Loading...
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. ~- i eb q • r~ U • 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: ~' Member STATE OF IDAHO ) ss 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 ~Q,•••'~Tq,9 ~•;9 . 2 -~ . -~- ''~~-,, F 0 F ~~,~~~' ~, County of Ada ) ;~\,\G~,~~ o~~~T0~,9~.,~~i \~G ~~ GR EE: CITY OF MERIDIAN ' ~~~~ r ~c Robert D. Corrie, Mayor %~~~ ,9 O 1S \OP•Z`\`~~. ~~~~~-~irn no-~~~~~~ Attest by William G. Ber , Ci Clerk Approved By City Council On: ~G~/l.e_ ~ ®, ~ifl0_,~j `~~- a ~ q STATE OF IDAHO, ) ss. 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) . ^ O 1 1 ^ • > > i l~...~-• • NOTARY PUBLICn FOR IDAHO RESIDING AT: ~ryG~c~ Cv~,~-t,tt_~-~dc,~'-~..~ MY COMMISSION EXPIRES:9 ~l-ZB~-aS ~~ 3 ~ 4 ~ ~ 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 IDA~19~ N D COUNTY CITY OF MERIDIA , A A , 2003 ~~ \ \\\ ~ ~~ ~\~ ~ \ ~~ ,~ 8 \ ~I ~ I ~L \ \~~'R ~ ~ \L ~ ~~ \ ~ ' \~ ~ \ ~ loo o so loo zoo ~ ~~ S CALE-1_= 200___-_____-__ _____-__-_____ ~~~'~ \ ~ r ~ I i T ~~ 1 GENERAL LEGEND -- BOUNDARY LINE ----- LOT LINE ' \1 `i ~ I II ~ ~`~ ~\~ \ I ~ ----~~ ROAD CENTER LINE ~ - _ _ ~ - PROPOSED EASEMENT LINE \ - - - \ - EXISTING EASEMENT LINE I ........................ ....... TIE LINE I O CALCULATED POINT BRASS CAP 1 III \ ® ALUMINUM CAP ~ \ O ALUMINUM CAP ~i ~ I I 20. 20.81' i ~ I ! N00'44'00"W 12.00 II o: N90 00 00 E 27.83 1 I j, Ii ~~ I ~ g ~ ! I i~~^ ~ ~, ~ ~I i Iri ~ EXISTING 20' IRRIGATION I ~ n nom, EASEMENT FOR EXISTING 24' /~ MI I J2CP FOR BENEFIT OF NAMPA g M~IDIAN IRRIGATION DISTRICE •., o~IL ~ ~, ~ O r ~~ ~ i ~~ I o~~FN N90'00'00"E 56.46' ~ ~ ~ I ^ ~~ Z I I~ ~ ~/_ I N00'44'00"E ~ ~ N00'44'00"W 12.00' / / ~ I II 48 00' I~I ~N00'44'00"W 48.00' / ! ~ I: ~ I „ 112 1/4 1D O~ a ~o N W N N aD 0 N ,.-------------------- 1719.87'--- ~~'~-------------------------------1973.32 ---- -- _- ----- 752.54'--------------------- ,_- lzavxLi~l Izo~D BASIS OF BEARING N89'16'00"E 2657.82 WATER LINE EXHIBIT "A" 1 " = 200' 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 L P:W_CIVIL\C026189\dwg\C026189_EASEMENT.dwg, 05/13/03 J ~0 P~M~La~serJE 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. ~ ~ C026189_north_line_legal_description_051203kns ~~~ ~~ ~"~ ~~ ®F ~~~~®~~~ 03 ~C~~~~ _~ ~~ ~~_s~a 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. ~ ~ ~`l1ST ~ a. ~ C026189_central_line_legal_description_051203kns ~ 1 ~ O 9,~q F 0 F ,QQ~®J~Z • N1cC~~°~' ~ ~- ~ ~q 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. ~ / , C026189_main_I ine_legal_description_051203 kns t` ~-,,/ ' ~:: ~~< ; 0 ~~~ I 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. C026189_east_hydrant_legal_description_051203kns 1 i~ A. IVICC~~`` ~~ ~.-~- g ~ q 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 03 3 `~~- ~ ~,q 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