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Sanitary Sewer Easement with Venga Ventures, LLC for Venga Worksi M ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02/28/08 01:34 PM DEPUTY Patti Thompson II I I (II'I II I I II I I II I III I II I I I II"I'll RECORDED-REQUEST OF City of Meridian 1 ~$~~~$$~ SANITARY SEWER EASEMENT THIS IND~NTURE, made this ~'~~day pf J A N ~~~~ 20 b t3 between V ~ ~~ Y ~ a`' ' u GZ~S ~ ~~ ~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the seFond part, and hereinafter called the Grantee; WITNESSETH: WI~EREAS, 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 described for this easement, .which would interfere with the use of said easement, for the C otvAr Ndain Facamon* stacm* ci~rr main ~nr PaBe~o~ c~-~ a 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 an~ possessed of the aforementioned and described tract of land, and that they have a good and lawful right tp convey said easement, and that they will warrant and forever defend the title and quiet possession hereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed thejr signatures the day and year first herein above written. G~tANTOR: ~C1'l~~t President M A 2K ~ pug (Z~=A ` M Secretary STATE OF IDAHO ) ss County of Ada ) ,. fi h On this ~_ day of ~ ~ , 20,E before me, the undersigned, a Notary Public in and for said State, personally appeared -~~.-~. ~ti (~ ~ h YCCt;~ ~ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, 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 y~ fist:,,above written. ~,~ ~n e~.~ ~ ilk, .~T ~i9 ~SEA'14- V ©~~~' ~~° ~ p ~v ~ ~ ~.ti:~::. .~ ~ NOTARY PUBLIC FOR IDAI-IO .. ~ <~. 8 ~., b ,~ . ~ '~ Residing at: >-}t~ ~ e~ ' ~ t~ ~' ~ ~a ~~b ~, ~ Commission Expires: 1 d- I y~ 2(~(~ <<, ~., ~ .:, ~,., .:: > <_ Qnnmr Alain FaeAmAr~t saaemY Page in nr O~ CITY OF MERIDIAN Tammy de Weerc~dyor \\\\\\~~1~111i` 17111I1i// f :~ i ~~'/ '~ :-, 7.: ~R ~~ ~":'-...~-~a 'x.J 9' , t`, ` ~) Jaycee Holman~.aCity Clerk ~' ;5~~ ~ ; ~~i "~ d. 4 ~ ~: r ~1 Approved by Council on STATE OF IDAHO, County of Ada, ) ss. On this day of ,2~", before me, the undersigned, a Notary Public in and for the State of Idaho, pers nally appeared Tammy de Weerd and Jaycee 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. ~ '~ `~ ~ Notary Public for Idaho • ~ Residing at: (IL~C~~~~ ` ; •~. ,~ • My Commission Expires: ~d- ~ x'11 • ~ ID . , , • Yl. SANITARY SEWER EASEMENT DESCRIPTION January 7, 2008 FSC/Venga Ventures An easement located in the NE %a of the NW '/+ of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the North''/a Comer common to Sections 13 and 24, Township 3 North, Range I West of the Boise Meridian, monumented a found 518" rebar with plastic cap, comer record number 102021019; Thence North 89°07'37" West coincident with the northerly line of the NW '/a of Section 24, said section line also being coincident with the centerline of West Overland Road, , 392.15 feet; Thence leaving said northerly line of the NW % of Section 24, South 00°52'08" West, 305.60 feet to the POINT OF BEGINNING; Thence South 89°07'52" East, 364.41 feet; Thence South 00°51' 15" East, 423.48 feet; Thence North 89°08'45" West, 20.00 feet; Thence North 00°51' IS" East, 403.48 feet; Thence North 89°07'52" West, 344.42 feet; Thence North 00°52'08" East, 20.00 feet to the POINT OF BEGINNIlVG. The easement described above contains 0.35 acres, mare or less. The Basis of Bearing is NAD83, Idaho State Plane Coordinate System, Western zone. 1~72~ ~~/~ o ~q ~'~ o~ ~o`~ \~P.F% Z~ SANITARY SEWER EASEMENT EXHIBIT An easement located in the NE ~ of the NW ~ of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho zoos I N89'07'37"W 392.15' _ ~~ ' ! - ' _ T ` W. OVERLAND ROAD 24 N 1/4 CORNER " '" f , ~ T -~ ..~ FOUND 5/8 , ~~ ~ i ~ I l , I ~~` ~ " .. ~ RfBAR/PLASTJC . ~ i ~ t t ~ ~ i r ~ , :F~ ~ i t t i I; 1 t ~ i i- I I t j t i ~ ~ o `- ~ CAP, CORNER . i . ,, I; {'f t I I t t f I I 11 1'~[ ~ ~ RECORD No. ~ ,1 P~~(~((E~ I (~II( ~~(~ ~~i _ 1 0202 1 0 1 9 tf I4. .' f 7 I ~f ~t~:i'j l1 r , 1. ~ ~ ~' ~ ~~ ~ ~ ! f ~ ( y :.:( N 1 ~ ~ ( ( ~ <. ~ ~ ,~ ~~ : ~ ~ II ~ t t h"' f ~ I '''~ ~ ~ ~~f iN . cf- ~ ~ ( I ;~r : , (~ ~ ~~ ~ , . ~ ~ ~ ( ~~ ~ ~ ~~~ ~j ; ~:, i' ? I ~ f Nd0:5. ~' , ~ ~ :~~ ~.,.. I ~ .__, ( ~ ,: .:,.,~ S89 07'52"E 364.41 ' _.._ -„---T-._~ -- ~- T f .., M f 1 ' ! ( i!~ ( LEGEND ( 4~4, Ep ( - -^_ - CALCULATED POINT ( SECTION LINE ~ '! O 7 Z 9 ~ ( - - - - - - -- - EASEMENT LINE ~p~ ~ r9~0 B ~O ( - - RIGHT OF WAY. LINE ~'~TS CF ~0~ ( ppg~ POINT OF BEGINNING '4`/$ p, fp~b`~ ( r _f 9 I:.I 9601 W Erdsr street, state 200 ( Boise, rae.~o es~roa ( (806)918-6400 ( (806)918-6969 Fiu[ w3poio/lto.oom Pl~aaor~ Sbjlgooss 8urw}rori • Lwd~o~p~ AroMNob ( I ( I,j ( I, I ( .'_ ~ •-~ rS~ ~_ ~I ( I f ~. (~:' I . (.L~~I ~i i~ ~' ,. i°~. p.~, 5 ~r 5 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 /Venga 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: