Sanitary Sewer and Water Main Easement with DBSI Meridian I-84, LLC for Kennedy Commercial SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 07/15/08 04:33 PM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III I'IIII'lll'IIIIIIIIIIIII~II'lll'll
Meridian City 108050948
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made thisoC`~ day of 20~~between DBSI Meridian I-84 LLC, an
Idaho Limited Liability Company, DBSI 200 Land Opportunity Fund LLC, Member and DBSI
Land Development LLC, its Manager, 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Sanitary Sewer and Water Main Easement
Sewer Easement.doc
Meridian Water and
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:.
Douglas L. Swens anger
STATE OF IDAHO
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County of Ada )
On this ~ day of _~~ , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Douglas L. Swenson, known or identified to
me to be the Manager, respectively, of the Limited Liability Company that executed the
within instrument, and acknowledged to me that such Limited Liability Company executed
the same.
IN WITNESS WHEREOF, I have he;eunto set my hand and affixed my official seal the day
and year fis~a~yritten.
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Sanitary Sewer and
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Meridian Water and
GRANTEE: CITY OF MERIDIAN
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Tammy de Weerd,
Attest by J~cee Holman, City
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
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On this Z.~ day of .J LLI~~ , 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.
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AMID PLAI~INERS
9777 CHINpEN BOUIEVARp
BOISE, IOAHO 83714-20Q8
2fl8-323-2288 FAX 208-323-2399
boise~toengrco.wm
PROJECT: 07041
DATE: Apri122, 2008
PAGE: 1 of 2
Exhibit "A"
PUBLIC UTILITIES EASEMENT
DESCRIPTION
A parcel of land situated in Lot 2 through Lot 10 of the Proposed Kennedy Commercial Center
Subdivision lying in the SEll4 of the SWl/4 of Section 13, Township 3 North, Range: l West,
Boise 1Vleridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the southwest corner of said Section 13; thence, along the southerly line of
said. Section,
A.) S.89°07'22"W., 1327.84 feet to the West 1/1.6 corner of said Section 13; thence,
B.) N.00°3.1.'50"E., 4$.00 feet; thence, along the westerly line of said SE1/4 of the SW 114,
also being the westerly line of said proposed subdivision,
C.) N.00°31'SO"E., 417.00 feet to the POINT OF BEGINNING, thence, continuing,
1.) NAO°31'50"E., 2p.00 feet; thence, along a line parallel with and 10.00 feet northerlyof the
southerly line. of said. proposed Lot 10 and Lot. ~,
2.) 5.89°0T53"E., 673.67 feet; thence,
3.) 5.00°25'32"W., 20.00 feet; thence, along a line parallel with and 10.00 feet southerly of the
northerly line of said proposed Lot 8,
4.) N.89°0TS3"W., 31 d.61 feet; thence, along a line parallel with and 10.00 feet easterly of the
westerly line of said proposed Lot 8,
5.) 5.00°26'33"W., 186.01 feet; thence, along. a line parallel with and 15.00 feet northerly of the
southerly line of said proposed Lot 8,
6.) 5.89°0753"E., 316.67 feet; thence,
7.) 5.00°25'32"W., 30.00 feet; thence, along a line parallel with and 15,00 feet southerly of the
northerly line of said proposed Lots 2, 3, 4 and 5,
FI:t07U411WP#'~1eslSURVEYIExh A-P1fFa~e.doc ~~~
BOISE COEUR ci'~'~I.ENE CALD~NELL
TOOTHMAN-ORT011i ENGINEERING COMPANY
PHO~EC~r: 070 l
DATE: April 22, 2008
PAGE: 2 of 2
8.) N.$9°07'53"VV., 520.55.feet thence,
9.) N.O1°08'24"E., 30.00 feet; thence, along a line parallel with and 15.00 Feet northerly ~f
the southerly line of said proposed Lot b,
10.) 5.89°0T53"E., 183.51 feet; thence, along a line parallel with and 10.00 feet westerly of
the easterly line of said proposed Lot 6,
11.) N.00°26'33 "E., 186.01 feet; thence, along a line parallel with and 10.00 feet southerly of
the northerly line of said proposed Lot 6,
12.) N.89°0753"W,, 33210 feet to the POINT OF BEGINNING
CONTAINING: 0.75 Acres more or less
SUBJECT TO all Covenants, Rights, Rights-ot=Way, Easements of Record, Liens, Mortgages,
and all other encumbrances.
EXHIBIT "B" attached, and by this reference, made a part hereof,
H:t07U~ 111VPfi3esLSl1RVEY1Exh A-f'UE~se.doc
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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. 1 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 1-84, LLC:
a }
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 & Saae 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:
1. Budget Amendment for Lead WWTP Operator:
2. Budaet 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