Sanitary Sewer Easement with Kimball Properties Limited Partnerships and Idaho Banking Company for Bonito Subdivision
ADA COUNTY RECORDER J. OAVID NAVARRO
BOISE IDAHO 11/17/03 09:52 AM
OEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
SANITARY SEWER EASEMENT
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103193116
THIS INDENTURE, made thisY" day ofCbf-. , 2003, between Kimball Properties Limited Partnership, an
Idaho limited partnership, and Idaho Banking Company, an Idaho corporation, the parties of the 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 right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline 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 a sewer line over and across the
following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line
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 perfonning 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
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 far 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 ofthe 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
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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 ofland, 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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTORS:
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GRANTEE: CITY OF MERIDIAN
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STATE OF IDAHO)
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On this 2~ day of Cbto ber- , 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball
Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within
instrument on beha~øtiMl!ò'li\iWll.ership and that said partnership executed the same.
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On this2a-f81 day of Cbrobe.r-- ,2003 before me, the undersigned, a Notary Public in and for
said State, personally appeared M,i Ut.W ~ lo~ /15+0" , known or identified to me to be the
Cf;.6 ofIdaho Banking Company, and he duly acknowledged to me that he executed
the within instrun¡.;nIBn.þ'~~:lf of said corporation and that said corporation executed the same.
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On this~day of /fov twL-bv¡ ,2003, before me, the undersigned, a Notary Public in and
for said State, personally appeared ROBERT D. CORRIE 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.
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SANIT AR Y SEWER EASEMENT AND WATER MAIN EASEMENT
A sanitary sewer and water main easement located in the East Yo of Section 20, Township
3 North, Range I East, Boise Meridian, Ada County, Said easement crosses portions of
Lot I and Lot 2, Block 4 of the Bonito Subdivision, recorded as instrument number
103142839 in the office of the Ada County Recorder on August 22, 2003, in Book 86 of
Plats at pages 9783 through 9788, Said easement is more particularly described as
follows:
Commencing at the northwest comer of said Lot 2 thence, along the northern boundary of
Lot 2 South 73°24'00" East 77,08 feet to the POINT OF BEGINNING; thence,
South 16°32'37" West 55.37 feet; thence,
South 73°27'23" East 87.44 feet; thence,
South 16°32'37" West 5,00 feet; thence,
South 73°27'23" East 10.00 feet; thence,
North 16°32'37" East 5,00 feet; thence,
South 73°27'23" East 19,70 feet; thence,
North 16°32'37" East 20,00 feet; thence,
North 73°27'23" West 82,07 feet; thence,
North 17°17'37" East 35.34' feet to a point on the northern boundary of said Lot 2;
thence, along said northern boundary
North 73°24'00" West 3553 feet to the POINT OF BEGINNING.
Said parcel contains approximately 3,641 feet, more or less, and is subject to all existing
easements of record or use.
EXHIBIT A
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'SANITARY SEWER AND WATER MAIN EASEMENT
AFFECTING BONITO SUBDIVISION, LOTS 1 & 2, BLOCK 4
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LOT 2
LINE TABLE
LINE LENGTH BEARING
L1 5.00 S16'32'37"W
L2 10,00 . S73"27'23"E
L3 5.00 N16'32'37"E
L4 19.70 S73"27'23"E
L5 20,00 N16'32'37"E
L7 35,53 N73'24'OO"W
GRAPHIC SCALE
0 15' 30'
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LEGEND
SANITARY SEWER
DOMESTIC WA TER
RIGHT-OF-WAY
PROPERTY. BOUNDARY
-- - - - -EASEMENT BOUNDARY
1 INCH = 30'
EXHIBIT B
Meridian City Couneii
November 5, 2003
Page 4 of 76
J.
L.
M.
N,
F,
Non-Development Agreement: AZ 02-028 Cedar SprinQS North
Subdivision for Lot 18 Block 13:
G.
Water Main Easement for Idaho BankinQ Companv:
H.
Sewer Main Easement for Idaho BankinQ Company:
I.
Streetlight Agreement for Cobblefield CrossinQ No.1:
Streetlight Agreement for Baldwin Park No, 3:
Lease for Fire Safe House between the Meridian Fire
Department and the Meridian Rural Fire Protection District and
Joint School District No.2:
Public Pedestrian Easement along Ridenbaugh Canal for §
Dorado Business Campus:
Approve Bills:
De Weerd: Item Number 3 is the Consenl Agenda,
Bird: Madam President?
De Weerd: Mr, Bird,
Bird: I would move that we approve lhe Consent Agenda with one exception. Item
Number K needs to be moved t05-K on the Regular Agenda, because there are some
questions we have got to -- need answered on that. I believe our Parks Department is -
- I thought -- yes. She's here, so -- we move that to 5-K and that the Council President
sign and the Clerk attest to all proper papers,
De Weerd: Okay, Do I have a second?
Nary: Second,
De Weerd: Okay, It's been moved and seconded to approve the Consent Agenda, with
the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K.
Bird: 5-K.
De Weerd: And ask the Council President to sign and Clerk altest. Mr. Clerk, will you
call roll.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye,
Meridian City Council
November 5,2003
Page 5 of 76
MOTION CARRIED: ALL AYES
Item 4.
Department Reports
A.
Meridian Police Department:
1,
Discussion of Officer Ballistic Vests:
De Weerd: Okay, Four. Departmenl reports, We start with the Meridian Police
Department. Chief Musser,
Musser: Madam President, Members of the Council, I know there has been some
questions as to what the status of the Meridian Police Department is in regards to the
ballistic vests that have been in the news as of late. Part of the reason I'm here this
evening is jusl to go ahead and update you on that. The Department's really in pretty
good shape in regards to that. We only have four of our officers thai are affected by the
Second Chance Ultimate Vests that are in question right now. One of the things I
wanted to let you be aware of is that will probably be a replacement issue for the
department in this budget, looking at the approximately to 2,520 dollars to do ,that
replacement, so we can immediately get them out of service, I believe we can probably
do it within our current budget. However, if we do go long in uniform and equipment,
that would probably be the main reason why and I just wanted you to be aware of that
and I'll stand for any questions if any of the members have any questions on the issue.
De Weerd: Council, any queslions?
Bird: I have none, Thank you,
De Weerd: No. Thank you, Chief,
Musser: Thank you.
B,
Anna Powell - Report
De Weerd: Okay. Anna, we'll move on to Item B.
Powell: Madam President, Members of the Council, I'm sorry to barge my way onto the
department reports, again, and not make the agenda, Yet, again, I met with Ada
County staff and was kind of thrown a curve ball regarding the adoption of our
Comprehensive Plan, so I wanted to give you an update. We -- last week we discussed
lhe issues of the definilion of rural area and the adoption of the -- or withholding Building
Permits until they are able to take care of lhe park plan fees and I think we got those
issues resolved. They have raised a new issue in the term rural area residential
development. They want more guidance from the City Council on exactly what that
term might mean and, specifically, I think we have narrowed it down 10 -- I'm pretty