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Water Main Easement with M3 Properties for Cobre Basin Subdivision No. 1ADA COUNTY RECORDER J, DAVID NAVARRO B BOISE IDAHO 09115!03 11:50 AM DEPUTY Joanne Hooper RECORDED-REQUEST OF III I'IIIIIIII'll'IIIIIIIIIIIIII II I'll MERIDIAN CITY I AMOUNT .00 10315~45~ WATER MAIN EASEMENT Cobre Basin Subdivision No.l ti THIS INDENTURE, made this ~ day of 'r _, 20~between M3 Properties LLC, the parties of the first part, and hereinafter called the Grantors, and the City ofMeridian, 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 and service 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 and maintenance 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 main 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Cobre Basin Page 1 30210wat-hav3. oc ~ i Page f l (~ 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. GRANTOR: M3 Properties LLC J 'n Martin, Managing Member STATE OF IDAHO ss County of Ada ) On this ~~ 'ttay of , 20~, before me, the undersigned, a Notary Public in and for said State, pe •sonally appeared Justin Martin, known or identified to me to be the managing member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _~ 5,~~,V EN ~~.,~, O s~ ` ~- A :7~ _ _. GRANTEE: ~~'~r~~ NOTARY PUB//LIC FOR IDAHO Residing ~~r(~c, ~'I. o Commission Expires: 5 /? /d at Cobre Basin Page 2 30210w~at-gev oc \\\~~„iiuirrurrrr~~ G `~~oR~ ~ rFo Robert D. Corrie, Mayor = SEAL ~' 9j_ ~~~~ 0 \`` ' 9 Attest by William G. Ber , C' y Clerk ~''~.,, c~UNT`l ~ ~~~~~`~ '~~unr n,~~~~~~ n Approved By City Council On: Cobre Basin Page 3 30210wat-hav3.doc Paee ~~ STATE OF IDAHO, ) ss. County of Ada ) On this ~~~ day of ~~J~Civ~~U~,'1 , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~sa..~ .t ,1J„ (SEAL) ~y~'~O ~~'~,~• NOTARY PUBLIC FOR IDAHO o RESIDING AT: r~~~ CvG~n~~ ~-~'~-~~~ I ~ MY COMMISSION EXPIRES: -2 -r~~ ~ • . • ~..~jgg,1G : o: pAge~o~ EXHIBIT "A" DESCRIPTION FOR COBRE BASIN SUBDIVISION NO. 1 CITY OF MERIDIAN WATER LINE EASEMENT THROUGH HAVASU CREEK SUBDIVISION NO. 3 July 22, 2003 AN EASEMENT FOR WATER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Section 31, T.4N., R.IE., B.M., thence S 00°30'06" E 1805.72 feet along the west line of said Section 31; thence N 90°00'00" E 3116.05 feet to a point on the westerly boundary of proposed Havasu Creek Subdivision No. 3, the BEGINNING POINT of this centerline description; Said easement being 10 feet on each side of the following described line: Thence S 84°16'07" E 37.56 feet to a Point; Thence S 89°43'01" E 107.39 feet to a Point; Thence N 00°34'16" E 313.53 feet to a Point; Thence N 09°07'32" W 79.51 feet to a Point; Thence N 19°48'08" W 44.61 feet to a Point; Thence N 30°28'44" W 39.70 feet to a Point; Thence N 30°28'44" W 58.26 feet to a Point; Thence N 19°07'28" W 55.01 feet to a Point; Thence N 09° 16'54" W 53.14 feet to a Point; Thence N 00°33'41" E 359.65 feet to a Point; Thence N 67°47'55" E 37.82 feet to a Point; _~'~D T 9 C Z ~ ~ "~' o w ~'~~L E Thence S 89°57'51" E 99.30 feet to a point on the Easterly boundary of Havasu Creek Subdivision No. 2, the ENDING POINT of this centerline description. 30210-wease2.doc e ~_~~ N. MERIDIAN ROAD I - - - S 00'30 06" E 1805.72 I I I I I I I I= I to Ig Ig I a I~ Iw I~ Io I~ I I I I I I r--- I -- -- - -- - I I I n I ~ 1 I ~ 1 ~ i I 1 I I 1 1 I I I o i ~~ I ~ 1 I ~ I m I C crni I 1 1+'i Z 1 z I I ~ I m ~ i 1 I - v - s 1 L1 i l l l l L~__L~_J i~?~ 1 w:u ~ ~' R. 1 W. W w R. ~ E- r+ p -~! i II - J - ~ I I ~ _ II t7 I - -1 I II 1 1 I OI . REV'S'DN : BY: WATER LINE EASEMENT CITY OF MERIDIAN SHEET 1 OF 1 LOCATED IN THE NORTHEAST CORNER OF SECTION 31 T. 4 N., R. 1 E., B.M. ~~~~~~~ ~ MERIDIAN, ADA COUNTY, IDAHO DWG DATE: DWG N0. SCALE: 30210-WEASE2.DWG 07/17/03 KDH 30210 1 "= 500' EXHIBIT "B" ~~---z j N j J j O r tD r OD r V r O~ r C.7~ r ? r W r N r -.. Z C ~ W m z z z z z z cn z z cn cn cn 00 co 0 v 0 o 0 ~ cD w o w o ~ cq o cD o o ao cD 00 .la 0 ~ cn ~ ~,., ~ o N N ~ o w .P ~ m ~I V W ~ V N DO DD OD 0 ~I ? W O~ -~-d (~7~ ~ ? O D A ? 0 0 N O~ ~ ~ O . . . Z ~ m rn ~ ~ ~ rn ~ ~ ~ m rn ~ v ~ W CST ~ cW0 ~ cV0 ~ ~ v ~ W O OD N ~ E . ~ ? O -+ N ~ V O O] ~ CT ~ w W ~ cW0 CT O -1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Z m r F---0 a r t~ BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERUWD ROAD ' BOISE, IDAHO 83705 • (208)344-9700 Meridian City Council Meeting September 2, 2003 Page 2 of 51 MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the Final Plat for Packard Acres No. 2 by the City of Meridian -east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation -east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No. 1: G. Change Order No. 1 for 2003 Sewer Cleaning - C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUB Engineers: I. Approve Bills: Corrie: Next we have 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 attest on all proper papers. McC~ndless: Second. Meridian City Council Meeting September 2, 2003 Page 3 of 51 Corrie: Motion has been made and seconded to approve the Consent Agenda, A through I. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make sure that everybody is aware that the auditorium at the middle school. They want to have a signed consent for two hours for October 9, 2003, for the Fire Department academy graduation and everything was in order here, I believe, Mr. Nichols, that we just need to have me sign it to allow them to have the academy graduation there. I don't -- unless you have any objections to the signing. Bird: No. Corrie: All right. Thank you. Nichols: Mr. Mayor? Corrie: Yes. Nichols: Mr. Mayor, Members of the Council, this is a standard form agreement the school district requires of every entity that uses their facility. It covers insurance, janitorial, and those sorts of things and as often as we might use those facilities, it might be, you know, a continuing type approval to do that, as long as it's nothing out of the ordinary. I guess we might ask them -- of course, they no longer use this facility and I don't think we have asked them to do it before when they have used this facility for their meetings, so --but they required it. Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Number 5 is items moved from the Consent Agenda. We haven't any. Item 6. Ordinance No. AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for proposed Trailway Park Subdivision by Hillview Development Corporation -east of North Meridian Road and south of East Blue Heron Lane: