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Easement Agreement with US West Communications, Inc. for Ashford Greens No. 1Sl;:~,;6 tjr ~ 10-1~-9~ SEA 12083778JG2:tt ~/ 6 ,. ,.~ . ~~~~~8y3.5~. e r. ~ • . . t :_ ('~ . 't t~:.r ., . 'u r . ~ .,.~ -;+.(i ~, 5 . T r t ~v `_ iJ ' teECCwtNa tr,~o~nort ~-novtr ~ l - J"y/ ~ ~l/ //~/A/ ~.~ ,/ ~ lvwp ~ ~7 FED ~ ~~~~~ .~ .-, GAJC1~7CiY i ~VS~.~i~" ~ f~i C 1, ~ „ Ilte undersigned Grantor(s) for and is cottsidetatiao of zero Dollars (S 0.00 ~ . ~ ~~~ coasidsration, the recaps whecoof is ltareby acknowledged, ~ borsby gtaot and t,~trvay ttoto U S WEST Cotatauaita<tiona, ltte, a Colorado corporatiaa, hQeioaltar refkread to as "Geantoe-, whore address is 999 Main St. Boise, ID 837Qp mss. ~~ . Iiesmaes wad sgeots a paptxual easuaent to aoawttey rtroustettct, ~,. change; add to, operate. maintttia and remove sveb Weeoraartmicattom facilities, etecaicd tadlitiee and gas fialitier, and apptataoartcaa, ~ thus to time, as Grantee mqr t+egtrina npa4 aver. tanie< sod across the following ticseadbed land tdatated in the Cottmy of ~a Stbte of IdahQ,,,,___ which the Geantoc Drub aria whkh the araator has ay-. , to wig "SEE EXI-IIBIT A, CONSISTING OF TWO (2) EASEMENT LOCATION DRAWINGS AND LEGAL DESCRIPTIONS FOR UTII.TTY EASEMENTS "A" THROUGH "F",ATTACHED HERTO AND BY THLS REFERENCE MADE A PART HEREOF." Grants ftnther conveys to (jraatee the follawittg ( . (!) A tempoaty rigbtofway b b ti+~ alY P of ~~nf voce ~, :epos and rsm~oval u~ra a sA~ip or iaad - 5 . . ~ ; i-h r -r_ reef Wide art Sifd'easOrlRnC ~.~.~ ~~~ (Z) ZT,e rtght of Iggcess and egrgs otrer wad atatars the lards of t,usator to std fray the above-dppibed property ad the iigbt to clear .od keep cleated all aces and attttx obrancdats a mar ba aaassry for the Grantee's a~a std egjoy,neat orthe aieemeat acre. ' ,Grantee a6all indemttifj Gtanmr roc all dttreage eettred to Ganeor as a rasolt of Oamtee'r uegligerd exaciae of the :iglus and pdvilegp herein graaaed. Qraneee abaR have car respotw'bilitY for ptsetdsdag eavinoQaneofaj conpttninatloo or lvbnttlas, Grantor rtserves the tight m ootaepy, ttrs and whivata :aid eafemant for ~ p not iocartsirteat with the :ishb hansi4 granted, Grsttttsr covenants that he/abdtl>ey is/ttre the foe afrttpla owner or said land er In which ibs araator has any iatetsrt cud will warant std dsjead tills to the load agsinat all clttirna. Grantor hereby covettattta that oo atceawttlon, 6o7dlttg, stntentre a obsattstion will be caatrttcted, aacted. built os peetnitted on raid wematt area wed ao citaoge will btr treads by tie ar otltsrwise to the rtufaco ar aabrtallrce or the area ar to tlta gtouad immtxiiately adjacent to the esaammt arcs, The rights, ooaditiona and Dcovisionr of this earemeat shall lroaa tb the benefit of std be biadIng upon the heirs, rxecuton, adtactiatrator:, sttccarots wad asdgns of the rapecr;ve parties hereto. Pat;t l etZ wo a.awa hiriy (girl ' St~.~T BY : _'~ 1©- I ~ - 96 2 : 22P'.V( POWER EVGRS BU I ~~ 121183778962 : ~ 61 6 R9C~ORQI11a tNFORMATtOAt A80YE An,1 c1~. controversy or dispute arisia~ oat of this Agrepaeat shall be staled bT arbitration in aceordsoce teriW the applicable rnip of the Atrrericaa Arbitration Aseociation~ ~ ~~~~ upon the award rendered by the arbitrator tasy be entered in nay court having jra~isdIctioa thereof The arbitration shall ba ooaduattd in tha County where the property is located. Dated Chia 21st ~, of January ~ 19 9 7 ~__ ~._ City of Meridian Gt~aNor (OlficW of . company or Corporation) . ,+,, rr~r~~i Grants BY _ _ ~~~ -,,- - Grantor ~ A LJ Grantor A i y~ leek appro~t~ ~~.~,'' ~e"il 1-21-97 (IndEvidual Acloroariedgtaent) ( ~'~ ~ _~~;~~•`~~ STATE OF IDAFIO r~~~~r~rit~ err++~++'++~~`~~" ) STATE OF IDAHO j covNTY OP ~~ } " covrrrY ol= A D ~ f 65 } On this day of On this _ ~ I day d ! 9 ~, beErxe ~ ~.. ~,.a r v ~ 19 ~~ befvrt tan, ~' J a. +~ i. , s Noeaty Pablic, PAY aPPearad Notary Pab[iG, ParronallY appeared . (mOWn Q R o b e r4 ~~ r~ e r r ka01Mn Or ideotitte0 b mt (a prowl to roe oa oath of idatttiSed b ate (or proved to roe ari oatb of ).to be the person , to be whose name it wbscdbed to the witlria the gyor , tr.~d;,~ ~ r„ i>tstruczaut, sad ackaowled`ed to ata tlrat »~dd iamv~ . '~9 ~. hdaheltlrsy exeetrted Cho some. that sack corporation ~ ~ ': pT ARY g~ ~s>rAi.j _ ~ ~ [SEAL) , * A U ~ L ~G d ~ Notary Pubiia =,JlgT ~~®,; My corrrmission expira: ,_ ,,~~ ~OF~ `~~~ Public ®,,, M waaais:ioa wtpiras: 4~ 6 q y ti/W N Job ~ __~ F•xchanee _ Couch 1/4 3eetion Section i_ Township ~_ Ranga _~_ ~o seep t'~rlof2~ \ ~ ~O Np N~~ N .\ A ~~y 2 X W ~~- .\ a I A I V Zt - -1-- - -~ao 3~p~ rvoow ~n~ -r-, i ---~--~ ~' I I~ . ~; TAN-09-1997 14~?3 HUB~E ENGINEERING a 1 ~ '~ I r ~ 4 i cej ' I ~ l ~~{ \~ ~~ ~, ~ ~~ 1 208 378.0329 ?.02i08 fi I .~ ~` ' ,~ r y i ~ iw.-~~ - 1 i ~ ` ~ o /~ 1 ~. r ~ ~ S ~ ` `~ ~ ~-- - - 7A wn 0?J ~ ~~ ~~ y J~ I ' a \ t y`~ b ~~ r..~ i i 1 ~ W ~ ~ ~ ~ ~~ ~ W ~ a ~ ,~ o ~ ~ ~ 1~ ,~ ~ ~ IQ ~t I I 1 I t f~ I I ~ ~ c ~ ~ I I ~ ~ ~ I ' ~f ~ ' , ~ JaN-'~9-19'7 14 ~ ~3 rIUBBLE ~~JG I NEc? I ^!u 1 2] 3"3 ]323 ~. 73.E ~a " \`~ HUBBIE ENQINEERINC~, INC. ` /y 8550 Bethel Court ^ Boise, Idaho 83709 2081322$992 • Fax 2081375-0329. Project No. 9308201 January 8, 1997 DESCRIPTION FOR UTILITY EASEMENT "A" ASHFQRD GREENS A utility easement located in the SW1/4 of the NW1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW comer of said Section 3 bears North 00°38'27" East, 2687.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 308.93 feet; thence leaving said West boundary line South 89°21'33" East, 404.91 feet to a point on a curve to the right, said point also being the REAL POINT OF BEGINNING; thence along said curve 46.54 feet, said curve having a radius of 250.00 feet, a central angle of 10°38'46" and a long chord of 46.39 feet which bears South 49°22'43" East to the point of tangency; thence South 44°03'20" East, 136.41 feet; thence South 08 ° 18'10" East, 17.11 feet; thence North 44°03`20" West, 150.29 feet to the beginning of a curve to the left; thence along said curve 38.88 feet, said curve having a radius of 240.00 feet, a cenVal angle of 9°16'41" and a long chord of 38.82 feet which bears North 48°41'41" West; thence leaving said curve North 05°39'31" East, 11.58 feet to the Real Point of Beginning, containing 1860 square feet, more or less. Prepared by: RUBBLE EN GGC/vw/1144.des NG, INC. Gregory G. Carter, P.L.S. ~. ~'~~ JaN-09-1997 14 24 HJBBLE EN+aINEB~ING 1 208 379 7329 ~.04i08 s NUBBLE ENGINEERING, INC° y 9550 8ethet Court ^ Boiae, Idaho 83709 2081322.6992 ^ Pax 2081378-0329. Project No. 9308201 ~ January 8, 1997 DESCRIPTION FOR UTILITY EASEMENT "8" ASHFORD GREENS A utility easement located in the SW1/4 of the NW1/4 of Section 3, T.3N., R.1W., 6.M., Meridian, Ada County Idaho, more particularly described as follows: . Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW corner of said Section 3 bears North 00°38'27" East, 2897.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 935.92 feet; thence leaving said West boundary line South 89°21'33" East, 923.94 feet #o the REAL POINT OF BEGINNING; thence North 51°14'15" East, 10.00 feet; thence South 38°x5'45" East, 39.00 feet to the beginning of a curve to the right; thence along sak! curve 181.46 feet, said curve having a radius of 235.00 feet, a central angle of 39°22'00" and a bng chord of 158.31 feet which bears South 19°04'45" East to the point of tangency; thence South 00°38'15" West, 5.00 feet; thence North 88°23'4S" West, 10.00 feet; thence North ~°36'15" East, 5.00 feet to the beginning of a curve to the (eft; thence along said curve 154.39 feet, said curve having a radius of 225.00 feet, a central angle of 39°22'00" and a Eong chord of 151.57 feet which bears North 19°04'45" West to the point of tangency; thence North 38°4545" West, 39.00 feet to the Real Point of f3eginning, containing 2020 square feet, more or less. Prepared by: RUBBLE ENGI~(E,~R1NG, INC. GGC/vw/1146.des 4 '7 29 c ~n~' 19~9~-~c~y 9~`G'Q ~ OF ~~'~` RY G. CA Gregory G. Carter, P.L.S. JA~i-J9-199? 14 ~ c5 riUBBLE ~Na I VEER I Diu 1 ?Jo X79 739 P. ~5:'~JB ~;% ~`~. HUB6LE ENQINEERINQ, INC. 9~ y 9550 Bethel Court . 6oise, Idaho 83709 208/3Z2~889Z . Fax 2081378-0329• Project No. 9308201 DESCRIPTION FOR t,lTfLfTlf EASEMENT °C" ASHFORD GREENS January 9, 1997 A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1/4 of said Section 3 from which the NW comer of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 770.73 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°Z3'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet more or Less. Prepared by: RUBBLE ENG1N GGClvw/1147.des G, INC. Gregory G. Carter, P.L.S. . JAN-09-1'?9 ~ 14 ~ ?~ ,-i~BB~E =NG I NEER I'`lu 1 208 379 7329 x.76%"78 "' ~`~ RUBBLE ENGINEERING, INC. ° ~y y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ pax 208l378-032~ Project No. 9308201 DESCRIPTION FOR UTILITY EASEMENT "D" ASHFORD GREENS January 9, 1997 A utility easement located in Government Lat 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monument marking the W1i4 of said Section 3 frvm which the NW corner of said Section 3 bears North 00°38'27" East, 2697.x9 feet; thence along the West boundary line of said. Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 685.73 feet to the REAL POINT OF BEGiNNlNG; thence continuing South 88°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepared by: NUBBLE EN GGC/vw/1148.des ING, iNG. Gregory G. Carter, P.L.S. ` • ~ ~ ~r ,JAN-l9-1 ?9? 14 ~ 20 RUBBLE ENG I NEER I Nu 1 2~3 3~~ X329 ~.]7i~8 `~ HUB6~.E ENGINEERING, INC. . h 9560 Bethel Court r Boise, Idaho 83709 Z08/322.g992 ^ Fax 20378-0329 Project No. 9308201 January 9, 1997 DESCRIPTION FOR UTILITY EASEMENT "E" ASHFORD GREENS A utility easement located in Government Lot 4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at a brass cap monum®nt marking the W1/4 of said Section 3 from which the NW comer of said Section 3 bears North 00°38'27" East, 2697.49 feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 feet; thence leaving said West boundary line South 89°23'04" East, 625.73 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East, 10.00 feet; thence South 00°36'56" West, 30.00 feet; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepared by' NUBBLE ENGINEERING, INC. GGC/vw/1149.des Gregory G. Carter, P.L.S. 1 ~, . ' ~ ~, JAra-3'?-199 ; 14: ?5 HiJBBLc E~.IG I NEER 1 Nu 1 278 3 ~ ~ ]32? ~. ~8i08 '~~ `~ RUBBLE ENaINEERINQ, INC. ~ ~_ ti 9550 Bethel Court • Boise, Idaho 83709 2081322.8992 ^ Fwc 2081378.0329 Project No. 9306201 January 9, 1997 DESCRIPTION FOR UTILITY EASEMENT "F ASHFORD GREENS A utility easement located in Government Lot 4 of Sectian 3, T.3N., R.1W., B.M., Meridian, Ada County Idaho, more particulariy described as fotlows: Commencing at a brass cap monument marking the W114 of said Section 3 from which the NW comer of said Section 3 bears North 00°38'27" East, 2697.49 feet; feet; thence along the West boundary line of said Section 3 North 00°38'27" East, 1768.69 thence leaving said West boundary line South 89°23'04" East, 521.31 feet to the REAL POINT OF BEGINNING; thence continuing South 89°23'04" East. 10.00 feet; thence South 00°36'56" West, 30.00 feat; thence North 89°23'04" West, 10.00 feet; thence North 00°36'56" East, 30.00 feet to the Real Point of Beginning, containing 300 square feet, more or less. Prepan~ by: RUBBLE ENGINEERING, X29 r~ GGClvw11150.des Gregory G. Carter, P.L.S. TOT~r. ~8 Meridian City Council January 21, 1997 Page 59 Come: Shari? Stiles: 1 have nothing. Come: Mr. Smith? Smi#h: Mr. Mayor and Council members this won't take very long at all. I have two items„ gone is our transportation task force committee met on January 8`" and I have some minutes from that meeting that I would like to pass out to you for your review. I do have some additional information coming from APA on that light rail demonstration project and as soon as I get that I will distribute that to you also. The second item I have concerns Ashford Greens Subdivision No. 1 utility easements. I guess there was a request to have those approved by the Council tonight. They are two easements forms one for US West and .the other is a general utility form being requested by Brighton Corporation. My Assistant Engineer, Brad Watson, has reviewed the legal descriptions that have been submitted and they are satisfactory. Wayne Crookston has looked at the format and he has one recommendation for a change which we can have them make and that is all. These are easements that are on the boundary of the golf course holes adjacent to the public rights of way. They are easemenrts that cross access legs to the golf course holes from the public right of way. Morrow. Mr. Mayor, I would move that we authorize the Mayor to sign and the clerk to attest the easements that Gary has presented subject to the corrections necessary. Rountree: Second Corrie: Motion is made and seconded on the easement for the Mayor to sign and the City Clerk to attest, any further discussion? Hearing none all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Smith: Ntr. Mayor I will get the corrections made and get it to you and Witl. Thank you that is alt I have. Cowie: Mr. Johnson? Johnson: I really don't have anything, I am prepared to comment on your nominee for appointment to P & Z if you so desire this evening. Cowie: Counselor? Crookston: I have nothing tonight thank you.