HomeMy WebLinkAboutWater Main Easement with Van Auker, Ronald W. for Lanark Lane (2)ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/16/03 09:34 AM
DEPUTY Bonnie Oberbillig
McCd aDi?C REQUEST OF ~~~ ~~~I~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~I~
AMOUNT .00 i ~~~~~~~`~
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 EXI-BBIT 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 Easement 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 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.
On this _ ~2~ day of ~C~b~~ , 2001, befor me, the undersigned,
a Notary Public in and for said State, personally appeared G~~~f W r/ar~
~' -/ 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 hereurno set my hand and affixed my official seal
the da~~ xgar~bove written.
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Water Main Easement Page 2
STATE OF IDAHO )
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County of Ada )
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GRANTEE: CITY OF MERIDIAN A\\~,r~~~y OF (~~pt=.R/p~9'~~,~~!
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R ert D. Corrie, Mayor -_ ~~'~L
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Attest by William G. Berg, tty erk~ ~, i
Approved By City Council On: ~,J ~'^ ~A ~'~( ~ ~ 20 D ~j
Water Main Easement Page 3
EXHIBIT "A"
A water main easement located in the S W 1 /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 marking the SW corner of said SW1/4, thence
along the South line of said SW1/4 N89°59'58"W a distance of 2706.17 feet to a brass
cap monument marking the SE corner of said SW1/4, thence leaving said South line
N00°08' 17"E a distance of 40.01 feet to a 5/8 inch rebar, thence parallel with the South
line of said Section and along the northerly right-of--way line of Franklin Road
N89°59'58"W a distance of 1603.19 feet to a 5/8 inch rebar, thence leaving said right-of-
way and along the easterly right-of--way of Gaudians Avenue N06°07'24"W a distance of
643.28 feet to a point marking the POINT OF BEGINNING;
Thence continuing along said right-of--way N06°07'24"W a distance of 20.00 feet to a
point;
Thence leaving said right-of--way N83°51'29"E a distance of 134.03 feet to a point;
Thence N06°08' 31 "W a distance of 24.00 feet to a point;
Thence N83°51'29"E a distance of 27.00 feet to a point;
Thence S06°08'31"E a distance of 24.00 feet to a point;
Thence N83°51'29"E a distance of 11.23 feet to a point;
Thence S89°08' 14"E a distance of 176.80 feet to a point;
Thence N00°51'46"E a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 20.00 feet to a point;
Thence S00°51'46"W a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 274.91 feet to a point;
Thence N00°51'46"E a distance of 14.00 feet to a point;
Thence S89°08' 14"E a distance of 27.00 feet to a point;
Thence S00°51'46"W a distance of 14.00 feet to a point;
Thence S89°08' 14"E a distance of 68.71 feet to a point;
Thence N00°51'46"E a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 20.00 feet to a point;
Thence S00°51'46"W a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 202.00 feet to a point;
Thence N00°51'46"E a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 20.00 feet to a point;
Thence S00°51'46"W a distance of 20.00 feet to a point;
Thence S89°08' 14"E a distance of 136.43 feet to a point;
Thence S00°51'46"W a distance of 20.00 feet to a point;
Thence N89°08' 14"W a distance of 166.92 feet to a point;
Thence S00°51'46"W a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 27.00 feet to a point;
Thence N00°51'46"E a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 123.96 feet to a point;
Thence S00°51'46"W a distance of 70.00 feet to a point;
Thence N89°08' 14"W a distance of 20.00 feet to a point;
Thence N00°51'46"E a distance of 70.00 feet to a point;
Thence N89°08' 14"W a distance of 219.40 feet to a point;
Thence S00°51'46"W a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 27.00 feet to a point;
Thence N00°51'46"E a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 328.42 feet to a point;
Thence S00°51'46"W a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 27.00 feet to a point;
Thence N00°51'46"E a distance of 52.00 feet to a point;
Thence N89°08' 14"W a distance of 4.92 feet to a point;
Thence S83°51'29"W a distance of 171.05 feet to the POINT OF BEGINNING.
Said Easement contains 0.69 acres more or less and is subject tj 1 existing easements
and rights-of--ways of record or implied. ~
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Pinnacle Engineers, Inc. 208-887-7781
EXHIBIT "B"
-.s 3624 EVANS DRAIN `~~
-- -- -- -- __ __ __ __ -- I
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~ LANARK LANE (PRIVATE) N00~51'u'E
s00'sl'Y'w 20.00'
N6Sa1'20'E 1{.00' a9P0a'1{'E
~ 27.00' 90YOa'SI'E 3e0'Oa'i{'E eee'aMfs'[ 70.00' afM'Oe•i{'[
I Moe'orarw s~.0o' fa0'sl•Y•E ~' 77.00'
ffsasf'te'E zom• s0f-al•Ywr soo'al•Y'w to.00'
24.00' 11.73' 20.00' f100'al'Y'E 20.00' N00'al'YY 300'a1'M"W
/U3'~~~ 3M'09'1{'E 176!0' a9e'09'11'E 271.01' 1{.00' Oa.7/,•2 ~'~ f I
•1{ ap'09'I{'E laa.{a' ~.
~~---- _ - - --- ~te.a 1"M 1. ~1
__._ 171A9 a06'at'Y'1e N00'al'Y'E _._.J00'al'N1Y ~'-._. __._,,. ___...~._.._... R
92170' AA
NM'W'14"W 02.60• fMpOe'1{"W ~~• M0D'9i•Y _ N00'01'µ'2 SOOYiI'/CIY
~, Nee•09~4"W 27.00' 7D.Op' a2.00' 02.00' I
wr0a•u1Jr/ a07sYN1e N90.09•IP'W I
" ~~ GENERAL LEGEND ~~ >aew ~Aa 1
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G,"' - - BOUNDARY LINE
- I
ROADYAY CENTER UNE I
~ ~ "" -' - - ^'"" NEW WATER EASEMENT
3 _-
NEW SEWER EASEMENT
• +y I
~@ ROADN0IY RICHT-OF-WAY i
& ~ FOUND BRASS CAP
d FOUND 5/6' REBAR
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{2706.2s') RECORD DATA I
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~s s6u
N69•sa•s6~w T603.T9•
Bs
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17 1~ - - - - - - - N00'OQ'1TE 16
crec~ 9soou~s ~ FRANKLIN ROAD- 4o.ct'
of ~un~xs
N69's9.06"W z7~.T7• (2706.25') CP4F/ !309296
WATER MAfN EASEMENT
SCALE: 1 "=200'
DETAIL FILENAME: P I N N C LE DRAWN BY:
0006047_WTR-EASE. DWG DJT
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. Executive Dr., Suite 8, Beiab, Idoho 83713
MARCH 2001 (208) e67-77so
p.2
L J
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:
I. 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 -Ronald W. Van Auker:
Q. Water Easement, Lanark Lane -Ronald VY. ~/an 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. Bird.
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.