Sanitary Sewer Easement with Joint School District No. 2 for Linder Road Middle School February 11, 2003.S ~ f ~~ ~
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ADA COUNTY RECORDER J, DAVID NAVARRO 5
B01SF IDAHO 02!21103 01:17 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIiIII III
MERIDIAN CITY 1 ~~~~~~~~
AMOUr~~ ~~
SANITARY SEWER EASEMENT ~~.
THIS INDENTURE, made this ~ ~ ~ day of ~l~0 , 2043 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 sanitary sewerright-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 LEGAL DESCRIPTION and EXHIBIT A)
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.
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.
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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
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.
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GRANTOR:
uperintendent
Joint School District No.2
Secretary
STATE OF IDAHO
ss
County of Ada )
On this a ~k day of S Y , 20 03 ,before me, the undersigned, a Notary
Public in and for said State, persona y appeared f~,y~i~'vtG l~Ownell.. and
'i'yl j •j~. ,known or identified to me to be the President and
Secretai ,respectively, of the corporation 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.
T 15 .~ ~.
f,`l~ff~fiJ4i~e 9z'i1F~~~\\\ \
Attest by William G. Berg, Ci Clerk
,,°•4~~1p a. ~Gti
,` ~ n OTARY PUB IC FOR IDAHO
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RIDIAN ~~ ~'~ =~ `'~
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D. Corrie, Mayor '~ ~`~ ,.
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Approved By City Council On: ~drU RYN 1 ~, 200
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LEGAL DESCRIPTION
Linder Road Middle School
Joint School District No. 2
PERMANENT SEWER EASEMENT
Being a parcel of land situated within the NW1/4,SW1/4 of Section 36, Township 4 North, Range 1 West,
Boise Meridian, Ada County, State of Idaho, as shown on Record of Survey No.5311, Ada County Records
and more particularly as follows:
Commencing at the Southwest Corner of said Section 36, Township 4 North, Range 1 West, Boise
Meridian.
thence along the westerly line of said Section 36, North 00° 14'45" East, 2637.42 feet; to a Brass
cap at the W1/4 corner of said section 36;
thence along said westerly line South 00° 14'45" West, 836.98 feet, to a point said point also being
the Real Point Of Beginning;
thence leaving said westerly line along the centerline of a sewer line easement being 20 feet in
width and 10 feet each side of the following line, South 89°45' 15" East, a distance of 157.91 feet
to the point;
thence continuing along said centerline South 00° 14'45" West a distance of 190.00 feet to a the
point of Termination of said easement;
The above described parcel contains 5760 Square feet, or 0.15 acres more or less.
(Basis of Bearing is N00°14'45"E, for the Westerly line of the SW1/4 of said Section 36, as shown on
Record of Survey No. 5311, Ada County, Records.
See EXHIBIT A
Page 1 of 1 December 20, 2002
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P.O.B.
EXHIBIT A
35 ~3/4 CORNER ___________ 3 88'09'97 _1995.94'
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Meridian Citv Council Meeting February 11, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on
Tuesday, February 11, 2003, by Mayor Robert Corrie.
Members Present: William Nary, Tammy de Weerd, and Cherie McCandless.
Member Absent: Keith Bird.
Others Present: William Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken
Bowers, Mike Worley, Dean Willis, and Will Berg.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless Keith Bird
X Mayor Robert Corrie
Corrie: All right. I will open the City Council Regular Meeting, Tuesday, February 11,
2003, at 7:00 and would like to have the City Clerk give us the roll call attendance,
please.
Item 2. Adoption of the Agenda:
Corrie: Okay. Item Number 2 is adoption of the agenda. Council, are there any
additions or corrections to the agenda?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: We got a request from the developer on Item 10, so I'd request that we move
Item 10 up to Item 4 before the Department Reports, the Final Plat approval for Salmon
Rapids No. 5, and I think other than that I don't think there was anything else to change.
Corrie: Okay. Any others? All right.
Nary: If there are no objections I would move to adopt the agenda as printed, with the
one amendment.
McCandless: Second.
Corrie: Motion has been made and seconded to adopt the agenda with the one
amendment. Is there any further discussion? Hearing none, all in favor say aye. All
ayes. Motion carried.
Meridian City Council Meeting
February 11, 2003
Page 2 of 45
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of January 21, 2003 City Council Regular
Meeting:
B. Approve minutes of January 28, 2003 City Council Regular
Meeting:
F. Findings of Fact and Conclusions of Law for Approval: CUP
02-043 Request for a Conditional Use Permit fora Planned
Development for drive-thru facilities on pre-approved bank in a C-C
zone on 0.89 acres for Albertson's Employees' Federal Credit
Union by Albertson's Employees' Federal Credit Union -south of
East Overland Road and east of South Eagle Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
02-042 Request for a Conditional Use Permit for adrive-thru
window for a coffee and ice cream shop in a C-N zone in the
Linder Crossing retail center by Stubblefield Development
Company -southeast corner of West Cherry Lane and North
Linder Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
02-044 Request for a Conditional Use Permit for a sports bar and
grill in a C-G zone for Mu4ctsy's Bar & Grill by Michael
McGuinness -south of East Fairview Avenue, east of North Locust
Grove Road on East Wilson Lane:
I. Findings of Fact and Conclusions of Law for Approval: AZ 02-
026 Request for annexation and zoning of 35.94 acres from RUT to
R-8 zones for proposed Burney Glen Subdivision by Properties
West, Inc. -east of North Meridian Road and north of East Ustick
Road:
J. Findings of Fact and Conclusions of Law for Approval: PP 02-
025 Request for Preliminary Plat approval of 119 building lots and
12 other lots on 35.94 acres in a proposed R-8 zone for proposed
Burney Glen Subdivision by Properties West, Inc. -east of North
Meridian Road and north of East Ustick Road:
K. Findings of Fact and Conclusions of Law for Approval: VAR
03-001 Request for a Variance to allow two block lengths to
exceed the one thousand foot maximum block length for proposed
Meridian City Council Meeting
February 11, 2003
Page 3 of 45
Burney Glen Subdivision by Properties West, Inc. -east of North
Meridian Road and north of East Ustick Road:
L. Baldwin Park Subdivision Water Latecomer Agreement:
M. Revised Silverstone Subdivision Water and Sewer Latecomer
Agreement:
N. Heritage Commons (Quenzer Commons) Subdivision No. 1
Streetlight Agreement:
O. License Agreement with Nampa & Meridian Irrigation District -
Five Mile Creek Sewer Crossing:
P. Water Main Easement, Linder Road Middle School -Joint
School District No. 2:
Q. Sewer Main Easement, Linder Road Middle School -Joint
School District No. 2:
R. Sewer Main Easement, Linder Road Middle School -Joint
School District No. 2:
S. Agreement for Professional Services with HDR Engineering for
Safety Audit of Meridian Facilities:
Corrie: Item Number 3 is the Consent Agenda.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of the Consent Agenda, Items 3A through 3S, with the
Mayor to sign and the Clerk to attest to all the agreements as necessary.
Hawkins-Clark: Excuse me, Mr. Mayor?
Corrie: Yes, Brad.
Hawkins-Clark: I'm sorry. We did have one modification --
Nary: Oh, I'm sorry.
Hawkins-Clark: -- to 3D and 3E. If you recall, this was tabled from last meeting to this
meeting, so I would request if you will open to that, Councilman Nary, to move to Item
Number 5.
Meridian City Council Meeting
February 11, 2003
Page 4 of 45
Nary: Mr. Mayor, I guess 1 had missed that. I do remember seeing something in there
about that as well. Would C be as well? Shall we just do all three of those for
publishing?
Hawkins-Clark: That would be fine.
Nary: Okay. Then, I would move that we move Items 3C, D, E down to be 5C, D, E
and, then, again move to approve the Consent Agenda 3A and B and, then, F through S
and for the Mayor to sign and the Clerk to attest to all of the agreements as necessary.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: Okay.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 10. FP 03-003 Request for Final Plat approval of 19 building lots and 2 other
lots on 6.5 acres in an R-4 zone for Salmon Rapids No. 5 by Brahma,
LLC -north of Victory Road and west of Locust Grove Road:
Corrie: Item Number 4 is the Department Reports, but we have an Item Number 10 to
be in place of that one first. Item Number 10 is a request for Final Plat approval of 19
building lots and two other lots on 6.5 acres in an R-4 zone for Salmon Rapids No. 5,
north of Victory Road and West of Locust Grove Road. Staff comments first.
Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This Final Plat is for
19 building lots, two other lots, on six and a half acres. The Preliminary Plat was
approved a couple of months ago by the Council and staff did review the Final Plat. It is
in conformance with the Preliminary Plat. Here on the screen is the proposed Final plat.
They are reflecting the two common lots here in the very south -- southwest corner and
they do have a common lot for landscaping just north of the cul-d-sac as well on Pine
Bar Place. Staff has recommended conditions in our February 11th memo and I believe
we do have a response in writing from Mrs. Bowcutt, the representative, and they are in
agreement with our conditions. I think that's all I have to point out on that application.
Corrie: Okay. Are there any questions from Council and staff? Okay. Is the developer
representative here tonight? Do you have any -- everything is okay, then? All right. Let
the record show that the representative from Salmon Rapids is in agreement with the
city staff comments. Is there any further discussion, Council? Okay. I will entertain a
motion on the Final Plat request.