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Sanitary Sewer Easement with Gibson, Daniel G. Jr. and Carolyn A. for Selway ApartmentsAMOUNT •00 5 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05116108 12:59 PM III I'llllllll'IIIIII~IIIIIIIIII I II fII DEPUTY Danielle Boulelle 1 ~$~~~~~ i RECORDED-REQUEST OF CITY OF MERDIAN SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of ~rL~ 20~between Daniel G. Gibson Jr. and Carolyn A. Gibson ,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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration 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 a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any Sewer Main Easement 08.doc Sewer easement 3-4- Page ~_„_„p~~ 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 possessian thereof against the lawful claims ~f 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: Daniel G. Gibson Jr.;- caner Carolyn A. Gibson, Owner STATE OF IDAHO ss County of Ada ) On this ~a ~ day of a , 20~, before me, the undersigned, a Notary Public in and for said State, pe sonally appeared _L7~n i e % ~~ , ~-~ ~~ ~ Se, ~ _~ and ~, rc~w~ L~ ~" d.~s~ ~- ,known or identified to me to be the owners of the property describ^ ed Exhibits A and B, that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~I~L TAMEZ NOTARY PUBLIC STATE OF IDAHO OT'ARY PUB C F( Residing at: Commission Expires ~~ 3Qi ~e°~ Sewer Main Easement 08.doc Sewer easement 3-4- P~o~_ GRANTEE: CITY OF MERIDIAN ~ ,, Tammy de We d ayor ~•' ~ ~ ', o SBAL Attest by ycee Holman, City Clerk ~~ ~~ .,~ R' ~. ~,~ Approved By City Council On: ii~ri~rn n~~~~ STATE OF IDAHO, ) ss. County of Ada ) On this (~ day of ~~~- , 20 ~~before me, the undersigned, a Notary Public in and for said State, personally a~eared 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. •.•..... •~~-M. G•'•. (SEAL) ;~~ ;l~T'4,~i `.C~~• • ' NOTARY PUBLIC FOR IDAHO Residin at: al d ux 1 I a 1 ; g . , Commission Expires: -('J-~ -T) ~ . . . ~ • •..... Sewer Main Easement easmt.swr main ~ ~~,~ Page,~,r,p; To: Hoot Page 2 of 3 2008-04-22 16:10:34 (GMT) /% TrACt~l11,E"Ni ~ `~1 Project: i 0-07-030 Date: April 16, 2008 PARCEL DESCRIPTION SEWER EASEMENT That portion of the Southeast 1 /4 of the Southwest 1 i4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southwest corner of Section 26; thence along the Southerly boundary of the Southwest its of said section, South 88°5$'47" East, 1,301.38 feet to the West 1 /16 corner, the POINT OF BEGINNING; thence along the Westerly boundary of the Southeast 1 /4 of the Southwest 1 /4 of Section 26, North 00"24'12" EasC, 473.30 feet to the Southwest corner of Setway Apartments Subdivision; thence along the Southerly boundary of said subdivision, South 88 ° 58'4T" East, 154.30 feet; thence South 01 ° D1'13" West, 10.00 feet; thence North 88°58'47" West, 134.20 feet; thence South 00° 29'12" West, 463.30 feet to the Southerly boundary of the Southwest 1 /4 of Section 2b; thence along said boundary, North 88° 58'47" West, 20.00 feet to the POINT OF BEGfNNMG. Containing 0.248 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.t_.S. 0.t 857 ~ 9 `°I.1 b •c~~'~~ ~p 1£ D F ~© G4, Nq l ~ M . ~~~ RMH/tlk: Ehc P:1DSF\10-07-030 •Setway Apartments~10-07.030 • AdmintDescriptions110-07.030-SewEase.doc From: Ben Childers P~~--=-~~..LL_ To: Hoot Page 3 of 3 2008-04-22 16:10:34 (GMT) [~ r, // From: Ben Childers SELWAY APARTMENTS S1' 01' 13"W 10.00` S88' 58' 47"E 154.30' _ ~88' S8' 47"W 134.20' ~C ~~ I ° ~ f~ ~ ~~ ~r ~~~ N ~- ~~~' N." 1/~ N Z ~~~ ~~~ ~ ~~~ O I. .) ~ ~~~ 20.0' w ~"" ~ /) SW COR. z W 1 /16 f!_/~-ny,,Ii' SEC. 26 CORNER f C~; C Ns8• ~8' 47"av 20.00' 27 26 ~ ~l ~ _ _ S88_' S8' 47"E _ 'Ji .___ .. _ _ _ _ _ 34 ~ 35 1301.38' _ _ 86~nJ --_ W. McMJLLAN ROAD ~L a~ ~ ~ / ,5 s F t~, Q- O 8575 ~,,, ~~. a b' Q~~o ~p ~Jf ~ F \4P V4, ~~~ ~ M . ~d0 ~~ ~ SCALE: 1 "=80' ~ riB90aCll/dEAT.rwailSNLa~aawTEDMEPEw, PROD. T~. OSN.4~aT~WO ..~/'~~ StLVVHY Ht'Htt I tVi~N 15 SUl:iU1VISIUN sHEEl• $~~NST~~~~E~Ta«pttaFESS~aNw~~,~.u'N~~ap~TMa~ ~~~``` ^^^ MERIDIAN ADA GOUNTY IDAHO 1 JN-B fpf.INEBRB.ha Ana l9 fXJ: ]O UE UBLa.W WHaFE gRpaRT. PLaTD~TE'.NMLM1f p ~~~~~ iOR RJY OTH@R PROSCC7 iNRNGtRTME E%pRE35 YfAlTTCN EAST UPaATEa' IitBCpOB ` •I nurNaamrroN Or~•n•BaNCartr s. u.~ „ ,,,,,+~'~ SEWER EASEMENT OF _ - cRhrm nr ¢e ~~~• a¢BK+Bi: BCC .~8. NO REN$iCN OE$LR!PTIpN 6Y 1PN DIE GECr<Ca M1V!pl1 i Meridian City Council May 6, 2008 Page 2 of 74 De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a couple of requests to -- to continue Items 13 and 15 to May 20th, 2008. In the Consent Agenda, the resolution number for the computer surplus to the Boys and Girls Club is 08-606 and on the regular agenda ordinances -- 19, 20 and 21 ordinance numbers are 08-1358, 08-1359, and 08-1360. With that I move we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 8, 2008 City Council Regular Meeting: B. Approve Minutes of April 15, 2008 Pre-Council Meeting: C. Approve Minutes of April 15, 2008 City Council Regular Meeting: D. Sanitary Sewer Easement Agreement for Selwav Apartments by Daniel G. and Carolyn A. Gibson: E. License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: F. Resolution No. Computer Suralus to Boys and Girls Club: G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2: H. Temaorarv License Agreement for Meridian City Library Street Scaae at 18 East Idaho Avenue between ACHD and Citv of Meridian Parks and Recreation Deaartment: Meridian City Council May 6, 2008 Page 3 of 74 I. Approve Beer and Wine License Transfer of Owner Application from MD Pizza, LLC to Pier 49 Pizza, at 3340 N. Eagle Rd.: J. Approve Beer, Wine and Liquor License Renewals: Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer & Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 North Black Cat Road: L. Approval of Task Order 0759 with Hydro Logic, Inc. for Ground Water Level Monitoring and Aquifer Testing fora Not to Exceed Amount of $26,500.00: M. Approve Contract Amendment for Western Building Maintenance for Additional Cleaning at Parks Department for an Additional $80.00 Per Month: N. Approve Contract for McLeran Well Drilling for Well No. 14 Reconstruction for a Not to Exceed Amount of $106,790.00: O. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 by James Kissler, LLC: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item F is resolution number 08-606 and with that I move we approve the Consent Agenda as published, the Mayor to sign and Clerk attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES.