Easement Agreement with The Melvin and Norma Schrammeck Trust for Redfeather Subdivision
EASEMENT AGREEMENT ,~
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THIS INDENTURE, made this !I day of , 20~between The Melvin R. and Noma. E ~'
Schrammeck Trust ,the parties of the first part, and hereinafter called the Grantors, and the City of ~ '
Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
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WITNESSETH:
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WHEREAS, the Grantors desire to provide a sanitary sewer and water right-of--way across 4 _
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the premises and property hereinafter particularly bounded and described; and o a
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WHEREAS, the sanitary sewer and water is to be provided for through an underground ~ O = O
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pipeline to be constructed and paid for by others; and W
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WHEREAS, the Grantors and Grantee agree that the installation of the sewer and water lines HSao~C.~
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must be constructed at the same time so that the Grantors tenant will not be interrupted by ~.
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construction more than one time; and d Q W W d ~L:
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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, 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 and water lines 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures 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
Easement Agreement Page 1 EASMT-SWR-Schrammeck
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: The Melvin R. and Noma E. Schrammeck Trust
Joy A. Moore, Trustee
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Trustee
STATE OF IDAHO )
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County of Ada )
On this l ~ day of , 20 0 3, before me, the undersigned, a Notary
Public in and for said State, persona ly appeared Jov A. Moore ,known or identified to
me to be the trustee of the Melvin R. and Noma E. Schramrneck Trust that executed the
within instrument, and acknowledged to me that such trust executed the same.
IN WITNESS WHEREOF, I have hereunto set
and year~~jreh~b~~ written.
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GRANTEE: CIr
Mayor
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by William G. Berg,
Approved By City Council On:
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and affixed my official seal the day
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Easement Agreement Page 2 EASMT-SWR- chrammgck
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STATE OF IDAHO, )
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County of Ada )
On this 6f~ day of r ~ , 200 ~, before me, the
undersigned, a Notary Public in and forsai State, {~ersonaAy appeared TAMMX 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 ray
official seal the day and year first above written.
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{SEAL) ~``w,~:•'••~N~~~''rrJ.~'•~ TA Y PUBLIC FOR IDAHO
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TEALEY'S LAND
SURVEYING
Project No.: 2442
Date: June 20, 2003
2501 Bogus Basin Rd. • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
EXHIBIT A
DESCRIPTION
OF
CITY OF MERIDIAN SEWER EASEMENT
FOR REDFEATHER SUB
FROM SCHRAMMECK TRUST
A parcel of land situated in the NW 1/4 of Section 4, T.3N., R.1 E., B.M., Ada County,
Idaho and more particularly described as follows:
COMMENCING at a brass cap marking the Northwest corner of said Section 4;
thence along the West line of said Section 4
South 00°36'11" West x'724.77 feet to a point on the extended Northerly line of the
parcel of land described in Instrument No. 912958; thence along said extended Northerly
line and the Northerly line of said parcel of land described in Instrument No. 912958
South 53°03'49" East 86.89 feet to a point on the East right-of-way line of North
Eagle Road; thence along said East right-of-way line
South 00°36'11" West 41.39 feet to the POINT OF BEGINNING; thence leaving said
East right-of-way line
North 69°01'02" East 39.35 feet to a point on said Northerly parcel line; thence along
said Northerly Parcel line
South 53°03'49" East 35.41 feet to a point; thence leaving said Northerly parcel line
South 69°01'02" West 70.03 feet to a point on said East right-of-way line; thence
~i::;;y said East right-of-way line
North 00°36'11" East 32.26 ~:;~t to the POINT OF BEGINNING.
2442-Shrammeck-Sewer-Ease.doc - dnm
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Meridian City Council
April 6, 2004
Page 3 of 68
anything else you wanted to add?
Wood: We appreciate the opportunity and just thank you for honoring these young men
and these young ladies and some of them that are just a little bit older, we are grateful,
we are happy to be a part of the City of Meridian and to be smack in the downtown
section. You continue to do a great job of making this a wonderful place to live and we
appreciate being here. So, thanks again for this opportunity.
Nary: Thank you.
Bird: Thank you for your representation of us.
Item 5: Adoption of the Agenda:
De Weerd: What a great way to start a meeting off. Okay. We have item number five,
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the agenda as published.
Rountree: I'll second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as published.
There was an a-mail to defer one of the items --
Bird: On Redfeather.
De Weerd: On what? Redfeather.
Bird: But that's on Consent, which I thought we'd take care of there at that point, if that's
okay with you, Madam Mayor.
De Weerd: Okay. Yes. Okay. All those in favor of adopting the agenda as presented
say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Consent Agenda:
A. Approve minutes of February 24, 2004 City Council Regular
Meeting:
B. Approve minutes of March 9, 2004 City Council Regular Meeting:
Meridian City Council
April 6, 20Q~
Page 4 of 63
C.- Approve minutes of March 16, 2004 City Council Regular Meeting:
D. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for ApprovaB: AZ 03-022 Request for
annexation and zoning of 5 acres from RT to C-G zones for Kissler
(Deals Parcels by BRS Architects -southeast corner of East Ustick
Road and North Eagle Road:
E. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: AZ 03-021 Request for
reconsideration for annexation and zoning of 114.52 acres from
RUT to R-8 (PD) and C-G zones for proposed Redfeather Estates
Subdivision No. 2 by Packard Estates Development, LLC -south
of East Ustick Road and east of North Eagle Road:
F. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: PP 03-024 Request for
reconsideration for revised Preliminary Plat approval of 302 building
lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone
for proposed Redfeather Estates Subdivision No. 2 by Packard
Estates Development, LLC -south of East Ustick Road and east of
North Eagle Road:
G. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: CUP 03-041 Request for
reconsideration for revised Conditional Use Permit for a Planned
Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, house sizes and increased block
lengths for proposed Redfeather Estates Subdivision No. 2 by
Packard Estates Development, LLC -south of East Ustick Road
and east of North Eagle Road:
H. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: PP 03-043 Request for
Preliminary Plat approval for 11 commercial building lots 1 common
lot on 15.8 acres in a C-G zone for Sparrowhawk Subdivision by
David Waldron -northeast corner of North Nola Road and East
Franklin Road:
I. Tabled from March 23, 2004: Findings of Fact and
Conclusions of Law for Approval: CUP 03-066 Request for a
Conditional Use Permit for a modification to the existing Conditional
Use Permit (Planned Development) for Sparrowhawk Subdivision
by David Waldron -northeast corner of North Nola Road and East
Franklin Road:
Meridian City Council
April 6, 2004
Page 5 of 68
~. ~ Tabled from March 23, 2004: Findings of Fact and
Gonclusions of Law for Approval: CUP 03-068 Request for a
Conditional Use Permit for professional office and retail use in a C-
Gzone as required by the Final Plat for Mallane Professional
Offices by Thomas R. Williams -south of North Hickory Way and
north of East Fairview Avenue:
K. Findings of Fact and Conclusions of Law for Approval: AZ 03-
035 Request for Annexation and Zoning of 70.64 acres from RUT
to R-8 zone for proposed Settlement Bridge Subdivision by
Capital Development - 2205 East McMillan Road:
L. Findings of Fact and Conclusions of Law for Approval: PP 03-
041 Request for Preliminary Plat Approval of 266 single-family
residential building lots and 34 common lots on 70.64 acres in a
proposed R-8 zone for proposed Settlement Bridge Subdivision
by Capital Development - 2205 East McMillan Road:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-065 Request for Conditional Use Permit for a Planned
Development to allow single family residential and attached single
family in a proposed R-8 zone for proposed Settlement Bridge
Subdivision by Capital Development - 2205 East McMillan Road:
N. Findings of Fact and Conclusions of Law for Denial: PP 03-
045 Request for Preliminary Plat approval of 18 building lots and 3
other lots on 5.7 acres in an L-O zone for proposed Roundtree
Subdivision by Rennison Engineering -north of West Pine
Avenue and east of North Linder Road:
O. Findings of Fact and Conclusions of Law for Denial: CUP 03-
069 Request for a Conditional Use Permit for a Planned
Development for 18 residential 4-plex buildings on one lot in a L-O
zone for proposed Roundtree Subdivision by Rennison
Engineering -north of West Pine Avenue and east of North Linder
Road:
P. Resolution No. -s_. Comauter Surplus
Resolution:
Q. Streetlight Agreement for Lochsa Falls #4:
R. Streetlight Agreement for Lochsa Falls #5:
S. Streetlight Agreement for Lochsa Falls #6:
Meridian City Council
April 6, 2004
Page 6 of 68
T. ~ Streetlight Agreement for Project 1:
U. Franklin Road Re-Build Project -Sewer and Water Ghange
Order Authorization:
V. Victory Road Construction Ghange Order for Irminger
Construction:
W. Victory Road Design Change Order for Civil Survey:
X. Well 20B Design Contract with CH2MHILL:
Y. Well #20B Oversight with Hydro Logic:
Z. Lift Station SCADA Installation with Custom Electric:
AA. Scoping Study - WWTP Backup Power Main Feed with DC
Engineering:
BB. Well 26 Design and Construction Services with Givil
Engineering:
CC. Well 26 Test Well Oversight with Hydro Logic:
DD. Well No. 15 Rehabilitation:
EE. Sanitary Sewer Main Easement for Victory 41, LLC
(Observation Point Lot 2 !Block 2:
FF. Sanitary Sewer Easement for Redfeather Subdivision by
Melvin R. and Norma E. Schrammeck Trust:
GG. Sanitary Sewer and Water Main Easement for Redfeather
Subdivision by Bart L. Bryson:
HH. Award of Bid -- Ashford Greens Lift Station Portable
Emergency Power System Procurement:
II. Installation of Security Enclosures for Test Wells with Hydro
Logic:
JJ. Update Proposal /Agreement for City of Meridian Program and
Space Needs Analysis:
KK. Tabled from March 23, 2004: Development Agreement: AZ
03-018 Request for annexation and zoning of 43.86 +/- acres from
Meridian City Council
April 6, 2004
Page 7 of 68
RT to C-G zones for Kissler / Cobbs / Eaay / Ruwe by BRS
Architects -southwest corner and southeast corner of North Eagle
Road and East Ustick Road:
LL. Development Agreement for R2 Development, Inc. Olsen and
Bush Industrial Park No. 2:
MM. Contract for Services between the City of Meridian and The
Hudson Company for Site Selection Process for City Hall:
NN. Approval to cash $500.00 deposit for a street tree at 1409 N.
Main Street:
00. Request to transfer funds in the amount of $13,000.00 from the
Lochsa Falls P.A.L. Soccer Account to Bear Creek Park
Account to complete sidewalks, service road, and irrigation
pump building:
PP. Beer, Wine, and Liauor License Renewals:
Kahootz Pub Bti Eatery - Beer ~ Wine
Winco Foods -Beer 8z Wine
Rite Aid -Beer & Wine
Johnny Carino's - Beer 8~ Liquor
Albertson's #164 - Beer ~ Wine
Albertson's #180 - Beer ~ Wine
QQ. Approve Bills:
De Weerd: Item number six is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, Items E, D and F, the Redfeather Estates would like to
be tabled to April 13th, 2004.
Rountree: E, F and G.
Bird: Yes. E, F and G. With that I would make a motion that we approve the Consent
Agenda as noticed and for the Mayor to sign and the clerk to attest on all proper papers.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Meridian City Council
April 6, 2004
Page 8 of 68
Nary: Oh. Second. I'm sorry. I'll second.
De Weerd: Okay.
Nary: And the resolution, Mr. Bird, is 04-427.
Bird: Okay.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended.
Any further discussion? Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayors Office:
1. Employee Awards for Service Program:
De Weerd: Okay. Item six is the department reports and it looks like I'm up. I will be
coming back with a program to you next week that's fully packaged, but I did want to
give you an overview of what you will be seeing next week and invite you to comment in
between now and then if you have any items. But in the past we have recognized our
employees with longevity and service to our community with a certificate at an annual
event. Last year that event didn't happen and we have been talking about how best to
recognize these years of service and we have a lot of long-time and long-term
employees that we feel would -- does merit -- and usually they are at the end of their
pay scale and usually do not participate in any increases. So, I do have a program that
will be coming in front of you next week and so you can take a look at that and vote on
them. But we will be recognizing, again, employees that serve at the five, ten, 15, 20
and 25 plus year milestones. And so I did want to let you know that that will be coming
forth as well.
2. Board of Appeals:
De Weerd: Item number two, Board of Appeals. You received in your packet that we
do have someone that is appealing a building permit and so I would like to appoint Gary
Smith as our Board of Appeals -- that he would be able to appoint that board -- have the
authority to appoint that board. We did give you a list of names. Those are those to be
considered, but not necessarily a hundred percent. We are kind of looking -taking a
look at the fire line as maybe getting a couple of other names, but at this point I would
like to at least grant the authority to our Public Works Director to appoint this board, so
we can proceed forward with the appeal.