Sanitary Sewer and Water Main Easement with James A. Kissler, LLC for SEC Market Place 1ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 02/28/08 01:34 PM
DEPUTY Patti Thompson III IIIIIIIIIilllllllllill~lllll III III
RECORDED-REQUEST OF N
Ciry of Meridian i ~$~~~$81
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this j~ day of A~D, , 20~between~~m~s' A ~ i~~-~'~~ ~~e
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 SW MAIN
Pase._!_.otS--
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:
~~pn,F:s ~~J~~f.z~ C~ e.
President
~~~
!~ ~- m ~„r
STATE OF IDAHO
ss
County of Ada )
Sanitary
On this ~8~ day of ~ , 20 08 ,before me, the undersigned, a Notary
Public in and for said State; ersonal appeared ~,e.,r,,,,,a d~.,~s,.~ l-
kno~ or ident~"ied to me to be the D_~..:a.._` ~~a .~.
' of the -~s~~ae~. that executed the within instrument, and
acknowledged to me that such cer~ executed the same.
a ye is~bo ~ ten.
t~ ~t~c NOT RY PUBLIC FOR IDAHO
~A ~c ~~.•• Residin
I~~HO"s,,,.~•• Commission Expires: ~~ ~ -
IN E ~OV OF, I have hereunto set my hand and affixed my official seal the day
Sewer and Water Main Easement EASMT SW MAIN
~, a
CITY OF MERIDIAN
//_
Tammy de W
Jaycee Holman, ity Clerk
Approved by Council on
STATE OF IDAHO,
County of Ada, )
ss.
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On this day of ~ ,20®~ before me, the undersigned, a
Notary Public in and for the State of Idaho, pe •sonally appeared Tammy de Weerd and Jayyee
Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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 ~~~"''~~
~~'~ ,,,,, ~' Q ~'~~ otary Publi for Idaho
i ~,'~' OTA,~~`~.~ j'~ Residing at:~~Ue,~~, ~~
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~ ~' ~ ~ My Commission Expires: - (~-~ ~'~ ~
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Page ~ o~
FOX Land surveys, /nc,
7515 South Shoshone St. ~ Boise, Idaho 0 83705 0 208-342-7957 ~ 208-342-7437 FAX
DESCRIPTION FOR
A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1)
A PORTION OF THE NORTHWEST'/~ OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO
A Portion of the Northwest'/, of Section 4, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho more particularly described as follows;
COMMENCING at a found Brass Cap Monumen# marking the Northwest comer of Section
4, from which a found Brass Cap Monument marking the North '/4 Comer thereof bears
South 89°49'08" East, a distance of 2,659.38 feet;
1. thence along the Westerly boundary of Section 4, South 00°36'13" West, a
distance of 1116.00 feet to a point;
2. thence South 89°51'00" East, a distance of 283.53 feet to the TRUE POINT
OF BEGINNING;
3. thence continuing South 89°51'00" East, a distance of 8.51 feet to an angle
point;
4. thence North 00°09'00" East, a distance of 34.50 feet to an angle point;
5. thence South 89°51'00" East, a distance of 22.98 feet to an angle point;
6. thence South 00°57'07" West, a distance of 250.27 feet to an angle point;
7. thence South 44°51'00" East, a distance of 26.81 feet to an angle point;
8. thence South 89°51'00" East, a distance of 153.16 feet to an angle point;
9. thence North 00°09'00" East, a distance of 20.21 feet to an angle point;
10. thence South 89°51'00" East, a distance of 20.00 feet to an angle point;
11. thence South 00°09'00" West, a distance of 20.21 feet to an angle point;
12. thence South 89°51'00" East, a distance of 170.98 feet to an angle point;
. ~ R
13. thence North 45°35'16" East, a distance of 149.42 feet to an angle point;
14. thence North 00°35'16" East, a distance of 153.58 feet to an angle point;
15. thence North 89°51'00" West, a distance of 43.30 feet to an angle point;
16. thence South 00°09'00" West, a distance of 5.49 feet to an angle point;
17. thence North 89°51'00" West, a distance of 13.50 feet to an angle point;
18. thence North 00°09'00" East, a distance of 25.49 feet to an angle point;
19. thence South 89°51'00" East, a distance of 57.28 feet to an angle point;
20. thence North 01°48'53" East, a distance of 21.75 feet to an angle point;
21. thence North 11°53'29" East, a distance of 31.69 feet to an angle point;
22. thence South 89°51'00" East, a distance of 42.24 feet to an angle point;
23. thence South 00°35'00" West, a distance of 3.89 feet to an angle point;
24. thence North 89°24'44" West, a distance of 22.55 feet to an angle point;
25. thence South 11°53'29" West, a distance of 30.29 feet to an angle point;
26. thence South 01°48'53" West, a distance of 35.02 feet to an angle point;
27. thence South 00°35'16" West, a distance of 95.20 feet to an angle point;
28. thence South 89°24'44" East, a distance of 10.17 feet to an angle point;
29. thence South 00°35'16" West, a distance of 20.00 feet to an angle point;
30. thence North 89°24'44" West, a distance of 10.17 feet to an angle point;
31. thence South 00°35'16" West, a distance of 51.22 feet to an angle point;
32. thence South 45°35'16" West, a distance of 165.90 feet to an angle point;
33. thence North 89°51'00" West, a distance of 360.62 feet to an angle point;
34. thence North 44°51'00" West, a distance of 34.96 feet to an angle point;
35. thence North 89°51'00" West, a distance of 22.67 feet to an angle point;
Page ~ of..5t-
36. thence North 00°09'00" East, a distance of 22.09 feet to an angle point;
37. thence South 89°51'00" East, a distance of 16.83 feet to an angle point;
38. thence North 00°57'07" East, a distance of 136.68 feet to an angle point;
39. thence North 89°02'53" West, a distance of 11.00 feet to an angle point;
40. thence North 00°57'07" East, a distance of 71.08 feet to the TRUE POINT
OF BEGINNING.
Containing 23,787 square feet (0.546 acres) more or less.
Subject to existing easements and rights-of-way as any may exist, of record or not of
record.
TOGETHER WITH:
A Portion of the Northwest %. of Section 4, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho more particularly described as follows;
COMMENCING at a found Brass Cap Monument martcing the Northwest comer of Section
4, from which a found Brass Cap Monument marking the North '/a Comer thereof bears
South 89°49'08" East, a distance of 2,659.38 feet;
41. thence along the Westerly boundary of Section 4, South 00°36'13" West, a
distance of 1116.00 feet to a point;
42. thence South 89°51'00" East, a distance of 127.18 feet to the TRUE POINT
OF BEGINNING;
43. thence continuing South 89°51'00" East, a distance of 20.00 feet to an angle
point;
44. thence South 00°09'00" West, a distance of 31.50 feet to an angle point;
45. thence South 45°09'00" West, a distance of 34.14 feet to an angle point;
46. thence South 00°09'00" West, a distance of 14.61 feet to an angle point;
47. thence South 89°51'00" East, a distance of 11.25 feet to an angle point;
48. thence South 00°00'00" West, a distance of 28.98 feet to an angle point;
page ~ o ~
49. thence North 89°51'00" West, a distance of 11.32 feet to an angle point;
50. thence South 00°09'00" West, a distance of 127.55 feet to an angle point;
51. thence South 45°09'00" West, a distance of 27.86 feet to an angle point;
52. thence North 89°51'00" West, a distance of 35.29 feet to an angle point;
53. thence North 00°36'13° East, a distance of 20.00 feet to an angle point;
54. thence South 89°51'00" East, a distance of 26.84 feet to an angle point;
55. thence North 45°09'00" East, a distance of 11.29 feet to an angle point;
56. thence North 00°09'00" East, a distance of 171.14 feet to an angle point;
57. thence North 45°09'00" East, a distance of 34.14 feet to an angle point;
58. thence North 00°09'00" East, a distance of 23.22 feet to the TRUE POINT
OF BEGINNING.
Containing 5,992 square feet (0.137 acres) more or less.
The total easement area of the two portions is 29,779 square feet (0.683 acres) more or
less.
Subject to existing easements and rights-of--way as any may exist, of record or not of
record.
Todd Waite, PLS 4999
TJF:taj
W:~PROJECTS12007~Q7-033.PRJ~F'ROJECIIDESC[tIPTFONS\733SSH2ODESC-PHI.DOC
rase.--~-
END OF DESCRIPTION
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Meridian City Council
February 19, 2008
Page 5 of 75
G. Development Agreement: AZ 07-017 Request for Annexation
and Zoning of 40.4 acres from RUT to C-C zone (21.3 acres), R-8
zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by
David Dean - 6380 North Locust Grove Road:
H. Development Agreement: AZ 07-014 Request for Annexation
and Zoning of 7.55 acres from RUT and R1 to a C-C zone for
Woodland Springs by Morgan Development -Northeast Corner of
McMillan Road and Locust Grove Road:
I. Third Addendum to Development Agreement: MI 07-006
Request for a Miscellaneous application to amend the previously
approved Development Agreement for Touchmark Living Center
Annexation (AZ 99-021) by amending the approved phase
boundaries and various other provisions for Meadowlake Village
North by Touchmark of the Treasure Valley, LLC -Southeast
Corner of Franklin Road and Touchmark Way:
J. Change Order Number 13, of Contract with Owyhee
Construction, Inc. for Additional Water and Sewer Services,
Additional Type "P" Permanent Asphalt Repair, and Additional
Crew Time for the Broadway Avenue, Meridian Road to Fifth
Street Utility Replacement Project for $23,130.91:
L. Approval of Bid and Award of Contract with Superior
Construction for Lanark Avenue North - South Water
Improvements for $105,509.63:
M. Water Main Easement Agreement for FSC /Venga Works by
Venga Ventures, LLC:
N. Sanitary Sewer Easement Agreement for FSC /Venaa Works
by Venga Ventures, LLC:
O. Task Order 0741 for Ten Mile Road Interchange Utility
Improvements with Civil Survey Consultants, Inc. for an
amount not to exceed $29,320.00:
P. Sanitary Sewer and Water Main Easement Agreement for
Southeast Corner Marketplace No. 1 (aka Gateway Market
Place) by James Kissler, LLC:
,.
Meridian City Council
February 19, 2008
Page 6 of 75
Q. Sanitary Sewer and Water Main Easement Agreement for
Gardner Ahlquist Gateway No. 2 by Gardner Ahlquist
Development:
R. Agreement for Instructor Services with Sanitary Services, Co.
for Community Education Instruction not to exceed $88.00:
S. Declaration of Environmental Covenant City Hall Deed
Restriction for New City Hall Site:
T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-
III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall
Construction for $5,952.00:
U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk
Sewer with Brown Construction for $4,978.00:
V. Internship Agreement with St. Luke's Regional Medial Center
for Paramedic Training:
De Weerd: Okay. The next item is our Consent Agenda, Item No. 6.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: With the removal of 6-K, the rest of the agenda stays as is. On the agenda all the
dollar values is noted, which I certainly appreciate. I move we approve the revised
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 with
the removal of Item K. Is there any discussion? Hearing none, Madam City Clerk -- I'm
going to have to get used to that -- please call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports: