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Water Main Easement with Wingett, Gary D. and Rosalie B. for Cascade Fence CompanyADA COUNTY RECORDER J. DAVID NAVARRO 4 BOISE IDAHO 04/09103 11:27 AM DEPUTY Bonnie Oberbillig III II VIII II III IIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF Meridian City 1 ~~~~$~~~ AMOUNT .00 WATER MAIN EASEMENT THIS INDENTURE, made this 7`~' day of March, 2003 between Gary D. Wingett and Rosalie B. Wingett, 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 Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main 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 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. 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 construction, 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 construction, 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 Water Main Easement Page 1 MERIDIAN EASMT WTR.doc 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. GRANTOR: :.,.=-- Gary/~D. Wingett Rosalie B. Wingett STATE OF IDAHO ) ss County of Ada ) On this ~~ day of , 20 ©3, before me, the undersigned, a Notary Public in and for said State, personally appeared (Tary D. Wingett and Rosalie B. Wingett, known or identified to me to be the persons whose names are subscribed to the within instrument, and they 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 fist above written. A • '~ • 11pTAR~. :O: U i • ' • ~•.~ G In ~°UBLZ ,~JV~ •••• •••O~ ~ •••••• .,,~~ rF OF ~n 09 ~~G""!" ~~ CITY OF MERIDIAN NOTARY PUBLIC FOR IDAHO Residing at S-~ Commission Expires: ~- -Od' ```~~~~niui~ni~~o~f CJ a~pt~ RgT~O ~rt D Corrie, Mayor $~~L `~ ~GC~ ~~~~ ~~ Attest by William G. Berg, ty erk ~`- ~ ° ~ - ~•~ •~~ ~.. ~ ho r~ -. ~< Approved By City Council On: ^F- ~ -~~ , . Water Main Easement Page 2 MERIDIAN_EASMT WTR.doc EXHIBIT A DESCRIPTION FOR CASCADE FENCE COMPANY WATER MAIN EASEMENT A water line easement being a portion of parcel lA on Record of Survey No. 3738, Records of Ada County, lying in the SE 1/4 of Section 11, T.3N., R.1.W., BM, Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast corner of said Section 11; Thence N00°58'55"W, 392.80 feet, along the Easterly boundary line of said Section 11, to a point; thence leaving said Easterly boundary line S89°01'05"W, 35.00 feet, to a point; thence N00°58'55"W, 21.30 feet to the REAL POINT OF BEGINNING of said water line easement; Thence S90°00'00"W, 278.94 feet to a point; Thence S00°00'00"W, 26.32 feet to a point; Thence S89°01'05"W, 19.72 feet to a point; Thence N00°00'00"E, 46.59 feet to a point; Thence N90°00'00"E, 155.87 feet to a point Thence N00°00'00"E, 10.00 feet to a point; Thence N90°00'00"E, 15.00 feet to a point; Thence S00°00'00"W, 10.00 feet to a point; Thence M90°00' 00"E, 84.67 feet to a point; Thence N00°00'00"E, 15.00 feet to a point; Thence N90°00'00"E, 15.00 feet to a point; Thence S00°00'00"W, 15.00 feet to a point; Thence N90°00'00"E, 27.78 feet to a point; Thence S00°58'55"E, 20.00 feet to the point of beginning, comprising 6,857 square feet more or less. ~' ~®~o tip18TEq~o ~~ < d 510 m 3 '~ `b~ ~~rEOF~~p~~ ~4S G. 9~ RIGHT-OF-WAY DEDICATION & WATER MAIN EASEMENT FOR CASCADE FENCE COMPANY EXHIBIT B ~ ~~ 50 0 100 SCALE: 1"=100' ~-RPOB R/W PRESCRIPTIVE R/W UNE~ / DEDICATION 1213 CINDER ROAD -r-- ~ ~- BASIS OF BEARING- 11 14 - - - - - - - - 0'S 'S~ 2 ~ ~ ~' 50058'55"E 392.80' ~ ~~ xopo' ai.x ~ m; z 10.00' I^ I I Y , g $ n.sa_ I ~ 7d PROPOSED R/W UNE i L 1 ~ i RPOB WATER MAIN ~ I EASEMENT ~ II ~ I $ s~; I 1 xl~ I "~ I ! I I LEGEND ~' zl ~~I ~ ------- Boundary Line ~, ' 81~ ~I - - - - - Section Line ~ ~ '' gl« °~ o Found 5/8" Iron Pin ~ f ~ I:I ~1 ~ Found 1/2" Iran Pin 1 s I I I ~ Calculated Point it I 8e ;I I i ~• %'i Dedicated R/W I $ 81>0 I ~ ~I~, I I I I ~ NOTE ~ 20.00' ~--~--1 ~ I I I Water line location per engineers design. wl I I la viii j I ' n 3i ~I , °~ W ~ LN00'00'00'E 71n °~ WATER MAIN EASEMENT ~s•s9' i? NI I Z 1 ~ I ~ I ~ ~ o~-~-© j PARCEL 1A, RECORD OF SURVEY N0. 3788 I ~ ~STEA~ ~ ~ ~ `` ~~ ~ ~ 10 ~ <I a N ~~3-?-b3 0 I I ~C+q~~ OF,~ I , ~ ~ `as ~. e I - _ 50058'55"E_ 18250' SE 1 /4 SECTION 1, T. 3 N., R. 1 W., B.M. ADA COUNTY, IDAHO B~ BERGEY LAND SURVEYING Surveyors • P/anners SCALE: 1 " = 100' DR. JRP CK. DGB SHEET 1 OF 1 L 4232 Adams Street Boise, ID DATE: MARCH 8, 2003 ACAD DWG. FILE: 62993-01 H2O 208-672-8407 Meridian City Council Meeting April 1, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, April 1, 2003, by Mayor Robert Corrie. Members Present: Tammy de Weerd, Cherie McCandless, and Keith Bird. Members Absent: Bill Nary. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Doug Strong, Dean Willis, and Will Berg. Item 1. Roll call Attendance: X Tammy de Weerd O Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: At this time I will open the Regular Meeting on Tuesday, April the 1~, at 7:00 P.M., the year 2003, in the City Council Chambers. At this time, I'd like to have the City Clerk have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay Item Number 2 is adoption of the agenda. Council, is there any additions or corrections to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Under Item E on the Consent Agenda, there is a resolution that has no number on it or anything and we are either going to have to get anumber -- we have passed it. What is there -- we have to pull it off and put it on the Regular Agenda. We can't pass a consent item without -- without -- with a resolution on it with no number. Have we passed this resolution? I do not recall it. Of course, I missed about two or three meetings there in January and February. Corrie: Mr. Berg did we -- kind of have to help us here. Berg: Thank you, Mr. Mayor, Members of the Council. I see in the packet that the attorney included a resolution, which probably was overlooked when putting this item on the agenda, so we will just need to note and add a resolution number, which could be, if you want to adopt it, 03-401. I'm sorry there was no -- Bird: If the Mayor and the Council has seen that resolution, I have no problems with it. We can leave it on if we have got a number. Meridian City Council Meeting April 1,2003 Page 2 of 47 De Weerd: I don't have anything. Corrie: I don't have any problem with it. Bird: Okay. As far as I know, that's it on the agenda and I would move that we adopt the agenda as noted with the change in Item E on the Consent Agenda. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further comment? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: B. Approve minutes of February 4, 2003 Pre-Council Meeting C. Approve minutes of February 18, 2003 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 by Capital Development - 4196 N. Zion Park Way: E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: F. Water Main Easement Agreement with Garv and Rosalie Wingett for Cascade Fence Company: G. St. Luke's Regional Medical Center Easement Agreement: H. Beer. Wine, and Liquor License Renewals: Corona Village, Inc. -Beer and Wine Meridian Speedway -Beer and Wine A New Vintage Wine Shop -Beer and Wine Big Smoke, LLC -Beer and Wine I. Approve Bills: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Meridian City Council Meeting April 1,2003 Page 3 of 47 Corrie: Mr. Bird. Bird: I would move we approve the Consent Agenda with one change, that it be known that under Item E, the Meridian /Meridian Fire Protection District Firefighting Life Preservation Service Contract Joint Exercise of Power Agreement, that the Resolution Number for that 03-401. With that, that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. At this time, I would like to give to the City Council the name of Anna Powell to be appointed the Planning and Zoning Director for the City of Meridian. Anna is sitting here in front. Anna, if you'd like to stand up. We had a group of people interviewing a number of applicants and Anna has come out as the top one here, so, thank you, Anna, for being here tonight. Under the circumstances, I would like to nominate Anna Powell as the new Planning and Zoning Director and comments -- I think we had two of the Council that was on that, so that's -- any comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think Anna had a very good interview and she will bring a different perspective to the Department of Planning and Zoning. She has both public and private experiences degrees that will really help us look forward and do some good solid planning. I look forward to working with you, Anna, and congratulations. I guess we can't say really negative with her standing here, but I think you will do a wonderful job. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would make a motion that we approve Anna Powell as our Planning and Zoning Director.