Sanitary Sewer Easement with DBSI Meridian I 84, LLC for Kennedy Commercial SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 01/15/08 04:33 PM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III IIIIII III I'lll IIII III I I II
Meridian City 1 ~$~$~`~~`~
SANITARY SEWER EASEMENT
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THIS INDENTURE, made this day of 2U~~ between~T~ mef i 1~~'n e
parties of the first part, and hereinafter calle he 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 sewerright-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, 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 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 permanent structures, trees, brush, or perennial shrubs or flowers within the area
Sewer Main Easement easmt.swr main.do
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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:
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Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of~Jt,,n-e.- , 20Q~before me, the undersigned, a Notary
Public in and for said State, personally appeared ~L~o~.-2~~f L- ,~w~h~U}-- and
.~-- ,known or identif~o me to be and
Mary, respectively, of the corporation that executed the within s n , and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ear fist t3""~~~`
y .~ ~~~'~•._
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.,~~,,, STATE o~ ,,~~.
NOTAR UBLI OR I AHO
Residing at:
Commission xpires:
Sewer Main Easement easmt.swr main.doc
Tammy de Weerd,
Approved By City Council On:
rn~n n~~~~~'
STATE OF IDAHO, )
ss.
County of Ada )
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On this ~ day of ~1'1C.. , 20_, before me, the undersigned,
a Notary 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`~`t AR y ~~~.~ • ~ NOTARY PUBLIC FOR IDAHO
' ~ ,~ Residing at: (~~ nl e . x Q l ll7
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Sewer Main Easement easmt.swr main.doc
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GRANTEE: CITY OF MERIDIAN
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
boise~toengrco.com
Project No: 07041
Date: May 29, 2008
Page: 1 of 1
EXHIBIT "A"
City of Meridian -Sewer Easement
A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being
more particularly described as follows:
COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North,
Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00°30'29"E.,
2666.31 feet; thence, along the north/south centerline of said Section 13,
A) N.00°30'29"E., 1084.29 feet to the POINT OF BEGINNING; thence, along said
centerline,
1) 5.00°30'29"W., 25.00 feet; thence, leaving said centerline,
2) N.89°34'29"W., 565.31 feet; thence,
3) 5.47°14'19"W., 27.31 feet; thence,
4) N.64°26'00"W., 44.00 feet; thence,
5) N.89°34'29"W., 702.35 feet to the west line of the Southeast Quarter of the
Southwest Quarter of said Section 13; thence, along said west line,
6) N.00°31'50" E., 25.00 feet; thence, leaving said west line,
7) 5.89°34'29"E., 1327.39 feet to the POINT OF BEGINNING.
CONTAINING: 33,743 square feet, more or less.
SUBJECT TO: All Rights, Rights-of--Way and any Easements of Record.
See Exhibit "B", which by reference is herby made a part of this description.
H:\07041\WPfiles\SURVEY\ExhA-Sewer Esmt.doc
BOISE COEUR d'AL.ENE CALDWELL
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Meridian City Council
June 24, 2008
Page 2 of 60
participate therein and that the decisions that are made would be for the betterment of
this community and would be pleasing in thy site. We are so grateful for the men and
women in the armed services and for their sacrifices in defense of our country and pray
that thou would watch over and bless and sustain them and that we may know how we
can -- how we can support them as well. We love thee. We love this wonderful land
that we live in and for the freedoms that we enjoy. Would thou bless, again, watch over
the proceedings of this Council meeting this evening and we dedicate this meeting unto
thee and do so in the name of thy son, Jesus Christ, amen.
De Weerd: Thank you, Bishop Wheeler. And I have a new City of Meridian pin to
present to you and thank you for joining us.
4. Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a few notes on the Consent Agenda, Item 5-E, for the record the amount
of the contract is 2,500 dollars. To the agenda we wish to add, under Department
Reports, an Item 6-B, which will be a Planning Department report on the letter to the
Kuna City Council. Item 15, the National Electric Code, has been requested to vacate
and come back to us on July 8th. So, we are not discussing that tonight. Item 16, the
proposed ordinance number is 08-0371. With those changes I move that we adopt the
agenda.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as amended.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of June 10, 2008 City Council Special Workshop
Meeting:
B. Sanitary Sewer and Water Main Easement Agreement for
Kennedy Commercial Subdivision by DBSI Meridian I-84, LLC:
C. Sanitary Sewer Easement Agreement for Kennedy Commercial
Subdivision by DBSI Meridian I-84, LLC:
Meridian City Council
June 24, 2008
Page 3 of 60
D. Water Main Easement Agreement for Kennedy Commercial
Subdivision by DBSI Meridian I-84, LLC:
E. Professional Services Contract with Delta James & Sage for
Public Art Selection:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Noting, again, that Item 5-E, the contract amount is 2,500 dollars, I move that
we adopt the Consent Agenda -- accept the Consent Agenda and for the Mayor to sign
and the clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
De Weerd: Okay. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department:
Budget Amendment for Lead WWTP Operator:
2. Budget Amendment for Capital Projects Manager:
3. Discussion of Five Mile Creek Restoration Project:
De Weerd: Item 6 under A, we have our Public Works Department. I'll turn this over to
Mr. Barry.
Barry: Thank you, Madam Mayor, Members of the Council. Tom Barry, Public Works
Department. We have three items on the agenda this evening for your consideration.
The first is a budget amendment for the reclassification of the two wastewater treatment
operator positions to lead wastewater operators at the wastewater treatment plant.
These particular positions would provide us an opportunity in the wastewater treatment
plant to supervise and evaluate and schedule the duties, along with the existing duties