Water Main Easement with Joint School District No. 2 for Meridian Bus Facility 446ADA COUNTY RECORDER J. DAVID NAVARRO u
BOISE IDAHA 09!15103 11:50 AM
DEPItTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III
MERIDIAN CITY t ~~ 1 ~~,~,~~
AMOUNT .DA
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day ofi, 20~'~between Joint School District No. 2, 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 LEGAL DESCRIPTION and EXHIBIT A)
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.
In consideration of allowing Grantee to perform work on and/or operate within the said
described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's
successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to
persons, and damages to property, damages, costs, charges, and expenses, including all court
cost and attorneys fee, and against any and all liability, losses and damages of any nature
whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by
reason or as a result of Grantee performing, working on and/or operating within the here in
above described parcel; provided that the damages are not caused by the negligence or other
breach of legal duty by Grantor.
Water Main Easement Page 1 P~~
EASMT. WTR.doc
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.
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.
Water Main Easement Page 2 ag' ~,
EASMT. WTR.doc P
GRANTOR:
~ .
Su intendent
Joint School District No. 2
~.
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~ z+h day of Q usf , 20~, before me, the undersigned, a Notary
Public in and for said State, pe sonally appeared G~ r~ 5}I vt e 1~nhel ( and
M.qr' n D. ,known or identified to me to be the President and
Secret ,respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
S WHEREOF, I have hereunto set my hand and affixed my official seal the day
above written.
'ate ~oTq$j' ~y . ~~,~1c~-~. gyn.
~~,~ * ~ NOTARY PUBLIC FOR IDAHO
Pp8L1G ,
p Residing M.etri~.~.t.~, ~~
~~'•,`~?q?, 194.x.` Commission Expires: M~'cL-. a7, a0a 9
..__ ~' OF _..~
GRANTEE: CITY OF MERIDIAN ,.~`~~~y OF ~ER~pi~~%%
EAL -
Robert D. Corrie, Mayor ~ o~
X90 GST~S~. 1.
iU~ / ~ r /,',~~~'9 COUNTY , ~~P.~~`\`.
~rlit n~~ti~~~
Attest by William G. B g, ty Clerk
Approved By City Council On: ~~~~~ ~Y ~~~
at
Water Main Easement Page 3
EASMT.WTR.doc p~ 2
STATE OF IDAHO, )
ss.
County of Ada )
On this~day of ~~P-- J-~~;~w~~n. , 2003, before me, the
undersigned, a Notary Public in and for sai 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.
r.r^^•.
(SEAL) ~~,.~OT~P,~~?,~..
•
. ~ .
,.
:~
•rrrrrr
~~ L ~- ~~ ~ ~-~
NOTARY PUBLIC FOR IDAHO
RESIDING AT: ~-- Cvc~,, ..~?d~,~
MY COMMISSION EXPIRES:~~S
Page ~ ~~
LEGAL DESCRIPTION FOR PERMANENT WATERLINE EASEMENT
FOR PARCEL A
OWNED BY: JOINT SCHOOL DISTRICT N0.2
This permanent water line easement being a portion of parcel A situated within the SE 1/4 of
Section 11, Township 3 North, Range 1 West, City of Meridian, Boise Meridian, Ada County,
State of Idaho. Being an easement 20.00 foot in width, l0 feet each side of the following
centerline more particularly described as follows:
Commencing at the S1/4 corner of said Section 11; thence N 89°16'00" E, a distance of
2657.82 feet along the southerly line of said Section 11 to the SE corner of Section 11;
thence S 89°16'00" W, a distance of 1172.00 feet to a point on southerly line of said Section
11; thence leaving said southerly line N 00°58'55" W, a distance of 1328.08 feet to the
POINT OF BEGINNING.
Thence along the following courses:
S 89°01'05" W, a distance of 19.48 feet;
N 51°44'55" W, a distance of 191.02 feet;
S 38°15'05" W, a distance of 245.28 feet;
S 51°44'55" E, a distance of 28.54 feet;
N 51°44'55" W, a distance of 28.54 feet;
S 38°15'05" W, a distance of 31.73 feet;
N 51°44'55" W, a distance of 60.58 feet;
S 51°44'55" E, a distance of 60.58 feet;
S 38°15'05" W, a distance of 100.85 feet;
N 51°44'55" W, a distance of 431.39 feet;
N 38°15'05" E, a distance of 39.64 feet;
S 38°15'05" W, a distance of 39.64 feet;
S 51°44'55" E, a distance of 431.39 feet;
S 38°15'05" W, a distance of 341.86 feet;
S 83°15'05" W, a distance of 14.14 feet;
S 38°15'05" W, a distance of 63.68 feet;
S 89°59'30" W, a distance of 151.90 feet;
The easement described contains 1.14 acres more or less.
S 00°58'55"E, a distance of 839.66 feet to the southerly line of said Section 11 and the
END POINT of this easement description.
EXH/B/T A
~~~
~,~
,~~
,~
~~
~o
Q ~,
J
t0
N
.~
IN
I'
II
~ I~
a l
i
l
II
~ S_00'_5_8'S5"E
O
m~
O ~I o
~I
I
~
I
~I~~
Z of
it
~ ~
D~ ~
D
rn I ~ n
I
~
0 ~ r
O
m I
II
II
Cn
~ J I
I
~ - -
N - -
~ •----••-.. --• --------• ........................•-- N 00'58'55" W
N
OD • y
v m
I~
. Of
•O
~
I
f
I N fTl
n
O
'O
~ ~ , J L/NDER ROAD
n
~ ~
W N
m
V
N
N
? W
~_ N
c
N
i
i
i
--- --~
~o I
~D I
D ~ ~
~°
~o< ,~
~T'z i ~'I
D to ~~ %
~y , ;,'1
/,~, z
~/~i~ ~ O
,~y i j i...,r
i /%: ~ 1
~ / /i~'+~
I-
~ ~ ~ ~" 7~~
~ ' ~ ~ < `
~ ~ ~ ~ w ``:
/~ / ~~ ,,°o a4 ~n
I ~ j~ o~~;m
I / ~// .N wa m
~/f~~i ~ ~
i ! i~
i
~ / 1328.08' .................._.._...
-- _-_'~
~~~
N
N
N
.~ I
z
\; ~ ~
,\ `° ~
i ~' I N N
,'/• ~
N
i0 ~
~ ~ O
O
m U
W
Z
Z
~ U1
C
G
Page ~ ofd
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.
McCandless: 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 Trailwav Park Subdivision by Hillview Development
Corporation -east of North Meridian Road and south of East Blue Heron
Lane: