Release of Easement with Sparks, Hermis and Charlotte and Bittercreek, LLC for Amity and BlackcatADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 09!21111 10.20 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIillllllllllllllllllllll III
RECORDED-REQUEST OF 11105'972
Meridian City
CITY OF MERIDIAN
RELEASE OF EASEMENT
WHEREAS, by easement dated February 16, 2007 and recorded as Instrument Number 107033597 in the
records of Ada County, State of Idaho, Bittercreek LLC and Charlotte and Hermis Sparks 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 107033597 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 OF MERIDIAN has caused these presents to be executed by its proper
officers thereunto duly authorized this Z0~`day of September, 2011.
CITY OF MERIDIAN
By
Ta y d
ATTEST
ee .
STATE OF IDAHO
County of Ada
eerd, Mayor
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On this~_ day of ~ep}enr-be~ , 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 ~ ~•certificate first above written.
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Residing at: 0.n 1
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 03/08!07 01:30 PM
DEPUTY Pattl Thompson
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
~ Clty of Merldtan 107033597
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this. ]~ day of , 20~between Bittercreek, LLC and
Charlotte and Hermis Sparks, the parties ofthe first part, and hereinafter called the Grantors, and
the City of Meridian, Ada County, Idaho, the party ofthe-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, inconsideration 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 EXHIBIT A)
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
BCLLC City of Meridian
Sanitary Sewer
Pagei,.~..rp~
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 azea
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 yeaz first herein above written.
;k, LLC
Jewett it , anaeine Member
Sparks
Charlotte Sparks
STATE OF IDAHO )
ss
County of Ada )
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On this 2° day of Feb,.,,,>,.,, , 2UgZ, before me, the undersigned, a Notary
Public in and for said State, personally ap ed James L. Jewett and, known or identified to
me to be the Managing Member of Bittercreek, LLC, and Chazlotte Sparks and Hermis
Spazks, respectively, of the corporation that executed the within instnunent, and
acknowledged to me that such corporation executed the same.
Sanitary Sewer and Water Main Easement
BCLLC City of Meridian
Sanitary Sewer
Page.~f \ U
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fis~'~RM~t.
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~-OTAR+, NOTARYPU LIC FOR IDAHO
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Residing at: /hQ,r•,'o(ian
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GRANTEE:
Tammy de
Attest by William G.
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this 2rrf da of _ ~~1 ti'1 ' `
y ~ l ~ C.~'1 , 200 f, 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)
Sanitary Sewer and Water Main Easement
BCLLC City of Meridian
NOTARY PUBLIC FOR IDAHO
Residing at: I"i1k. L~~.>o~ Jc{
Commission Expires: f G- 1 S- I I
Sanitary Sewer
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ARR~W
CPS, BOUNDARY,
TOPOGRAPFIIC ANDA.L.T.A.
SURVEYS
' . CONSTRUCTION STAKING
land Survevmg, ~Ilt. 3D SCANNING
1121 E. State Street Suite 198 Eagle,ldnho 83616 office: 1-298-939-7378 fax: 1-2®8-939-7321
Job No. 06217
J.B.F.
2-14-07
LEGAL DESCRIPTION
FOR
CITY OF MERIDIAN
50' Force Main Sewer and Water Easement
Exhibit "A"
A 50 foot Force Main Sewer and Water Easement that is 25 feet each side of the
following centerline located in the North 1!2 of the Northwest 1/4 of Section 34,
Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described
as:
Commencing at the Northwest comer of Section 34, Township 3 North, Range 1 West of
the Boise Meridian, Ada County, Idaho and ruruung thence S89°1716"E 1160.74 feet
along the North line of said Section to the Point of Beginning; thence S00°42'48"W
204.91 feet; thence N89°17' 12"W 310.00 feet; thence S00°42'48"W 403.55 feet to a
point of curve; thence Southeasterly 408.83 feet along said curve to the left (Curve data:
Radius=685.00', Delta=34°11'46", Chord Bearing and Distance=S16°23'05"E 402.79
feet); thence S33°28'24"E 126.61 feet to a point of curve; thence Southeasterly 146.42
feet along said curve to the left (Curve data; Radius=150.00', Delta=55°55'44", Chord
Bearing and Distance=S61°26'16"E 140.68 feet); thence S89°24'08"E 15.00 feet; thence
N00°35'52"E 25.00 feet to a point of terminus marking the center of a 50 foot radius to
be included in said easement area.
P8
BLACKCAT ROAD
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MerirJian Clry Coundl
February 27, 2007
Page 4 of 99
O. Permanent Sewer Easement Contract for Mason Creek .Lift
Station and Pipelines Project with Bittercreek, LLC and
Charlotte and Hermis Saarks:
P. Permanent Sanitary Sewer Easement Contract for Mason
Creek Lift Station and Pipelines Project with Bittercreek, LLC.:
Q. Approve Black Cat Phase 3 Authorization for Additional
Services No. 2 for Black Cat Trunk Sewer and Lift Station
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 Proiect with Aoratos, LLC:
T. Permanent and Temporary Easement Contract for
LLC:
U. Permanent and Temporary Easement Contract for Black Cat
V. Permanent and Temporary Easement Contract for Black Cat
Trunk Phase 4 Proiect with Strada Commercial, LLC:
W. Approve Building Lease Extension with William A. Hon Familv
Limited Partnership for general office space at 660 East
Watertower Lane:
X. Approve Performance Contract with New Heritage Theatre
Company
De Weerd: Item 5, Consent Agenda.
Bird: Madam MayorT
De Weerd: Mr. Bird.
Meridian Clty Coundl
February 27, 2007
Page 5 of 9B
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: Blyd, yea; Rountree; absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayors Office:
Appointments to the Arts Commission:
De Weerd: Okay. Counsel, I gave you a group of resumes about a month ago on my
suggestions for appointments 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 of 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 appointment 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