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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 a_ ~ "~ 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 ~i~~~~ ~~'~~,~ NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: ~ ' "~ EASMT SW CITY OF .~ CITY OF MERIDIAN ~-~-, Tammy de W Jaycee~Iolmar~City Clerk Approved by Council on :~ ..1. <: 1. ~, q,` '~, ` ~ ~pRQ~ATFO ': - AL 9 ~M `~ ~' r ~ .~ .~ ',, ~UNT~ ``.. /~~IIIIIr~Ir ~~rN~~`\ STATE OF IDAHO, ) ss. 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. SEAL ~ p , ~ ~ .,~ ~ ~ ~ ~, ~; Notary Publiclfor Id o ;~~n ~ .~„~; Residing at: (~ f~"~ - ;x ; Q ~~: My Commission Expires:(]-~ ~-) ~ .O ~~ . ~, I ' ~. a ; . Page 4 of 5 sii2i2oos Exhibit "A" Sewer and Water Easement ~~ ^^ 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 O Z ~.I..~ w J r w a v a ~ ~- z a a z o U p~ ~ ~ d m N ~ Q 0~ ~ W Z W' ~ H W 0] O 0] u7 Q ~ (n W w ~ Z Z > J O Z Z U O H O O Q O ~ O w L~ L~ U J (n J (n O O ^ O N^ rN ~ M W ~ Z N W' M O U ~ ~ ~ ~~ a v --- ,6£'tit9Z 3„9l,1Z.00N :Ja o (oNiad3a ao sisva) :° M ~ ° a o ~ rn 2 rn ~ ~ 1 N `M\\\l / I ~ ~n w z ~ ~ ~ o U ~ _o ~ a w a U N N O N Q 0 Z Q J J U J ab'Oa ~~IW N31 N W' r wrn Z ~ ~ ~ O U ~ Z ~ o~ w w ~'f cn a U u~ r-~ ~ ~ ~ o~ u~ L ~mpa~ ~ p~a~a w ~ = o; N ~ N#~~~ cq ~~ U m$ ~ W w 0 m 3 w c~ z a Z a W v=i W ~ °x {+, Q W N ~ m~o~ ~Q~o a ~Qo°a Z ~' a Q a ~°-~ ~ o~ ~~ 0 w 2 a U O J o ° ~ N J U Q ~ ~ z~ ~ ~ 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