Sanitary Sewer Easement with Tuscany Development, Inc. and The Craig and Rebecca Groves Foundation for Bearwood SubdivisionRecording Requested By and
When Recorded Return To:
Matt Schultz
RMR Consulting, Inc.
2127 S. Alaska Way
Meridian, ID 83642
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 17
BOISE IDAHO 12120/07 01:05 PM
RECORDED -REQUEST OF II I I I II II IIII I II II IIII II III II IIII I III
Meridian City 107167638
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SANITARY SEWER EASEMENT
This Sanitary Sewer Easement (this "Easement') is entered into this ez day of
October, 2007, between Tuscany Development, Inc., an Idaho Subchapter "S" corporation, and The
Craig and Rebecca Groves Foundation, hereinafter together the "Grantors;" and accepted by the
City of Meridian, Ada County, Idaho, hereinafter the "Grantee."
RECITALS:
A. Tuscany Development, Inc., is the owner of the real property, all improvements (if
any) thereon, and all easements, rights, and appurtenances thereto, described on Exhibit "A,"
attached hereto and incorporated herein by reference.
B. The Craig and Rebecca Groves Foundation is the owner of the real property, all
improvements (if any) thereon, and all easements, rights and appurtenances thereto, described on
Exhibit "B," attached hereto and incorporated herein by reference.
C. Grantors desire to provide sanitary sewer services across the premises and property
described in Exhibits "A" and `B." The sanitary sewer facilities are to be provided through an
underground pipeline to be paid for and constructed by third parties, in a good workmanlike manner.
The ownership of the sanitary sewer facilities is to be transferred to Grantee upon completion.
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors agree as set forth below.
AGREEMENTS:
1. The above Recitals are incorporated herein as if set forth in full.
2. Each of the Grantors does hereby give, grant and convey unto the Grantee a perpetual,
SANITARY SEWER EASEMENT PAGE 1 OF 9
SEWER EASEMEN-BEARWOOD (10-22-07)
non-exclusive easement and right-of-way for construction, operation, and maintenance of a sewer
line under and across that portion of the respective Grantor's real property (described on
Exhibits "A" and "B," respectively) which lies within the easement area (the "Easement Area")
described and depicted on Exhibit "C," attached hereto and incorporated herein by reference.
The easement granted in this Paragraph 2 is subject to other easements and encumbrances of record
and is granted for the purpose of construction, operation, and maintenance of a sanitary sewer line
and associated facilities, together with their maintenance, repair and replacement, in compliance with
Exhibit 11C." The easement facilities shall be constructed and installed in a good and workmanlike
manner in compliance with the specifications of Exhibit "C." The facilities installed (but not the
real property) shall, upon their construction, installation, and acceptance by Grantee pursuant to this
Easement, be deemed Grantee's personal property, to be maintained by Grantee.
3. Grantee acknowledges that Tuscany Development, Inc., is conveying only the
easement interests relating to the real property described on Exhibit "A" and makes no
representation as to the ownership of real property held by The Craig and Rebecca Groves
Foundation. Grantee further acknowledges that The Craig and Rebecca Groves Foundation is
conveying only the easement interests relating to the real property described on Exhibit "B" and
makes no representation as to the ownership of real property held by Tuscany Development, Inc.
4. Grantors also grant to Grantee a right of access to the sewer line facilities via
a temporary gravel access road until such time as a permanent paved road is constructed over said
sewer line upon future development of the Bearwood Subdivision. The temporary easement right
granted in this Paragraph 4 shall be temporary, non-exclusive, and subject to encumbrances of
record; and shall expire when the road is accepted by governmental authorities and conveyed to the
public.
5. Grantors shall not place or allow to be placed any permanent structures, trees, brush,
or perennial shrubs or flowers within the Easement Area which would interfere with the use of said
easement, for the purposes stated herein. Grantors shall be entitled to connect into the sewer line,
after receiving approval from governmental entities having authority, without paying fees above
those customarily charged.
6. After entering the Easement Area to make repairs or perform maintenance pursuant to
this Easement, Grantee shall restore the Easement Area to that existing prior to such repairs and
maintenance; provided that Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the Easement Area shown on Exhibit "C" that was placed there in violation
of this Easement.
7. Should any part of the right-of-way and Easement hereby granted become part of, or
lie within the boundaries of, any publicly dedicated and publicly owned 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 be completely relinquished.
8. This Easement Agreement shall be construed and interpreted in accordance with the
laws of the State of Idaho. The parties agree that Ada County is the proper venue.
SANITARY SEWER EASEMENT PAGE 2 OF 9
SEwER EASEmEN -BEARWOOD (10-22-07)
9. This Easement Agreement shall be binding upon and inure to the benefit of the parties
and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of
any kind.
10. This Easement Agreement, together with the Exhibits, constitutes the entire
agreement among the parties and supersedes all prior memoranda, correspondence, conversations
and negotiations. This Easement Agreement shall be effective only when signed by all parties and
recorded in the official records of Ada County, Idaho.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
TUSCANY DEVELOPMENT, INC.,
an Idaho S chapter "S" corporation
By:
Name rego . J n
Its: esident
STATE OF IDAHO )
)ss
County of Ada )
/e
On this R day of , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared Gregory B. Johnson, known or identified to me to be the
President of Tuscany Development, Inc. that executed the within instrument, and acknowledged to me that
such corporation executed the same.
1
(SEAL)
NOTARY PUBLIC FOR IDAHO
140T.4 ��',.� Residing at:
�p H Commission Expires"
v►� AVS LIG
'••.,� OF ID �'..••'
SANITARY SEWER EASEMENT PAGE 3 OF 9
SEWER EASEMENT_BEARWOOD (10-22-07)
GRANTOR:
THE CRAIG ANP REBECCA GROVES FOUNDATION
By: V '"---
Name: An D. Byron, Trustee
STATE OF IDAHO )
) ss
County of Ada )
On this —-- day of 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared Andrew D. Byron, known or identified to me to be a Trustee
of The Craig and Rebecca Groves Foundation that executed the within instrument, and acknowledged to me
that such Foundation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
fist abovewritten.
Y PUBLIC FOR IDAHO
Residing at
Commission Exnir
the day and year
ra
SANITARY SEWER EASEMENT PAGE 4 of 9
SEWER EASEMENT BEARWOOD(10-22-07)
GRANTEE: CITY OF MERIDIAN ,<<r ,
Tammy de Weer ayor
jNce U
Attest by William G. Berg, City Clerk
n / rrrrrri n11
Approved By City Council On: / C e �&(` , I � 200 7
STATE OF IDAHO,
) ss
County of Ada
On this day of OC ffiLfV' 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 hard and affixed my official seal the day and year
first above written.
(SEAL) 04p,1V1 _ G',•..
0 •
.�s>,
Oones*••
SANrrARY SEWER EASEMENT
SEWER EASEMENT_BEARWOOD (10-22-07)
NOTARY PUBLIC FOR IDAHO
Residing at_( ���� 6 M1 ( , 10
Commission Expires: "
PAGE 5 OF 9
Exhibit "A" to ewer Easement Agreement:
�Xt�ilorf^'/9' a
Legal Description of real property owned by Fate 19 a.
Tuscany Development, Inc.
PARCEL I
A part of the East half of the Kortheast quarter. of the Southwest quarter of
Section 24, Township 3 North, Ra,ngg l West, Bore Meridian, Ada County,!' Idaho,
more particularly described as follows:
Beginning at a railroad spike whish- is the centAr of Section 24, Towns', p 3
North, Range 1 West, Boise Meridi, Ada Count!', Idaho, and the REAL PINI' OF
BEGINNING, thence
South 89044140" West 661.98 feet a]lAng the quarter line to a point; th„ ce
South 0°01'18" East 994.50 feet aleng the 64th -line to a point; thence]
North 89'44'40" East 661.27 feet to a point; thence
North 994.50 feet along the quarter line to a point, the REAL POINT OFj
BEGINNING.
PARCEL II
That portion of the Northwest quazUr of the SOUthwest quarter of Sect on 24.
lying North of the centerline of the Ridenbaugh Canal, and the West ha f of
the Northeast quarter of the Southwest quarter Of Section 24 lying Nor h of
the centerline of the Ridenbaugh Canal, all in Township 3 North, Range +l West,
Boise Meridian, Ada County, Idaho,
EXCEPTING that portion lying West of the following described tract of ,land:
Beginning at the center quarter ccarner of said•ection 24, also being a REAL
POINT OF BEGINNING; thence
lil
South 0051124" West 996.09 feet a.vng the centar of Section line to aoint;
thence
North 89'25'10" West 661.28 feet to an iron ping thence I�
South 0048'55" West 406.81 feet to a point on tfie centerline of the R �enbaugh
?,,anal; thence
:Meandering along the centerline of the Ridenbaugh Canal
point; thxaiice
North 56°15'30" West 26.23 feet to a
on a curve to the left whose cent:r'al angle is 51056124", radius is 30 I1.00,Eeet
And chord bears North 82013142" West 262.70 fent to a point; thence
South 71048'06" West 152.90 feet to a point; thence
ba 'a curve to the right whose central angle is 10101S'48", radius is 13.00
feet and chord bears North 57°34'90" West 108.20 feet to a point; thence
North 6°56'06" West 70.80 feet to A point; thence
on a curve to the left. whose cent-ral angle is 'S9013'0611, radius is 250 .00, feet
and chord bears North 360321394 West 247.00 feet to a point; thence
i
North 66009'12" West 50.40 feet to a point; tk*n.ce
on 'a curve to the Left whose central angle is 24°40'06", radius is 50.00 feet
and chord bears North 78°29'155" We t 213.60 felt to a point; thence ;I
South 89010142" West 33-50 feet to a point; thence
on a curve to the right whose central angle ie 24°54`42", radius is .00
deet and chord beais North 78°21'x;7" West 129.•40 feet to a point; th e
kor'th 65°54'36" West 161.60 feet to a point; Gift nce
North 53031'05" West 70.80 feet to• a point; theface
t4aaving the centerline of the Ridenbaugh Canal
tb-`th 0°41130" East 888.71 feet to an iron pin ern the center of secti( n line;
thence the REAL
South 89027154" East 1965.67 feet .along the center of section line to
POINT OF BEGINNING.
t I
PARCEL III
A parcel of land being a portion of the West ba -If of Section 24, Towa'hip 3,
North, Range 1 West, Boise-Merid &-fl, Ada Countyo Idaho more particul 'ily'
described as follows:
Coumencing at the C quarter corner of said Section 24 from which the 7orth
quarter corner of said Section 24 :bears North 4,6051153" East, 2634.9)5,1 feet,
('Continued)
SANITARY SEWER EASEMENT PAGE 6 OF 9
SEWER EAsman-_BEARwom (10-22-07)
p4oe o� a
thence along the East-West cointerline of 0&.id Section 24 North
89°27'14" West, 773,73 feet to the REAL POINT OF BEGINNING;
thence continuing along said east-West.cefiterline North 89027'14"
West, 550.23 feet to the Northwest 1/16 comer of said Section 24
`thence along the North-South centerline of the Northwest quarter
of said Section 24 North 00046'51" East, 735.60 feet; thence
leaving said North -south centerline South 30°37141" East, 510.19
feet to the beginning of a cur—we to the lit; thence along said
curve 414.98 feet, said curve having a radius of 970.00 feet, a
central angle of 240301430 and a long chord. of 411.82 feet which
bears South 42°531030 East to the REAL pOT14T OF BEGINNING.
`EXCEPT:
.A parcel of land being a portion of the Ndttheast quarter of the
.Southwest quarter of Section 24, Township 3 North, Range 1 West,
-Boise-Meridian, Ada County, :Idaho more pat.ticularly described As I
follows.
`BEGINNING at the C quarter co.=er of said flection 24 from which
the North quarter corner of m&id Section 24 bears North 00°51'53"
East, 2634.95 feet; thence along the North-South centerline of
'said Section 24 South 00°51'5:3" West, 170.09 feet; thence leaving
said North-South centerline North 89008'03" West, 231.37 feet to
North
'the beginning of a curve to the right; th4pice along said curve
575.53 feet, said curve having a radius of 970.00 feet, a central
angle of 33059142n and a lon chord of 567.12 feet which bears
North 72°08'16" West to a pont on the EafgtWest centerline of
said Section 24; thence along. said East-West centerline South
89027'14" East, 773,73 feet tQ the REAL PE3SLUT OF BEGINNING.
SANITARY SEWER EASEMENT PAGE 7 OF 9
SEwHR EmEhm r_BEARwom(10.22-07)
Exhibit `B" to Sewer Easement Agreement:
Legal Description, of real property owned by
The Craig and Rebecca Graves Foundation
That certain real property, including all easements, rights, and appurtenances thereto,
including approximately 34.31± acres of hand located south of Overland Road, east of Linder Road,
in Meridian, Ada County, Idaho, described as follows:
A portion of the W'h of Section 24, T. 3N., R.1W., B.M., Boise Meridian,
Ada County, Idaho;
Commencing at the Southwest corner of the Northwest quarter of Section 24,
Township 3 North, Range 1 West, Boise Meridian; thence
South 89°27' 14" East 37.50 feet along: the South line of said Northwest
quarter to a point on the Easterly right-of-way of Linder Road, the REAL POINT OF
BEGINNING of this description; thence
North 3°17'55" West 179.33 feet along said right-of-way to a point; thence
North 89°18'06" West 25.00 feet to a point on the West line of said
Northwest quarter; thence
North 0°41'54" East 1142.82 feet alone said West line of the Northwest
quarter to a point; thence
South 84°50'00" East 357.57 feet to a paint; thence
South 55°40'00" East 360.00 feet to a point; thence
South 7222'15" East 699.33 feet to a paint on the East line of the West half
of said Northwest quarter; thence
South 0°46'51" West 887.38 feet along said East line to the Southeast corner
of the West half of said Northwest quarter; thence
North 89°27' 14" West 1286.45 feet along the South line of said Northwest
quarter to the REAL POINT OF BEGINNING of this description;
TOGETHER WITH all improvements, easements, hereditaments, and
appurtenances thereto, and all tenements, revisions, remainders, rights-of-way and
water rights in anywise appertaining to the property herein described; and
SUBJECT TO taxes and :assessments for the years 2006 and 2007 and; all
subsequent years, and to such rights, easements, liens, encumbrances, covenants,
rights-of-way, reservations, restrictions, and zonifig regulations as appear of record or
based upon the premises, and to any state of facts an accurate survey or inspection, of
the premises would show.
SANITARY SEWER EASEMENT PAGE 8 of 9
SEwER EASEbffi '_BEARwom(10-22-07)
Exhibit "C" to Sewer Easement Agreement:
Location of Easement Area for Sewer Facilities,
and Engineering Drawings
(9 pages including thiscover sheet):
1. Drawings for proposed Bearwood Subdivision, Meridian City
Sanitary 5'ewer Easement, issued by Engineering Solutions LLP, 1029 N. Rosario St., Suite 100,
Meridian, 1D 83642, Project No. 60515, Drawing Date 8/29/07, Sheet 1 of 1.
2: Legal Description for Meridian Sanitary Sewer Easement, Proposed Bearwood
Subdivisi'o'n, issued by Gregory G. Carter, dated 9/4/07.
I Engineering Drawings issued by Engineering Solutions, LLP, for Bearwood Sewer
Trunk, Linder Road/Kodiak Drive, Project No. 70721, Sheets T-1, S-1, S-2, S-3, S-4, DT -1.
SANITARY SEWER EASEMENT PAGE 9 OF 9
SEWMEASE[MnN -BEARWOOD(10-22-07)
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MERIDIAN CITY
SANITARY SEWER EASEIAENT
PROPOSED BEARWOOD SUBDIVISION
EP11"ERNe
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PRoi. No. 60515
SFIEU
1 OF 1
LOCATED IN THE W 1/2 OF SECTION 24
T.3N•, R.1W., B.M.
MERIDIAN, ADA COUNTY, {DAN
1029 N. ROSARIO STREET. SURE 10o
MERfDMW, IDAHO 83542
Phwe (206) 938-0880 Fgtt (208) elg-0941
60515-5SEASE2.DWG
Oct 19 2007 7:30AM
Ne; :iation Services, LLC
MERIDIAN SANITARY SEWER EASEMENT
PROPOSED SEARWO00 SUBDIVISION
Auguot 29, 2007
An easement for Meridian City sanitary sewer facilities, located in the W 1f2 of Section
24, T.3N., R. 1W., B.M., Ada County, Idaho, being a eMp of land 20.00 feet in width, left of
and adjacent to the following described easement line:
Commencing at the corner common to Sections 13, 14, 23, and the said Section 24,
T.3N., RAW.; thence along the West boundary of said Section 24 South 00°41'54` Wed,
1367.78 feet to the BEGINNING POINT of said easeirnent line;
thence South 8605825" East, 166.10 feet;
thence South 64°35'07" East, 681.72 feet;
thence South 75007'59" East, 332.74 feet;
thence South 5003222* East, 1$4.06 feet;
thence South 30°37'44" East, 61,%68 feet;
thence South 36°3339' East, 212:.87 feet;
thence South 49°28'55" East, 206.24 feet;
thence South 58"28'08" East, 153.33 feet;
thence South 68°33'36" East, 214.09 feet;
thence South 82°14'50" East, 295.80 feet;
thence South 8908'07" East, 175,,48 feet to the ENDING POINT of said easement
line. Said easement containing 64,471 SF, more or less.
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Meridian City Council
December 18, 2007
Page 4 of 83
M. Budget Amendment for Floodplain Development Study and
Mitigation for Public Works Department for $60,000:
N. Approve Task Order / Agreement with Civil Survey
Consultants, Inc. for the Design of sewer and water
improvements to be constructed in Conjunction with ACHD
project No. 506040 for Meridian Road and Main Street Split
Corridor for $30,470.00:
O. License Agreement with Nampa Meridian Irrigation District for
the North Black Cat Trunk Sewer:
P. Water Main Easement Agreement for Fuddrucker's by Grant
Grace Meridian, LLC:
Q. Task Order 0733a with Civil Survey Consultants, Inc. for
Design of City Well #28 Pumping Facilities for an amount not
to exceed $28,000:
R. Sanitary Sewer Easement Agreement for Bearwood
Subdivision with Tuscany Development and the Craig &
Rebecca Groves Foundation:
S. Reimbursement Agreement between the City of Meridian and
Capital Development, Inc. for Off -Site and Oversized Sewer
Lines Built in Settlement Bridge Phases 1, 4, and 6 for
$183,889:
T. Approval of Bid for Water System Improvements in
Coniunction with the Intersection Linder & McMillan Roadway
Protect for $66,950:
U. Approve Bid and Standard Form of Agreement with Knife River
for the Construction of the Black Cat Trunk Sewer Phase 4
Schedule B&C in Bear Creek Subdivision for $626,979.20:
V. Approve Pawnbroker's License Renewal for Terry Stewart /
Benny's Pawn at 451 North Main Street:
W. Approve Pawnbroker's License Renewal for Paul Watson
LRB. Inc. / Meridian Coin & Pawn at 1550 North Main Street:
X. Approve New Beer & Wine License for Qdoba Mexican Grill
#474 located at 3319 North Eagle Road:
Meridian City Council
December 18, 2007
Page 5 of 83
Y. Approve Beer, Wine & Liquor License Transfer for Rick's
Press Room located at 130 East Idaho Avenue:
Z. Amendment to the Standard Operating Policy and Procedure
Manual Regarding Executive Personnel Benefits Program:
AA. Professional Services Contract with Sage Community
Resources for Meridian Arts Commission Strategic Planning
and Grant Writing Services:
BB. Professional Services Agreement with LCA Architects P.A. for
Police Facility Expansion Design Services for the not to
exceed amount of $20,000.00:
De Weerd: Item 5, Consent Agenda.
Zaremba: Okay. Madam Mayor, on the Consent Agenda, as previously mentioned, Item
5-1 has been pulled to the regular agenda. Item 5 -CC has been pulled to the regular
agenda. And Items J, the resolution number is 07-590. Item K, the resolution number is
07-591 and with that motion I ask that we approve the Consent Agenda and for the
Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. If there is no discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. City Council Member Keith Bird
1. Update on Pine Street School Relocation Project:
De Weerd: Okay. Under 6-A I will turn this over to Councilmember Bird.
Bird: Thank you, Madam Mayor. Regarding the Pine Street school relocation project, we
finally got the right plat. Being in Old Town it was hard coming up with a good plat, but
we have got the site drawings and the school -- Wayne Hammer at the school has got it
now and putting their approval on them and once they get that done, we will draw the
elevations and we will get going. Get them through. But they are at the school right now
getting approved, the site.