Water Main Easement with Trisect, LLC for Sanitary ServicesADA COUNTY RECORDER J. DAVID NAVARRO y
BOISE IDAHO 06!26!03 11:26 AM
DEPUTY Joanne Hooper
RECOt~DED-REQUEST OF III IIIIIIIIIIIIIIII'lll'I'I'I'I III III
MERIDIAN CITY 1 r3316~467
AMOUNT .00
• WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~, 2003 between Trisect, LLC, 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 Grantee the right-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 effect and shall be completely relinquished.
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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:
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Member
STATE OF IDAHO )
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County of Ada )
On this ~_ day of May, 2003, before me, the undersigned, a Notary P~blic in and for
said State, rersonally appeared ~ V{_ and,
known or identified to me to be as members of the limited liability corporation at ecuted
the within instrument, and acknowledged to me that such limited liability corporation
executed the same.
Memb
IN WI ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ~ r fist above w~/itten.
Kesidit$~ at
Commission Expires:
Member
STATE OF IDAHO )
NOTARY
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GR EE: CITY OF MERIDIAN ' ~~~~
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Robert D. Corrie, Mayor %~~~ ,9 O 1S \OP•Z`\`~~.
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Attest by William G. Ber , Ci Clerk
Approved By City Council On: ~G~/l.e_ ~ ®, ~ifl0_,~j
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STATE OF IDAHO, )
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County of Ada )
On this ~ ~~~ day of ~~,~,-v>~. , 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
official seal the day and year first above written.
(SEAL)
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NOTARY PUBLICn FOR IDAHO
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EXI~BIT "A"
WATER LIN~,EASEMENT
SANITARY SERVI COMPANY
A PORTION OF THE SE1/4 OF S 11,
T01fNSHIP 3 NORTH, RANGE i WEST, HOISE~MERiDIAN
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BASIS OF BEARING
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WATER LINE EXHIBIT "A"
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C0261 89ENEAS.EMENT.DWG ~ ~ 1 y 1 ~1 ~ ~ ~~ DRADWN BY:
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. Executive Dr., Suite B, Boise, Idaho 83713
MAR 26 2003 (2oa) aa7-77so CRM
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EXHIBIT "A"
A water services easement located in a portion of the SE1/4 of Section 11, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and
described as follows:
Commencing at an aluminum cap monument marking the NE corner of said SE1/4,
thence along the East line of said SE1/4 S00°58'55"E a distance of 2645.96 feet to a
brass cap monument marking the SE corner of said SE1/4, thence leaving said East line
and along the South line of said SE1/4 S89°16'00"W a distance of 1752.54 to a point,
thence leaving said South line N00°44'00"W a distance of 48.00 feet to a point, thence
N00°00'00'E a distance of 363.37 feet to a point, thence N90°00'00"E a distance of
10.00 feet to the POINT OF BEGINNING;
Thence 10.00 feet on each side of the following described line;
N00°00'00"E a distance of 17.83 feet to the terminus of said line.
Said easement contains 357 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied. ~ ~
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EXHIBIT "A"
A water services easement located in a portion of the SE1/4 of Section 11, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and
described as follows:
Commencing at an aluminum cap monument marking the NE corner of said SE 1 /4,
thence along the East line of said SE1/4 S00°58'55"E a distance of 2645.96 feet to a
brass cap monument marking the SE corner of said SE1/4, thence leaving said East line
and along the South line of said SEl/4 S89°16'00"W a distance of 1752.54 to a point,
thence leaving said South line N00°44'00"W a distance of 48.00 feet to a point, thence
N00°00'00'E a distance of 158.24 feet to a point, thence N90°00'00"E a distance of
10.00 feet to the POINT OF BEGINNING;
Thence 17.50 feet on each side of the following described line;
N00°00'00"E a distance of 46.46 feet to the terminus of said line.
Said easement contains 1626 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied. ~ ~
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EXHIBIT "A"
A water services easement located in a portion of the SE1/4 of Section 11, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and
described as follows:
Commencing at an aluminum cap monument marking the NE corner of said SE1/4,
thence along the East line of said SE1/4 S00°58'55"E a distance of 2645.96 feet to a
brass cap monument marking the SE corner of said SE1/4, thence leaving said East line
and along the South line of said SE 1 /4 S89° 16' 00"W a distance of 1752.54 to a point,
thence leaving said South line N00°44'00"W a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence 10.00 feet on each side of the following described line;
N00°00'00"E a distance of 384.17 feet to the terminus of said line.
Said easement contains 7684 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied. ~ / ,
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EXHIBIT "A"
A water services easement located in a portion of the SE1/4 of Section 11, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and
described as follows:
Commencing at an aluminum cap monument marking the NE corner of said SE 1 /4,
thence along the East line of said SE1/4 S00°58'55"E a distance of 2645.96 feet to a
brass cap monument marking the SE corner of said SE1/4, thence leaving said East line
and along the South line of said SE1/4 S89°16'00"W a distance of 1719.87 feet to a
point, thence leaving said South line N00°44'00"W a distance of 48.00 feet to the POINT
OF BEGINNING;
Thence 10.00 feet on each side of the following described line;
N00°44'00"W a distance of 12.00 to the terminus of said line.
Said easement contains 240 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied.
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EXHIBIT "A"
A water services easement located in a portion of the SE1/4 of Section 11, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and
described as follows:
Commencing at an aluminum cap monument marking the NE corner of said SE1/4,
thence along the East line of said SE1/4 S00°58'55"E a distance of 2645.96 feet to a
brass cap monument marking the SE corner of said SE1/4, thence leaving said East line
and along the South line of said SE1/4 S89°16'00"W a distance of 1973.32 feet to a
point, thence leaving said South line N00°44'00"W a distance of 48.00 feet to the POINT
OF BEGINNING;
Thence 10.00 feet on each side of the following described line;
N00°44'00"W a distance of 12.00 feet to the terminus of said line.
Said easement contains 240 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied.
C026189_west_hydrant_legal_description_051203kns
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Meridian City Council Meeting
June 10, 2003
Page 2 of 41
Corrie: Motion has been made and seconded to adopt the revised agenda. All those in
favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes of May 13, 2003 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law for Approval: CUP
03-018 Request for a Conditional Use Permit for a bank with
drive-thru in an I-L zone for Washington Trust Bank by Russ
Wolfe -south of East Presidential Drive and east of North Eagle
Road:
C. Findings of Fact and Conclusions of Law for Approval: MI 03-
008 Request for sales office /model home in an R-4 zone for
Inglenook Model Home by Inglenook Development - 2720 South
Locust Grove Road:
D. Findings of Fact and Conclusions of Law for Approval: VAC
03-002 Request to vacate existing easements in Crestwood
Subdivision No. 1 by the plats of Havasu Creek Subdivision No.s
1, 2, and 3 by Farwest, LLC -west of North Locust Grove Road
between West Ustick Road and West McMillan Road:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-
007 Request to construct a temporary private road for the
construction of Phase 2 in C-G, R-40, and C-N zones for Fairview
Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-014 Request for a Conditional Use Permit for a reduction of
approved 192 unit apartment to 96 units and allow 55,000 square
foot office park for Fairview Lakes by Fairview Lakes, LLC - 824
East Fairview Avenue:
G. Findings of Fact and Conclusions of Law for Approval: CUP
03-013 Request for a Conditional Use Permit to modify
operational hours and change building placement from original
approved CUP in a C-N zone for Cherry Crossing by Hawkins
Companies -northwest corner of West Cherry Lane and North
Linder Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
03-016 Request for a Conditional Use Permit for a craft store and
Meridian City Council Meeting
June 10, 2003
Page 3 of 41
coffeehouse in an O-T zone for The Library by Craig Rittenhouse -
141 East Carlton:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-019 Request for a Conditional Use Permit for the demolition of
one of the two existing buildings and replacing with one new
building for the same use -child care in a C-C zone for New
Horizon Child Care by New Horizon Child Care - 1830 North
Meridian Road:
J. Sewer and Water Main Easement for Krisay Kreme
Subdivision:
K. Water Main Easement for Sanitary Services -north of West
Franklin Road and west of North Linder Road:
L. Sewer and Water Main Easement for Sundance Subdivision
No. 2:
M. Sewer and Water Main Easement for Brid~etower Crossins~
Subdivision No. 3:
N. Streetlight Agreement for Sutherland Farms Subdivision No. 1:
O. Streetlight Agreement for Meadow Lake Villasale (aka
Touchmark Subdivision):
P. Streetlight Agreement for Lochsa Falls Subdivision No. 1:
Q. Streetlight Agreement for Lochsa Falls Subdivision No. 2:
R. Streetlight Agreement for Lochsa Falls Subdivision No. 3:
S. Stellar Technologies, LLC, Agreement - Installation of
anaerobic wastewater treatment apparatus:
Corrie: Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second.
Meridian City Council Meeting
June 10, 2003
Page 4 of 41
Corrie: Motion has been made and seconded to approve the Consent Agenda, any
further discussion? Hearing none, roll call vote.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Adopt the Consent Agenda.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Meridian Police Department:
1. Discussion of Grant Award with Cpt. Bill Musser:
Corrie: Item Number 4 is Department Reports. The first is the Police Department,
Meridian Police Department discussion of grant award. Captain Bill Musser, so Mr.
Musser. Excuse me. Captain Musser.
Musser: Mr. Mayor, Members of the Council, what I have brought to you this evening
and passed out earlier, are copies on a grant award the Police Department has
managed to secure in the sum of 256,500 dollars. This aware is through the Federal
Government and basically administered out to the Idaho State Police on it. What I'd like
to do is just to have the Council and Mayor be able to review this and possibly have it
for consideration next week as to whether or not it's something that the Council would
like to pursue and authorize the Mayor to sign on to continue with. At the backside of
the grant award notice, there is also an abstract which I completed in reference to this
project, it's entitled Project Safe Neighborhood Grant Proposal Abstract. It, basically,
outlines what we are looking to do with this grant, which basically is a two prong
approach for gun violence reduction in terms of firearm safety and awareness and
prevention for teenage suicides involving firearms, as well as victimization interdiction
utilizing Boys and Girl Clubs of Ada County to help prevent juvenile victimization and to
stop any further victimization of the juveniles that have already encountered it.
Basically, the overall concept revolves around having a crime prevention specialist
position, coupled with that of another elementary school resource officer position, and
we are hoping to partner on this fully with the school district, with St. Luke's Hospital
Meridian, with the Boys and Girls Club of Ada County. Then, we are also looking for
assessment evaluation towards the end of this two-year grant program with Boise State
University Criminal Justice Department helping us out with the evaluation on the
program. I guess a couple of other things that I did want to note in reference to the
main grant award sheet signed by the director of law enforcement. It does note that the
dates on this run October 1St -- or, excuse me, October 1, 2003 through September 30,
2006. I did circle that. That should be '05. They made a typographical error and there
are new originals coming over from the director's office with the correct dates on it. It is
only atwo-year grant it is not athree-year one. We do have limited match on this. It