Sanitary Sewer and Water Main Easement with Powers, Lyle H. for Residence ServiceADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 05122!08 02:02 PM
DEPUTY Bonnie Oberbillig III I'll'IIIIIIIIIIIIIII'IIII'll Il I'll
RECORDED-REQUEST Of 11~8~~979~
Meridian Cily
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of 1, 20~between Lyle H. Powers,
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 EASMT.S&W MAIN
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:
y e H ers
STATE OF IDAHO )
ss
County of Ada )
On this I' _ day of , 2~, before me, the undersigned, a Notary
Public in and for said State, persona y appeared Lyle H. Powers, known or identified to me
to be the property owner, that executed the within instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS W~1% QF~~~have hereunto set my hand and affixed my official seal the day
.~
and year fist ~~t~ '
'~~,;,
:~
. ~ ,
' ~ NOTARY PU LIC FOR IDAHO
' ' Residing ~
~ ~ Y •
r ~, ~ •
.~ ; Commission Expires:
~~
•. ~ ~~ ~..
Sanitary Sewer and Water Main Easement EASMT.S&W MAIN
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest l~ Jaycee Holman,
~ ~ '~,
a
SEAL =
1~ c,~ ~~
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
9r
On this ~ day of ~,~- ~ , 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.
~.•.....
(SEAL) •;~4~'O~,AR,Y'~. ~:
`. •
:F~ ~
i ~ ' G'
~~~~~.ol•~~
NOTARY PUBLIC FOR IDAHO
Residing at: ~~~ L,lt ~~~
Commission Expires: «1'~ ~^<
Sanitary Sewer and Water Main Easement EASMT.S&W MAIN
EXHIBIT A
SEWER AND WATER MAIN LINE EASEMENT
FOR THE
CITY OF MERIDIAN, IDAHO
An easement for sewer and water main line purposes located in the SW'/4 of Section 17,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at the northeasterly corner of said SW '/4 from which the northwesterly
corner of said SW '/4 bears N 89°59'00" W a distance of 2651.54 feet;
Thence S 0°22'55" W along the easterly boundary of said SW'/4 a distance of 282.20 feet
to the northeasterly corner of said Lot 15 and the POINT OF BEGINNING;
Thence leaving said easterly boundary N 89°37'05" W along the northerly boundary of
said Lot 1 S a distance of 190.01 feet to the northwest corner of said Lot 15;
Thence leaving said northerly boundary S 0°22'55" W along the westerly boundary of
said Lot 15 a distance of 30.00 feet to a point;
Thence leaving said westerly boundary S 89°37'05" E a distance of 190.01 feet to a point
on the easterly boundary of said SW '/4;
Thence N 0°22'55" E along the easterly boundary of said SW'/4 a distance of 30.00 feet
to the POINT OF BEGINNING;
This easement contains 0.13 acres and is subject to any other easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS ,„;~,~~.~~,..
~~
Civil Survey Consultants, Inc. , ~ ~ .
March 27, 2008 _ ~;
~ ~i0$1 ~
~~ ~,,31at/o~~ ~.
~ ~ d ~~~
0
0
N
~S ~l S9Z M „ 00 6S.68 N
0
0
_n
O O ~
J
\
S
~
V
Q O
~ N r.~
^ \\
S
O ~
0 ~ ~ ~ ~
~ 1
O
Q
W
3n1~4
~b'lll0d~ '3
~`'
w
W ~o
~
0
w ~
~~ N
w ~
~ ~~~
~~~
W ~ w
>
~
~~ Q
aj~
~ O
~ ~
~
' 4.~ ~~` r~ N z
l
~, ~
W ~
'~ ~ ~,;
tq ~, y o ~
a, <r W
~rn O
:`~ ~
U O ~
cn ,n
h l(] ,
~ .~
O V
, ~j
O ~ O
Z O >r- ^
:`~ ~,
~
ww
h HO o~
~~ °~°~
~~ w
w p~
~~ O
N~
am ~Q v~ O
,'y ~`~
o V~ _~
- ~ ~
z
q ~ ~,
~ ~ g
=a
~ ~ ~ w ° ~
( O W _
~ N ~
~
W ~
\ ~Y ~
r^
w
~ U O
O Co "7 cn
"1 V
d' O
m N
~o V
~
ti O
m
W
V ~ ~
o
'~
~
O
~ ~
City of Meridian
33 East Idaho Street, Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Sewer Main Extension at Powers Residence
Parcel # and Owner: Lyle H. Powers
Date of Offer: Mazch 28.2008
THIS RIGHT-OF-WAY CONTRACT, made this ~ ~ day of-~¢ll.. 2008, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Lyle H. Powers, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer
and Potable Water Easement included herewith as Exhibits "A" and "B":
NOW THEREFORE, the parties hereto agree as follows:
1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(acres) ($/Ft2) FACTOR ($)
Permanent Easement 0.13 $336 50% $10,076.85
TOTAL EASEMENT CASH SETTLEMENT AMOUNT $10,076.85
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for the permanent easement:
Cash Payment* in the amount of $10.076.85
^ Donation value of the easement
$10,076.85
*Grantor will receive payment for the permanent easement within fow weeks following the recording of the
easement and acquisition of the easement preparation contract noted in Item 1 above.
3. GRANTOR also agrees to provide the City with a 0.21 acre temporary construction easement adjacent to the permanent
easement for the purpose of constructing the proposed sanitary sewer line and related incidental work. The temporary
construction easement shall expire upon completion of the sanitary sewer line.
4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for
the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of
the location, grade, construction and maintenance of the proposed sanitary sewer and potable water line.
5. The parties whose names appear below as Grantors, covenant and warrant that they aze the OWNERS of the property to
which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors
and assigns and the subject property to the terms set forth herein.
IN WITNESS WEREOF, the parties have executed this contract the day and yeaz first above written.
CITY OF MERIDIAN
sy: ' ..,C~~~
Tammy de Weerdrl
ATTEST: ~(/
~~ ~~
\`~ '~ r~i
~~ ,
GRANTORS
~ ~. =~
Jaycee H`blman, City Clerk ~<#' ~ J '
Date approved by Council: ~' O ~~'! ~ ~~~bate: ~~ ~l42C 1-( Z1X~ ~3
Page 1 of 1
M:\08015\WdFiles\Contract Powers.doc
City of Meridian, Public Works
Engineering
InterO~ce Memo
To: Tara Green
From: Karie Glenn
cc:
Date: 5/23/2008
Re: Original /Recorded Docs for Vault
RECEIVED
MAY 2 ? 200
City Of Meridian
City Clerk 0#~ice
SEWER &
108059792 5/22/2008 WATER
Lyle H Powers Powers property easement
From the desk of...
Karie A Glenn
Dept. Speaalist Supervisor
Public Works: Engineering Division
660 E Watertower Ste 200
Meridian, Idaho 83642-2600
(208) 898-5500
Fax: (208) 898-9551
• Page 1
~,.
Meridian City Council
April 1, 2008
Page 4 of 52
L.
M.
Water Main Easement Agreement for CPA Investments
Building by Kimball Properties, LP:
Approve Beer. Wine and Liquor License Renewals:
Sizzler #215
The Big Smoke
Red Robin
Applebees Grill
Sa-wad-dee
Jacksons #1
Jacksons #11
Jacksons #35
Jacksons #56
Jacksons #97
Jacksons #98
Jacksons #99
Jacksons #105
Jacksons #118
Wal-Mart #2862
3380 N. Eagle Rd.
234 W. Franklin Rd.
1475 N. Eagle Rd.
1460 N. Eagle Rd.
1890 E. Fairview Ave.
412 Fairview Ave.
1585 Me ridian Rd.
522 W. Cherry Lane
66 E. State St.
3100 E. Magic View
1950 E. Fairview Ave.
180 E. Central Dr.
3291 E. Pine St.
1651 W. Franklin Rd.
4051 E. Fairview Ave.
Beer & Wine
Beer & Wine
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
N. Approve Beer, Wine Transfer of Owner License Application
from Sidelines to Firehouse Pub and Grill. LLC, 1767 W.
Franklin Rd., Suite 180, Meridian, 83642:
O. Permanent Easement Contract for the Sewer Main Extension at
Powers Residence Project with Lyle H. Powers for $10,076.85:
Zaremba: Next item on the agenda is the Consent Agenda.
Bird: Mr. Vice-president?
Zaremba: Councilman Bird.
Bird: I move that we approve the agenda -- Consent Agenda with the removal of H and
I to next week's budget to department. Item K is -- the number resolution is 08-605.
Vacate the Corona Village beer, wine and liquor license from M. And with that I move
that we approve the revised Consent Agenda and for the Vice-president to sign and
Clerk to attest.
Borton: Second.
Zaremba: Okay. We have a motion and a second to approve the Consent Agenda as
amended. I don't know if I caught it, but to clarify, the one that's being removed from
Item M is Corona Village.
Meridian City Council
April 1, 2008
Page 5 of 52
Bird: Yes.
Zaremba: Okay. All in favor say aye. Any opposed? Motion carries. Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning Department
1. Collecting Fees for Development Agreements:
Zaremba: That does bring us to our budget reports. Item 6-A is a report from P&Z.
Director Canning.
Canning: Vice-president Zaremba, no, actually, the Planning Department report was on
a different issue. The budget items were just vacated, so we can fix them and bring
them back.
Zaremba: Oh.
Bird: Yeah. They were vacated until next week under department reports.
Zaremba: I didn't realize you were talking about the same thing. Okay.
Canning: Thank you for allowing me this brief department report. You recently
approved new fee schedule and one of the new fees that I mentioned to you was a fee
for development agreements and we have been racking our brains trying to figure out
when and where and how to collect this and we have run into kind of two major choices
and we just wanted to know from Council which way you would like to go. They are --
it's just something we could use guidance on. The two choices would appear to be to
collect it at the time of application for any annexation and rezone and, practically, we
are having a DA with any annexation or rezone these days. If that were ever to change
we could, of course, change when we collect it, but that would seem to be the easiest.
We could, then, refund the fee if there was no development agreement needed in the
end. But I do think that that would be a rare instance currently. We recommend -- if
that's the approach you'd like take, we could recommend that any projects in process
would not be subject to the DA fee, but that any new annexation and rezones we will
just collect the development agreement fee and implement it that way. The other choice
would be to do it prior to adoption of the ordinance -- or prior to you approving the DA.
And this would require some very careful coordination between the clerks, the
attorneys, and the planning department all at the same time and we are just a little
worried it might get a little too confusing and that we might miss some fees or slow
down a project and we never like to do that, so -- but if that's the scenario you'd like to
go, then, we'd recommend that we will start informing applicants on projects from today