ~'
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EASMT SW MAIN
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weerd, Ma _
Attest by William G. Berg, ity Clerk /~`'~•,,~ QTY . ~~``,~Aa,
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Approved By City Council On: lC ~~
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STATE OF IDAHO, )
ss.
County of Ada )
On this ~~`~` day of ~' ('_.-{-~^ ~ ~,~ 1 , 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.
•' ~ •.
(SEAL) ; ~'+~: NOTARY PUBLIC FOR IDAHO
Residing at: °~'Y'1, ~ ({~~_ 1 ~~'
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Sanitary Sewer and Water Main Easement EASMT SW M`~
PaBe~=.~..JD~.=..--.
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May 4, 2007
Project No. 06066
Legal Description
Sanitary Sewer/Waterline Easement
MEDINA SUBDIVISION
EXHIBIT KA»
A twenty foot wide permanent easement for the purpose of construction, access and
maintenance of sewer and water facilities situated in the Northeast One Quarter of
Section 24, "Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada
County, Idaho, described as follows:
Commencing at a found brass cap moraumenting the Northeast Corner of said Section 24
at the intersection of West Overland Road and South Meridian Road (also known as State
Highway No. 69), from which a aluminum cap monumenting the East One Quarter
corner of said Section 24 bears South 00°37'06" West a distance of 2649.91 feet;
Thence following the easterly tine of said Section 24 and the centerline of said South
Meridian Road, South 00°37'06" West a distance of 91.79 feet to a point; _
"Thence North 89°22' 54" West a distance of 50.00 feet to a point on the westerly right-of-
way line of said South Meridian Road;
Thence following said right-of way line, South 00°37'06" West a distance of 305.6I feet
to the POINT OF BEGINNING;
Thence continuing fallowing said westerly right-of--way line,
South 00°37'06" West a distance of 20.00 feet;
Thence leaving said westerly right-of--way line, South 89°58'S3" West a distance
of 67.99 feet to a point;
Thence South 00°01'07" East a distance of 91.77 feet to a point;
Thence North 90°00'00" East a distance of 66.97 feet to a point on said westerly
right-of way line;
Thence following said westerly right-of way Tine, South 00°37'06" West a
distance of 20.00 feet to a point;
'Thence leaving said right-of--way line, South 90°00'00" West a distance of 69.88
feet to a point;
"Thence South 00°00'00'' East a distance of 12.98 Feet to a point;
Thence South 90°00'00" West a distance of 20.00 feet to a point;
Thence North 00°00'00'' West a distance of 12.9$ feet to a point;
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Thence South 90°00'00" West a distance of 397.23 feet to a point;
Thence North 00°37'06" East a distance of 30.67 feet to a point;
Thence North 90°00'00" East a distance of 221.54 feet to a point; -
Thence North 00°01'07"West a distance of 153.x2 feet to a point;
Thence Nort1~ 90°00'00" West a, distance of 25.16 feet to a point;
Thence North 00°01'07" West a distance of 27.19 feet to a point;.
Thence North 90°00'00'' West. a distance. of 65.36, feet to a point;
Thence North 00°00'00" East a distance of 20.00 feet to a point;
Thence North, 90°00'00" East a distance of 65.36 feet to a point;
Thence North 00°01'07" West a distance of235.63 feet to a point on the
southerly right-of-way line of said West Overland Road;
Thence following said southerly right-of--way line, South 89°47'20" East a
distance of 20.00 feet;
Thence leaving said southerly right-of--way line, South 00°01'07" East a distance
of 35.78 feet to a point;
Thence North 89°58'53" East a distance of 26.70 feet to a point;
Thence South 00°01'07'' East a distance of 10.00 feet to a point;
Thence South 89°58'53'' West a distance of 26.70 feet to a point;
Thence South 00°01'07" East a distance of 74.74 Feet to a point;
Thence North 89°58'53" East a distance of 24.63 feet~to a point;
Thence South 00°40'00" East a distance of 26.90 feet to a point;
Thence South 90°00'00" West a distance of 24.62 feet to a point;
Thence South 00°01'07" East a distance of 88.14 feet to a point;
Thence North 90°00'00" East a distance of 203.65 feet to a point;
Thence South 00°01'07" East a distance of 99.50 feet to a point;
Thence North 89°58'53" East a distance of 68.21 feet to a the POINT OF
BEGINNING;
EXCEPTING THEREFROM:
Commencing at a found brass cap monumenting ilae Northeast Corner of said Section 24
at the intersection of WesE Overland Road and South Meridian Road (also known as State .
Highway No. 69), from which a aluminum cap monumenting the East One Quarter
corner of said Section 24 bears South 00°37'06" West a distance of 2649.91 feet;
Thence following the easterly sine of said Section 24 and the centerline of said South
Meridian Road, South 00°37'06" West a distance of 91.79 feet to a point;
Thence leaving said easterly line and said centerline, North 89°22'54" West a distance of
50.00 feet to a point on the westerly right-of--way line of said South Meridian Road;
Thence following said right-of--way line, South 00°3706" West a distance of 305.61 feet
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to a point; Thence leaving said westerly right-of--way Tine, South 89°58'53" West a
distance of b8.2I feet to a point;
Thence North 00°01'07" West a distance of 99.50 fEet to a point;
Thence South 44°59'26" West a distance of 28.28 feet to the POINT OF BEGINNING.
.Thence South 00°01'07" East a distance of 18fl.G0 feet to a point;
Thence South 90°00'00" West a distance of 158.49 feet, to a point;
Thence North 00°01'07" West a distance of 173.42 feet to a point;
Thence North 90°00'00" West. a distance of 2S. I6 feet to a point;
Thence North.00°01'07" West a distance of7.] 9 feet to a point;
Thence North 90°00'00" East a distance of 183.65 feet to the
POINT OF BEGINNING.
Said easement contains 0.80 Acres snore or less, subject to all existing easements and
rights-o;f-way. '
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: The Land Group, Inc.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 {FAX}
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`~ /,•-..r, T.HF L~iND CROUP, IlV'C. EXHIBIT "B° a5raizoo~
r1 r c~ sn~n..,;~ PROJECT NO.06066
~ ,~• ~~ A~ ..~a„~P. ~,~;~~• SEWERMlATER ESAEMENT
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Meridian City Council
October 2, 2007
Page 3 of 35
B. Approve Minutes of September 18, 2007 City Council Regular
Meeting:
C. Approve Findings of Fact and Conclusions of Law and Order
of Approval: PP 07-013 Request for Preliminary Plat approval for
11 building lots and 2 common lots on 26.35 acres in an I-L zone
for Kennedy Commercial Center by DBSI Meridian 184, LLC -
1250 West Overland Road:
E. Development Agreement: AZ 07-007 Request for Annexation
and Zoning of 1.56 acres from RUT to R-8 zone for Amar
Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive:
F. Sanitary Sewer and Water Main Easement Agreement for
Medina Subdivision by William Howell:
G. Water Main Easement Agreement No. 1 for Hiah Desert
Marketplace by Thomas Motors, Inc.:
H. Water Main Easement Agreement No. 2 for Hiah Desert
Marketplace by TMI Investments, LLC:
I. Water Main Easement Agreement for LDS Church (6575 South
Eagle Road):
J. Approve Agreement for Personnel Services with AspireOn:
K. Resolution No. 07-581 VAC 07-011 Request for a
Vacation of the 10 foot public utility easement platted on Lots 1 -
12 of the Queenland Acres Subdivision for Queenland Acres by
James Prather -Southeast Corner of South Stoddard Road and
West Overland Road:
L. Change Order No. 2 for the Water Division Building Proiect
(Construction - Joslin Millwork, Inc.) for $9,838.00:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we -- on the Consent Agenda Item D will be moved to 7-D. Item M will be
move to 7-M on the regular agenda and the resolution number for Item K is 07-581.
Meridian City Council
October 2, 2007
Page 4 of 35
With that I move we approve the Consent Agenda and for the Mayor to sign and the
Deputy Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. Mrs. Smith, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. IT Department
1. Update on IT Department 2006 Audit:
De Weerd: Thank you. Okay. Under 6 -- Item 6, Department Reports, we will start with
Terry with the IT Department.
Paternoster: Well, Madam Mayor, Members of the Council -- can you hear me okay?
All right. We will wait for the projector to get turned on and while that is happening, just
to give -- ask one question. In your packet you should have had an IT audit status
update, October 2007. Everybody have that? Okay. And just for Councilman
Zaremba's benefit, just to briefly go over what this is about, is that last year in 2006 we
hired a consulting company to come in and do an audit of the IT Department to just
figure out, you know, what processes are we doing good, what things could use
improvement, and, basically, come up with some recommendations for how we could
better serve the city and integrate the Information Technology Department with the city
and this is just an~update following up on those recommendations and giving status as
to each item. So, if there is no questions I will get the presentation going.
De Weerd: Okay.
Paternoster: Just a little quip up there to kind of add a little light to things. It's better to
do the right thing wrong than the wrong things right. The righter we do the wrong things
the wronger we become. So, basically, I just followed the outline that was used last
year in the presentation, which lists each item of the recommendations. The black we
were to start or implement immediately. The orange we were to do within six months.
And the green were within 12 months, just to kind of give you a brief idea of what each
color means. And the first one is -- I'm going to go through the items that were
completed and that we have got out of the way. The first one is the IT manager needs
to delegate and be proactive and outward facing. We have completed that with the