Sanitary Sewer Easement with Toland, David D. for Ten Mile Creek Sewer CrossingADA COUNTY RECORDER J. DAVID
BOISE IDAHO 02113!09 09:28 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Meridian City
NAUARRO AMOUNT .00
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iE~~01~168
This sheet has been added to document
to accommodate recording information.
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this ~~ R~day ofS~k~ , 2009, by the undersigned
David D. Toland, who maintains a mailing address of 139 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, in consideration 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.
1. 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.
STATE OF IDAHO)
ss
County of Ada )
On this day of , 2009,
personally appeared avid D. Toland, I
evidence to be the persons whose na
and acknoyyr~dgodthat they execy
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before me ~~~~vNE ~ ~ S/~E~vCE2 ,
r ed to me on the basis of satisfactory
;~s subscribed to the within instrument,
NOTARY PUBLIC FOF~IDAHO
My Commission Expires o ~~~ 7 ao ~~
Page 2 of 3
SANITARY SEWER EASEMENT
Beneficiary: CITY OF MERIDIAN
By: ~Gls~~
Tammy de Weerd,
ATTEST:
~~,~oRtr~ ti ','
o
Jaycee Holman, ity Clerk ~ ~~
,'s'pq ~T Est ~ ,~.~~
Date approved by Council: ~ -~ Q q '~ c ~p
RUNTY .
Page 3 of 3
SANITARY SEWER EASEMENT
STATE OF IDAHO,
ss.
County of Ada )
On this~~,day of" , 2t~, before me, the
undersigned, a Notary Public in and for said State, pe onally 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.
%~ '~'~ ~ NO ARY PU FOR IDAHO
(SEAL) MG'~, ~l,
RESIDIN
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EXHIBIT A-1
Project: 10-08-043
Date: September 30, 2008
LOT 7 PERMANENT EASEMENT
PARCEL DESCRIPTION
A portion of Lot 7, 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 Ya 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 Northwest corner of Lot 7, the POINT OF BEGINNING;
thence along the Northerly boundary of said lot, South 67° 53'11" East, 10.00 feet;
thence along a line parallel to, and 10 feet Easterly of the Westerly boundary of Lot 7, South 22°06'49"
West, 175.00 feet to the Southerly boundary of said lot;
thence along said boundary, North 67° 53'11" West, 10.00 feet to the Southwest corner of said lot;
thence along the Westerly boundary of Lot 7, North 22°06'49" East, 175.00 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.
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THIS DOCUMENT, ANO THE IDE/~8 M10 OESIUNS NCAf8oRl11 eu ntnei
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EXHIBIT B-1
Project: 10-08-043
Date: September 30, 2008
LOT 7 TEMPORARY EASEMENT
PARCEL DESCRIPTION
A portion of Lot 7, 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 Northwest corner of Lot 7; thence along the Northerly boundary of said lot,
South 67° 53'11" East, 10.00 feet to the POINT OF BEGINNING;
thence South 22 ° 06'49" West, 175.00 feet to the Southerly boundary of Lot 7;
thence along said boundary, South 67° 53'11" East, 10.00 feet;
thence North 22 ° 06'49" East, 27.72 feet;
thence South 67°53'11" East, 40.00 feet;
thence North 22°06'49" East, 20.00 feet;
thence South 67° 53'11" East, 20.00 feet to the Easterly boundary of Lot 7;
thence along said boundary, North 22°06'49" East, 127.28 feet to the Northeast corner of Lot 7;
thence along said boundary, North 67° 53'11" West, 15.00 feet;
thence South 22 ° 06'49" West, 89.27 feet;
thence South 67°06'49" West, 13.79 feet;
thence North 67° 53'11" West, 32.12 feet;
thence North 22°53'11" West, 14.49 feet;
thence North 22 ° 06'49" East, 88.78 feet to the Northerly boundary of Lot 7;
thence along said boundary, North 67° 53'11" West, 2.88 feet to the POINT OF BEGINNING.
Containing 0.118 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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EXHIBIT B-1 SHEET
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~INCORPORATEOHEREN, PRw
THIS DOCUMENT, AND TH
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AS AN INSTRUMENT OF PROFESSIONAL SERVICE, L4 THE PROPERTY OF
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JXI~B ENONEERS, ~ AND IS NOT TO BE USED, IN WHOLE OR PART, T A
FOR ANY OTHER PROJECT WRHOUTTHE EXPRESS WRRTEN T P A ,
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AurNORRAnON OF JL~ENDN
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DRAWN BY: TLK TEMPORARY SEWER EASEMENT
DEBKiN BV: TLK .Sumyan. CREST WOOD ESTATES No. 4 LOT 7, BLOCK 5
CHECKED BY: RMH
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 Agreement for Ten Mile Creek Sewer
Crossing by Ronnev & 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.
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