Sanitary Sewer Easement with Dean, David J. and Luane I. for Three Corners SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
BOISE IDAHO 08/28/08 10:56 AM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIII ~ ~~ ~~
Meridian City 108097651
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~~ day o , 20Q~between David J. Dean and Luane I. Dean
Husband and Wife, and Foundations Academy, c. 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 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.
Sewer Main Easement
Easement.doc
Meridian Sewer
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.
Luane I. Dean
Foundati s Academy, Inc. David Goodwin, President
Sewer Main Easement Meridian Sewer
Easement.doc
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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, persona ly appeared David J. Dean and Luane I. Dean, Husband
and Wife, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fi~~written.
(SE~L~ ~pTARr
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STATE OF IDAHO
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County of Ada )
NO ARY PUBLIC FOR IDAHO
Residing at: .4 ~,~ _
Commission Expires: lC~ !3
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On this ~~ s day of ~ , 20 v ,before me, the undersigned, a Notary
Public in and for said State, personally appeared David Goodwin, who being known or
identified to me to be the President of said corporation that executed the within instrument or
the person who executed the instrument on behalf of said corporation 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 year fist above written.
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Sewer Main Easement
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Meridian Sewer
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by Jaffee Holman, City
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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SEAL
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On this eat day of ~ll_q ~~ , 20~before me, the undersigned,
a Notary Public in and for said State, persona11,3d 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) NOTARY PUBLIC FOR IDAHO
Residing at: c.A~ ~ (~
Commission Expires: -~
Sewer Main Easement Meridian Sewe~
Easement.doc ~-
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
boisestcengrco.com
Project No: 0712I
Date: May 16, 2DD8
Page: 1 of I
EXHIBIT "A"
City of Meridian Sanitary Sewer -Easement Description
A scrip of land being a portion of the Northwesfi Quarter of the Northwest Quarter of Section
29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho,
described as follows:
COMMENCING at a found 5/8" iron pin, marking fine Southwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the
Section corner common to Sections 19, 20, 29 and 3D, Township 4 North, Range 1 East, Boise
Meridian, bears N.00°37'24"E., 1328.30 feet; thence, along the South line of the Northwest
Quarter of the Northwest Quarter of said Section 29,
A) 5.89°3b'IS"E., 35.00 feet to the POINT OF BEGINNING; thence,
1} N.DO°37'24"E., 20.00 feet; thence, along a line parallel with and 20.00 feet northerly
from the South line of the Northwest Quarter of the Northwest Quarter of said Section
29,
2) S.89°36'15"E_, 474.94 feet; thence,
3) 5.00°37'24"W., 20.00 feet to the South line of the Northwest Quarter of the
Northwest Quarter of said Section 29; thence, along said South line,
4) N.89°3b' 15"W. 474.94 feet to the POINT OF BEGINNING.
CONTAINING: 9,499 square feet, more or less.
SUBJECT TO: AlI Rights, Rights-of--Way and Easements of Record.
Exhibit "B", attached and by this reference, made a part hereof.
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LOCATED IN TWE NW 1/
30 29 TOWN SHIP 4 NORTH,
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ITARY SEER EASEMLN`i' MAt'
4 OF THE NW 1/4 OF SECTION 29,
RANGE 1 EAST, BOISE MERIDIAN
DIAN, ADA COUNTY, IDAHO
_509.97'
474.97'
ED LOT 1, BLOCK 1 I
ERS SUBDMSION N0. 1 I
UMENT N0. 108047819
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SECTIONAL LINES I
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LINE TABLE
LINE BEARING LENGTH
L1 N00'37'24"E 20.00
L2 500'37'24"W 20.00
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S89'36'15"E 474.94'
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N89'36' 15"W 509.94'
~ ~"POINT OF BEGINNING" DUNWOODY SUBDIVISION
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30 ~ 29 1/4 CORNER TOOTHMAN-ORTON ENGINEERING CO.
O 5O 1DO 2OD 3DO ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD B015E, 10AH0 83714-2008
SCALE: 1 =100 PHONE: 208-323-2288 FAX: 208-323-2399
~~ E-FlIE: H:\07121\ExhB-sewer Esmt.QWG lU1TE:05/l6/OB J08:07121-8500
Parcel name: MERIDIANSEWERE3MT
North: 726899.7654
Line Course: N 00-37-24 E
North: 726919.7645
Line Course: S 89-36-15 E
North: 726916.4833
Line Course: S 00-37-24 W
North: 726896.4843
Line Course: N B9-36-15 W
North: 726899.7654
East 2459795.9556
Length: 20.0002
East 2459796.1732
Length: 474.9445
East 2460271.1064
Length: 20.0002
East 2460270.8888
Length: 474.9445
East 2459795.9556
Perimeter: 989.8893 Area: 9,499 sq. ft. D.22 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: O.D000 Course: S 90-00-00 E
Error North: O.DDD00 East 0.00000
Precision 1: 989,889,400.0000
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Meridian City Council
August 12, 2008
Page 4 of 52
Item 6: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 08-
006 Request for Annexation and Zoning of 0.92 of an acre from R1
to an R-2 zone for Alter Property by Denise Alter - 2741 East
Leslie Drive:
B. Findings of Fact and Conclusions of Law for Approval: SHP
08-006 Request for Short Plat to create 4 office condominiums in
an existing building on 1 commercial building lot on 0.66 of an acre
in an I-L zone for North hickory Condominium by Hickory Land
Partners, LLC - 1020 North Hickory Avenue:
Sanitary Sewer and Water Easement Agreement for Three
Corners Subdivision by David & Luane Dean:
D. Addendum to Development Agreement: MI 08-005 Request for
a Miscellaneous application to amend the existing Development
Agreement to allow the construction of the four eight-plexes prior to
the construction of the Pine/Ten Mile Intersection for Sommersby
Subdivision by Liberty Partners, Inc. -Northeast Corner of West
Pine Avenue and North Ten Mile Road:
E. Change Order No. 2 with K2 Construction for Water Division
Phase 2 Project for $5,069.95:
H. Directive Approval for Weed Abatement, 1528, 1516, and 1440
West Cherry Lane:
I. Approval of TRS Range Services-Contract Addendum for
Revisions for Preliminary Indoor Range Design for $3,000.00:
De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No.
6 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda I would remind everybody that Items G and H have
been withdrawn. I would also restate for the record that on item E that the change order
with K2 Construction for an amount not to exceed $5,069.95. Item I is a service
contract addendum with TRS Range for an amount not to exceed 3,000 dollars. And
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Meridian City Council
August 12, 2008
Page 5 of 52
with that I would move that we approve 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 as
amended. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Before we move into the Department Reports, if any of the members from
the public are here for Items 10, 11 or 12, they are requested to continue because of
posting or other reasons. So, we apologize if you're here tonight for any of those items.
Are any of you here for any of those items, if you will raise your hand. Okay. Well,
good. Then, I don't have to apologize. They were not signed, so we do have to
continue them.
Item 7: Department Reports:
A. Sanitary Service Department:
1. Update about Annual CPI Rate Adjustment:
De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary
Services and ask Steve to come forward.
Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet
you have a memo, dated August 12th from me, regarding our standard annual rate
increase. And the rate increase is tied to our contract. One of the difficulties or issues
that we need to talk about tonight is the county land fill rates. I have assumed in this
memorandum, since I have heard that the rates will be going up October 1st,
unfortunately, the commissioners have not published what the rates will be, but I must
come to you on a certain schedule to hit my timelines to be effective October 1st, in
case we need to go to a public hearing. So, I need your guidance on this issue, I guess.
What I have heard is the land fill fees will go up at least 25 percent, but most likely 50
percent.
De Weerd:. Fifty?
Sedlacek: Yes. And that's on the heels of last year's 67 percent increase. So,
basically, this memorandum is based on a 50 percent landfill rate increase and, then,
CPI, which I guess my thought was if you have a public hearing, it's better to say what
RECEIVED
Memo
To: Jaycee Holman; Tara Green.
From: Scott Steckline; Development Services Coordinator
CC: Karie Glenn
Date: 7/22/2008
Re: Proposed Agenda Item for July 29, 2008 City Council Meeting
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City Of Meridian
City Clerk Office
The Public Works Department respectfully requests the following item be placed on the July
29, 2008 City Council agenda, under Consent Agenda, for Council's consideration:
Water and Sewer easements for Three Corners Subdivision.
Recommended Council Action: The Public Works Department recommends
that City Council approves the purposed water and sewer easements for Three
Corners Subdivision.
Thank you for your consideration. Please contact me if you have any questions.
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