Sanitary Sewer and Water Main Easement with Primeland Investment Group, LLC for Verona Subdivision No. 41:,
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 09109108 09:12 AM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III I~II~I~III~II~IIIII~IIIIIIIIII ~ ~~~
Meridian Cily 10~ 101153
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of , 2008 between Primeland Investment Group,
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 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 the right-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
MERIDIAN
EASMT SW CITY OF
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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, 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:
Frank S. Varriale, Partner, Primeland Investment Group, LLC
STATE OF IDAHO
ss
County of Ada )
On this ~_ day of ~" ' ! , 2008, before me, the undersigned, a Notary
Public in and for said State, personally appeared Frank S. Varriale, known or identified to me
to be a Partner of Primeland Investment Group, LLC, the partner who executed the within
instrument on behalf of said Limited Liability Company, 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.
KIMBERLY WINKLE
Notary Public
State of Idaho
Sanitary Sewer and Water Main Easement
MERIDIAN
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NOTARY PUBLIC FOR IDAHO
Residing at:
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EASMT SW CITY OF
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CITY OF MERIDIAN
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Tammy de W
Jaycee~Iolmar~City Clerk
Approved by Council on :~
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STATE OF IDAHO, )
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County of Ada,)
On this ~ day of DLL ,20_0 before me, the undersigned, a
Notary Public in and for the State o Idaho, personally appeared Tammy de Weerd and Jaycee
Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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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Page 4 of 5
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Exhibit "A"
Sewer and Water Easement
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^^ 6~uadrant
Consulting, Inc.
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106149249, records of Ada County, Idaho, situated in the Southwest quarter of
Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the West line of said Section 26 North 00°21'16" East, 304.97 feet; thence
leaving said West line South 89°38'44" East, 30.00 feet to the POINT OF BEGINNING; thence
along a line parallel with and 30.00 feet East of said, West line
North 00° 21' 16" East 35.04 feet; thence, leaving said West line
South 89° 31' S6" East 28.05 feet; thence,
South 00° 28' 04" West 34.99 feet; thence,
North 89° 37' 49" West 27.98 feet to the POINT OF BEGINNING;
Said parcel containing 981 square feet more or less.
1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant®quadran .cc
Civil Engineering • Surveying Construction Management
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Meridian City Council
September 2, 2008
Page 2 of 71
Rountree: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is the adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: There is a couple of items to make note of. Under 6, Department Reports, C,
Mayor's office, number one, the resolution number is proposed to be 08-616. Number
two, the resolution number is proposed to be 08-617. Number three, the proposed
resolution number is 08-618. On the regular agenda, Item 15, the proposed ordinance
number there is 08-1378. And Item 16 the ordinance number proposed there is 08-
1379. And with that I move that we adopt the agenda with the modifications noted.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as presented. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 27, 2008 Pre-Council Meeting Minutes:
B. Water Main Easement Agreement for Verona No. 4 by
Primeland Investment Group:
C. Sanitary Sewer Easement Agreement for Verona No. 4 by
Primeland Investment Group:
d. Water Main and Sanitary Sewer Easement Agreement for
Verona No. 4 by Primeland Investment Group:
E. Task Order No. 0773 with Pharmer Engineering for
Engineering Services for WWTP DAFT System for $42,950.00:
F. Task Order No. 0775 with Brown and Caldwell for Stormwater
Pollution Prevention Plan for $13,000:
G. Task Order No. 0774 with CH2MHILL. Inc. for Engineering
Services for $42,641.49:
A
Meridian City Council
September 2, 2008
Page 3 of 71
H. Underground Utility Easement Agreement for the Black Cat Lift
Station with Idaho Power:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we adopt the Consent Agenda as published.
Bird: Second.
De Weerd: We have a motion and a second. Any discussion on this item? Hearing
none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Police Department:
1. Police and Fire Games Results:
De .Weerd: Thank you. Item 6 are our Department Reports. We will start tonight's
reports with the Police Department.
Lavey: Thank you, Madam Mayor and Council. Earlier Lieutenant Stowe and I were
arguing over who is going to go and, then, we realized that he didn't have his glasses
and so I have to go.
De Weerd: I thought the chief always won.
Lavey: Well, unless (.don't want to do it. I have a couple of items I'd like to talk about
today in the department report and one that just came in this morning that I have shared
with the Mayor, but I don't believe she shared with anybody else. Earlier this morning I
found out that the Meridian Police Department and the MADC was awarded the Drug
Free Community's grant for 2008, which totals 625,000 dollars over the next five years.
That was kind of a two year process. We tried last year and we weren't as successful
and this year we kept getting a lot of questions and had to do a lot of follow-up work and
the police officer in me kind of got suspicious and said that these people are just going
to tell us to go away if we can't get it right and everybody else was saying, no, if they
want additional information that's a good sign. That's a good sign. And, apparently, it is