Sanitary Sewer and Water Main Easement with Stubblefield Development for Linder Crossing
AOA COUNTY RECORDER
J. DAVID NAVARRO
J;;'ISE, Ir,,\11Q
RECORDED-REQUE~. .
%~ FE¥EPUTY~
102123340
2nO2OC25 AMID: 12
MERIDIAN CITY
SANITARY SEWER AND WATER MAIN EASElVJENT
THIS INDENTURE, made this ¿,!!- day of~, 20~between~b"'./o..4""""'" ~vte.I........,-r;- 00.
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 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 :&om 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 sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied mcilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the:&ee right of access to such mcilities
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 furever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or perfurming 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
Page 1
EASMT.S&W.doc
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 interlère 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 efièct 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 detènd 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:
STATE OF IDAHO)
) ss
County of Ada )
On this t: ~ day of .5c¡n:¿mðU- , 20"~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~r,.Á.. ..srvbbkff...ld and
-'lð4 . known or identified to me to be the Pl't1siàent !II'Iè
vi.. /,~ï¡ 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 b to set my hand and affixed my official seal the day
.- CAR '.
..,~ (j. ... þ~~ year fist above written. ?L ((C?
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Sanitary Sewer and Water Main Easement
Page 2
EASMT.S&W.doc
GRANTEE: CITY OF MERIDIAN
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D. Còme, Mayor
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Attest by William G. Berg, ity erk:
Approved By City Council On:
Sanitary Sewer and Water Main Easement
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Page 3
EASMT.S&W.doc
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EXHIBIT "A" FOR
LINDER CROSSING
A ;gW:'::pO~ :~~1'4N8: rH:J:'.I'~ISO: =J::,12
CITY OP IIERIDIAN, ADA COUNTY, IDAHO
2002
2 1
11'12
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I . 1 ~ ""~4"~Of\~~~
I W G. CAR~~
-""I PARCEL A L
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:;:1
gl PARCEL B
(01
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01 I
U1: o.o.~
I S89'45'51"E '90.00'
I UJ~----~- -~¡;
I ',sW) s(e")-O>
0> 01°
I 90 ~~
-W(1 1/2");! If'! W(") wi'"' ~ ;-
1 _-bl~ --N89'45'5"'W 156.50'- 18
1 ~ - - - --r...:::r - - -0 U1
¿,. ^ POB 33.5
Ï<¡ 'f' - f N89'45':>,"W
~ I I T
~ I S89'45'51"E
N I 289.08'
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11 12
SOO"4'09"W
14.50'
50
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0 25 50
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100
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SCALE ," = 50'
LINDER CROSSING
DRAWN BY: DATE: REVISION
DJL 09-04-02 PINNACLE MARK DESCRIPTION DATE
DESIGNED BY: CHECKED BY: A! Sept. 6
JGC CRM Engineers, Inc. ~ City of Meridion 2002
SHEET: REF: \2'52 w. E"c"U~ Do.. S"it, a, a,l", Idaho I^
837\3
1 OF 1 (208) ee,- 776D
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EXHIBIT "A"
A utility easement located in a portion of Parcels A and B as shown on Record of Survey
Number 5878 and recorded as Instrument Number 102082997, and situated in the NWl/4
of the NW1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of
Meridian, Ada County, Idaho and more described as follows:
Commencing at a brass cap monument marking the NW comer of said NWl/4, thence
along the West line of said NWl/4 SOOOI6'05"W a distance of 286,94 feet to a 5/8 inch
rebar from which an aluminum cap monument marking the SW comer of said NW1/4
bears SOooI6'05"W a distance of 2361.93 feet, thence leaving said West line and along
Ihe South line of said Parcel A S89°45'51"E a dislance of 289.08 feet to the POINT OF
BEGINNING;
Thence leaving said South line NOOOI4'09"E a distance of 52.50 feet to a point;
Thence parallel with said South line S89°45'51"E a distance of 190.00 feet to a point;
Thence SOooI4'09"W a distance of 38.00 feet to a point;
Thence parallel with said South line N89°45'51"W a distance of 156.50 feet to a point;
Thence SOooI4'09"W a distance of 14.50 feet to a point on said South line;
Thence along said South line N89°45'51"W a distance of33.50 feet to the POINT OF
BEGINNING.
Said easement contains 7706 square feet more or less and is subject to all existing
easements and rights-of-ways of record or implied.
CO26070 -,w,- wtuasemenUegaLQ82702pmh
Meridian City Council Meetina
September 17. 2002
The regular meeting of the Meridian City Council was called to order at 7:25 P.M.,
Tuesday, September 17, 2002, by Mayor Robert D, Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless and William Nary.
Others Present: Bill Nichols, Mike Worley, Steve Siddoway, Gary Smith, Brad Watson,
Will Berg, Stacy Kilchenmann, Lisa Arreola, Ken Bowers, and Dean Willis.
Item 1:
Roll-call Attendance:
Rollcall.
--2L- Tammy de Weerd --2L- Bill Nary
--2L- Cherie McCandless ....lL. Keith Bird
--2L- Mayor Robert Corrie
Corrie: Okay. At this time I will open the City Council regular meeting agenda on
Tuesday, September the 17th, 2002. And I apologize to the group here, we are about
25. minutes late, but at 7:25, At this time I'd like to have the roll call attendance, please,
by the city clerk.
Item 2:
Adoption of the Agenda:
Corrie: Okay. Thank you. Council, you have the agenda for tonight in front of you. Is
there any changes or corrections to that agenda?
Bird: I have none.
Corrie: Okay.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'd move we adopt the agenda as noted.
McCandless: Second.
Corrie: Motion has been made and seconded to adopt the agenda as stated. All in
favor say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
Meridian Coy Council Meeting
September 17, 2002
Page 2 of 65
A.
B,
C.
Findings of Fact and Conclusions of Law for Approval: CU P
02-020 Request for a Conditional Use Permit for a professional
beauty salon in an R-15 zone for The Designing Team Salon by
the Designing Team Inc. - 1226 East 2 Y. Street:
Findings of Fact and Conclusions of Law for Approval: VAR
02-011 Request for a Variance to the parking ordinances and
Landscape Ordinance for The Designing Team Salon by the
Designing Team, Inc. -1226 East 2 Y. Street:
Findings of Fact and Conclusions of Law for Denial: VAR 02-
012 Request for a Variance to the Landscape Ordinance to allow
conifers in the landscape buffer at Harks Comer by Van Hees
Properties, LLC - southwest corner of South Linder Road and West
Franklin Road:
D.
Findings of Fact and Conclusions of Law for Approval: VAR
02-013 Request for a Variance for a second time extension on the
Preliminary Plat approval for Olsen Bush Subdivision No.2 by R2
Development - west of North Eagle Road, north of East Franklin
Road:
E.
Findings of Fact and Conclusions of Law for Approval: M102-
007 Request for approval of a 24 foot wide private road for the
landlocked Marcon parcel by Elaine Martin - northwest corner of
North Linder Road and West Franklin Road:
F.
Adopting Purchasing
G.
Resolution No.
Policy:
Annual CPI Rate Adjustment for Solid Waste Collection
Services by Sanitary Services Company:
H.
Linder Crossing Sewer and Water Main Easement -
Stubblefield Development:
I.
Agreement for Roadway Construction I Sewer & Water Line
Improvements - Overland Road, East of Meridian Road to east
of Eagle Road - ACHD Project No. 502005:
J.
Re-Approval of Easement, South Slough Sewer & Water
Project - Dixie Roberts:
K.
Resolution No,
Standard Specifications & Drawings:
2002 Public Works
Meridian City Council Meeting
September 17, 2002
Page 3 of 65
Corrie: The next is the Consent Agenda. Is there anything on the Consent Agenda,
other than the two resolution numbers that are still left? Mr. Bird, what will be the first
resolution under Adopting Purchasing Policy?
Berg: Mr. Mayor, 02-389.
Corrie: Okay. And the next one will be 02-390?
Berg: Yes.
Corrie: Okay.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I think the resolution on the public works
design standards may have a date and it needs to be specified as to when it is
effective.
Corrie: Oh, on that resolution you mean?
Nichols: Yes. So I'd ask you to look at that, to include in the motion on the Consent
Agenda what that date would be, but -- right. Section two on page two, it needs to have
an effective date and I didn't know if this would affect contractors or those that might
have projects in the design stage, therefore, rather than have it become effective
immediately, I left -- purposely left that blank, so that the Public Works Department can
indicate to Council when it should be effective.
Corrie: Gary?
Smith: Mayor, Council Members, we will distribute the new documents to all of those
entities that presently have our standard specifications, along with a disk for the
standard details that they will use on preparation of plans. Obviously, the plans that we
have in the process right now won't be subject to this - these new specifications. I
would suspect that - we have tried to keep the engineering firms up to date as far as
what our specifications are. This is kind of a compilation of -- a final compilation of the
documents. I don't know whether 30 days from this point would be -- that should be
enough time.
Bird: October 15th or November 1st, which would be the best?
Smith: Let's go with October 15th.
Corrie: Okay. Any further discussion on the Consent Agenda?
Meridian City Council Meeting
September 17. 2002
Page 4 of 65
Bird: I have none.
Corrie: I will entertain a motion on the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move we approve the Consent Agenda, which includes Resolution 02-
389, Adopting the Purchasing Policy, and also Resolution 02-390, Public Works
Standard Specification drawings and that is to take effect on October 15th, 2002, and
on all papers to authorize the Mayor to sign and the Clerk to attest.
De Weerd: Second.
Corrie: Motion has been made and seconded on the motion for the Consent Agenda.
Any further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 4:
Department Reports:
A.
Public Works Department:
1.
Transportation Task Force Committee Report:
Corrie: Item No.4 is Department Reports. A: Public Works Department, No.1,
Transportation Task Force Committee Report.
Smith: Thank you, Mr. Mayor, Council Members. Item 4-A-1 is the Transportation Task
Force Committee Report. The City of Meridian Transportation Task Force met on
September the 5th of this year and we met at Compass's offices in here in Meridian.
The listing of the committee members that attended that meeting are in paragraph two
of the memo that I put together. What I have given you is a recap of last year's
prioritization of our projects for transportation improvement, along with the new
prioritization as determined by this committee at the September 5th meeting. The
Compass organization has requested that we have a finalized report in their hands no
later than October 31 st, so that they can present this information to Ada County
Highway District and ITD for inclusion into the five year work program and into the
transportation improvement program at lTD. Have you had time to review this and do
you have any questions or do you want me to go through this item by item, if that's
necessary? We did take a couple of things out of the project -- out of the prioritization of