Correction to Water Main Easement with Sundance Limited Partnership for Silverstone Access DriveAQA COUNTY RECORDER J. DAVID NAUARRO 5
BOISE IDAH012112l02 09:21 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIII~IIIIIIIIIIIIIIIIIIII ~II
RECORDED-REQUEST OF I
MERIDIAN CITY 1 ~~ 1 ~8?~3~
AMOUNT .00
CORREC rtuly iv
Water Main Easement
Originally recorded 8/29/02 as Instrument #102125185, Ada County Records
THIS INDENTURE, made this ~~day of!(~GV , 2002 between Sundance Investments Limited Partnership,
the parties of the first part, and hereinafter cal led 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 correct a previously recorded 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 construction, 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
construction, 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 construction, 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 ofthe 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, shal l cease and become nul l and void and of no further effect and shall
be completely relinquished.
Silverstone Access Driveway Water Main Easement Page 1 EASMT WTR CORRECTION.doc
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.
GRANTOR: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
~~
Chris Anderson
Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited
Partnership
STATE OF IDAHO
ss
County of Ada )
On this 4-rl~ day of ~ vU~i~-~. , 20 ~?z, before me, the undersigned, a Notary
Public in and for said State, personally appeared Chris Anderson, known or identified to me
to be the Vice-President and Authorized Agent of Sundance Investments Limited Partnership
who subscribed said partnership name to the foregoing 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.
III/1111~/41~Ir14144,..
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GRANT~~':' ~ CITY OF MERIDIAN
~rt D. Corrie, Mayor
est by William G. Bere, itv Jerk
NOTARY PUBLI FOR IDAHO
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Approved By City Council On: ~~i(y'~,~.I/Y ~ 2 12~ ~~--
Silverstone Access Driveway Water Main Easement Page 2 EASMT WTR CORRECTION.doc
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project No.: 2493
Date: October 7, 2002
Revised: October 15, 2002
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT FOR
PROPOSED SILVERSTONE SUBDIVISION No. 3
A 20.00 foot wide parcel of land being a portion of Block 1 of Silverstone
Subdivision as on file in the Office of the Ada County Recorder, Boise, Idaho said parcel
being situated in the NW 1/4 of the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian,
Ada County, Idaho. The boundaries of said parcel are located 10.00 feet on each side
of the following described centerline:
COMMENCING at a brass cap marking the Northwest corner of said Section 21;
thence along the North line of said Section 21
South 89°13'50" East 619.01 feet to a point; thence leaving said North line
South 00°14'50" West 55.00 feet to a point on the North line of said Block 1 of
Silverstone Subdivision which line is also the South right-of-way line of West Overland
Road, said point being the POINT OF BEGINNING; thence continuing
South 00°14'50" West 67.63 feet to a point; thence
North 89°45'10" West 112.13 feet to a point; thence
South 00°14'50" West 15.02 feet to a point; thence at right angles
South 89°45'10" East 18.00 feet to a point; thence returning
North 89°45'10" West 18.00 feet to a point; thence
South 00°14'50" West 62.79 feet to a point; thence at right angles
North 89°45'10" West 41.00 feet to a point; thence returning
South 89°45'10" East 41.00 feet to a point; thence
South 00°14'50" West 19.25 feet to a point; thence
South 45°14'50" West 67.21 feet to a point; thence
Suuth 78°59'50" West 6.27 feci ~u a point; thenc, at righ+. ~~7gi~s
South 11°00'10" East 39.00 feet to a point; thence returning
North 11°00'10" West 39.00 feet to a point; thence _
South 78°59'50" West 74.15 feet to a point; thence
South 56°29'50" West 57.15 feet to a point; thence at right angles
North 33°30'10" West 32.00 feet to a point; thence returning
South 33°30'10" East 32.00 feet to a point; thence
South 56°29'50" West 24.65 feet to a point; thence
South 33°59'50" West 37.06 feet to a point; thence
South 11°29'50" West 63.72 feet to a point; thence at right angles
South 78°30'10" East 34.00 feet to a point; thence returning
North 78°30'10" West 34.00 feet to a point; thence
South 11°29'50" West 49.13 feet to a point; thence
South 33°59'50" West 31.24 feet to a point; thence
North 89°45'10" West 102.76 feet to a point; thence at right angles
North 00°14'50" East 22.00 feet to a point; thence returning
South 00°14'50" West 22.00 feet to a point; thence
2493-Water-ease.doc - dnm
TEALEY'S LAND SURVEYING
Project No.: 2493 -
Exhibit "A" (cont.)
Silverstone 3 Water Line Easement
2501 BOGUS BASIN ROAD, BOISE, IDAHO 83702'(208) 385-0636
Page 2
North 89°45'10" West 17.71 feet to a point; thence
South 00°14'50" West 130.56 feet to a point; thence
North 89°37'41" West 77.00 feet to a point on the West line of said Block 1 of
Silverstone Subdivision, which line is also the East right-of-way line of South Eagle
Road, said point being the TERMINAL POINT of the centerline of this parcel.
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2493-Water-ease.doc - dnm
17 16
_ _ _ S B9 ° 13'50"E
20 21 W. OVERLAND ROAD 619.01
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PARCEL "B" NN ` WATER LINE
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EXHIBIT "B"
20' WATERLINE EXHIBIT FOR
SILVERSTONE SUBDIVISION
A PORTION OF PARCELS A THRU F OF
PARCEL LINE ADJUSTMENT OF LOTS 2, 6-8
& II, BLOCK I, SILVERSTONE SUBD.,
THE NW I/4 NW I/4, SECT. 21, T.3N., R.IE.,
B.M., MERIDAIN, ADA COUNTY, IDAHO
N.
PARCEL "A"
0 SO 100 200
SCALE IN FEET
I" _ ~~0'
LINE TABLE
LINE LENGTH BEARING
L-I 31.24 S 33°59'50" W
L-2 37.06 S 33°59'50" W
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WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~1~, 20~.between Sundance Investments Limited
Partnership, 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 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.
Silverstone Access Driveway Water Main Easement Page 1 Silverstone-Access-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 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: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
~~
Chris Anderson
Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited
Partnership
STATE OF IDAHO )
ss
County of Ada )
On this ~ ~'~ day of ~,a t^1be~ , 20 O?before me, the undersigned, a Notary
Public in and for said State, personally appeared Chris Anderson, known or identified to me
to be the Vice-President and Authorized Agent of Sundance Investments Limited Partnership
who subscribed said partnership name to the foregoing 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.
.••°~tiBY,pRD•~~
~yOTARl, '~ ~~ NOTARY PU L C FOR IDAHO
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~ Residing at ~~~ 5-~ , A
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~~ ~ ~ Commission Expires: \ ~_ - \ to - ~~~,
'•.~ 9T8 O F 14 P~
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Silverstone Acce's§'L7t`iveway Water Main Easement Page 2 Silverstone-Access-WTR.doc
CITY OF MERIDIAN
v ~~uu~i.n~rur~
R ert . Cowie, Mayor `*\\~~.~~~ pf M~i~,~'`~.,,~~~
G~ pRPORq ~'~ ``~.
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Attest by William G. Berg, ity rk _ SEAL -
9j (l.~ w
Approved By City Council On:
~O~l~ .€~
~i7fES'e~t~~ rd4Y
Silverstone Access Driveway Water Main Easement Page 3 Silverstone-Access-WTR.doc
d
TEALEY'S LAND
SURVEYING
Project No.: 2493
Date: October 7, 2002
2501 Bogus Basin Rd. • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT FOR
PROPOSED SILVERSTONE SUBDIVISION No. 3
A 20.00 foot wide parcel of land being a portion of Block 1 of Silverstone Subdivision as
on file in the Office of the Ada County Recorder, Boise, Idaho said parcel being situated in the
NW 1/4 of the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho. The
boundaries of said parcel are located 10.00 feet on each side of the following described
centerline:
COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence
along the North line of said Section 21
South 89°13'50" East 619.01 feet to a point; thence leaving said North line
South 00°14'50" West 55.00 feet to a point on the North line of said Block 1 of
Silverstone Subdivision which line is also the South right-of-way line of West Overland Road,
said point being the POINT OF BEGINNING; thence continuing
South 00°14'50" West 67.63 feet to a point; thence
North 89°45'10" West 112.13 feet to a point; thence
South 00°14'50" West 77.81 feet to a point; thence at right angles
North 89°45'10" West 41.00 feet to a point; thence returning
South 89°45'10" East 41.00 feet to a point; thence
South 00°14'50" West 19.25 feet to a point; thence
South 45°14'50" West 67.21 feet to a point; thence
South 78°59'50" West 6.27 feet to a point; thence at right angles
South 11°00'10" East 39.00 feet to a point; thence returning
North 11°00'10" West 39.00 feet to a point; thence
South 78°59'50" West 74.15 feet to a point; thence
South 56°29'50" West 57.15 feet to a point; thence at right angles
~:.,~~h 33°30'10"'~~~est 32.00 feet to a point; ;h~~~ce returning
South 33°30'10" East 32.00 feet to a point; thence
South 56°29'50" West 24.65 feet to a point; thence
South 33°59'50" West 37.06 feet to a point; thence
South 11°29'50" West 63.72 feet to a point; thence at right angles
South 78°30'10" East 34.00 feet to a point; thence returning
North 78°30'10" West 34.00 feet to a point; thence
South 11°29'50" West 49.13 feet to a point; thence
South 33°59'50" West 31.24 feet to a point; thence
North 89°45'10" West 102.76 feet to a point; thence at right angles
North 00°14'50" East 22.00 feet to a point; thence returning
South 00°14'50" West 22.00 feet to a point; thence
North 89°45'10" West 17.71 feet to a point; thence
South 00°14'50" West 130.56 feet to a point; thence
North 89°37'41" West 77.00 feet to a point on the West line of said Block 1 of Silverstone
Subdivision, which line is also the East right-of-way line of South Eagle Road, said point being
the TERMINAL POINT of the centerline of this parcel
2493-Water-ease.doc - dnm
17 16
_ _ S 89'13'50"E
20 2I W. OVERLAND ROAD 619.01
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N 89°45'10' _ _/
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PARCEL "E" ~~ -
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41.00' Q~ ~ PARCEL "F"
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N 33 ° 30' 10" W h~ /~~0 39.00'
32.00' 2a• i 2~0~ CENTERLINE OF
„~ ~6e 0\ PROPOSED WATER LINE
CENTERED IN 20' WIDE
EASEMENT
~' ,~ ~ 20' CITY OF
~°,~ ~ MERIDIAN
PARCEL "B" NN ~, WATER LINE
- EASEMENT
N 00°14'50" E ~~ Im'-
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EXHIBIT "B"
20' WATERLINE EXHIBIT FOR
SILVERSTONE SUBDIVISION
A PORTION OF PARCELS A THRU F OF
PARCEL LINE ADJUSTMENT OF LOTS 2, 6-8
& II, BLOCK I, SILVERSTONE SUBD.,
THE NW I/4 NW I/4, SECT. 21, T.3N., R IE.,
B.M., MERIDAIN, ADA COUNTY, IDAHO
PARCEL "A"
0 50 100 20C
SCALE IN FEET
I" = 100'
LINE TABLE
LINE LENGTH BEARING
L-I 31.24 S 33°59'50" W
L-2 37.06 S 33°59'50" W
Meridian City Council
November 12, 2002
Page 2 of 48
Corrie: Okay. Motion has been made and seconded to approve the agenda with the
adoptions. Is there any further discussion? Okay. Hearing none, roll call vote.
Roll call vote: McCandless, absent; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes. One absent. Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of September 3, 2002 Pre-Council Meeting:
B. Approve minutes of September 3, 2002 City Council Regular
Meeting:
C. Approve minutes of September 17, 2002 Pre-Council Meeting:
D. Approve minutes of September 19, 2002 City Council Special
Meeting:
E. Approve minutes of September 24, 2002 Pre-Council Meeting:
F. Approve minutes of October 2, 2002 City Council Special Meeting:
G. Findings of Fact and Conclusions of Law for Approval: AZ 02-
016 Request for annexation and zoning of 42.72 acres from RUT
to R-8 zones for proposed Sundance Place Subdivision by G.L.
Voigt Development -east of North Meridian Road and north of East
Ustick Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 02-
010 Request for Preliminary Plat approval of 144 building lots and
5 other lots on 42.72 acres in a proposed R-8 zone for proposed
Sundance Place Subdivision by G.L. Voigt Development: east of
North Meridian Road and north of East Ustick Road:
I. Findings of Fact and Conclusions of Law for Approval: PP 02-
014 Request for Preliminary Plat approval of 439 building lots and
50 other lots on 209.01 acres in an R-4 zone in a Planned Unit
Development for Bridgetower Crossing East Subdivision by
Primeland Development -northeast corner of North Ten Mile Road
and West Ustick Road:
J. Approve Meridian Police Department to apply for Idaho
Highway Safety Grant:
Meridian City Council
November 12, 2002
Page 3 of 48
K. Corrected Water Main Easement for Silverstone Subdivision -
Sundance Investments Limited Partnership:
Corrie: With that we will move to Item Number 4, that's the Department Reports,
Financial Department, Stacy -- no, I'm sorry. Okay. Now we have the approval of the
Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we approve the Consent Agenda with the noted changes of G and H being
tabled to November 19, 2002 and Item I being tabled to November 19, 2002 and have
the Mayor sign and the Clerk attest where appropriate.
De Weerd: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none,
roll call vote, please.
Roll call vote: McCandless, absent; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: All ayes. One absent. Motion carried. Thank you, Mr. Nary. I keep forgetting
that for some reason.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports:
A. Finance Department -Stacy Kilchenmann:
1. Finance Report:
Corrie: All right. Now, then, we do have the Department Reports. Finance
Department, financial report, Stacy Kilchenmann. Stacy.
Kilchenmann: Mayor, Members of the Council, the first thing I'd like to do is introduce to
the Council members our new I.S. person, who will be the only I.S. person for at least
the next three years, that's Mr. Terry Paternoster. He went through -- we had a rigorous
interview panel, we actually included somebody from Boise's I.S. staff and Terry passed
with flying colors, so we have a long to do list for him already. He's going to be
accomplishing a lot. November 18th is his first day and he's got about 60 things to do.
We will also be giving him your phone number to him -- him your phone -- give him --
give you his phone number -- there, I spit it out -- so you can contact him with your
questions. We are happy to have you aboard, Terry.