Sanitary Sewer Easement with Tuscany Development, Inc. for Tuscany Village Subdivision September 23, 2003ADA COUNTY RECORDER J. DAVID NAVARRO B
BOISE IDAHO 09/30/03 02:16 PM
DEPUTY Kathy Ingraham ii
AMCd an CityREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~I~
OUNT .00 1031 X5980
SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~ day of between Tuscan~Development, Inc., the
parties of the first part, and hereinafter called t e 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 right-of--way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer 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 sewer
line 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 sanitary
sewer line 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
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
30305.Sewer Main Easement Page 1
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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.
STATE OF IDAHO
ss
County of Ada )
On this ~ day of ,~ ~ n e , 2003 before me, the undersigned, a Notary
Public in and for said State, personally appeared Greg_Johnson , known or identified to me
to be the president of Statewide Construction, Inc. that executed the within 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.
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NOTARA Y n UBLI~ Q~ IDAHO
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30305.Sewer Main Easement Page 2
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Attest by William G. Be g, C ty Clerk ~'~ ~,~ AUNTY ~ \\~.~`
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Approved By City Council On: ~, ~~ ~ C~l~~
30305.Sewer Main Easement Page 3
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STATE OF IDAHO, )
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County of Ada )
On this~day of ,~f~~~Y~l(~e,i1. , 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
ofFcial seal the day and year first above written.
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~ NOTARY PUBLIC FOR IDAHO
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EXHIBIT "A"
DESCRIPTION FOR SANITARY SEWER EASEMENT
PROPOSED TUSCANY i'b~5"~ SUBDIVISION
V;-h9Q
June 16, 2003
An Easement for a City of Meridian, mainline sanitary sewer, located in the NE '/a of
Section 30, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho,
being a strip of land 30.00 feet in width, centered about the following described line.
Commencing at the northeast corner of Section 30, T.3N., R.lE., B.M., thence
S 89°42'20" W 1195.02 feet along the north line of Section 30 to a point, thence
S 00°00'00" E 25.00 feet to the BEGINNING POINT of this centerline easement
description.
Thence continuing S 00° 13' 18" W 185.09 feet to a point;
Thence N 89°42'04" E 485.43 feet to a point;
Thence S 60°20'21" E 34.42 feet to a point;
Thence S 30°14'36" E 898.80 feet to a point;
Thence S 00° 14' 18" W 191.62 feet to a point;
Thence N 89°43' 12" E 197.92 feet to a point where sanitary sewer leaves property and
enters Right of Way of Locust Grove Road, the ENDING POINT of this description.
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30305-ss2.doc
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EXHIBIT "B"
S 00'00'00" E 25.00'
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REVISION BY:
SHEET ~ OF 1
~~~~~~
30305-SS2.DWG
SANITARY SEWER EASEMENT
PROPOSED TUSCANY ~ SUBDIVISION
LOCATED IN THE NE 1/4 OF SECTION 30
T.3N., R.1 E., B.M. ADA COUNTY, IDAHO
DWG DATE: DWG N0. SCALE:
06/16/03 KDH 30305 1"= 200'
BRIGGS ENGINEERING, INC.
BRIGGS
ENGINEERS PLANNERS SURVEYORS
1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344
Meridian City Council Meeting
Septerriber 23, 2003
Pg. 3 of 44
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
014 Request for annexation and zoning of 33.25 acres from RUT
to R-8 zones for proposed Tuscany Village by Tuscany
Development, Inc. -south of East Victory Road and west of South
Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
015 Request for Preliminary Plat approval of 136 building lots and
10 other lots on 33.25 acres in a proposed R-8 zone for proposed
Tuscanv Village by Tuscany Development, Inc. -south of East
Victory Road and west of South Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-029 Request for a Conditional Use Permit for a Planned Unit
Development with reduced lot widths and setbacks for the
proposed Tuscanv Village by Tuscany Development, Inc. -south
of East Victory Road and west of South Locust Grove Road:
K. Findings of Fact and Conclusions of Law for Approval: VAR
03-012 Request for a Variance to block length requirements for a
block on the south side of Clearbrook Street for Clearbrook
Estates Subdivision by R.K. Development, LLC -west of North
Meridian Road and south of West Ustick Road:
L. Findings of Fact and .Conclusions of Law for Approval: CUP
03-024 Request for a Conditional Use Permit to construct a new
dental clinic in an L-O zone for Seegmiller Dental by Dr. Dave
Seegmiller - south of East Gala Street and east of South
Millennium Way:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-037 Request for a Conditional Use Permit to move into older
home used as office space, pave portion of adjacent lot, use as
dealership for used automobiles in a C-G zone for O.P.M.
Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview
Avenue:
N. Development Agreement: AZ 03-004 Request for annexation
and zoning of 1.37 acres from R-1 to L-O zones for Montvue
Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue
Drive:
O. Sewer and Water Main Easement for Cherry Crossing:
P. Sewer Easement for Tuscany Village:
Meridian City Council Meeting
September 23, 2003
Pg. 4 of 44
Q. Streetlight Agreement for Burney Glen No. 1:
R. Approve Contract for Stenographic Services - MD Willis, Inc.:
S. Resolution No. Approving the
Memorandum of Understanding with Meridian Firefighters
Local 2311 regarding Wages:
T. Resolution No. Approving Collective
Labor Agreement with Local #2311 International Association of
Firefighters:
De Weerd: Okay. Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with Item J being moved to
the regular agenda item as five J and for item S, the resolution approving --
understanding the Meridian Firefighters regarding wages, be tabled until October 7th,
2003, and that the Council President sign and the Clerk attest to all proper papers.
Nary: Second.
De Weerd: Okay. It's been moved and seconded with changes to items J and S. Mr.
Clerk, roll call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
De Weerd: Thank you.
MOTION CARRIED: ALL AYES.
Item 4: Department Reports
A. Finance Department:
1. Finance Report:
De Weerd: Okay. Item number four is Department Reports. We will start with item A
with the Finance Department. Stacy.
Kilchenmann: Madam President, members of the Council, I don't really have anything
in particular to point out with the financial statement this month, except for a couple
pleasant items that bond rates are going up and we have purchased some bond rates