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Release of Easement with Bittercreek, LLC for Sanitary Sewer and Water Main Easement Release BittercreekADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 BOISE IDAHO 09121/11 10:20 AM DEPUTY Bonnie Oberbillig III IIII IIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF Meridian Ciry i i 107597 CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 16, 2007 and recorded as Instrument Number 107033596 in the records of Ada County, State of Idaho, Bittercreek LLC granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer and water main easement for the construction, operation and maintenance of sanitary sewer and water main lines over and across the real property described in said instrument number, and WHEREAS, pursuant to a Nullification Agreement executed on June 16, 2011 and recorded as Instrument Number 111050751 in the records of Ada County, State of Idaho, Bittercreek LLC and the City of Meridian and other parties to the Nullification Agreement agreed to mutually release each other from any further obligation to build, construct, pay for, and/or maintain any sewer or water service line to the City of Meridian, and WHEREAS, because the City of Meridian has been released from its obligations with regard to the sewer and water service lines, it is appropriate that the City, as grantee, to release its interest in the easement set forth in Instrument Number 107033596 in the records of Ada County, State of Idaho. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY Q~' MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this day of September, 2011. CITY OF MERIDIAN By Ta d ATTEST ~,.. ~epcee ~c STATE OF IDAHO County of Ada ` ,t,44ii~ rJ, ~~ ~Y.?. ', ti - :~(iC0 'Q \~ } e f e eerd, Mayor ;... ,..,, ~ - man, City Jerk . -~~ ~~ ,r ; . ,~ ,~~ ~ . SS , On this~_ day of cS2p}2.M, 2011 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in tl~ ~~C~te first above written. •. (SEAL) ~ ~;~ O ``' ~ o ary Public fo daho .z ;x: ~W~ U ~~ Residing at: d, v~,~ lfl ~, '~;q. ~~ ~, . Commission expires: w~ L ~ ApA CpWRY RECORQ~1 J. DAYID NAY11RR0 AMQUNT .OD ~ LORE IDAHO G~At101 81:36 PM DEMI~iL Pallf Thompson III I'~~~~III~I'I'I'lII'II~I"I~ RE~COROED-REQUEST OF 1 g7~~3596 qty tl M~idi~n SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this .[~ day of , 2(~~,,.between Bittercreek LLC, the parties of the first art, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the P 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 D and C) 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 re lacement at the convenience of the Grantee, with the free right of access to such facilities P 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 makin re airs or performing other maintenance, Grantee shall restore the area of g p, the easement and adjacent property to that existent poor to under~~ng 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 Sanitary Sewer BCLLC City of Meridian THE GRANTORS hereby covenant and agree that they will not place or allow to be laced p 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. R: Bitterc eek LLC ame .ewe gang mem r STATE OF IDAHO } ss County of Ada } 0n this day of ~ , 2oC,~ before me, the undersigned, a No Public in and for said State, personally app ed James L. Jewett and, known or identified to me to be the Managing Member, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N WITNESS ~ a ~e hereunto set my hand and affixed m official seal the da . ,,, ,~ Y Y and year fist ~ip~' ~, .~- ~ • .~; o ~ . ., ~ ~~ • • ~ • ~ NOTARY PU IC FOR IDAHO • ' ~ ~ . '•,, ~i Residing at: • ~~ ~ ~~ •, •- ~ ~• Commission Expires: ~ ~` •,~S`~A~, •~. R~~r~~ GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement Sanitary Sewer BCLLC City of Meridian Pa `,~`i il~3 iii t. ~, I ~~ •~ Tammy de Weerd ayor ~ °~ ~- '~i, w ~ t1 .. .. .. 8~ 4 ':. 1 ~ .. .y ';r ; ... '% ` Attest b William G. Berg, City Clerk ~~ ~: ,.'~ Y , ~- r ~~~ , ,, ,_ ~'~i ~ ~ ~ ~ ~ ,: A roved B Ci Council On: ~ ~~ ~`~ '~ ~ ,~~~~'` pp y ~ ~+rr r~~L , cc~f~ ~~~ STATE OF IDAHO, } ss. County of Ada } • ~ ~ 1. G~ ~ ' , ~ ~~ ~, 20~' 1 before me the undersi ed, a Notary Public On this ~ da of ~ t , ~, ~ ______ Y 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. ~~ ~ ~~ ~ .~ ~ ~ • a ~~ ~,, (SEAL) ~~ ~'~ ~ ; NOTARY PUBLIC FOR IDAHO • ~ ~ . .. ~~ • Residing at: ,.~,~. ~ `~ ~~~i. .~: ~c ~ '~ ~ ~ Commission Expires: ,~ ~ , • ~~ `• • ~°~~ ~;1' ~• ~~ ~~~~ •rM• Sanitary Sewer and Water Main Easement Sanitary Sewer BCLLC City of Meridian '~7Re ARR~W land Surveying, Inc. .GPS, BOUNDARY, 1~OFOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING 3D G 1121 E. State Street • Suite 1/3 • Eagle, Idaho 8361b • office: 1-Zp8.939.1813 • fax:1 •Z~8.939.1~1 Job No. 06217 J.B.F. 2-14-07 LEGAL DESCRIlY['[ON FOR CITY OF MERIDIAN Sewer and Water Easement Exhibit "D" A Sewer Easement that is located in the North 1/2 of the Northwest 1/4 of Section 34, Tov~nship 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as• Commencing at the North Quarter corner of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and n~nning thence 589° 18' 18"E 1307.13 feet to the Northeast corner of the Northwest 1/4 of the Northeast 114 of said Section; the~~ce 500°38'53"W 1325.77 feet to the Southeast ca-raer of the Northwest 1/4 of the Northeast 114 of said Section; thence N89°21'00"W 312.00 feet along the South line of the Northwest 114 of the Northeast 1I4 of said Section to the terminus point of South Bittercreek Ave.; theme 500°38'53"W 89.22 feet to a point of curve; thence Southwesterly 347.97 feet along said curve to the right {Curve data: Radius~2~.00', Delta=99°41' 11', Chord Bearing and Distance= 550°29'28"W 305.71 feet}; thence N79°39'Sd'W 196.12 feet to a point of curve; thence Westerly 326.33 feet along said curve to the left (Curve data: Radius=500,00',Delta =37°23'41", Chord Bearing and Distance~S81°38' 13"W 320.57 feet) to a point of reverse curve; thence Westerly 192.78 feet along said curve to the right (Curve data: Radius=400.00', Delta~27°3d'50", Chord Bearing and Distance=S7d°44'48"W 190.92 feet); thence N89°2d'47"W 1217.28 feet; thence N00°(x'00"E 295.08 feet to a point of curve; thence Northerly 151.76 feet along said curve to the right (Curve data: Radius=1020.00', Delta~8°31'29", Chord Bearing and Dist~~ace=N04°15'45"E 151.62 feet); thence N76°10'41"W 25.10 feet to the Point of Begirming (said point also being a point on a curve}; thence Southerly 30.17 feet along said curve to the left (Curve data: Radius=1045.00', Delta=1 °39' 14", Chord Bearing and Distance=S7°49'29"W 30.17 feet); thence N7d° 10'41 "W 153.47 feet; thence N66°00'00"W 112.52 feet to a point on a curve; thence Nortlheasterly 31.52 feet along said curve to the Left (Curve data: Radius=50.00', Delta=36°07' 19", Chord Be~arring and Distance=N34°17'~"E 31.00 feet}; thence Sdd°00'00"E 107.12 feet; tb~ence S7d° 10'41 "E 144.79 feet to the pout of ~g• ~~ o~ ~~ ~~o ~~~ ~ ,~ o~~ ~~ ~ ~o~;v ~~~ ~~~ 0 tiw --- --..~-r-..r--r __~.__,-r . it I . . ~ f I I I I I ~ ~--_.r--- it x • • I L-ir.-,. ,..~ ~•~ . _.._.~~ r r -~ ~~ ' ( •~ l ~, . +,~ ~, ~ j ~ _-j ' ~ I I I I ....~ _.. _ .._ ._ ... 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Stop Stmt Suits 1/5 Eogi~, ldoho 83616 office: 1 •Z/0-939-7373 fix: l -~-~-~1 Job No. 06217 J.B.F. 2-14w0? LEGAL DESCRIPTTON FOR CITY OF MERIDIAN 50' Sewer and Water Easement Exhibit "C" A 50 foot Sewer and Water Easement that is 25 feet each side of the following centerline located in the North 1/2 of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada Counfiy,ldaho described as: Commencing at the North Q~ua~ter corner of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and running thence S89° 18' 18"E 1307.13 feet to the Northeast corner of the Northwest 1/4 of the Northeast 114 of said S~~ion; thence S00°38'53"W 1325.77 feet to the Sout~~east corner of the Northwest 1/4 of the Northeast 1 l4 of said Section; thence N89°21'00"W 312.00 feet along the South lip of the Northwest 114 of the Northeast 114 of said Section to the terminus point of South Bittercreek Ave. (said point being the Point of Beginuning}; thence S00°3$'53"W 89.22 feet to a int of curve; thence Southwesterly 347.97 feet along said curve to the right (Curve data: Radius~2~.00', Delta =99°41' 11', Chord Beanng and Distance= S50°29'28"W 305.71 feet); thence N79°39'S6'W 196.12 feat to a point of curve; thence We:~terly 326.33 feet along said curve to the left (Curve data: Radius=500.00', Delta=37°23'41 ",Chord Bearing and Distance=S81 °38' l 3"W 320.57 feet} to a point of reverse curve; thence Westerly 192.78 feet along said curve to the right (Curve data: Radius=-4.00', Delta=27°36' S0", Chord Bearing and Distance=S7b°44' 48"W 1 x.92 feet ; thence N89°26'47"W 1217.28 fcet; t~~nce NOO°o0'00"E 295.48 feet ~o a point of curve; thence Northerly 151.76 feet along said curve to the right (Curve data: Radius= 1020.00', Delta~08°31'29",Chord Bearing and Distance=N04° 15'45"E 151.62 feet) to a point of te~rtninus. y ~ ~ E I ~+a :te ~, ~~-.nr.~o~I xr~ ~esu-~+~ tom! t~z-~o .~O ~S +tar~r per ;ta ~ura~ ~ ~o-ri-s ~s sum ana ~ ~o~ 3unc aar~r ups ~ ~s~, ~M '9M.[&I~RS QM7 11~'IQl~~~' ,tea ,~D 1I~LI,~ ~ 'A~'8 ',T I '~ `N o E .L ~E ',S ~ N .~ c 0 I ~ ~. t~ •~t' /~ ~ ~ r .rte.. ~ :,r. ....wr~w~~~ ~ ~ .. -- _ _ ~ ~, N ~ ~ ~. '~ .. ._ ,~ .__ ..~!! ... - o ~ _ ~ ___ ._ __ ~ ~~, . ,. ~ ~ ~ ~ ., ,. .__.. ...~.. ~, . .. ~ ~ .. ~•~ o~~ ~ _. ..• ~ .. _, .__ _.. ~, ~~ . ~., .~ ~ __. ~~ -~ ..-- -- ~.o. _ . ~.," • ~ _ •, w.~ • I .. (~ .. --- w • • ~• ,~ ~ ~~ .~~ r.. i .+~.~ .. 11~ w ~~ ~ ~ ~~' ~ "n'r~ t • err • • ~ __, ._. ., ,.. i~ w~ .,r ~. ... ~. ... ~ tNeridisn (qty Coundl February 27, 2007 Page 4 of 99 Q. Permanent Sewer Easement Contract for Mason Creek Lift Station and Pipelines Project with Bittercreek, LLC and Charlofte and Hermis Sparks: P. Permanent Sanitary Sewer Easement Contract far Mason Creek Lift Station and Pipelines Project with 6ittercreek, LLC.: Q. A rove Black Cat Phase 3 Authorization for Additional pp Services No. 2 for Black Cat Trunk Sewer and Lift Station Protect with JUB En sneers for X15,000.00: R. Permanent and Temporary Easement Right-of-Way Contract for Black Cat Sewer Phase 4 with Aoratos, LLC, Evans Real Estate Investments, LLC, Strada Commercial, LLC, and Strada Bellissima Commercial Association, Inc.: S. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Protect with Aoratos, LLC: T. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Protect with Evans Real Estate investments, LLC: U. Permanent and Temporary Easement Con roc or ac a Trunk Ph se 4 Pro ect with Strada Beilissima Commercial Association, Inc.: V. Permanent and Temporary Easement Contract far Black Cat Trunk Phase 4 Protect with Strada ~ammercial~ LLC: W. Approve Building Lease Limited Partnership for Watertower Lane: Extension with William A. Hon Family general office space at 6fi0 East X. Approve Performance Contract with New Heritaoe Theatre Company: De Weerd: It®m 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. l ~ ~ Meridian city Cound! Febnaary 2T, 2007 Page 5 ~ 99 Bird; On the Consent Agenda, Item B, resolution, has been asked to be tabled to March 27th. And the rest of them would stay as is. I move that we approve the revised Consent and the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as revised. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree; absent; Zaremba, yea; Gorton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayors Office: 1. Appointments to the Arts Commission: De Weerd: Okay. Counsel, I gave you a group of resumes about a month ago on my suggestions for appoin#ments to the Arts Commission and they are as follows: Meg Glasgow, who is a business owner here in town and also an artist. Dwight Williams, an artist and a photographer. Sandra Cavanaugh, who is artistic director of New Heritage Theatre. David Stolhand, who is president of the Meridian symphony. Nancy Rountree, our citizen at large, and I did like how the Statesman put it, our enthusiast. And Fred Shaddick, who is a teacher at Mountain View High School in their theater arts. So, those would be my recommendations for appointm®nt as charter members of our newly formed Arts Commission. Zaremba: Madam Mayor? De Weerd: Yes., Mr. Zaremba. Zaremba: What is your choice? Do you wish us to vote on them individually or can we make a motion to vote on them as a group? De Weerd: If you don't have any issue with any of the individuals, I think it would suffice as a group appointment. Bird: Madam Mayor, I got one question on time limit. Is all of them on the same time or is it -- or have you got time limits. Of course, I don't care one way or the other. De Weerd: Yeah. Mr. Bird, we will be developing bylaws and a structure. That's one of the first tasks that this commission will have. So, they -- we have met informally just to kind of outline roles, expectations, interests and give them an opportunity to ask questions or perhaps even know what they are getting themselves into. So, those kind