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Sanitary Sewer Easement with Keeton, Ronney and Kathryn for Ten Mile Creek Sewer CrossingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! BOISE IDAHO 02!13109 09,28 AM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIII~II~IIIIIIIIII'I~I ~II Meridian City i E~901 ~ 169 This sheet has been added to document to accommodate recording information. SANITARY SEWER EASEMENT THIS INDENTURE, effective this 1(~day of , 2009, by the undersigned Ronney Keeton and Kathryn Keeton, a married couple, who aintains a mailing address of 1415 W. Kimra St., Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Broadway Avenue, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-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 CITY; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer pipeline over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-1.1, B-1, and B-1.1) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeline and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer pipeline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement including fencing. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. Page 1 of 3 SANITARY SEWER EASEMENT 2. HOLD HARMLESS, In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Grantor: Kathryn Keeton STATE OF IDAHO) ~ ss County of Ada ) On this ~ day of , 2009, before me ~/E~Niv~ ~ . Si°~ NeE,e , personally appeare onney eeton and Kathryn Keeton, proved to me on the basis of satisfactory evidence to be the ns whose names is subscribed to the within instrument, and acknowledge tat they executed he same. .`,a~~~ati L' sPF~ a .,~ , =4~P ~oT~Rr ~E~,'s~ NOTARY PUBLIC FOR AHO ~r~~ PvBL~G My Commission Expires o Ghc-~ ~~ol/ Jj,_.,~,„__ _ _ _ ao,, Page 2 of 3 SANITARY SEW Beneficiary: CITY OF MERIDIAN By: r q'1'~ ,~r'°~~ F -V Tammy de Weerd ATTEST: <~,(.'~ Y~ /\p Jaycee Holman, City Clerk Date approved by Council: o?-~' ~°I I ',y'O ~~r psi • 1~ ~o ` 7 COUNTY . `°P• Page 3 of 3 SANITARY SEWER EASEMENT STATE OF IDAHO, ) ss. County of Ada ) On this_~day of , 21~, before me, the undersigned, a Notary Public in and for said State, pe sonally 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) `•444• A• _ G,~~,.`/ ~ ~ ,~' ~, ~ ~ ~ • . ~ ~ • ', :~j-'~ ZG- ~O: •....... RCJIUIIV~1 .. MY COMMISSI EXHIBIT A-1 Project: 10-08-043 Date: September 30, 2008 LOT 6 PERMANENT EASEMENT PARCEL DESCRIPTION A portion of Lot 6, Block 5, of Crest Wood Estates Subdivision No. 4 as recorded under the official records of Ada County, Idaho, Book 56, page 5239 within the Northwest'/a of the Northwest'/a of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit drawing and more particularly described as follows: Commencing at the Northeast corner of Lot 6, the POINT OF BEGINNING; thence along the Easterly boundary of said lot, South 22°06'49" West, 175.00 feet to the Southerly boundary of said lot; thence along the Southerly boundary of Lot 6, North 67° 53'11" West, 10.00 feet; thence along a line parallel to, and 10 feet Westerly of the Easterly boundary of said lot, North 22 ° 06'49" East, 175.00 feet to the Northerly boundary of Lot 6; thence along said boundary, South 67°53'11" East, 10.00 feet to the POINT OF BEGINNING. Containing 0.040 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 ~13~ ~ ~'p 9T f ~ F \~P ~~c. RMH:Ihc P:\BRW\10-08-043 -Meridian Ten Mile Creek Sewer Crossing Ph 2\10-08-043 -Easement Docs\10-OS-043-PermEase-Lot6.doc 5 0 ~~\ ~j~j / k~,~jR / ,S T q S ,~ i ~5 S67'S3' 11 "E ~ s 10.00' P .0. B ~, 6 / ~~ / BLOCK 5 ~ • ~.s \ - ,S 00 00 7 N^ 175.00' / N. / / ~L 7~ / / ~~ ~N67'S3' 11 "W / 10.00' ` ~ ~ ~ (~, ~ & 85~ '^~9 ~d~~ SCALE: 1 "=30' YI °AOF"~ '°~°~°"" EXHIBIT A-1.1 SHEET THI8000UMENT,AND TH WCORPORATED NEREN, PROD ~: 7°-05-063 AS AN INSTRUMENT OF PROFE8310NALSERVICE, MTHE PROPERTY OF bU8 ENGSNEERS, Ym. ANO 18 NOT TO SE U8E0, W WHOLE OR PART, P T A : 1 ~ ~ FORANY OTHER PROJECT WRH01lf THE E%PRESS WROTEN T PDATED: AUTHORIZATION OF J~I9 ENOMIEEAe,be DMWN BY: TUC ~ PERMANENT SEWER EASEMENT OF DEEION EY: TLK .ate.. CREST WOOD ESTATES No. 4 LOT 6, BLOCK 5 CHECKED BY: RMN EXHIBIT B-1 Project: 10-08-043 Date: September 30, 2008 LOT 6 TEMPORARY EASEMENT PARCEL DESCRIPTION A portion of Lot 6, Block 5, of Crest Wood Estates Subdivision No. 4 as recorded under the official records of Ada County, Idaho, Book 56, page 5239 within the Northwest'/a of the Northwest'/a of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit drawing and more particularly described as follows: Commencing at the Northeast corner of Lot 6; thence along the Northerly boundary of said lot, North 67° 53'11" West, 10.00 feet to the POINT OF BEGINNING; thence South 22 ° 06'49" West, 175.00 feet to the Southerly boundary of Lot 6; thence along said boundary, North 67° 53'11" West, 11.74 feet; thence North 24°48'18" East, 105.12 feet; thence North 22 ° 06'49" East, 70.00 feet to the Northerly boundary of Lot 6; thence along said boundary, South 67°53'11" East, 6.80 feet to the POINT OF BEGINNING. Containing 0.033 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 ~p T F 0 F ~~ ~~v Nq ~ D M ~pO RMH:Ihc P:\BRW\10-08-043 -Meridian Ten Mile Creek Sewer Crossing Ph 2\10-08-043 -Easement Docs\10-08-043-TempEase-Lot6.doc G 5 N2ros'as"E ' '-'~ 7 X0.00'1 i \\ ~ ~/ ,~ MR q ,S r S ~ 1 `~ 6.80' ~s POB 6 ~ BLOCK 5 ,~ ~ ~~, o° NN ^h. ~ ~ ~ ~~ ,~~ , ~ ~N ~ oh. / ?N +. ~ / .s \ / ~ \ ~~ \ / ~S ~ , / N 67'53' 11 "W ~ ~ ~'' ~~ 11.74' ~~~ ~~ ~ ' ~. 8575 SCALE: 1 "=30' ~ N. J °"°~`~'°~°°'~°`"' ~ EXHIBIT B-1.1 SHEE DOCUMENT, AND TN WCORPORATFA HEREW, PROD. t. 1°-08-019 J V INSTRUMENT OF PROFES91oNAL9ERVICE, Bi THE PROPERTY OF i.crimn.rcn or..,~. ~~ ~ ~ ~ 1 IENOMEERB.BK AND I8 NOT TO BE U9EO,W WHOLE OR PART, PLAT DA :1 ~ ~ MlY OTHER PROJECT WRHOUT THE EXPRE88 WRRTEN .__.____.. __ ... _ _.. _...-__ . 8~ TEMPORARY SEWER EASEMENT I°'' 1 CREST WOOD ESTATES No. 4 LOT 6, BLOCK 5~ Z- Meridian City Council February 3, 2009 Page 3 of 10 E. Sanitary Sewer Easement Aqreement for Ten Mile Creek Sewer Crossing by David D. Toland: F. Sanitary Sewer Easement Aqreement for Ten Mile Creek Sewer Crossing by Ronney & Kathryn Keeton: G. Contract for Wastewater Treatment Plant SCADA Automation Task Order No. 10003 with DC Engineering, Inc. for $75,000.00: H. Contract for the Wastewater Conceptual Design for an Organic Waste Facility Task Order No. 10000 with CH2M HILL for $22,082.00: I. Contract for Odor Control Study Task Order No. 10002 with CH2M HILL for $17,882.00: J. Contract for Tertiary Filtration Project Office Engineering Services Task Order No. 10001 with CH2M HILL for $147,507.00: K. Development Agreement: RZ 08-007 Request for Rezone of 5.91. acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of North Meridian Road, approximately'/2 mile of East Ustick Road: L. Professional Services Aqreement with Refinerii, LLC for City Hall Public Art: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item 5-B is resolution number 09-650. And I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. 1 Meridian City Council February 3, 2009 Page 4 of 10 Rountree: Does the Consent Agenda, Item D, reflect the -- this afternoon's change in that Finding of Fact? Are they one and the same? Holman: Madam Mayor, Members of the Council, Councilman Rountree, those -- the modification came in late this afternoon, so we printed those and put those in front of you. Rountree: And that is Item D? Bird: That's the rebuttals. Rountree: Okay. Thank you. De Weerd: Okay. Any other clarification needed? Rountree: I have none. De Weerd: I appreciate your question. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Purchasing Department: 1. City Hall Punch List /Wish List De Weerd: Okay. Our next item is our department reports. We have our Purchasing Department. Keith. Watts: Good evening, Madam Mayor and Council. I'd first like to say how nice you guys look tonight. Rountree: You better. Bird: You bet. Watts: I have handed out to each of you the punch list results after we have had Ed Ankenman and Eric Jensen go through and review for completeness and acceptability of all items that were on the punch list. We are at a point at this -- right now -- I have met with Gene with Petra and they have agreed to complete these items. We just finished putting this together today, so I haven't got it back to him to get a date when