Sanitary Sewer and Water Main Easement with ZWJ Properties, LLC for Nola VACADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAH012104108 10:10 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I'II'IIIIIIIIIIIIIIIIIIIIIII III II
Meridian City i es i X9641
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this Z Z day of ~`+- , 20c8 between ZWJ Properties, LLC, 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, B, AND C)
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 Sewer-Water Ease.doc
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:
ZWJ ~froper LLC
STATE OF IDAHO
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County of Ada )
On this ~1~ day of , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Zephaniah Johnson, known or identified to
me to be a Member of the limited liability company that executed the within instrument, and
acknowledged to me that such limited liability company executed the same.
I have hereunto set my hand and affixed my official seal the day
NOTARY BLI FO_R IDAHO
Residing at: /~~~ ~ (.ar/~y~
Commission Expires: l(O,.~Ur! l~~
GRANTEE
Sanitary Sewer and Water Main Easement Sewer-Water Ease.doc
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STATE OF IDAHO, )
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On this ~da of , 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,.~Z ARC ,~ •: OTARY PUBLIC FOR IDAHO
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Sanitary Sewer and Water Main Easement Sewer-Water Ease.doc
Legal Description
City of Meridian -Sewer Easement -Exhibit A
An easement located in the SW "/ of the SW "/4 of Section 8, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southeast corner of the W "/s of the
SW "/4 of the SW "/a of said Section 8, from which a brass cap monument marking the southwest
corner of said SW "/4 of the SW Y4 bears N 89°56'56" W a distance of 661.43 feet;
Thence N 0°26'58" E along the easterly boundary of said W "/2 of the SW "/e of the SW "/a a
distance of 1001.71 feet to a point;
Thence leaving said easterly boundary a distance of 25.44 feet along the arc of a 44.00 foot
radius non-tangent curve left, said curve having a central angle of 33°07'35" and a long chord
bearing S 85°41'30" W a distance of 25.09 feet to the POINT OF BEGINNING;
Thence N 0°26'58" E a distance of 77.33 feet to a point;
Thence S 5°19'32" E a distance of 75.51 feet to a point;
Thence a distance of 7.92 feet along the arc of a 44.00 foot radius non-tangent curve left, said
curve having a central angle of 10°18'55" and a long chord bearing S 74°17'10" W a distance of
7.91. feet to the POINT OF BEGINNING.
This easement contains 293 square feet and is subject to any other easements existing or in
use.
Clinton W. Hansen, PLS
Land Solutions, PC
November 3, 2008
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City of Meridian Sewer Easement
Job No. 07-84
Leaal_. Description
City of Meridian -Water Easement -Exhibit B
An easement located in the SW'/< of the SW "/4 of Section 8, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southeast corner of the W'/z of the SW
'/ of the SW '/4 of said Section 8, from which a brass cap monument marking the southwest
corner of said SW'/, of the SW '/ bears N 89°56'56" W a distance of 661.43 feet;
Thence N 0°26'58" E along the easterly boundary of said W '/2 of the SW '/4 of the SW '/ a
distance of 1001.71 feet to the POINT OF BEGINNING;
Thence a distance of 8.75 feet along the arc of a 44.00 foot radius non-tangent curve left, said
curve having a central angle of 11°23'27" and a long chord bearing N 83°26'26" W a distance of
8.73 feet to a point;
Thence N 0°30'15" E a distance of 209.89 feet to a point on the southerly right-of-way line of the
Union Pacific Railroad;
Thence S 88°30'10" E alang said southerly right-of-way a distance of 8.49 feet to a 5/8 inch
diameter iron pin;
Thence continuing along said southerly right-of-way S 88°31'51" E a distance of 11.52 feet to a
point;
Thence leaving said southerly right-of-way S 0°30'15" W a distance of 210.46 feet to a point;
Thence N 89°33'02" W a distance of 11.32 feet to the POINT OF BEGINNING.
This easement contains 4,209 square feet and is subject to any other easements existing or in
use.
Clinton W. Hansen, PLS
Land Solutions, PC
November 3, 2008
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City of Meridian Water Easement
Job No. 07-84
CITY OF MERIDIAN SEWER AND WATER EASEMENT -SKETCH
EXHIBIT C
U.P.R.R.
L2 L,3
LINE TABLE '
/
L/NE LENGTH BEAR/NC N ~ ~' LEGEND
1 209.89' N 0:70'75" E i t ~ '
[2 8.49' S 8830'10" E ~ I ~ 20' WATER EASEMENT
GJ 11.52' 5883/51"E ~ ~ /
[4 210.a6' S 030'15" w ~ I i ~ 20' SEWER EASEMENT
L5 11.32' N 893302" W I li
L6 77.33' N 07658" E
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[7 7551' S 5'1932" E j i i // VACATED R-O-W
CURVE TABLE
LENGTH
RAD/US
OEL TA
CHORD
BEAR/NG I I
O
SEWER MANHOLE
C/ 25.4x' 4x.00'
' 3Jr7735"
" 25.09'
' S 854130" w
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" ,~~, ~~ ~ O WATER VALVE
C? 8.7 44.00 117J 27 7 N 37
W
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C3 7.92' 44.00' 10'7855" 7.91' S 74'1710" w o ~ ~ ~ / A FIRE HYDRANT
t0• ~I I
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PARCEL 51108336013 SEINER EASE
ARTHUR BERRY PO/NT OF
E. LANARK ST. BEC/NN/NG
0 40 80 160
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WA TER EASE
PO/NT OF
BEC/NN/NC ~ ~
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PARCEL 85302770005
ZW/ PROPERTIES LLC
1854 E. LANARK ST.
E. LANARK ST.
E FRANKL/N RD , /' ~ O' ~~, O
7 8 N 893656" W i^ii~
18 „ ss,.e.3• Land Surveying and Consulting
SOUTHEAST
CORNER W 1/2 231 E. 5TH ST., STE. A
SW 1/4 SW 1/4 MERIDIAN, ID 83642
(ZOS( 288-2040 (208( 288-2557 fax
www.landsol utions.biz
Meridian City Council Special Meeting Workshop
November 18, 2008
Page 2 of 81
De Weerd: It's been moved and seconded to approve the agenda. All those in favor?
Opposed? Motion passes.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Findings of .Fact and Conclusions of Law for Approval --Una
Mas -Planning.
B. Change Order No. 1 for Well 14 Pump with Superior
Construction for $7,800.00 -Public Works.
C. Tabled from November 5, 2008 --Sewer and Water Easment
for Nola VAC by ZV11J Enterprises -Public Works.
D. Water Easement for Three Corners Subdivision by David &
Luane Dean -Public Works.
E. Approve Minutes of July 9, 2008 City Council Special
Workshop Meeting
F. Approve Minutes of July 14, 2008 City Council Special
Workshop Meeting
G. CDBG PY08 Subrecipient Agmt with Boise City / Ada County
Housing Authority
H. CDBG PY08 Subrecipient Agmt with Meridian Senior Citizen's
Center
I Utility License Agreement for Meridian Fire Department
Traffic Signal
J. Professional Service Agreement with AspireOn, Inc.
5-B. Budget Amendment for Specialty /Work Assignment pay for
Police Department of $36,205.00.
De Weerd: Next item is the Consent Agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Meridian City Council Special Meeting Workshop
November 18, 2008
Page 3 of 81
Zaremba: As previously noted, Item 3-K is being removed from this Consent Agenda
and we are also including on this Consent Agenda the item that was originally noted
as 5-B. And with that I move we adopt the Consent Agenda as amended.
Hoaglun: Second.
Rountree: It's been moved and seconded to adopt the Consent Agenda. All those in
favor?
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I heard that K is removed, but is J as well?
Zaremba: K was removed and we added an L, which was originally 5-B.
De Weerd: So --
Nary: Madam Mayor, Members of the Council, J doesn't need to be removed. It's just
a renewal of our ongoing HR consulting agreement. We did lower the amount from
the previous year, but --
De Weerd: Oh. Okay. I'm sorry.
Nary: -- it wasn't a presentation.
De Weerd: Thank you.
Rountree: You all right, then?
De Weerd: Uh-huh.
Rountree: All right. It's been moved and seconded to approve the Consent Agenda.
All those in favor? Unanimous. Motion passes.
MOTION CARRIED: ALL AYES.
Rountree: Next item on the agenda is Community Items. Presentations. First one on
the agenda there is the Meridian Valley Animal Shelter and Lieutenant Overton.
Zaremba: Mr. President, we actually moved another item into that position, the Idaho
Food Bank one.
Rountree: A-1 precedes A?
Meridian City Council Special Meeting Workshop
November 18, 2008
Page 4 of 81
Zaremba: I meant for A-1 to preceded the --
Rountree: Oh, that was your intent?
Zaremba: I'm sorry.
Item 5: Department Reports:
E. Tabled from November 5, 2008 -- SWAC Recommendation to
Idaho Food Bank for $19,500.00.
Rountree: All right. The Idaho Food Bank presentation.
Simon: It's not safe behind me now. Good evening. I'm Roger Simon, I'm president
and CEO of the Idaho Food Bank and I want to thank you, first off, for your past
support of our grocery alliance program to redirect product that had been waste in the
past to help these folks right here in the Meridian area. I want to share some
information with you about what has gone on -- what will be going on with your
support. Through your support in the fiscal year there were 4,002 times children were
served right here in Meridian, 4,099 times adults, and 576 times seniors received
service. Now, those are not individuals, those are times. For a total of 8,677 times
that people right here in our neighborhood relied on assistance through the various --
well, through the St. Vincent de Paul Pantry, the Meridian Food Bank, and the
Meridian United Methodist Church. Those numbers unduplicated, just to give you a
perspective, were 955 children relying on food assistance here, 930 unduplicated
adults and 134 unduplicated seniors. What that says, naturally, is that that assistance
was more than one time for those folks, which is a serious problem, of course, that we
have. And these numbers are based upon a time when -- let's say our economy as
stronger and so goodness knows what lies ahead for us right now. What we were able
to do through your support is initiate programs, which, Mayor, you helped kick off, if
recall, at the Albertson's and the Fred Meyer stores here in Meridian to start a program
known as Grocery Rescue. The grocery alliance program. What we were able to do
was take product that had been going to landfills in the past, such items as dairy
products, meat products, fresh fruits and vegetables, and redirect those to people in
the community in need. Taking that product, reducing the waste. What we are looking
at -- excuse me -- occurring as of after the first of the year is not only those two stores
continuing, but adding the Albertson's store on Cherry Lane and through negotiations
that are finalizing -- almost completely done -- to start the Wal-Mart store in Meridian
as of the first of the year. What that will do, just to give you a perspective, prior to
waste -- no. I'm sorry. Yeah. Before waste that would have equaled about 149,656
pounds going to landfill. That's what would have occurred. I anticipate through our
history with this program that we will reduce that number of pounds of waste from
nearly 150,000 to 14,000 pounds. And that 136,000 pounds of perfectly fine product
will come right back to the community. Will come back to the community through
those three agencies and others that we might be able to develop in the meantime.
Our request to you is for support at approximately half of the operating cost for that