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Sanitary Sewer and Water Main Easement with ST Investments, Inc. for Somerton Subdivision~t ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 6 BOISE IDAHO 04127!11 10:57 AM III I~II'll'll'lll'III'IIIIII'II'll III QEPUTY usa Batt RECORDEQ-REQUEST OF 111~34~55 Meridian City SANITARY SEWER AND 'WATER MAIN EASEMENT ' ~ da of 2011, between ST Investments, Inc., the parties THIS INDENTURE, made this - y ____ ' called the Grantors and the City of Meridian, Ada County, Idaho, the of the first part, and hereinafter art of the second part, and hereinafter called the Grantee; p y WITNESSETH: e Grantors desire to rovide a sanitary sewer and water mainright-of-way WHEREAS, th p remises and roe hereinafter particularly bounded and described; and across the p p p ~y he sanita sewer and water is to be provided for through underground WHEREAS, t ry i elines to be constructed by others; and pp AS it will be necessa to maintain and service said pipelines from time to time by WHERE i`Y the Grantee; THEREFORE in consideration of the benefits to be received by the Grantors, and NOW, ~ . other ood and valuable consideration, the Grantors do hereby give, grant and convey unto g Grantee the ri t-of wa for an easement for the operation and maintenance of sanitary the gh y sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereb anted is for the purpose of construction and operation of sanitary Y ~' rand water mains and their allied facilities, together with their maintenance, repair and sewe lacement at the convenience of the Grantee, with the free right of access to such facilities rep 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 orever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, t after maknn re airs or erforming other maintenance, Grantee shall restore the area of tha g p p he easement and ad' acent ro erty to that existent prior to undertaking such repairs and t ~ pp maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring an hin laced within the area described in this easement that was placed there in violation Yt g p of this easement. Somerton Business Park No. l Sanitary Sewer and Water Main Easement - ST Investments and a ee that the will not place or allow to be placed THE GRANTORS hereby covenant gr y , ees brush or erennial shrubs or flowers within the area any permanent structures, tr ~ p he • hich would interfere with the use of said easement, for t described for this easement, w purposes stated herein. venant and a ee with the Grantee that should any part of the THE GRANTORS hereby co gr . nt hereb anted shall become part of, or lie within the boundaries right-of way and easeme y gr' ' o such extent such ri t-of way and easement hereby granted of an ublic street, then, t ~ Yp ' uch bounda thereof or which is a part thereof, shall cease and become which lies within s ry void and of no further effect and shall be completely relinquished. null and hereb covenant with the Grantee that they are lawfully seized and THE GRANTORS do y rementioned and described tract of land, and that they have a good and possessed of the afo ' nve said easement and that they will warrant and forever defend the title lawful right to co y and uiet ossession thereof against the lawful claims of all persons whomsoever. q p S WHEREOF the said arties of the first part have hereunto subscribed their IN WITNES p signatures the day and year first herein above written. GRANTOR: ST INVESTME Steve Eddy, Presi 2151 N. Greenvie Eagle, ID 83616 STATE OF IDAHO ) ss County of Ada ) his da of , 2011, before me, the undersigned, a Notary Ont y , lic in and for said State ersonally appeared Steve Eddy, known or identified to me to be Pub ~ p the President of ST Investments, Inc., the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN W ESS WHEREOF, I have hereunto set my hand nd fixed my official seal the day ~~ bove written. 1. ~~~~~' ~' NOTARY PUBLIC FOR AHO ~~ ~ 1~ Residing at: ~~~~ ~ ~ Commission Ex Tres: ~1 ~ ~' •' p .• ~ ~~~, ~' r~ o~ ,,, Somerton Business Park No. l Sanitary Sewer and Water Main Easement - ST Investments 1 GRANTEE: CITY OF MERIDIAN ~~ e.. Tammy d erd, Mayor ~~~~~~~'~~~"`~'~s~:;,~ 0`~ ~~ ~~ ~• pfe~ I ~. C1 C' ~~~ :- .~ .. Attest b cee L. Holman, City Clerk , ~~~~ ,,, y = ~~~~ w ® ~~ ~ ~. .. ~ A~ +ne .r ~~77°° i Approved By City Council On: ,, /f~~J~191~k~ g1~~~~ry~4~ STATE OF IDAHO ) ss. County of Ada ) ' ~ of , 2011, before me, the undersigned, a Notary Public On this day ' for said State ersonall a eared Tammy de Weerd and Jaycee L. Holman, known tome in and , p Y pp d Ci Clerk res ectivel , of the City of Meridian, Idaho, and who executed to be the Mayor an ty p y ' hin instrument and acknowledged to me that the City of Meridian executed the same. the wit , HEREOF I have hereunto set my hand and affixed my official seal the day and IN WITNESS W , year first above written. (SEAL) i '~- ~' ~ ~,~; • ' ` • ~ r ~ ~ , r r ~ + r ~ + ~ • ~ a • 4 ~ • • ~ ~+ ~ q~~, ,- F '~•..... C ARY PU IC IDAHO Re iding at: ~~ ~ ~ ~ Commission Expires: ~i ~ ~..T.~ :~~1 - Somerton Business Park No. l Sanitary Sewer and Water Main Easement - ST Investments r . E, ~~~11"cl~ ~~, ~~~ ~ 1~E'~CRIPT~UN F(~R iV~l.:.iR~DIAI l C~T~' ~AI~ITARY SE~'V"E1~. ~ t ll(~MESTI+~ ~4'ATER EASEII'IENTS PROP+USED S(~i~ERT(~N B~JSNESS PARK ~I~B~-~VISC(~N N~.1 Casements located in the N`~ `/a c~f~ Sec~tic~n ?0, T. 3N,.1~.1 E., ~.iv1., ~leridiat~, Ac~a C'ou~~ty, rt~ahc~, more particularly describe as fc~llo~~~s; EASEMENT A An easement for Nleritlian ~'it~J sanitary se~uer facilities, more particularly dcscril~e~l as fallo~~~s~ ~'on~n~encne at the Northwest corne~• of said Sectola 20 fro~7~ which the hest '/~ ~ori~er cif saki ~' ~ ~ ., th QO°34' l l~" hest, ?~5~,~3 i'eet Thelace along, the north line of saki N~' `~~ cal' ~~,ct~on bea~~ Sou Se~;tion 20 South 8~°2'37" Last, 27~. 32 feet; ~l,hence South 00°07'23" 1~'est, ~0~,~~ feet. tc~ the REAL Po-~NT al" BEGlNN1NC~. Thcncc South ~ 1 °~t~'~~" fast,14,b4 eot; Tl~cnce South 00°01' 3Q'' West, 9,~i7 feet; ~l'hence North ~9°25'2" `~~est,1 b,1 ~ feet; Thcnce North 08~ 13'01 "' >/ast, l l ,72 feet to the REAL P+~~N'I' CAF ~3~',~ INNN~~~ C'ollt~zini~~c 1 ~~ Sh' more or less. EASEMENT An easement for iVlericlian Cityj sanitary se~~er facilities, more particularly clescribcd as follows ~ommencin~ at the Nortl~~vest c;urner c~fsaic~ Sect{~n ~0,1'rom wl~icl~ tile: `Vest'~~ corder of said Section bears Sol~th QO° ~~' 1 ~"West, 2Ga~,~3 l`eet; ~l~hence along the nar~h life ofsate N~~'~~ of Section ~~ South ~~°~?'37" Last, 541.()3 feet ~Iyhence South f1Q~07'23" ~e~t, 5.00 feet tt~ tl~e READ Pt}~NT ~~F BE+~INN~N+, Th~:nce South 00°1Q`01'' l~ast,1~,37 feet; thence South $~°~~5t~,, Vest, ?~.OQ (eet ~~1~'hence ~lortl~ Q0~10'()1'' ~~'est,17,~7 facet; 'l,henr~e Sol~tl~ ~~°~?'37" ~~lst, ?Q,Of) ~cc~t tc~ the REAL P~J~NT ~E ~E~~iNNING. ~;'untainin~,~ 3~$ S>~ ~n~re car less. EA-.'~MEN7' An easen~c~~~t fc~r Nie~~idaa~ pity dot~lestic ~~r~~ter f~~clities, ~~norc particularly descril~c~l a5 folloy~rs; C~ol~~mencin at file Northwest col•ner of~ sa~cl Section 2Q, from wl~ic;l~ the Vest '% corner o~~ s~itl Section dears South 00°3~' 1 ~" 'Vest, 2~~4,53 feet; Thence alc~~a~ the ~~ortl~ line of said NW '/~ cal` Section 20 Sc~e~th 8~°~?.37' bast. SUB.~~) feet; Thence Sol~tl100~07'23" ~~'est, 57,00 legit to tl~e REAL ~'t~~NT ~E ~3F1+~~NN~N. "Ixllence St~uth ~~~~5?'37"' 1"~~st, O.Ot~ feet; Thence South t~()°()7'~0" Vest, l'9.~0 foci; ~1~hence Sc~t~tl~ #~{)°S2'30'' Last, 2~.4~ feet;. 1009?? 1~09?~-ti~)lZIULAS1:,.l~OC' ' "~~henc;e ~c~t~th 1 ~°? 7' 3 ~" E~:st. 1$9,9 feet; lAhenc~e ~t~t~th 00°~U'U~`> i~?est; ~1~.77 (eet; Thence Nc~rt1~ 89°S~'3 ~'" '4~est, ~ 1 ~,() feet; '~lyhence sat~th {~a°~1'3~'' ~~est,1 ~~.~~ feet; Thence North ~~~°2~'~2"' Vest, ~,0~ feet; T1~ence Na~•th U~~ 1 ~'~ 1 "' East, O,ZS feet.; ~~'llence No~'th UO°07' ~()'' East, 9t~.~~} feet: Thc;nce N~r•th 89°~~' ~1`' West., ~().{){) feet:. Thrnc:e North ~~~OS'?9"'Cast, 2~.C10 feet; Thei~ee South ~9°~4' ~ 1" last, ~~,()~ feet; _~ Tllc~nce North ~~°{)~'~y"' Cast, l ~.S l feet '1~1~e~~ce South 89°~4' 31 " East. ~0.{~~ feet, ~1'hence Suutl~ ~~°{)~'2{)'' Vest, l 01,51 feet; Thence ~c~uth ~9°~~'~ ~" l~,ast, ~~~.{)~ feet; Tl1etlCe 1~lp~•tl1 {~~°{){)'{)()" East ~ ~ .?fl feet; 'Whence I`~orth ~ ~°27' 3 ~" t~est> 1.71.91 feet.; 'I`he~~c~e North ~9°~~'3~" 1~~est, 32.99 feet; Thence Nox•th ~~°{7'34" East., S,~t) feet Thence North S9°~2'3~" 1~es , 2C1,$~ feet; Thence Nc~r~h UO°p7'3~0"' East, ?C.12 feet; Thence South 89°52'3(1'' East, ~(),~~ feet; . ~, . .~ 3, ~ feet tc~ the RrAL Pt~l~T t~~' .~~~~i1w'1~1C~. C~"t~ntainan T1~cnc~ North U~ ~7 .~~ Cast,1~.~7 1 ?,25? SI= mo~•e or less, fl~p,~ LAND 55~ ~~ s r 4~ ~ O g ~~ r ~~ 2~oP~,.~~ ``~yq EL E . ~P ~~ ~ ~ 18 17 .~ ~ 19 2~ 274.32' ~ ~` i ~ w~ ~~ 2 ~ ~~ ~ I •~"~~ ~~ 0~ ~~ g , ~ ~~. oc ~,~ '31"E _ _ _ ~ ._ ____ r O~ 508 49'-~ 548.03' . OVERLAND R ~ I , MI 4 I S 00'07 23"W F GINNING n I 8 s sl ~ ~ M NT ~, 12 252 SF + - I ~ ~ i ' / L11 l4 ~ .~ 2~~ R P NT J ~. ~ ~' ~ _,,~ F INNIN o I ~ ,~/L6~~ ~, M NT L13 r ~ '' ~ '%~ 348 SF +/- ~~ 32.99 ~ ~ N 89'52'30"W ~'- I %%~ ~' T 2 I LOT 1 '~~ ~. ~O '~ ~~~ v~ I r ~~ I ~pi~ I S0~ ~ I o o. r~ .~. ,,,. ~, . osE ve N ~ , ~.~, w . SAN w .//~' ~~ _ ~ ~ -~ ~~ U i NT LEG N D . N EASEME E w ~' ° DOMESTIC WATER EASEMENT N ~ I SANITARY 5EWER EASEMENT CD N ~ ~ t~ i w 0 ° of (n M o ~I N I l10 ~;~ ~, ~o, WATER EASEMENT DETAIL N.T.S. w~ O ~ N O , ~Ir Q z ,,.I ,- : f ,. f ~ Ow h / ~ rg~ °o ;f~N _ 55.03 S 89'54'31 "E ~ ~' / ~ S 89'54'31 "E 265.00' r/~/, ~ °°, '',~~,' , ,,,,,.;,,~, , ,.~.. ~% _~ N 89'54'31 "IN 316.05' N 89'54'31 "W 40.00 ~ ~ I ~ r~ O E ~ ~ ~ ~~~ I~~~o RE P W ;'~ ~~ lJ I ~ '~ ~ R PINT 0 0 ~ ~I ~ I LINE BEARING NIN F ~ ° ' o~.~ l1 S00'10'01"E , ~~ A 164 SF +/- l z' S 81'46'59"E I ' L2 S 89'49'59" W " ' ' 14.64 L3 01 W 10 N 00 N 0$' 13'01 "E S 00'07'30"W L4 S 89'52'37" E ~ 11.72 L ~ 9.67 15 S 00'07'30" W N 89'25'42"W DIMENSIONS SHOWN AT THIS CORNER L6 L7 S 89'S2~30n E N 08' 13 Ol E 16.14 ~ ARE FOR SANITARY SEWER EASEMENT. SEE WATER EASEMENT DETAIL FOR WATER l8 N 005'29„ E IMENSIONS IN THIS AREA, EASEMENT D L9 N 00 05 29 E scA~E ~~=so' MERIDIAN CITY SANITARY SEWER & OWG.DATE o2/os/> > bkb WATER EASEMENTS PROD. N0. 1OO9Z4 PROPOSED SOMERTON BUSINESS PARK SUBDIVISION NO. 1 SHEET 1 OF 1 LOCATED IN THE NW t/4 OF SECTION 20 MERIDIAN, ADA COUNTY, IDAHO M. B 1 E R T 3N / 100924-MERIDEASE. DWG , . ., . . ., LINE TABLE DISTANCE LINE 17.37; l10 20.00 L11 11.47 L12 20.00' L13 19.80' L14 28.45' l15 0.25' L16 20.00' L17 10.51' l18 GEARING S 89'54'31" E S 00'05'29" W N 00'07'34" E N 89'52'30" w N 00'07'30" E S $9'52'30" E N 00'07'30" E S 89'52'37" E N 89'25'42" W DISTANCE 20.00 10.51' 5.00' 20.85' 26.12' 20.85' 8.67' 20.00' 4.04' ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 936-0980 Fox (208) 938-0941 Meridian City Council April 26, 2011 Page 2 of 27 just thank you, Lord, for your guidance. Ask, Lord, your wisdom upon this meeting tonight. Father, for those that are serving in the armed forces and away from their families, Father, an extra blessing on them that you will guide and direct them, Lord. Father, in all things we just look to you for our blessings, our strength, and we just glorify your son's name and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much for kicking us off evening. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just one item to note on tonight's agenda. Under Item 11, Ordinances, 11-A is ordinance number 11-1482. And with that, Madam Mayor, I move adoption of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Construction Agreement for Repair of Plaza Concrete Project with Haemker Construction for aNot-to-Exceed Amount of $8,617.00 B. Reclaimed Water User Agreement with ST Investments and User Manual Including Education Regarding the Requirements of the Citywide Reclaimed Water Permit C. Water and Sewer Line Easements for Somerton Subdivision D. Approve the Amended License Agreement with Nampa & Meridian Irrigation District to Change the Installation Location of a Reclaimed Waterline that Crosses the Five Mile Drain Which will be Installed as Part of the Ten Mile Road -Cherry Lane to Ustick Road Reclaimed Waterline Project E. Task Order #10229A for Professional Services (Related to the NW 8th Street -Broadway Avenue to W. Willowbrook Drive Meridian City Council April 26, 2011 Page 3 of 27 Sewer Line Rehabilitation Project) with Murray, Smith & Associates, Inc. for aNot-To-Exceed Amount of $63,800.00 per the Master Agreement Dated April 13, 2010 F. Award of IFB #WTR-11-10239 to Rush Truck Centers for a Dump Truck in the Not-To-Exceed amount of $80,843.00 and Authorizing the Purchasing Manager to Issue a Purchase Order. G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Sewer Line Replacement Project, Sites 4 - 8for aNot-To-Exceed Amount of $151,026.00 H. Personal Services Agreement between the City of Meridian and Jeanette Light to perform services for the City of Meridian Wellness Program. New Beer, Wine and Liquor License for McTime Coffeehouse Inc. dba It's All About You Catering (The Grotto) located at 112 E. Idaho Ave J. Approval of Beer, Wine Liquor License Renewals for 2011-2012 as follows: Pier 49 Pizza Maverik Store #233 Maverik Store #343 Legacy Feed and Fuel Ginos Italian Ristorante & Bar Whitewater Pizza & Pasta Don Diegos Shari's of Meridian #206 Bill & Lynns Place Jakers of Meridian Rick's Press Room Dickey's BBQ Pit Fusion Asian Grill White Water Saloon Rudys Pub & Grill De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? 4665 E. Overland Rd. 1605 Cherry Lane 1545 Overland Rd. 3100 S. Meridian Rd. 3015 W. McMillan Rd. #108 1510 N. Eagle Rd. 2951 E. Overland Rd. #190 895 S. Progress 229 W. Franklin Rd. 3268 E. Pine St. 130 E. Idaho Ave. 2845 E. Overland Rd. #150 3161 E. Fairview Ave. 1646 N. Meridian Rd. 2310 Overland Rd. De Weerd: Mr. Hoaglun. Meridian City Council April 26, 2011 Page 4 of 27 Hoaglun: There were no additions or changes to the Consent Agenda, so with that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. Continued from April 19, 2011: Presentation of the Environmental Excellence Award to Citi Cards by the City of Meridian and Public Works Employee Recognition De Weerd: Item 6 we have the opportunity to do a community presentation and I will tell you a little bit about our City of Meridian Environmental Excellence Award. This award is presented to a company that displays outstanding environmental efforts that greatly impact our city service, operations, and the general public. Several hundred companies in the City of Meridian are reviewed by our Public Works environmental wastewater pre- treatment staff to determine the award winner. Environmental practices, equipment, and technology are major selection criteria. At this time I would like to give some information about who we will be recognizing tonight. One award goes to Citi Cards and the other to Richard Briggs and they are Citi's facility management company and the reason is with the collaborative efforts that these two entities have in achieving significant results that result in cost savings and environmental stewardship, this award demonstrates Citi's innovative strategies in their workforce that provide a welcoming, comfortable workplace and work environment. In addition, they are sustaining significant cost efficiencies. And, Mollie, maybe you can tell us a little bit about what they are doing and, then, I will come down and help you present the award. Mangerich: Thank you. I would love that. Thank you, Madam Mayor and Council Members. Well, we have the pleasure of thinking and assessing Citi Card and Jones LaSalle Americas as year's Environmental Excellent Award winner to actual humble beginnings with Randy Elliott, who I'd like to give a nod to, our pre-treatment inspector -- De Weerd: Stand up. Mangerich: Thank you. He worked with their chief engineer Rich Briggs in determining that they needed a new grease interceptor, it was not equipped for the number of