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Sanitary Sewer Easement with Joint School District No. 2 for Linder Road Middle School (2) February 11, 2003 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02!21103 01:17 PM DEPUTY Joanne Hooper III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED-REQUEST OF MERIDIAN CITY 1 g3g2g05~ AMOl1NT .DD SANITARY SEWER EASEMENT ~~, THIS INDENTURE, made this ~ day of ~,b , 2013 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 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 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. Sewer Main Easement Page 1 EASMT.SWR.doc r 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. Sewer Main Easement Page 2 EASMT.SWR.doc i -t GRANTOR: . G~.es-~ uperintendent Joint School District No.2 I K.-e Secretary STATE OF IDAHO ss County of Ada ) On this 28+h day of JQ.1/~.I~r1,~, 20 03 ,before me, the undersigned, a Notary Public in and for said State, personaYly appeared Gnris~i n~ Dowhe-Ll and n D. S ,known or identified to me to be the President and Secretary, respective y, 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 written. •'~~~Gt~' A. D~~-i ~~'. x.•41 C' ••, .~ 4~ ~,oT~r .,.~ ~ * pVBL1G O , ~~._ c~I'T~ (~I~~EI D. Corrie, Mayor NOTARY PUBLIC FOR IDAHO Residing ~.~.alc-o Commission Expires: 3•d7-83 ``~t~,t~iuuuu-ii-~,~~ ~~~"~~, ~~ ~~~ ,~ QA ~% '~~ ."fir tS ~ ~ ~~`. Attest by William G. Berg, City Clerk '~rrtre~ ~4;attir~ Approved By City Council On: ~p~/^ypYr.( //~ Zd~~ at Sewer Main Easement Page 3 EASMT.SWR.doc Y 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, 1236.98 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, 10 feet each side of the following line, South 89°45' 15" East, a distance of 288.00 feet to the point of Termination of said easement; The above described parcel contains 5760 Square feet, or 0.13 acres more or less. (Basis of Bearing is N00° 14'45"E, for the Westerly line of the SW 1/4 of said Section 36, as shown on Record of Survey No. 5311, Ada County, Records. See EXHIBIT A ~~ ,~~, l~7 /03 ~o Page 1 of 1 December 20, 2002 • • r ,, ~ EXHIBIT A 35 ~ 36 3 89'08'37'E 1935.84' ------ W 1/4 CORNER ----------------------------- , ~ I ~ , I , ~ , I , ~ i I ' , , I ' N. ' ~ ' ~ ' ' ~ , , ~ ' , ~ , , ~~ , ,~ ~ ~, ~ `° , ~;^ ~ ~ NTS ; N ~ I_ Ri W ~ C ~I ,mp~ ~~ I~ obi ;~ o ~ Z' ,~ , I~ ~~ '~ I~ ~' ; o ,° ~ ¢~ I ~ , a= ' w• o I , z_ ' J' I , , Z~ , ' I , , I I I ' I , , CL OF 20' SEWER ~ ~ L1NE EASEMENT I I ~ i I I o ' P.O.B. POINT OF ~ S89'45 15'E ' --~_-_--_--_----- --------- EASEMENT -------------2ee.oo'--------~ TERMINATION I I ---------------- _______ ------------------ ~ s t /t s N B8'56'18'N 1333.50' __ ------ I I ~. .~ Im 35 ~ 36 _ _ T.4N., R.1 W. 2 ~'i T.3N., R.1 W. W USTICK ROAD SEC110N CORNER Meridian City 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 fora 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 Muggsy'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 fast 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 I 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 Raaids 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 11~' 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.