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Water Main Easement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for American Geotechnics South Locust GroveADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAH012112102 09:27 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIII~I'~IIIIII III III MERIDIAN CITY AMOUNT (!0 19214$ r~:~ WATER MAIN EASEMENT THIS INDENTURE, made this/Z~day of~~---, 20~between earpo"°OAd~A°~d`'9°~fOpO~M1°d""~10~,a, 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 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, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) 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. 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 connectionto 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. Water Main Easement Page 1 EASMT.WTR.doc ~ + 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 quite 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: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole By: f` ~ ~ It's Author' d Agent STATE OF UTAH ) :ss /~``SVS CHq~ST°® ~~ ~ ~Ql ~ W jjO.°~` ~, O; G °e~ ~ V; OF THE ti :~~ ~ SEAL s •'' 2, G, O ~~F / r~ „ r S% ~ ~,>. ~ ~~ ~L7 e 4s~ ~ . / 8~.~ « ,~~ ,,~'~ COUNTY OF SALT LAKE On this 17th day of October, 2002, personally appeared before me Terry F. Rudd, personally known to me to be the Authorized Agent of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent for the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said Corporation; and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. ov r~+ NOTARY PUBLIC ,~~ ~~ FLORA D. WRIGHT ~' a SU E. N. TEMPLE ST. 12TH FLR. a ~~ ~ SALT LAKE CITY. UT 84150 • ~ MY COMMISSION EXPIRES ~~ .. ~ OCTOBER 10, 2005 'BB' STATE OF UTAH WITNESS my hand and official seal. ~d711 ~ d!!/~/~/JL Notary Public My commission expires: October 10, 2005 Water Main Easement Page 2 Residing at: Salt Lake City, Utah EASMT.WTR.doc Y 1 ~ ~ ' GRANTEE: CITY OF MERIDIAN ~~ r v Corrie, Mayor i~~..~, ~ Attest by William G. Berg, City Clerk w„`` '~' G~PORq TF ~ ~~~ ~ o .; ~ r s~~L M ~~ Approved By City Council On: ~ bVP/Wbh~~` ~ ~ 2~~ Water Main Easement Page 3 EASMT. WTR.doc -ARROW GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS S Engineering & Surveying cONSTRUCTIONSTAKING 222 E. State Street Suite B Eagle, Idaho 83616 office: 1-208-939-7373 fax: 1-208-939-7321 Job No. 2002868 9-25-02 D.R.L. LEGAL DESCRIPTION FOR AMERICAN GEOTECHNICS Waterline Easement A parcel to be used for public waterline easement lying in the Northwest '/4 of the Northwest'/4 of Section 17, Township 3 North, Rangel East of the Boise Meridian described as follows: Commencing at the Northwest corner of Section 17, Township 3 North, Range 1 East of the Boise Meridian and running thence South 503.41 feet along the West line of said section; thence N 89°32' 15" E 48.00 feet to a point on the West right-of--way line of South Locust Grove Road (said point being the POINT OF BEGINNING; thence East 143.83 feet; thence S 45°08'42"E 137.08 feet; thence South 246.58 feet; thence West 241.00 feet to said right-of--way; thence North 20.00 feet along said right-of--way; thence East 221.00 feet; thence North 218.25 feet; thence N 45°08'42"W 110.00 feet; thence West 143.00 feet to said right-of--way; thence North 27.42 feet along said right-of- way to the point of beginning. r Ndti111EST COIi1~R . ~~,~,~ . ~;,, . . 6X li/R!T 8 .,~ ~-. 0 ~. .~ I i I I I 1 1 1 I r1h1 I I I I I I ! I I Meridian City Council November 6, 2002 Page 3 of 38 Gibson -south of West Chinden Boulevard and west of North Linder Road: I. Tabled from October 22, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: J. Tabled from October 22, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -south of West Chinden Boulevard and west of North Linder Road: L. Findings of Fact and Conclusions of Law for Approval: PP 02- 016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: N. Findings of Fact and Conclusions of Law for Approval: CUP 02-024 Request fora Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company -southeast corner of East Overland Road and South Eagle Road: O. Findings of Fact and Conclusions of Law for Approval: AZ 02- 019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: P. Findings of Fact and Conclusions of Law for Approval: PP 02- 015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Q. Water 11~airy Easement for Locust Grove L©S S~a~~~;~eir:' R. Water Main Easement for Silverstone Subdivision -Sundance Investments Limited Partnership: S. Sanitary Sewer Easement for Treasure Valley Business Center Meridian City Council November 6, 2002 Page 4 of 38 Phase I - Gemtone, Inc.: T. Sanitary Sewer and Water Easement - Marcon, Inc.: U. Sanitary Sewer and Water Easement -Ronald Van Auker: V. Sanitary Sewer and Water Easement - Haz-Tech Holding, Inc.: W. Sanitary Sewer and Water Easement for Turtle Creek Subdivision No. 3 -Ernest, Ross & Kisler: X. Agreement for Professional Services, Waste Water Treatment Plant Computerized Operations & Maintenance Manual - Brown and Caldwell: Y. Approve Bills: Corrie: Item Number 3, then, is the -- we have the Consent Agenda, then, before us. Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the changes of H, I, and J being tabled to November 19, 2002, at the request of the applicant, moving Item K to 5K on the Regular Agenda, and Item M to 5M on the Regular Agenda. With that, passing all the other Consent Agenda items and where needed to authorize the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Then roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Mayor's Office: 1. Re-appointment of Clarence Jones to Meridian Development Corporation Board: