Sanitary Sewer and Water Main Easement with Joint School District No. 2 for Education Campusr
ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ~
BOISE IDAHO 05128109 02:00 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF 10906167
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~' day of , 20~between Joint School
District No. 2, the parties of the first part, and hereinaft .r 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, C and D)
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
S&W MAIN.doc
MERIDIAN ESMT
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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.
Juan Vuittonet, Board Chairman
STATE OF IDAHO
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County of Ada )
On this ~ ~t"% day of Q~ Y i ~ , 20 ~ ~ ,before me, the undersigned, a Notary
Public in and for said State, personally appeared Juan Vuittonet, known or identified to me
to be the person who executed the within instrument, and acknowledged to me that he
executed the same in his authorized capacity, and by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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GRANTEE: CITY OF MERIDIAN ~~~~"""'~
Tammy de W
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At~by Ja(}lcee Holman, City Clerk/'~., q T 1S'~ `pQ'`\.`~~~~
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Approved By City Council On: ~ , ~~~
STATE OF IDAHO, )
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County of Ada )
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On this /- day of ~ , 20b ,before me, the undersigned, a Notary
Public in and for said State, person ly 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) •,~~~.R~ M G~ ~~~ NOTARY P BLI FOR DAH~
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Sanitary Sewer and Water Main Easement MERIDIAN ESMT
S&W MAIN.doc
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March 6, 2009
EXHIBIT "A"
MERIDIAN SEWER AND WATER
EASEMENT DESCRIPTION FOR
PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2
A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86
of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the
Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada
County Idaho, more particularly described as follows:
Commencing at the West 1/4 corner of said Section 32, from which the
Southwest corner of said Section 32 bears South 00°31'04" West, 2658.95 feet; Thence
along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet;
Thence departing said west boundary line South 89°38'40" East, 48.00 feet to a point
lying on the east right-of-way line of North Locust Grove Road, said point being the
Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along
said east right-of-way line North 00°31'04" East, 905.48 feet to a point intersecting the
southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right-
of-way line of said East Leigh Field Drive North 45°00'00" East, 49.95 feet; Thence
South 89°34'35" East, 10.64 feet; Thence 93.98 feet along the arc of anon-tangent
curve to the right, having a radius of 469.00 feet, a central angle of 11°28'51", and a long
chord bearing South 83°50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a
non-tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 °28'54",
and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89°34'35"
East, 11.10 feet to the REAL POINT OF BEGINNING.
Thence continuing South 89°34'35" East, 44.00 feet;
Thence departing said right-of-way line South 00°25'25" West, 57.00 feet;
Thence North 89°34'35" West, 44.00 feet;
Thence North 00°25'25" East, 57.00 feet to the REAL POINT OF BEGINNING.
Containing 2,508 square feet, more or less.
Prepared By:
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EXHIBIT "B"
MERIDIAN SEWER AND WATER
EASEMENT DESCRIPTION FOR
PROPOSED EDUCATION CAMPUS SUBDIVISION NO. 2
A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86
of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the
Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada
County Idaho, more particularly described as follows:
Commencing at the West 1/4 corner of said Section 32, from which the
Southwest corner of said Section 32 bears South 00°31'04" West, 2658.95 feet; Thence
along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet;
Thence departing said west boundary line South 89°38'40" East, 48.00 feet to a point
lying on the east right-of--way line of North Locust Grove Road, said point being the
Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along
said east right-of-way line North 00°31'04" East, 905.48 feet to a point intersecting the
southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right-
of-way line of said East Leigh Field Drive North 45°00'00" East, 49.95 feet; Thence
South 89°34'35" East, 10.64 feet; Thence 93.98 feet along the arc of anon-tangent
curve to the right, having a radius of 469.00 feet, a central angle of 11 °28'51 ", and a long
chord bearing South 83°50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a
non-tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 °28'54",
and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89°34'35"
East, 147.42 feet to the REAL POINT OF BEGINNING.
Thence continuing South 89°34'35" East, 32.00 feet;
Thence depaarting said southerly right-of-way line South 00°21'20" West, 61.01
feet;
Thence North 89°38'40" West, 12.00 feet;
Thence South 00°21'20" West, 196.21 feet;
Thence North 89°38'40" West, 20.00 feet;
Thence North 00°21'20" East, 257.25 feet to the REAL POINT OF BEGINNING.
Containing 5,877 square feet, more or less.
Prepared By:
Idaho Survey..~ro,~ P.C.
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March 6, 2009
EXHIBIT "C"
MERIDIAN SEWER AND WATER
EASEMENT DESCRIPTION FOR
PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2
A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86
of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the
Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada
County Idaho, more particularly described as follows:
Commencing at the West 1/4 corner of said Section 32, from which the
Southwest corner of said Section 32 bears South 00°31'04" West, 2658.95 feet; Thence
along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet;
Thence departing said west boundary line South 89°38'40" East, 48.00 feet to a point
lying on the east right-of-way line of North Locust Grove Road, said point being the
Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along
said east right-of-way line North 00°31'04" East, 905.48 feet to a point intersecting the
southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right-
of-way line of said East Leigh Field Drive North 45°00'00" East, 49.95 feet; Thence
South 89°34'35" East, 10.64 feet; Thence 93.98 feet along the arc of anon-tangent
curve to the right, having a radius of 469.00 feet, a central angle of 11 °28'51 ", and a long
chord bearing South 83°50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a
non-tangent curve to the left, having a radius of 530.50 feet, a central angle of 11°28'54",
and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89°34'35"
East, 623.78 feet; Thence 287.93 feet along the arc of a curve to the right, having a
radius of 274.50 feet, a central angle of 60°05'56", and a long chord bearing South
59°31'37" East, 274.91 feet; Thence South 29°28'40" East, 141.52 feet to the REAL
POINT OF BEGINNING.
Thence continuing South 29°28'40" East, 32.00 feet;
Thence departing said southerly right-of way line South 60°31'20" West, 52.00
feet;
Thence North 29°28'40" West, 32.00 feet;
Thence North 60°31'20" East, 52.00 feet to the REAL POINT OF BEGINNING.
Containing 1,664 square feet, more or less.
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Prepared By:
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REAL POINT OF BEGINNING REAL POINT OF SCALE: 1" = 200'
EXHIBIT A ~~ BEGINNING EXHIBIT B
S 89'34'35" E 623.78' N
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BLOCK 1
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S 89'38'40" E
48.00'
1661.84' _- -_i
S.31 S.32 T.4N. R.1 E.
E. USTICK ROAD
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-- -- I-- -- -- -- --J o
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LINE TA BLE
LINE LENGTH BEARING
L1 10.64 S 89'34'35" E
L2 11.10 S 89'34'35" E
L3 44.00 S 89'34'35" E
L4 57.00 S 00'25'25" W
L5 44.00 N 89'34'35" W
l6 57.00 N 00'25'25" E
L7 147.42 S 89'34'35" E
L8 32.00 S 89'34'35" E
L9 61.01 S 00'21'20" W
L70 12.00 N 89'38'40" W
L11 196.21 S 00'21'20" W
L12 20.00 N 89'38'40" W
L13 257.25 N 00'21'20" E
L14 32.00 S 29'28'40" E
L15 52.00 S 60'31'20" W
L16 32.00 N 29'28'40" W
L17 52.00 N 60'.31'20" E
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CURVE TABLE
Curve Radius Length Chord Dist. hor rg. Delta
C1 469.00 93.98 93.82 S 83'50'09" E 11'28'51"
C2 530.50 106.31 106.13 S 83'50'09" E 11'28'54"
C3 274.50 28 ` .~ 274.91 S 59'31'37" E 60'05'56"
IDAHO
1450 E. WATERTOWER ST
SURVEY MERIDIAN, IDAHO 83842
GROUP P C - 1208) 846-8570
EXHIBIT "D"
MERIDIAN CITY SEWER & WATER EASEMENTS os~BO2~~o1
PROPOSED EDUCATION CAMPUS SUBDIVISION N0. 2 SHEET No.
PORTIONS OF THEN 1/2 OF THE SW 1/4 SEC. 32, 1 OF 1
T.4N., R.1E., B.M., DWG. DATE
CITY OF MERIDIAN, ADA CO., IDAHO 02-11-09
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Meridian City Council
May 5, 2009
Page 2 of 10
Rountree: You probably don't have one of these new ones, so there you go.
Duron: I don't have a cool one.
Item 4: Adoption of the Agenda:
Rountree: Cool one. Good for you. Thank you. Next item on the agenda is the
adoption of the agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: On the agenda -- let's see. On the Consent Agenda, Item F, the resolution
number is 09-662. Item G, the resolution number is 08-663. And there are no other
requested changes to the Consent Agenda. On the regular agenda we have had a
request to vacate Item 6-B-1. The Parks Department discussion will not be on the
regular agenda. And with that I move that we adopt the agenda as amended.
Hoaglun: Second.
Rountree: It's been moved and seconded to adopt the agenda. All those in favor?
Opposed same sign? Motion passes.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of March 10, 2009 Pre-Council Meeting:
B. Approve Minutes of April 21, 2009 City Council Special Meeting
Workshop:
C. Findings of Fact and Conclusions of Law for Denial: VAR 09-
001 Request for Variance to allow 1 right-in/right-out access point
to State Highway 20/26 and to reduce ITD right-of-way adjacent to
Chinden Boulevard from 100 feet to 70 feet for Knighthill Center
by James Wylie - SWC of W. Chinden Boulevard and N. Linder
Road:
D. Change Order No. 1 with Paul Construction for Settler's Village
S uare Phase 1 for $5,484.76:
E. Sanitary Sewer and Water Main Easement Agreement for
Education Campus #2 by Meridian Joint District No. 2:
v
Meridian City Council
May 5, 2009
Page 3 of 10
F. Resolution No. CPA 09-001 Request for
a Comprehensive Plan Amendment to change the text of the
Comprehensive Plan incorporating the Pathways Master Plan for
Pathwavs Master Plan Text Amendment by City of Meridian
Planning Department:
G. Resolution No. :CPA 09-002 Request for
a Comprehensive Plan Amendment to change the text of the
Comprehensive Plan to include Linder Road overpass and
associated pathways for Linder Road Overpass / Pathwav Text
Amendment by City of Meridian Planning Department:
H. Initial Point Gallery Acceptance Aareement• Refinerii:
I. Interface Aaencv Agreement with Ada County for County
Computerized Records:
J. Request to Rescind Previously Approved ACHD Chanae
Orders 3, 5 & 7 in the Amount of $12 729 50 and Approve City
of Meridian Change Order No 1 for $8,332.00 for Main Street /
Meridian Road -Split Corridor Phase 1:
K. Memorandum of Understanding with Meridian HUB LLC for
Idaho Power Easement in Centennial Park:
L. Approve 2010 Renewal of Beer and Wine License for Costa
Vida Restaurant located at 3340 N. Eagle Rd. Meridian, Idaho.
Rountree: The next item is the Consent Agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: As noted, Item F is Resolution 09-662. Item G is Resolution 09-663. And
with that I move we adopt the Consent Agenda and authorize the Mayor to sign and the
Clerk to attest.
Hoaglun: Second.
Rountree: It's been moved and seconded to adopt the Consent Agenda. Roll call vote,
please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
May 5, 2009
Page 4 of 10
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Planning Department:
1. Recommended Use of Idaho Power Donated Money
Rountree: Next item, Item 6, Department Reports. Planning Department.
Canning: Thank you, sir. And I'm going to do just a really quick recap of last week and,
then, eat a little crow and, then, we will move forward. So, this discussion was about
the 100,000 dollar check that we had in the General Fund from the Idaho Power for
initiating Leadership in Energy and Environmental Design in the construction of City
Hall. And in determining some projects to re-invest that money into, I looked at -- the
criteria I looked at were related to the goals of energy conservation or sustainable
community. Investment in the community of Meridian. Projects or programs that were
visible to the public and priority given to projects that might not be eligible for energy
block grant funding, which you had a detailed presentation last week on that. The three
projects I proposed were the McFadden Co-op Farmers Market, which is outside this
evening. That was nice to see. Public art with green theme. And, then, a green
business scholarship fund. Council had not received many details on this and they had
asked for a memo outlining the details, so I presented that -- or provided that to you last
week. And, again, I apologize for not getting that to you sooner. And in preparing for
tonight I noticed that I had put the comment in red that I was looking for Council
approval on proposal to spend those funds and I really overstated what I was looking for
last week. I think, really, what I was looking for was a general nod from Council that
those projects were worth at least considering and getting -- gathering more details on.
So, that should have been how I presented it to you last week. It was not. I think
because I had assigned numbers to it, it seemed a lot more formal than it was -- than
was intending. So, that's where we are tonight. I think at this point the best process is
to -- if you -- I know some of you have projects that you'd like to add to the list, so I'd like
to get whatever information you can provide on those and that we have further
discussion on all these items at a future date and what I really need from you all at this
point is probably what information do you want on these before you will be ready to
make a decision. What kind of details do you -- like, for instance, the budget that you
got from McFadden Market, is that enough? Do you want more? I have more details
on alt those projects. And I think in particular the jobs project is worth having them
come in and do a presentation, because I know they have thought about it more and
have been talking to the Mayor more about some partnership opportunities on that one.
So, that one's certainly worth greater discussion led by somebody who knows the
details far better than I at this point. So, that's what I would recommend and ask that
you give me comments related to those. There is no real rush on these. We do need to
come up with a plan before the end of fiscal year '09, so that we can roll those funds
over if they are not spent within fiscal year'09. And with that I'll open it up to Council.