Sanitary Sewer and Water Main Easement with Chan, Kin San and Huang, Xian Hua for Great Wall RestaurantADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 04122/09 10:45 AM
DEPUTY Randy Jennings III I' II II I II I ~I I I'I' I I II I I ~I ~I II'I'll
RECORDED-REQUEST OF 109045640
Meridian Ciry
SANITARY SEWER AND WATER MAIN EASEMENT
THLS INDENTURE, made this ~^ day of ~i l-tI' C~ - , 20~between
,the parties of the first part, and hereinaftef 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 particulazly 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, TI~REFORE, 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,
replacement and additional connection thereto of water or sanitary sewer mains 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, performing other maintenance or making subsequent connections to
the sanitary sewer or water line, 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.
City of Meridian, Idaho
Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09
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 fast herein above written.
GRANTOR:
k LLB _5 A tJ t H n sl ~ Y,~_
-7itA~~ W viPt 1-1 y-aNG X~~~ ~'~~~ ~U~// ~/'
STATE OF IDAHO )
ss
County of Ada )
On this .. ~ r°~
day of /`~G lC G/ , 20 O' off, before me, the undersigned, a Notary
Public in and for said State, personally appeared k ~ tu1 S a wl ! u q At
h~Sbr,.,~,~1 6 , Xt~Rn t3vgni(,-
~ '"' ~ F- ~ known or identified to me to be the
that executed the within instrument, and
acknowledged to me that such ,~~y ~,~ executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
' Ap ~~.~, TARY P OR IDAHO
~Q~ A'~~ ~- esiding at: 1a39~ G /anal' ~~J~
Commission Expires: d ~
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City of r
Sanitary
EASMT.S&W 1-29-09
GRANTEE: CITY OF MERIDIAN
~ 1,~ qTF~~ ~~~-
Tammy de Wee ayor ~ ~
EAL
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Attest by Ja ~ L. Holman, City ~ T ~~~ ' P~,``
(~-l,Y
Approved By City Council On: ~~ ~ C~ . ~~~
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~ , 20 4 ~ , before ~, the undersigned, a Notary Public in
and for said State, personally appeared TAlVIl~iY DE WEERD and JAYCEE L. 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.
C~~-OC~cs-r•-
NOTARY P LIC FOR IDAHO
(SEAL) Residing at: ~o . ~ d-a~+-~~
Commission Exp~, Y ~ ~f ~ /Z
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City of Meridian, Idaho
Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09
a s~ ~ ~, Professional Engineers, Land Surveyors and Planners
314 Badiola St. Caldwell, ID 83605
~c"~ B'~ ~I ~ ~~J, 1~. Ph (208) 454-0256 Fax (208) 454-os79
e-mail: dholzheyna,msen
EXI-IIBIT "A"
SANITARY SEWER & WATER EASEMENT
An easement being a portion of the SWl/4 NWl/4 of Section 4, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the southwest corner of said S W 1 /4 NW 1 /4, corner marked with a brass disk;
Thence S 89° 45' 23" E a distance of 70.00 feet along the south boundary of said SWl/4 NWl/4 to
a point on the easterly right of way of Eagle Road;
Thence N 00° 36' 09" E a distance of 543.50 feet along said easterly right of way of Eagle Road to
the POINT OF BEGINNING;
Thence continuing N 00° 36' 09" E a distance of 291.15 feet to a point;
Thence S 53° 03' S1" E a distance of 27.14 feet to a point;
Thence S Ol ° 09' 35" E a distance of 156.15 feet to a point;
Thence S 89° 23' S7" E a distance of 35.76 feet to a point;
Thence S 00° 35' S9" W a distance of 84.72 feet to a point;
Thence N 89° 23' S7" W a distance of 33.16 feet to a point;
Thence S O1 ° 09' 35" E a distance of 34.29 feet to a point;
Thence N 89° 23' S2" W a distance of 30.33 feet to the POINT OF BEGINNING.
This easement contains 0.236 acres more or less.
H ^ B ^T "B"
A SANITY SEWER EASEMENT IN THE SIM~4 SWY4 OF SECTION 4
TOWNSHIP 3 NORTH, RANGE 1 EAST, OF THE BOISE MERIDIAN ADA COUNTY
2009
i
S53ti3'S1 E' I
27.14' I
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x`34 29'x:35 E
POINT OF
BEGINNING N8973'52"W
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GREAT WALL RESTAVRAIVT
s~wrrwRr s~R a way Ews~~nrr
roe ea ,~ao~
SOUTHWEST CORNER ~1° ~ 01B NQ' eoi'~'
OF THE SVIN4 NW~/4 _ anon Fy ~ sc~ ~._ ~~ ~x 0
S 89 45'23" E tan~ie~c~ i~ ~"~~tQ~D~`
70.00' ~ ~`~'
cEr a~s~s~oe
Meridian City Council
March 10, 2009
Page 3 of 59
D. Findings of Fact and Conclusions of Law for Approval: AZ 08-
013 Request for Annexation and Zoning of 32 separate tax parcels
owned by 28 different property owners consisting of a total of 55.6
acres that are currently receiving city water and/or sewer service by
City of Meridian -various locations (see application):
E. Findings of Fact and Conclusions of Law for Approval: PP 08-
011 Request for Preliminary Plat approval of 17 commercial lots on
approximately 8.7 acres in a C-G zoning district for Trade Plaza by
Trade Plaza Subdivision Development, LLC -Northwest Corner of
Meridian Road and Corporate Drive:
F. Approve Sanitary Sewer and Water Easement Agreement for
Great Wall by Kin San Chan and Xiao Hua Huang:
G. Approval of Task Order 0669B for Construction Staking of
Water and Sewer Improvements in Conjunction with the ACHD
Split Corridor Phase 1 Project for $6,020.00:
De Weerd: Okay. Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to sign
and the Clerk to attest.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Legal Department:
1. Update on Meridian Heights /Kentucky Ridge Request
for Service: