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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 ~~~ T;~{~ 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 P 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: ~ ~ v 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 .~ ~~~'~•._ ~3~ `t' ~~'r., y ti's ~• .,~~,,, 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 ) +~ 04' 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 .H~ , ^ Commission Expires: td-l 1^t ) . ~ . • •••:~'ATE O~••• ' • f • ^ ^ ^ ~ Sewer Main Easement easmt.swr main.doc P~~~. 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 Page ~~ 6Z'ti801 ,j` - ,86'OlS M Sri co O ~ rn ~ S W f~ ,~ N 3_6Z,0£.00~ ~ ~ V, z ~ ~ a 0 I ~~ W o m ~N I ~s z . ~ I N I ~ o W ~o ~ m I Z } } W E Z o z ~o~W ~ m O ~ ~ N ~ .r, z 0 Z -- z a ~ ~ m N m ~~ ~ ~ ~ W p i sF (_ I ~ ~ ~ ~ 0.. ~ Z N S M W 0 I = ~ W= o W U W / 0~0 ~ ~ x z O a O ~ U w U H w rn a „'~ I I O o I I U I w I 0 v o I z z M„Z£,SZ.OOS ~ ---W----- ,99'46ti ~--- w --Y---- ~ d; ~ o 3m O ~ 1 aQ ~ oz d O Z o~ W F~ zW I N ~^ ~~ x W M ~ Z r pw n w~ ~ ~ N w ~ 3 ~ M U N Of oD z I I. Im a n I~ 1~ IN Io ~ m I IZ I Z Q ~ ,ZO'Z£S l ~ ~~ I z ~ ~ ~ " I ~ = z Z I m a ci I Li V I O Iz 0 a 0 d~ 1 ~ I N 0 I 0 M ~ I W ~ MI ~ ~ I M ~ ~' W I N I p N ~ ~ I M O1 N I ~ ~ I I o I 1 U ~ R ~.~,! cn ~~~` o oyb >> Q ~ ~ ~ ~ ~ J ~ O c7~~~ ~ _ Zo~~~d S~P~ ~~~ s~~o J ~~F I I ° ° ~ o ~ o o z Sri ~ ~ u-i J N N d' N ?i ~ ~ W U' O) O O O H _Z N ~ O ~ Z ~ m ~ ~ N f~ ~ O I ~ ~t O O ~ c~ O (n (n Z Z w _ ~ J J J J - I II _ _ _ ,Ze'ess _ _ 1 z ~_ l~ W L~ W ON Q z\~O w ~~~ w ~ W (~ W ~ z W ~_-' ~ ~ W Q li U U W o~Q W ~ ~ ~ Q I Q m W Z ~_ ~a_~ m Z=O - ~ (n Z w W SOU H (n ~ r P ~ .~ ~~ 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