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Sanitary Sewer and Water Main Easement with Cobble, Jim and Shirley L. for Tuscany Lakes OffsiteADA COUNTY RECORDER J. DAVID NAVARRO 6 ~_ _ ,- BOISE IDAHD 03124/03 09:25AM DEPUTY Michelle Turner ' RECORDED-REQUEST OF II I IIIIII IIIIIIIIIIIIII IIIIIIII III III '" Meridian city 1 ~~~~~~~~ AMOUNT .00 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this a~ day of J'sf,Vaq-2 2000, among .TrnI and SHIRLEY L. COBBLE (husband and wife), the party of the first part, her inafter called the Grantor; THE CITY OF MERIDIAN, Ada County, Idaho (Public Works Department), and R CRAIG GROVES, the party of the second part, hereinafter collectively called the Grantee; RECITALS: A. The Grantor desires to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and B. The sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and C. It will be necessary to maintain and service said pipelines from time to time by the Grantee; D. Grantor and Grantee wish to enter into the following agreement to allow a sanitary sewer and water main right-of--way easement across the premises and property. AGREEMENT 1. Grant of Right. In consideration ofthe mutual promises contained herein, benefits to be received by the Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby give, grant, and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED "EXE~ITS A-[MAP] AND B-[LEGAL DESCRIl'TION OF EASEMENT STRII']") The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. 2. Right to Convey. The Grantor does 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. SANITARY SEWER AND WATER MAIN EASEMENT -1 X11900 1045 BOI MT1:280249.1 3. Repairs and Replacement to Sanitary Sewer and Water Mains. It is expressly understood and agreed, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing, or restoring any permanent structures, large trees, or brush place within the area described in this easement. 4. Placement of Structures and Large Landscaping. The Grantor does hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 5. Succession. The said easement and right-of--way shall inure to and shall be binding upon the heirs, personal representatives, successors, and assigns of the parties. IN WITNES S WHEREOF, the said party ofthe first part has hereunto subscribed his signature the day and year first herein above written. GRANTOR: ~~ r ~i 1 ~_.. COBBLE SHIRLEY L. CO BL GRANTEE: THE CITY OF MERIDIAN, Ada County, Idaho Its: : rlo.uo r ~~~~ti1r;~i~~~~~~G GROVES `.~' ~~ G. 3Q.- Ste. C~ e ~~ SEAL ~ oM Pt's ~~ Q T '1s~ • ~• .~• '~ P . SANITARY SEWER AND WATER MAIN EASEMENT - 2 ~119~~ 145 BOI MT1:280249.1 STATE OF IDAHO ) C~~~i~ ) § County of~4da ) On this day of 2000, before me the undersigned, a Notary Public in and for said State, personally ap ared .TIlVI d SHIRLEY L. COBBLE, known or identified to me to be the persons who executed this instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wI~ ~-? ~~~ ©©®©C30p ~~~ ~ ~ O• ~'^3 O a ~o ~®TA4g~~,,,. a • ~, u ®*® ~®® m ~ ~' U B t,~~` ®~' NOTARY P IC FOR IDAF~O • ~/ •~°'o~~' 0••°••oe~®°°®®©®.°•~~ Residing at ° -~ °°A®q' E®®pea ~ ~,.°° Corrunission Expires: STATE OF IDAHO ) )§ County of Ada ) On this ,~ day of 1~~-G~.~z- , Z$69, before me the undersigned, personally appeared l~ ~ +~~ ~.~ * (~s~~~ known or identified to me (or proved to me on the oath of ) to be the ,~ of THE CITY OF MERIDIAN, Ada County, Idaho, the municipality that execu d the instrument or the person who executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••''~~~ O V NOTARY PUBLIC FOR IDAHO ~~ 8~ .•` ~P •.••••••. 1, f~ Residing at ~/k~Aa~._.~ ~ ~,••~o,~ A~ Y My Commission Expires f~~i2-a ~•~ ~r G * PUBL1 p r'r$ of 1°,.•°• SANITARY SEWER AND WATER MAIN EASEMENT - 3 011900 1045 BOI MT1:280249.1 STATE OF IDAHO ) )§ County of Ada ) On this day of 2000, before me the undersigned, personally appeared R CRAIG GROVES, kr~ or identi ed to me (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .1~,,...~. ,~ . ~~ '~~i~~:...... = ' - s NO ARY PUBLIC FOR IDAHO ~' ~~) ~~ ~ + ~' ;°~~ Residing at - ~ ~ - "" `~~ ~ - My Commission Expires .,.~ ~.~ '~ - - ~ ,. SANITARY SEWER AND WATER MAIN EASEMENT - 4 011900 1045 BOI MT1:280249.1 See attached. EXHIBIT A 011800 1752 EXHIBIT A m z c~ r+~ r', z cn z O w m ~ ~ m C.i) N rn II rr, "~ ~y N h o a v~ c-~ - ° X + ~ m ~ c ~ n o W m ~ C ~ z ~ ~ =° ~ m ~ o -+ m ~ ~ C ~.~ ~_ in C7 ~ m w ~ O Z ~ as rn w z --i ~o ~ m <o m g -~- A ~ _ m °A ~ ~ ; o V ~ u ~_ °o '' A V3 ~' ~ t ~ u n I $ ~"' - - ~p. (~ rti rn ;° w I~\ ( ` Y' ~~ - VICTORY ROAD EXHIBIT B DESCI~IPTIt7N PC1R SANITARY SEWER E,4$EMENT TNRCJUCH CbBBLE PROPERTY January 16, 2000 An easement for sanitary sewer, located in the SE 1/4 of Section 19, Township 3 North, Range '! East, Boise Meridian, Ada County, ldaha, being a strip of land 30.00 feet in width, 15.00 feet on either side of the following described centerline: Commencing at the SW corner of the SE'/ at Section 20, T.3N., R.1 E., B.M., thence N 00°34'2G" E 1~C9.96 feet along the westerly boundary. line of said SE'/ to the REAL POINT OF BEGINNING of this centerline~descriptlon; Thence S 26°52'14" E 251.05 feet to a point; Thence S 50°26'42" E 296.43 feet to a paint; Thence S OD°16'59" W 838.86 feet to a point; Thence S: 04°28'56" W 392.89 feet to the ENDING POINT of this centerline description, said easement containing 53,343 S.F., more or less. Michael E. Marks, P. L. S. No. 4998 EXHIBIT B 011800 1753 601 MT1:280249.1 Meridian City Council March 4, 2003 Page 2 of 51 Nary: Second. Corrie: Motion has been made and seconded to adopt the agenda as corrected. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3. Consent Agenda: A. Approve minutes of January 14, 2003 City Council Regular Meeting: B. Approve minutes of February 11, 2003 City Council Regular Meeting: C. Approve minutes of February 11, 2003 Pre-Council Meeting: D. Approve minutes of February 18, 2003 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAR 03-002 Request for a Variance to allow a one year Time Extension for filing the Final Plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. -south of East Franklin Road, west of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates -west of North Locust Grove Road and south of East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: CUP 02-041 Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates -west of North Locust Grove Road and south of East Fairview Avenue: I. 2003 Sewer Cleaning Project -Award Bid: .~. 2003 Touchmark Crossing Water Main Extension -Award Bid: K. Change Order No. 1 White Drain Sewer Trunk Project: Meridian City Council March 4, 2003 Page 3 of 51 L. Sanitary Sewer Easement -Jim and Shirley Cobble (for Tuscany Lakes Subdivision) M. Aaarove Bills: Corrie: Item 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move -- well, we -- 1 better take Item G, we moved to regular Item 5-G on the Regular Agenda and the rest of it I would move that we approve and for the Mayor to sign and the Clerk to attest on the proper papers. McCandless: Second. Corrie: Excuse me. Motion has been made and seconded to approve the Consent Agenda with moving Item 3-G to 5-A. 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 is carried. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. Public Work's Department -Brad Watson: 1. Request for Sewer Service -Anthony Mahaty, 2075 West Franklin Road: Corrie: Department Reports, 4-A, Public Works Department. Brad Watson. Watson: Thank you, Mr. Mayor and Council Members. You should have in your packets a letter from a Richard Kartchner requesting connection to the city sewer system, specifically, without annexation. This property is on the south side of Franklin Road, west of Linder Road, directly across Franklin from the Sanitary Services site being developed currently. They came to me a week or so ago requesting this very specific ability to have only sewer service, no water service, and not to have to annex. The ordinance allows the Public Works director to approve up to four equivalent connections for residential use. They have stated that this will be a church project, so that's why it is in front of you. I feel like I'm leaving out some facts, but if there are any questions I'd be happy to answer those.