Sanitary Sewer and Water Main Easement with Loree, Mr. and Mrs. Paul M. Snorting Bull No. 2 for Woodbridge No. 2~~DA CGJ'ITY RECORDER
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SANITARY SEWER AND WATER MAIN EASEMENT
~~
THIS INDENTURE, made this ~ day of e~GG•s~ , 200' between Mr. and Mrs. Paul
M. Loree, 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 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 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 facilities, together with their maintenance, 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.
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.
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Sanitary Sewer and Water Main Easement Page 1 Offsite utility
easement.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 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.
GRANT R:
Paul M. Loree
Ma r E. Loree
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~.c_. , 200 Z before me, the undersigned, a Notary
Public in and for said State, personally appeared '/-~Q,a./ N'! . 1 o rGC~ and
~~(,{,~pC1..yt~' ~. LD/Gt ,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 WHF~RBOFr~,~~ave hereunto set my hand and affixed my official seal the day
and year fist abQe~'e~~i$~~~sjs'•.,~
ti~'.•'~ •'ti '•,
t~ ;~c;
* ~ "'~`~ ! :Notary Public for Idaho
•• pu8v •: o Resilin~ at ~ ,Idaho
~~'•, sr'••....••'•~~~.~~ My commission expires ~/~~e7
Sanitary Sewer and Water Maiif~~c~nc~~ ~ ••'~~ Page 2 -~ Offsite utility
easement.doc
GRANTEE: CITY OF MERIDIAN
.~`~~~``'~y OF M~~~i//~''~'%
Robe D. Corrie, Mayor r ;'~ ~ ~GORPORq T~ q~ '''
~~~~
Attest by William G. Ber , Ci y Clerk , '9~ r ,;:;-t . ,~. ~~•
S~CQ ~6'~C,cO'~" ~~J'' ' `~~'~~\
Approved By City Council On: ~~f,r;,~~; .,~, ~•''~`~
Sanitary Sewer and Water Main Easement Page 3 Offsite utility
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3EIB~T $
SNORTII~tG SITr,~, SI7I~I~~VISI~N-PHASE 2
EASEIirIENT TO 1~iA~IC VIEVY LET b
A Sn-fnot wide easement c~~er a parcel of land located in tine SV~' 1/4 of the ICE 1/4 of
Section 17, T. 3 AI., R. 1 E., B.M., Ada County, Idaho, mare particularly described as follows:
Commencing at the 114 section corner common to Sections 17 and 18 of said T. 3 N.,
R. 1 E.;
Thence RIorth ~°40'00" East on the section Line common to said Sections 17 and 18,
1329.23 feet to the North 1/16' section corner common to said Sections 17 and 18;
Thence North 89°30'51" East on the northerly boundary of the S l /2 of the NW 1/4 of
said Section 17, 1350.25 feet to the northeast comer of Snorting Bull Subdivision - Pizase 1, as
sazne is shown on the Plat thereof recorded in Baol~ 81 of Plats at Page $764;. of Ada County
Records;
Thence continuing North 89°34'51" East on the northerly boundary of said S Ill of the
N~V 114, 1298.015 feet to the center-north 1/16` section corner of said Section 17;
Thence South 0°07'39" East on the north-south mid-section line of said Section 17,
4?'6.95 feet to the southwest corner of Lot 5 of Amended h~agic View Subdivision, as same is
shown on the plat thereof recorded in Book 52 of Plats at Page 445, of Ada County Records,
said. point being the REAI, POLNT QF BEGINNING;
Thence South 80°09'59" East, 409.D0 feet on the lot line common to Lvis 6 and 7 of said
Amended Magic Vi~v Subdivision to an angle point in said common lot line, said point being a
point of curve;
Thence 7S.7d feet along the arc of a curve to tine right, said curve having a radius of
46.00 feet, a central angle of 96°22'46" and a chord distance of 67.08 feet which bears
North 31 °8'36" Vtii est;
Snorting ~u=; 3ubdsvisiou Piss 2 Earmst to Magc 1%iev .,o: o.d~
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Thence Nortl180°09'59" Vi~$si., 373.Ob feet on a line zffhich is parallel to and SO.O~J feet
no_Ttheri{~ of said lot line common to Lots 6 and ?, to a goini on the north-southmid-sectior. line
of said Sectis~n 17;
Thence South Q°07'31" East, 54.77 feet on said north-south raid-section line to the real
point of begicxning. containing 0.43 Acres (18$4 Square feet) more or less.
3arnes R. ~'~'ushbnrn, PLS
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Meridian City Council Meeting August 6, 2002
The regular meeting of the Meridian City Council was called to order at 6:45 P.M., on
Tuesday, August 6, 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, Gary Smith, Brad Hawkins-Clark, Brad Watson, Mike
Worley, Sharon Smith, Ken Bowers, and Dean Willis.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: All right. The time is a quarter until 7:00. I will open the City Council Regular
Meeting on Tuesday, August the 6th, at the City Council Chambers. We will have roll
call attendance, please.
Item 2: Adoption of the Agenda:
Corrie: Okay. All here and present. Adoption of the Agenda is Item Number 2.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: T he only thing outside of the Consent Agenda would be to take care of is Item
Number 7, a Continued Public Hearing for the contract Parks and Recreation System
Action Plan has been asked by the Parks Department and the Committee for the impact
fees to be tabled to September 12~', so they can do some more work on the impact
fees. Other than that I would move, then, that we approve the agenda as noted.
De Weerd: Second.
Corrie: Motion has been made and seconded to adopt the agenda with the exclusion of
7, a Public Hearing, which will be postponed. Any further discussion? Hearing none, all
those in favor say aye. Opposed no? All approved.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes from July 9, 2002 City Council Special Meeting:
Meridian City Council Meeting
August 6, 2002
Page 2
B. Approve minutes from July 9, 2002 City Council Joint Workshop:
C. Approve minutes from July 16, 2002 City Council Regular Meeting:
D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law:
AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to
R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II
Partnership -west of South Eagle Road and south of East Victory Road:
E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law:
PP 02-006 Request for Preliminary Plat approval of 455 single-family lots,
38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone
for proposed Tuscany Lakes Subdivision by Gem Park II Partnership -
west of South Eagle Road and south of East Victory Road:
F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law:
CUP 02-006 Request for a Conditional Use Permit for a Planned Unit
Development consisting of 353 buildable lots and 31 common lots on
138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II
Partnership -west of South Eagle Road and south of East victory Road:
G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for
a Variance for reduced setback from ten feet to five feet on the side of a
home with a dormer on the second level by KW Homes -Lot 28 Block 4
of Packard Estates No. 3, 2641 E. Bernice Dr.:
H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for
annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4
zones for proposed Sutherland Farm by Sutherland Farms, Inc. -east of
South Eagle Road and north of East Victory Road:
I. Findings of Facts and Conclusions of Law: PP 02-004 Request for
Preliminary Plat approval of 308 building lots and 30 other lots on 127.64
acres in proposed L-O, C-G and R-4 zones for proposed Sutherland
Farm by Sutherland Farm, Inc. -east of South Eagle Road and East
Victory Road:
J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for
a Conditional Use Permit for a Planned Unit Development for residential,
commercial and office park development for Sutherland Farm by
Sutherland Farm, Inc. -east of South Eagle Road and north of East
Victory Road:
K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for
annexation and zoning of 34.60 acres from RUT to I-L and L-0 zones for
Meridian City Council Meeting
August 6, 2002
Page 3
proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten
Mile Road:
L. Findings of Facts and Conclusions of Law: PP 01-017 Request for
Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-
Land L-O zones for proposed Utility Subdivision by Falcon Creek, LLC
- 3365 North Ten Mile Road:
M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West
Franklin Road by Walt Morrow:
N. Development Agreement: AZ 01-008 Request for annexation and
zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for
proposed Baltic Place Subdivision by L.C. Development, Inc. -Franklin
Road west of Locust Grove Road:
O. Resolution No. 02-381: Recognizing VallevRide as the regional
public transportation authority:
P. Award of Contract, 2002 Sewer Cleanin~t Protect:
Q. Award of Contract, Asphalt Pavement Improvements at Waste Water
Treatment Plant:
R. Agreement for Professional Services Addendum No. 1 -White Drain
Sewer Trunk Project, Keller Associates:
S. UV Disinfection, Grit Basin and Outfall Project ~ Tertiary Filter
Bypass Chanee Order:
T. South Slough Sewer Project, Sewer Easement -Dixie Roberts:
U. South Slough Sewer Project, Sewer Easement -Vern Alleman:
V. Snortine Bull (Woodbridge) Subdivision OffSite Water and Sewer
Easement -Paul and Margaret Loree:
W. W.H. Moore Consent to Annexation Agreement:
Corrie: Consent Agenda.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
Meridian City Council Meeting
August 6, 2002
Page 4
De Weerd: I move we approve the Consent Agenda with the following changes, to
move Items D, E, F, M, R and W to the Regular Agenda Number 5 as 5-D, E F, M, R,
and W.
Bird: Second.
Corrie: Okay. Any further discussion? Hearing none, roll-call vote.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Approve Bills:
Item 4: Department Reports
1. Police Department -Mike Worley
A. Agreement for Police Testing:
Corrie: Item Number 4 is the Department Reports -- excuse me. Department Reports,
Police Department. Mike Worley.
Worley: Thank you, Mayor, Members of the Council. We have over the past few
months been in some discussions with a company called Public Safety Testing out of
Bellevue, Washington. This company has been in existence for a couple of years in the
State of Washington and their business is to conduct pre-hire written testing and
physical fitness testing for police agencies. They do provide validated tests in both
areas. The applicant goes to them and can specify which agency they would like their
test scores to go to. This has proven to be very successful in Washington. The
candidates, rather than going around hitting each department on different testing
schedules, can get one test score that's provided to whomever they want it provided to.
Once we get a test score from somebody from this organization, we then continue on
with our normal application process for selection. The agreement that you have in your
package is an agreement to allow Public Safety Testing Company to conduct our pre-
hire tests. Like I say, they have been in Washington for a period of time and the
agencies I have talked to in Washington are very happy with the service they are
getting. They are just making an in-road into Idaho. This will be the first area that they
have attempted to serve. The City of Boise has already signed an agreement with
them. Garden City is in the process of doing so, and Nampa is -- was in the process of
it, but due to the untimely death of Chief Priest that's been put on hold, but the last
information I had is they are also planning to move with them. With that I would be