Sanitary Sewer and Water Main Easement with Boise Valley Commons, LLC for Destination Place No. 2ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 F
BOISE IDAHO 09!09!08 09:12 AM
DEPUTY usa Irby ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
RECORDED-REQUEST OF 1 E}~ 1 E111 SEl
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20~between Boise Valley Commons,
h rties of the first art and hereinaft~lled the Grantors and the Cit of Meridian
LLC , t e pa p y ,
Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNE S SETH:
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 F?asement
3 244-Ease-wtr-sew. doc
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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.
G TOR I ALLEY COMMONS, LLC
Kevin C. Knighton, Man Member
STATE OF IDAHO )
ss
County of Ada )
On this ~~'~~'`-' day of ~~ , 20~~ before me, the undersigned, a Notary
Public in and for said State, person lly appeared Kevin C. Knighton, known or identified to me to
be the managing member of the limited liability company that executed the instrument or the
person who executed the 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.
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Sanitary Sewer and Water Main Easement
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Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this 2~ day of E+1 ~ M 1 C ~- _ 20 _ before me. the undersigned. a Notarv Public
in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN,
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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(SEAL) ; ~ ,.~' ~ p ?; ~,G ~; OTARY P LIC FOR IDAHO
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Sanitary Sewer and Water Main Easement 3244-Ease-wtr-sew.doc
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GRANTEE: CITY OF MERIDIAN
187 E. 50tl1 5lreet p ~=:<~rder~ City. ici~lho 8~3"714
{208) 385-0636
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Project No.: 3244
Date: August 12, 2008
EXHIBIT "A"
DESCRIPTION
OF
MERIDIAN SEWER 8~ WATER MAIN EASEMENTS
FOR
DESTINATION PLACE SUBDIVISION No. 2
Easement No. 1
A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision, as
on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages
.11190 through 11192, situated in the SW 1/4 of Section 17, T.3N., R.1 E., B.M.. Meridian,
Ada County, Idaho, and more particularly described as follows:
COMMENCING at the Southwest corner of said Section 17 marked by a brass cap;
_ thence along the South line of said Section 17, which is also the centerline of East Overland
Road
South 89°52'19" East 1785.49 feet to a point; thence leaving said South line at right
angles and along the centerline of South Millennium Way
North 00°07'41" East 250.46 feet to a point; thence leaving said centerline at right
angles
South 89°52'19" East 27.00 feet to a point on the West line of said Lot 1, said point
being the POINT OF BEGINNING; thence continuing
South 89°52'19" East 40.00 feet to a point, thence at right angles
South 00°07'41" West 45.00 feet to a point; thence at right angles
North 89°52'19" West 40.00 feet to a point on said West line of Lot 1; thence along
said West line
North 00°07'41" East 45.00 feet to the POINT OF BEGINNING,
Said Parcel Contains 1,800 Square Feet, more or less.
Together With:
Easement No. 2
A parcel of land being a portion of Lot 2; Block 1 of Destination Place Subdivision, as
on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages
11190 through 11192, situated in the SW 1/4 of Section 17, T.3N., R.1 E., B.M., Meridian,
Ada County, Idaho, and more particularly described as follows:
COMMENCING at the Southwest corner of said Section 17 marked by a brass cap;
.thence along the South line of said Section 17, which is also the centerline of East Overland
Road
3244-Mer-Ease-1-Desc.doc Page 1 of 2
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TEALEY'S LAND SURVEYING 187E 5o~~sc~eec,cardF~ary,iaanos371ax(2oa)3a5-0636
Project No.: 3244 Page 2 of 2
-Destination Place No. 2 Water & Sewer Main Easements
.South 89°52'19" East 2306.43 feet to a point; thence leaving said South line along
the centerline of South Celebration Avenue
North 00°07'39" East 225.06 feet to a point; thence leaving said centerline
North 89°52'19" West 27.00 feet the Southeast corner of said Lot 2, said point being
the POINT OF BEGINNING, marked by an iron pin; thence continuing along the South line
of said Lot 2
North 89°52'19" West 130.32 feet to a point, thence at right angles
North 00°07'41" East 20.00 feet to a point; thence at right angles
South 89°52'19" East 130.32 feet to a point on the East line of said Lot 2; thence
along said East line
South 00°07'39" West 20.00 feet to the POINT OF BEGINNING,
Said Parcel Contains 2,606 Square Feet, more or less.
3244-Mer-Ease-1-Desc.doc
EXHIBIT "B"
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0 40 80 _ 160
SCALE IN FEET
I" = 80'
MERIDIAN WATERLINE & SEWER EASEMENT
EXHIBIT FOR PROPOSED
DESTINATION PLACE SUB. No. 2
SITUATED IN LOTS I AND 2, BLOCK I, DESTINATION PLACE SUB.
LOCATED IN THE SW I/4 OF SECTION 17, T.3N.,R.I.E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
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DEVELOPER/OWNER
BOISE VALLEY COMMONS, LLC
KEVIN KNIGHTON, MANAGER
4751 N. TROTTER LANE
STAR , ID 83669
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Meridian City Council
August 26, 2008
Page 3 of 65
A. Approve Minutes of July 22, 2008 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval:
RZ 08-002 Request for Rezone of 0.55 of an acre from the
R-4 to L-O zoning district for Meridian Library Parking Lot
Expansion by the Meridian Library District - 1727 N.
Leisure Lane:
C. Findings of Fact and Conclusions of Law for Approval:
VAR 08-006 Request for a Variance to UDC Table 11-2A-5,
which requires a 15 foot rear yard building setback; and
UDC 11-3A-7C, which limits fencing to 6 feet in height in the
R-4 district for Maxwell Patio & Arbors by Sylvia Maxwell -
1065 E. Peacock Street:
D. Change Order No. 14 with Primeland Development for
the North Black Cat Trunk Sewer Proiect for $14,365.58:
E. Joint Funding Agreement for U.S. Geological Survey for
6 800.00:
~: Water and Sewer Easements for Destination Place
Subdivision No. 2 Proiect (Construction):
G. Master Agreement for Professional Services - Pharmer
Engineerinq•
H. Change Order #1 to Task Order 076 with Hydro Logic for
Hydrogeologic Well Rehabilitation Consulting for a Not
to Exceed Amount of $15,000.00:
J. Addendum No. 2 to Development Agreement: MI 08-006
Request for Miscellaneous application to modify Sub-section
6, "Conditions Governing the Subject Property" item A3 of
the recorded Development Agreement which requires CUP
approval for any future church /office uses for Verona
Subdivision by Primeland Investment Group, LLC -
Northeast Corner of West McMillan Road and North Ten
Mile Road:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
t
Meridian City Council
August 26, 2008
Page 4 of 65
De Weerd: Mr. Zaremba.
Zaremba: Noting that Item I is withdrawn from the Consent Agenda, I move that
we approve all other items on the Consent Agenda.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent
Agenda as changed. Council, any discussion?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I assume the motion that I seconded includes the authorization for the
Mayor to sign and clerk to attest?
Zaremba: Yes, I did mean to say that. Mayor to sign and clerk to attest. Thank
you.
De Weerd: We appreciate that. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Confirmation of City Council Member Seat #2:
De Weerd: Thank you. Item 6 is confirmation of City Council Member Seat No.
2. Council, as you know Mr. Borton is going to be stepping down effective
September 2nd at noon. I think it was high noon; right? I hope that's not an
indication for anything, but --
Borton: It is.
De Weerd: But we -- before I ask for confirmation of the appointment of the
name that I'm bringing in front of you today, I would like to say a few words. You
know, when we did this for Mr. Wardle, we were able to turn it into kind of a roast
opportunity. I have been too busy today to compile thoughts of how I could
adequately roast you, but, believe me, I will look for opportunities when you're in
front of us in the future, because I have some great quotes that I'm sure might
come back and haunt you. It has been certainly a pleasure working with you,
Joe. You have added a great dimension to our Council. You have added great
discussion and perspective. Certainly have appreciated getting to know you in a
professional manner, as well as a more personnel one. So, I have certainly
valued your time on this Council and we know that we will continue to see you.