Water Main Easement with Touchmark of the Treasure Valley LLC for Touchmark Parcel
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04109/03 11:27 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
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11331358971
WATER MAIN EASEMENT
THIS INDENTURE, made this ißll!day ofl!JllCtlL, 20~between Touchmark of the Treasure
Valley, L.L.C., 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 ofthe 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, repair,
replacement of a water main over and across the following described property:
(SEE ATTACHED LEGAL DESCRIPTION and EXHIBIT A)
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.
In consideration of allowing Grantee to perform work on and/or operate within the said
described parcel, Grantee expressly agrees to indemnifY, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to
persons, and damages to property, damages, costs, charges, and expenses, including all court
cost and attorneys fee, and against any and all liability, losses and damages of any nature
whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by
reason or as a result of Grantee performing, working on and/or operating within the here in
above described parcel; provided that the damages are not caused by the negligence or other
breach oflegal duty by Grantor.
Water Main Easement
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touchmark
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, 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.
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.
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GRANTOR:
Secretary
STATE OF IDAHO)
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County of Ada)
On this /$ T.It day of /JJ/lÆ ell ,20M, before me, the undersigned, a Notary
Public in and for said State, personally appeared ,To.s;£ ¡PH .sw GN ~CJ 1'1/ 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
and year fist above written.
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NOTARY PUBLIC FOR IDAHO
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GRANTEE: CITY OF MERIDIAN
Approved By City Council On: --t{. -L.
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LEGAL DESCRIPTION FOR PERMANENT WATER LINE EASEMENT
TOUCHMARK PARCEL
This permanent waterline easement is situated within the NW 1/4 of Section 16, Township 3 North, Range
1 East, Boise Meridian, Ada County, State ofIdaho.
Being a strip ofland 20 feet in width being 10 feet on either side of of the following described centerline;
Commencing at the NW comer of said Section 16, thence along the westerly line of said Section 16,
SOoo30'52"E, a distance of2652.94 to the W 1/4 comer of said Section 16;
Thence along the Center Section line S89"23'35"E, a distance of2041.58 feet;
Thence leaving said Center Section line NOooOO'OO"E, a distance of 10.00 feet to the Real Point of
Be!!innin!!:
Thence along the centerline of the said permant water line easement S85°44'30"E, a distance of 10.03 feet
to a point;
Thence NOooOO'OO"E, a distance of228.90 feet to a point;
Thence N90o00'00"E, a distance of9.00 feet to a point;
Thence NOooOO'OO"E, a distance of 10.00 feet to a point oftermination of said permanent water line
easement;
The easement described contains 0.12 acres more or less.
Basis of Bearing is SOOO30'52"E for the Westerly line of the NW1/4 of said Section 16 as shown on Record
of Survey 5306, Ada County Records.
See Exhibit "A"
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EXHIBIT 'A'
PERMANENT WATERLINE EASEMENT
TOUCHMARK PARCEL
SEC 16, T3N, R1E, 8M
ADA COUNTY, IDAHO
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9.00'
POINT OF EASEMENT TERMINATION
17 T 16
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WATERLINE EASEMENT
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ST. LUKES REGIONAL
MEDICAL CENTER
ROS 5306
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TOUCHMARK LMNG CENTER
SUBDMSION
Meridian City Council Meetina
March 25. 2003
The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M" on
Tuesday, March 25, 2003, by Mayor Robert Corrie,
Members Present: William Nary, Tammy de Weerd, and Keith Bird.
Members Absent: Cherie McCandless.
Others Present: Chris Nye, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Doug
Strong, Dean Willis, and Will Berg,
Item 1.
Roll-call Attendance:
J...- Tammy de Weerd ~ Bill Nary
J...- Cherie McCandless ---1L- Keith Bird
----Ã- Mayor Robert Corrie
Corrie: Okay, I will open the Meridian City Council Regular Meeting, Tuesday, March
25, 2003, at 7:15 P,M, in the City Council Chambers and welcome everybody here
tonight. First, we'd like to have roll call attendance, please, Mr. Clerk,
Item 2.
Adoption of the Agenda:
Corrie: Okay next is the adoption of the agenda, Council, we did have the Financial
Report, It has already been done,
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd,
De Weerd: Just a couple of notations, One is we had a request to continue 9, 10, 18,
19, and 20 to April 1 st through various requests, Also, on Item 17, if we could hear that
with Item 13 and 14,
Corrie: Okay any other additions or corrections?
Hawkins-Clark: Mr. Mayor, if I could, Item Number 12, Devon Park Subdivision, and
Item Number 16, Fairview Lakes, are also on the same property. They do have
different names, but they are the same applicant and the same project, more or less. I'd
like to request those be put together as well, if possible.
Corrie: Twelve and 16 all right. Any other changes? Okay then, I will entertain a
motion to adopt the agenda as changed.
De Weerd: Mr. Mayor?
Meridian City Council Meeting
March 25, 2003
Page 2 of 40
Corrie: Mrs. de Weerd.
De Weerd: I move we adopt the agenda with the following changes. Move 16 under 12
to move 17 to be heard with Items 13 and 14 and to approve the agenda as changed,
Bird: Second.
Corrie: Okay, Motion has been made and seconded any further discussion? Hearing
none, all those in favor of the motion say aye, Opposed no? All ayes. Motion carried,
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Consent Agenda:
A.
C.
Approve minutes of January 28, 2003 Pre-Council Meeting:
B.
Findings of Fact and Conclusions of Law for Denial: MI 02-011
Request to remove certain parcels in Dunbar Estates Subdivision
from City of Meridian's area of impact for Packard Estates Dev.,
LLC by Packard Estates Dev" LLC - south of East Ustick Road
and west of North Cloverdale Road:
Approve Beer and Wine License Application (Pro-rated one-
half year) for Banakok House. Inc. by Joy Wise - 1890 East
Fairview Avenue Suite B:
D.
Touchmark Water Main Easement Aareement:
E.
Finance Report:
F.
Development Agreement: AZ 02-024 Request for annexation
and zoning of 15.4 acres from RUT to R-8 zones for proposed
Cobblefield Crossina Subdivision by CMD, Inc. - 4450 North
Linder Road:
Corrie: Next item is the Consent Agenda,
Bird: Mr. Mayor?
Corrie: Mr, Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second,