Sanitary Sewer and Water Main Easement with WH Moore for Centerpointe Subdivision (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00
BOISE IDAHO 05!05!06 01:57 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIII'll'llll'IIIIIIIIII'IIII
Quadrant Consulting i ~~~~~~~ i
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made thi~ day o 20t~between ~~ ~~1`~~~ ,the
parties of the first part, and hereinafter called t e 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 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 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 EASMT SW.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:
President
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this day of ~~ 1 , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared 1A)11~S~v~ 1-~ . ~ [~nrf.~ and
known or identified to me to be the D~~ :a..~* ~„a F~~-i.
executed the within instrument, and
acknowledged to me that s~el~-s~e~e~rexecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist
Sanitary Sewer and
NOTARY PUBLIC FOR IDAHO
Residing at: ~tS~e ~ 1dQlnp
Commission Expires: ~ L - 13.2012.
EASMT SW.doc
GRANTEE: CITY OF MERIDIAN
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Tammy de erd, Mayor
Attest by William G. Berg, r., City Clerk
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
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On this~~ day of ,~,t,Q, , 2000, before me, the undersigned, a Notary Public
in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., 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.
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(SEAL)
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NOTARY PUBLIC FOR IDAHO
Residing at: 1ti1,~ ~ (~ c~-- ~c{
Commission Expires: I D~- l
Sanitary Sewer and Water Main Easement EASMT SW.doc
April 14, 2006
Page 1 of 2
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Consulting, Inc.
EXHIBIT "A"
SEWER MAIN, WATER MAIN, PUBLIC UTILITY AND PRESSURIZED
IRRIGATION EASEMENT
An easement for the construction and maintenance of a sewer main and water main
across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly
described as follows:
Commencing at the Southeast corner of said Section 32, thence along the South line of
said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13
feet; thence leaving said South line North 00° 15'21" East 59.96 feet to the North Right-
Of-Way line of said East Ustick Road; thence continuing North 00° 15'21" East 450.85
feet to the POINT OF BEGINNING; thence
North 00° 15'21" East 52.39 feet; thence
South 89°44'39" East 101.63 feet; thence
South 00°03'02" West 51.93 feet; thence
North 90°00'00" West 101.81 feet to the POINT OF BEGINNING.
Said easement contains 5,306 square feet or 0.12 acres more or less.
1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant@quadrant.cc
Civil Engineering Surveying Construction Management
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Meridian City Council
April 25, 2006
Page 3 of 43
Item 5: Consent Agenda:
A. Approve Minutes of April 11, 2006 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Approval: AZ 05-
056 Request for Annexation and Zoning of 6.08 acres from RUT to
TN-R and 4.07 acres from RUT to C-C zone for Harks Cannon
Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin
Road:
C. Findings of Fact and Conclusions of Law for Approval: PP 05-
058 Request for Preliminary Plat approval of 29 residential lots, 7
commercial lots and 7 common lots on 10.15 acres in proposed
TN-R and C-C zones for Harks Canyon Creek Subdivision JBS
Enterprises, LLC - 1845 West Franklin Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
05-051 Request for a Conditional Use Permit for amixed-use
development within 300' of a residence for Harks Cannon Creek
Subdivision JBS Enterprises, LLC - 1845 West Franklin Road:
E. Findings of Fact and Conclusions of Law for Approval: AZ 05-
061 Request for Annexation and Zoning of 9.55 acres from RUT to
C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road:
F. Resolution No. 06-515 Authorizing Donation of
Surplus Computer Equipment to Meridian Boys and Girls Club:
G. Resolution No. 06-516 Revising the Hiring and
Recruitment Policy (2-1-6) of the City of Meridian Police
Department Policy and Procedures Manual:
H. Resolution No. 06-517 Ratifying Council's Approval
of the Building Department Fee Changes for Re-Inspections;
Temporary Power Poles /Construction Services; Residential
Electrical Permits; and Hot Tubs, Swimming Pools and Other
Spas:
I. Water Main Easement Agreement for Marcon Office and Shop
with Martin Swigert, LLP:
J. Sanitary Sewer and Water Main Easement Agreement No. 1 for
Centerpointe Subdivision with WH Moore:
K. Sanitary Sewer and Water Main Easement Agreement No. 2 for
Centerpointe Subdivision with WH Moore:
Meridian City Council
April 25, 2006
Page 4 of 43
L. Water Main Easement Agreement No. 3 for Centerpointe
Subdivision with WH Moore:
M. Sanitary Sewer and Water Main Easement Agreement No. 4 for
Subdivision with WH Moore:
O. Award of Bid for Parkway Subdivision Pressure Irrigation
Interconnect to Mike Rice Construction:
P. Approve Beer. Wine. and Liauor License Renewals:
Albertson's #164 -Beer & Wine
Albertson's #180 -Beer & Wine
Andrade's -Beer & Liquor
Double D Home & Ranch -Beer & Wine
Epi's A Basque Restaurant -Beer & Wine
Fiesta Guadalajara -Beer & Liquor
Jack in the Box Quick Stuff -Beer & Wine
Johnny Carino's Country Italian -Beer & Liquor
Louie's Pizza & Italian Restaurant -Beer & Liquor
Red Robin -Beer & Liquor
Sa Wad Dee Thai Restaurant -Beer & Wine
St. Lukes Medical Center -Beer & Wine
Smokey Mountain Pizza & Pasta -Beer & Wine
Texas Roadhouse -Beer & Liquor
Tony Roma's -Beer & Liquor
Q. Temporary License Agreement with ACHD for Gateway Art
Project:
R. Contract Agreement for Consulting Services for a
Classification and Compensation Project to Provide
Professional Human Resources Consultative Services
between the City of Meridian and BDPA, Inc.:
De Weerd: Okay. Next item. Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we adopt the revised Consent Agenda with the deletion of Item N.
Rountree: Second.
Meridian City Council
April 25, 2006
Page 5 of 43
De Weerd: Okay. The motion is to approve the Consent Agenda with the change as
noted. Any discussion?
Bird: And the clerk to attest.
De Weerd: Is that Mayor to sign and Clerk to attest?
Wardle: That is for the Mayor to sign and the Clerk to attest. And Resolution No. 06-
515, 06-516, and 06-517, Item F, G and H.
De Weerd: Okay. Thank you, Mr. Wardle. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Fire Department -Ron Anderson
1. Budget Amendment for Regional Fire Act Grant to
Purchase 700mhz Vehicle Radios:
2. Budget Amendment for Fire Act Grant to Purchase
Handheld Radios, S.C.B.A, Fire Shelters and Fitness
Evaluation Equipment:
3. Budget Amendment for Idaho Fire Chief's License Plate
Grant used to Purchase Audio /Visual Equipment for
Fire Safety Center:
4. Budget Amendment for Homeland Security Grant to
Purchase Critical Infrastructure Protection; Security
Gates for Wastewater Treatment Plant, Night Vision
Goggles for Police Department and Lock Security
System for Fire Department Vehicles:
5. Budget Amendment for Full Time Public Education
Specialist:
De Weerd: Thanks. Item 6. Our Department Reports. We will start with Chief
Anderson with the Fire Department.
Anderson: Thank you, Madam Mayor and Council. What I have tonight is a request for
five budget amendments. We have been saving them up for you all year, so we could
hit you at once. Fortunately, four of these are for grants that we have received and a