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HomeMy WebLinkAboutWater Main Easement with Van Auker, Ronald W. for Lanark LaneADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01!16103 09:34 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Mer~tlian Ciiy ~I~ ~~~~~~~~~~~~~~~~~~~I~~ AMOUNT .00 1~3E}~79~8 WATER MAIN EASEMENT THIS INDENTURE, made this ~~day of October, 2001 between Ronald W. Van Auker, 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; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 construction, operation, maintenance, repair, replacement of a water main 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 water line and their allied facilities, together with their maintenance, additional connection thereto, 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 unless relinquished as provided herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, 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 for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easeiment Page 1 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 boundazies 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 aze 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 WI~REOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. On this ~7-i-~ day of the{ , 2001, before me, the unders'ig~ned, a Notary Public in and for said State, personally appeared _~t>n~~ w Vin ~~r and ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day an~Ay~~,~st above written. ~' ]D --. ,;;~ °~ ~'~} o0 h ~~`{; °~,~ ®® ©®o~Q ~ ®~ ~~®0®0® C8~'FETB&6~4 Water Main Easement ~ •W ®~. ~~ ~ss.••~ ~~~ •s s OTAR PUBLIC FOR ID O Residing at ~ c( Commission Expires: 7-~/ - D Page 2 ss County of Ada ) GRANTEE: CITY OF MERIDIAN w o e .Come, Mayor Attest by William G. Berg, Ci Cle w ~ ~Fp .. - SEAL = '9 ~GC~ ~°'o~ O `.~ ' 9 .r:, <~~~f~~~ti~~ Approved By City Council On: ~G t~lvtq v~ ~ ~ 2 6 ~ ~ Water Main Easement Page 3 EXHIBIT "A" A water easement located in the SW1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument mazking the SW corner of said Section, thence S89°59'58"E a distance of 2706.17 feet to a brass cap monument marking the SE corner of said S W 1 /4, thence N00°08' 17"E a distance of 40.01 feet to a 5/8 inch rebaz, thence parallel with the South line of said Section N89°59'58"W a distance of 1603.19 feet to a point, thence leaving said right-of--way and along the easterly right-of-way of Gaudians Avenue the following courses, N06°07'24"W a distance of 852.09 feet to a point, thence along the arc of a curve to the left having a radius of 179.00 feet, an arc length of 86.59 feet, a central angle of 27°42'56", and a chord bearing N19°58'53"W a distance of 85.75 feet to POINT OF BEGINNING; Thence along the azc of a curve to the left having a radius of 179.00 feet, an arc length of 16.72 feet, a central angle of 05°21'05", and a chord bearing N36°30'54"W a distance of 16.71 feet to a 5/8 inch rebaz; Thence leaving said right-of--way N06°07'24"W a distance of 5.42 feet to a point; Thence N38°51'29"E a distance of 81.24 feet to a point; Thence S89°08' 10"E a distance of 471.30 feet to a point; Thence N00°51'50"E a distance of 10.04 feet to a point; Thence S89°08' 10"E a distance of 20.00 feet to a point; Thence S00°51'50"W a distance of 10.04 feet to a point; Thence S89°08' 10"E a distance of 374.09 feet to a point; Thence N00°51'50"E a distance of 10.04 feet to a point; Thence S89°08' 10"E a distance of 20.00 feet to a point; Thence S00°51'50"W a distance of 10.04 feet to a point; Thence S89°08' 10"E a distance of 168.69 feet to a point; Thence S00°52'24"W a distance of 20.00 feet to a point; Thence N89°08' 10"W a distance of 1044.32 feet to a point; Thence. S38°51'29"W a distance of 79.54 feet to the POINT OF BEGINNING. Said easement contains 0.53 acres more or less and is subject to all existing easements and rights-of--ways of record or implied. / 0006047_water_easement legal_053001pmg a ~'9 0 1 ~ o ~°~ 9q,~ rF of ~oPOO~~ 30 ADA COUNTY, IDAHO EVANS DRAIN Noo•s1'so"E 1o.oa' LS 3624 N00'S1'S0"E 10.04' 589'08'10"E 20.00' - - - _ _ 500'51'50"W 10.04' N38'S1'29"E 81.24' ~~~~~~~\~\~~~\~\~\~ 589'08'10"E 374.09' - N06'07'24"W 5.42' - ~ ~ N89'08'10"W 1044.32' $38'51'29"W 79,$4' WATER EASEMENT C2 '0'a' AREA = 23014 Tt=J C1 $89'08'10"E 20.00' 500'51'50"W 10.04' S89'OS' 10"E 168.69' 500'52'24"W 20.00' I I CURVE TABLE p NUMBER LENGTH RADIUS DELTA TANGENT CHORD CHORD BRG N ~ I C1 66.59 179.00 41.16 x5.75 " 4+ ~ C2 16.72 179.00 5'21'0 ' 8.37 16.71 N36'30'S4"W W ~? I f I - _~~ LANARK LANE (PRIVATE) - - - _ I ----- - z I I 9 ° GENERAL LEGEND ~ J d I 9 P - - BOUNDARY LINE I z~ Z C/I ~ - ROADWAY CENTER LINE OD I C N ~ - - - - - NEW WATER EASEMENT Cr1 O N I ~ ~ ROADWAY RIGHT-OF-WAY I pt W ~ FOUND BRASS CAP OD I ~ v P.O.6. POINT OF BEGINNING tD . I Q FOUND 5/8' REOAR 100 0 SO 100 2pp I (2706.25') RECORD DATA SCALE: 1'=200' N89'S9'S8"W 1603.19' 8 9 17 1~ - CP#F/ 99007475 LS 3624 4, FRANKLIN ROAD BASIS OF BEARING N89'S9'S8"W 2706.17' (2706.25') - I 9 Noo•oe'n"E 1s 40.01' CP6;f/ 8309296 NORTH WATER LINE EASEMENT SCALE: t" = 200' Meridian City Council Meeting January 7, 2003 Page 3 of 44 Development with 327 single-family dwellings, one elementary school, and 27 common lots for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 023 Request for annexation and zoning of 6.06 acres from RUT to R-8 zones for proposed Moshers Farm Subdivision by CMD, Inc. - 895 North Ten Mile Road: G. Findings of Fact and Conclusions of Law for Approval: PP 02- 021 Request for Preliminary Plat approval of 25 building lots, one existing residence and 8 other lots on 6.06 acres in a proposed R-8 zone for proposed Moshers Farm Subdivision by CMD, Inc. - 895 North Ten Mile Road: Sewer and Water Easement, Cooper Canyon Subdivision - Wildwood Development, LLC.: J. Water Main Easement, Silverstone Subdivision Cedar Point Building - Sundance Investments: K. Water Service Easement, Meridian High School -Joint School District No. 2: L. Water Service Easement, Locust Grove Elementary School - Joint School District No. 2: M. Sewer Easement, Lanark Lane -Ronald W. Van Auker: N. Water Easement, Lanark Lane - Ronafd ~~V: Van Auker: O. Water Easement, Lanark Lane -Ronald W. Van Auker: P. Contract for Services with AspireOn for a Career Development Training Program for the Human Resources Department: Q. Contract for Services, Storey Park Phase II - J.G.T Architecture: R. Contract for Services, Bear Creek Park Restrooms -Cole Associates Architects: S. Approve Bills: Corrie: Okay. Item 3 is the Consent Agenda. Mr. Bird. Meridian City Council Meeting January 7, 2003 Page 4 of 44 Bird: Mr. Mayor? Corrie: Mr.6ird. Bird: I would move that we approve the Consent Agenda with the changes of Item 5-D being changed to regular Item 5-D and Item H being moved to regular Item 5-H. With that I would move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been and seconded. Any further discussion? Hearing none roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. Do we have any reports from any of the departments at this point? Item 5. (Items Moved from Consent Agenda) D. Findings of Fact and Conclusions of Law for Approval: PP 02- 019 Request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Corrie: Okay. Thank you. Item Number 5 is items moved from the Consent Agenda. First is Item 5-D. This is a Findings of Facts and Conclusions of Law for approval, request for Preliminary Plat approval of 328 building lots, and 27 other lots on 119.83 acres in a proposed R-4 zone for proposed Havasu Creek Subdivision. At this time we will have staffs comments. Hawkins-Clark: Mr. Mayor, Members of the Council, there is a Position Statement that you should have received in your packets from Bruce Freckleton, the Public Works Department. He just has proposed two modifications to the condition on Page 4 about the Sanitary Sewer Service easement there. The first change is just to add a permanent Sanitary Sewer construction easement and, then, just a clarification on the direction, it should be south boundary, not the east boundary. That was the reason for the change there, just those two items.