Sanitary Sewer and Water Main Easement with Bews, E.L. and Shirley G. for Lochsa 103058972
ADA COUNTY RECORDER J. DAVIO NAVARRO
BOISE IDAHO 04/09103 11:27 AM
DEPl/TY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
1111111111111111111111111111111111111
103058972
SANITARY SEWER AND WATER MAIN EASEMENT
TillS INDENTURE, made this L day o~O~between E.L. Bews & Shirlev G. Bews ,
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 ftom 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 A IT ACHED EXlllBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the ftee right of access to such fucilities
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.
Sanitary Sewer and Water Main Easement
Page 1
EASMT.SW
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 ofland, 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:
~~
E.L. Bews
PJe</)j, ~
Shirley d. Bews
STATE OF IDAHO)
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On this JJ...- day of 1J%L-G~ , 20..:z:., before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ £ /1" (LIS and
ti5J,;,.¡",.'J IJ."~IJ.I.$ , 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 ~t.aùl1'l'e"'iJ'jtten.
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Sanitary Sewer andfW<l\e.?'h'1~[~¡~~:nt
County of Ada
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NOTARY PUBLIC FOR IDAHO
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EASMT.SW
GRANTEE: CITY OF MERIDIAN
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Attest by William G, Berg, City berk ~"'.::, (;'!f
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Approved By City Council On: '" - ---- , ~ /'
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Sanitary Sewer and Water Main Easement
Page 3
EASMT.SW
DESCRIPTION FOR SANfT ARY SEWER EASEMENT
PROPOSED BRIDGETOWER NORTH SUBDIVISION
December 23. 2002
An easement for City of Meridian sanitary sewer. located in the SW X of Section 26. Township
4 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho. being a strip of
land 50.00 feet in width, centered about the following described centerline:
Commencing at the northwest comer of the SW X ryv X comer) of Section 26. TAN. R 1W.
B.M., thence S 00°20'43" W 173.09 feet along the west line of said SW X to a point; thence S
89°39'17" E 25.00 feet to a point on the east right-of-way of N. Ten Mile Road. the REAL
POINT OF BEGINNING of this easement centerline description;
Thence continuing S 89°39'17" E 155.00 feet to a point of curvature;
Thence along a curve to the right 85.13 feet, said curve having a radius of 300.00 feet, a delta
angle of 16°15'28", tangents of 42.85 feet. and a long chord bearing S 81 °31 '33" E 84.84 feet
to a point of reverse curvature;
Thence along a curve to the left 148.66 feet. said curve having a radius of 600.00 feet, a delta
angle of 14°11 '44", tangents of 74.71 feet. and a long chord bearing S 80°29'41" E 148.28 feet
to a point of tangency;
Thence S 87"35'33" E 165,82 feet to a point of curvature;
Thence along a curve to the right 139.71 feet, said curve having a radius of 200,00 feet, a
delta angle of 40°01 '28", tangents of 72.84 feet. and a long chord bearing S 67"34'49" E
136,89 feet to a point of tangency;
Thence S 47°34'05" E 29.81 feet to a point on a curve;
Thencealong a curve to the right 318.77 feet, said curve having a radius of 380,00 feet. a
delta angle of 48°03'49", tangents of 169.44 feet, and a long chord bearing N 66°27'49" E
309.50 feet to a point of tangency;
Thence S 89°30'16" E 274,82 feet to a point;
Thence N 00°29'44" E 150,16 feet to a point on the north line of said SW X, the ENDING
POINT of this easement centerline description.
This easement covers 73,407 SF (1.69 acres), more or less.
btmssease.des,doc
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CURVE TABLE
SANITARY SEWER EASEMENT
CURVE DELTA RADIUS ARC TANGENT CHORD CHORD 8RG
CI 1615'28" 300,00 85.13 42.85 84.84 S 81'31'33"[
C2 14'11'44" 600.00 148.66 74.71 148.28 S 80'29'41"E
C3 40'01'28" 200.00 139,71 72.84 136,89 S 67'34'49"E
C4 48'03'49" 380,00 318,77 169.44 309.50 N 66'27'49"[
PROPOSED BRIDGETOWER NORTH SUBDNISON <:>
LOCATED IN THE SW 1/4 OF SECTION 26, TAN., R,1W" S.M, I~
MERIDIAN, ADA COUNTY, IDAHO ~
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DWG DATE:
SCALE:
12/23/02
1"= 150'
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Meridian City Council
March 11, 2003
Page 2 of 43
told me that I improved her English a little bit. I have made some contributions, no
matter how small they might be, Anyway, this is a great honor for me, I have enjoyed all
the work I have done for the City of Meridian and for our service organizations in our
community, the Chamber, and the Kiwanis Club and - but the special thing and the
thing that's meant the most to me is working directly with the cities -- with the city and
being on the fringe of what's going on in this dynamic, growing city, I have got to know
an awful lot of good people and I can vouch for their efforts and I can tell you that your
City Council is dedicated, that your Public Works Department is dedicated, that your fire
department is dedicated, and the police department, the question is still out on that one,
I only say that, because I haven't worked closely with the police department. I'm sure
they are doing a wonderful job, too. The other departments I have worked with, So, I will
put this on my wall and add it to some other plagues I have got. I do really appreciate it
sincerely and I appreciate your time and for all of you interested in those that aren't so
interested, I thank you very much, Thank you.
De Weerd: Mr, Mayor?
Corrie: Mrs, de Weerd.
De Weerd: Before Jim walks out of the room,
Johnson: You knew me when I had hair.
De Weerd: I came tonight because I thought it was a roast of Jim Johnson. You know,
Jim has also served many years on Planning and Zoning, so you have countless years
to this community and it's very much appreciated and I do expect to see you at 7:30
tomorrow morning,
Johnson: I thought I cut that cord.
De Weerd: Maybe after tomorrow.
Item 2:
Adoption of the Agenda:
Corrie: Thank you, Jim and Virginia, All right. The next item on the agenda is adoption
of the agenda, Any corrections or --
Bird: Mr. Mayor?
Corrie: Mr. Bird,
Bird: As discussed earlier, we will add to our regular agenda for our regular meeting
Items Number 5 from the Pre-Council Meeting, Items Number 7, Number 8, and
Number 9, which will be Items 12, 13, 14, and 15 on the regular agenda. With that I
would move that we adopt the agenda as noted,
De Weerd: Second,
Meridian City Council
March 11, 2003
Page 3 or 43
Corrie: Okay, Motion has been made and seconded to adopt the amended agenda, Any
further discussion? Hearing none, all those in favor of the motion say aye. Opposed
no? All ayes. Motion carried,
MOTION CARRIED: ALL AYES,
Item 4:
Consent Agenda:
A.
C.
Findings of Fact and Conclusions of Law for Approval: AZ 02-
028 Request for annexation and zoning of 81.54 acres from RUT
to R-8 and L-O zones for proposed Cedar Springs North
Subdivision by Howell-Murdoch Development Corporation - south
of West McMillan Road and west of North Meridian Road:
B.
Findings of Fact and Conclusions of Law for Approval: PP 02-
027 Request for Preliminary Plat approval of 197 building lots and
33 other lots on 81,54 acres in proposed R-8 and L-O zones for
proposed Cedar Springs North Subdivision by Howell-Murdoch
Development Corporation - south of West McMillan Road and west
of North Meridian Road:
Findings of Fact and Conclusions of Law for Approval: VAR
03-003 Request for a Variance to allow blocks 7, 9, and 13 to
exceed 1,000 foot maximum block length for proposed Cedar
Springs North Subdivision by Howell-Murdoch Development
Corporation - south of West McMillan Road and west of North
Meridian Road:
D.
Findings of Fact and Conclusions of Law for Approval: RZ 03-
002 Request for a Rezone of 3,66 acres from L-O to R-15 zones
for proposed Scottsdale Villas Subdivision by Pinnacle
Engineers, Inc, for Wolfe Commercial Enterprises, LLC. - West
Alden Drive, southwest corner of West Franklin Road and
Southwest ih Avenue:
E.
Findings of Fact and Conclusions of Law for Approval: PP 02-
029 Request for Preliminary Plat approval of 19 building lots and 2
other lots on 3,66 acres in a proposed R-15 zone for proposed
Scottsdale Villas Subdivision by Pinnacle Engineers, Inc, - West
Alden Drive, southwest corner of West Franklin Road and
Southwest ih Avenue:
F.
Findings of Fact and Conclusions of Law for Approval: CUP
02-045 Request for a Conditional Use Permit for a Planned Unit
Development for 19 single-family attached units in a proposed R-15
zone for proposed Scottsdale Villas Subdivision by Pinnacle
Engineers, Inc, - West Alden Drive, southwest corner of West
Franklin Road and Southwest ih Avenue:
Meridian City Council
March 11, 2003
Page 4 or 43
G.
ACHD Road Widening Franklin Road Project I ROW Purchase
Agreement (Fire Station and Storey Park Franklin Road Frontage):
H.
Sanitary Sewer and Water Main Easement AQreement with Ed
and Shirlev Bews:
I.
Approve Bills:
Corrie: Item No, 4 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,
Corrie: Okay, Motion made and seconded to approve the items on the Consent Agenda
through I. Any other discussion? Roll call vote, Mr. Berg,
Roll call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
Corrie: All ayes, Motion is approved,
MOTION CARRIED: ALL AYES,
Item 5:
Department Reports:
A.
Public Work's Department - Brad Watson:
1.
Continued from March 4, 2003: ReQuest for Sewer
Service - Anthony Mahaty, 2075 West Franklin Road:
Corrie: Item No.5 is the Department Reports, Public Works Department, Brad Watson.
Watson: Thank you, Mr. Mayor, Council Members, This is a continuance of an item last
week requesting sewer service to a property that's not within the city limits, but is
contiguous to city limits, As you recall, I discussed briefly the proposal last week and
you had asked me to contact the applicant, so that he could answer some of those
questions for you that I could not I do see Mr. Kartchner in the audience tonight and I
will turn it over to him, I don't have anything to add from last week, so -
Corrie: Give your name and address, please,
Kartchner: Richard Kartchner, 4325 North Ten Mile, Meridian,
Corrie: Thank you, Anything you want to say differently or -