Sanitary Sewer and Water Main Easement with Tramore LP for Tramore Apartments (2)ADA COUNTY RECORDER J. DAVID NAVARRO g
BOISE IDAHO 05/02/03 12:10 PM
DEPUTY Bonnie Oberbillig
Mer d aDEC ryREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
AMOUNT .00 1 ~~~~~~$~
SANITARY SEWER AND WATER MAIN EASEMENT
~th ~.,
THIS INDENTURE, made this day of~, 20~between lr~ti-~.~~.~....'~_ ,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 and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
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.
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
Sanitary Sewer and Water Main Easement Page 1 EASMT.SW
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.
GRANTOR:
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~' ~~ day of ; y%'%!~ y,~- ~ , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared / a .~ ~ ~^ f' 1P. ~-//; ~~ /I ~
known or identified to me to be a P~-esirterri-and C~~.~~N~cc /
~o~ ~ f n r.r may; ~, of the ~ee~erati~ that executed the within instrument, and
acknowledged to me that such q,~ " 'executed the same.
IN WITNESS W I have hereunto set my hand and affixed my official seal the day
and year fist ~ItB
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VC Ot A$ p C~~~~~ ~•
~ ~•• ~ NOTARY PUBLIC FOR IDAHO
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GRANTEE: CITY OF PEi
Sanitary Sewer and Water Main Easement Page 2 EASMT.SW
GRANTEE: CITY OF MERIDIAN
D. Currie, Mayor
Attest by William G.
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Approved By City Council On: ~ - ~ ` ~
Sanitary Sewer and Water Main Easement Page 3 EASMT.S&W
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LAN D ~ Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise, Idaho 83704
~tvG~~~l Phone: (208) 378-7703 • Fax: (208) 378-7759 • Email: marksis@velocitus.net
WATER EASEMENT
A twenty foot wide water easement lying in a portion of Lot 4, West Lawn Subdivision, as
recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying in the N1/2
SW1/4 of Section 12, T.3N., R.1W., Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at a found Aluminum Cap marking the W1/4 Corner of said Section 12, T.3N.,
R.1 W., B.M., Ada County, Idaho and also marking the centerline intersection of W. Pine Avenue
and N. Linder Road; thence 5.89°30' 16"E. 963.05 feet along the north boundary of the said N1/2
SW1/4 of Section 12 and along the said centerline of W. Pine Avenue to a found PK Nail, said
PK Nail bears N.89°30' 16"W. 1689.84 feet from a found Brass Cap marking the C1/4 Corner of
said Section 12; thence 5.00°29'44"W. 30.00 feet to a found 5/8" iron pin lying on the southerly
right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West
Lawn Subdivision; thence 5.89°30' 16"E. 10.00 feet along the said southerly right of way of W.
Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point;
thence 5.00°30'23"W. 220.03 feet to a point; thence 5.90°00'00"E. 35.00 feet to a point
marking the REAL POINT OF BEGINNING;
thence N.00°30'23"E. 20.00 feet to a point;
thence S.90°00'00"E. 12.79 feet to a point;
thence 5.67°30'00"E. 127.97 feet to a point;
thence 5.22°30'00"E. 156.39 feet to a point;
thence N.67°30'00"E. 36.10 feet to a point;
thence N.22°30'00"W. 17.89 feet to a point;
thence N.67°30'00"E. 20.00 feet to a point;
thence 5.22°30'00"E. 37.89 feet to a point;
thence 5.67°30'00"W. 76.10 feet to a point;
thence N.22°30'00"W. 168.11 feet to a point;
thence N.67°30'00"W. 115.71 feet to a point;
Tramore Water Easement.doc - 1 -
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MARKS
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LANDS Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise, Idaho 83704
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~NG~~ Phone: (208) 378-7703 • Fax: (208) 378-7759 • Email: marksls@velocitus.net
thence N.90°00'00"W. 8.99 feet to the point of beginning, containing 0.17 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any additional easements or rights of way of record or in use.
OPAL LANDS
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Tramore Water Easement.doc - 2 -
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LAN D•-1 Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise, Idaho 83704
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~NG~~ Phone: (208) 378-7703 • Fax: (208) 378-7759 • Email: marksis@velocitus.net
SEWER EASEMENT
A twenty foot wide sewer easement lying in portions of Lots 3 and 4, West Lawn Subdivision, as
recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying in the N1/2
SW1/4 of Section 12, T.3N., R.1W., Boise Meridian, Ada County, Idaho, said easement being
more particularly described as follows:
Commencing at a found Aluminum Cap marking the W1/4 Corner of said Section 12, T.3N.,
R.1 W., B.M., Ada County, Idaho and also marking the centerline intersection of W. Pine Avenue
and N. Linder Road; thence S.89°30' 16"E. 963.05 feet along the north boundary of the said N1/2
SW1/4 of Section 12 and along the said centerline of W. Pine Avenue to a found PK Nail, said
PK Nail bears N.89°30'16"W. 1689.84 feet from a found Brass Cap marking the Cl/4 Corner of
said Section 12; thence 5.00°29'44"W. 30.00 feet to a found 5/8" iron pin lying on the southerly
right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West
Lawn Subdivision; thence 5.89°30' 16"E. 10.00 feet along the said southerly right of way of W.
Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point;
thence 5.00°30'23"W. 220.03 feet to a point marking the REAL POINT OF BEGINNING;
thence S.90°00'00"E. 20.00 feet to a point;
thence S.00°30'23"W. 92.91 feet to a point;
thence 5.61°09'37"E. 237.21 feet to a point marking a point of curve to the left;
thence along said curve to the left a distance of 118.65 feet, said curve having a delta of
24° 16'43", a radius of 280.00 feet, tangents of 60.23 feet and a long chord of 117.76 feet which
bears 5.73°17'59"E. to a point marking the point of ending of said curve;
thence S.85°26'20"E. 26.67 feet to a point;
thence 5.85°06'46"E. 60.16 feet to a point;
thence 5.85°26'20"E. 36.63 feet to a point;
thence S.00°32' 18"W. 20.05 feet to a found 5/8" iron pin lying on the northwesterly right of way
of the Nine Mile Drain;
thence along the said northwesterly right of way of the Nine Mile Drain the following courses
and distances:
Tramore Sewer Easement.doc - 1 -
Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise, Idaho 83704
Phone: (208) 378-7703 • Fax: (208) 378-7759 • Email: marksls@velocitus.net
N.85°26'20"W. 38.09 feet to a found 5/8" iron pin;
thence N.85°06'46"W. 60.16 feet to a found 5/8" iron pin;
thence N.85°26'20"W. 26.61 feet to a found 5/8" iron pin marking a point of curve to the right;
thence along said curve to the right a distance of 127.12 feet, said curve having a delta of
24°16'43", a radius of 300.00 feet, tangents of 64.53 feet and a long chord of 126.17 feet which
bears N.73°17'59"W. to a found 5/8" iron pin marking the point of ending of said curve;
thence N.61 °09'37"W. 249.15 feet to a point;
thence leaving the said northwesterly right of way of the Nine Mile Drain, N.00°30'23"E. 104.67
feet to the point of beginning, containing 0.27 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any additional easements or rights of way of record or in use.
O~~'1' LANDS
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Tramore Sewer Easement.doc - 2 -
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LAND•-1 Colleen Marks, L.S. 7045 • 6405 Ustick Road • Boise, Idaho 83704
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Phone: (208) 378-7703 • Fax: (208) 378-7759 • Email: marksis@velocitus.net
SEWER AND WATER EASEMENT DESCRIPTION
A thirty-five foot wide sewer and water easement lying in a portion of Lot 4, West Lawn
Subdivision, as recorded in Book 2 of Plats at Page 94, records of Ada County, Idaho and lying
in the N1/2 SW1/4 of Section 12, T.3N., R.1W., Boise Meridian, Ada County, Idaho, said
easement being more particularly described as follows:
Commencing at a found Aluminum Cap marking the W1/4 Corner of said Section 12, T.3N.,
R.1 W., B.M., Ada County, Idaho and also marking the centerline intersection of W. Pine Avenue
and N. Linder Road; thence S.89°30' 16"E. 963.05 feet along the north boundary of the said N1/2
SW1/4 of Section 12 and along the said centerline of W. Pine Avenue to a found PK Nail, said
PK Nail bears N.89°30' 16"W. 1689.84 feet from a found Brass Cap marking the C1/4 Corner of
said Section 12; thence 5.00°29'44"W: 30.00 feet to a found 5/8" iron pin lying on the southerly
right of way of said W. Pine Avenue and also lying on the north boundary of said Lot 4, West
Lawn Subdivision; thence 5.89°30' 16"E. 10.00 feet along the said southerly right of way of W.
Pine Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point
marking the REAL POINT OF BEGINNING;
thence continuing S.89°30' 16"E. 35.00 feet along the said southerly right of way of W. Pine
Avenue and along the said north boundary of Lot 4, West Lawn Subdivision to a point;
thence 5.00°30'23"W. 74.39 feet to a point;
thence 5.89°29'37"E. 20.00 feet to a point;
thence 5.00°30'23"W. 20.00 feet to a point;
thence N.89°29'37"W. 20.00 feet to a point;
thence 5.00°30'23"W. 125.33 feet to a point;
thence N.90°00'00"W. 35.00 feet to a point;
thence N.00°30'23"E. 220.03 feet to the point of beginning, containing 0.19 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH: apt, LA1~r~
Any additional easements or rights of way of record or in use. ~~SS1~~~ISTB~~~~~
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Tramore Sewer and Water Easement.doc - 1 - ~,'9T~i OF I~A`~ S
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Meridian City Council Meeting
April 8, 2003
Page 2 01'32
Corrie: That's right. Yes.
Bird: To go to the 15~'? I didn't misread it, did I?
Corrie: No. You got it right. He thought it was from the attorney and I said, no, it was
the applicant's representative.
Bird: So, with those modifications I would move that we would adopt the agenda.
McCandless: Second.
Come: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, all those in favor say aye. Opposed no. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of March 4, 2003 City Council Regular Meeting:
B. Approve minutes of March 18, 2003 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: PP 02-
034 Request for Preliminary Plat approval of 7 building lots on
14.31 acres in C-G and R-40 zones for proposed Devon Park
Subdivision by Tamura and Associates - 824 East Fairview
Avenue:
D. Findings of Fact and Conclusions of Law for Approval: AZ 02-
029 Request for Annexation and Zoning of 39.92 acres from RUT
to R-8 zones for proposed Watersong Estates by Howell-Murdoch
Development Corporation -northwest corner of North Linder Road
and West Ustick Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 02-
030 Request for Preliminary Plat approval of 125 building lots and
15 other lots on 39.92 acres in a proposed R-8 zone for proposed
Waterson4 Estates by Howell-Murdoch Development Corporation
- northwest comer of North Linder Road and West Ustick Road:
F. Findings of Fact and Conclusions of Law for Approval: VAR
03-009 Request for a Variance to allow blocks 3, 4 and 7 to be
shorter than the minimum of 500 feet and to allow blocks 1 and 8 to
exceed maximum block length of 1,000 feet for proposed
Watersona Estates by Howell-Murdoch Development Corporation
- northwest comer of North Linder Road and West Ustick Road:
Meridian City Council Meeting
April 8, 2003
Page 3 of32
G. Findings of Fact and Conclusions of Law: MI 03-003 Request
to review the issue of the connection of Teare Avenue for Fairview
Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue:
H. Findings of Fact and Conclusions of Law for Approval: VAR
03-010 Request for a Variance for extension of time to file
subdivision plat as required by the City of Meridian for Tramore
Subdivision by A.L. "Drew" Seargent -south of West Pine Avenue
and east of North Linder Road:
I. Sanitary Sewer and Water Line Easement with Tramore, L.P.:
J. 2003 Creek-Crossing Sewer Pipe Rehabilitation Project -
Award Bid:
K. Settler's Park Restroom /Concession Building -Award Bid:
L. Beer. Wine. and Liquor License Renewals:
Winco Foods, Inc. -Beer and Wine
Maverick Country Store -Beer
Jackson's Stores -Beer and Wine
Albertson's Stores -Beer and Wine
Wal-Mart Store -Beer and wine
Kahootz Pub and Eatery -Beer and Wine
Ultra Touch Car Wash -Beer
Corrie: The next item is the Consent. Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as noted and I'm sure that all
these beer, wine, and liquor license renewals have been okayed by the Police
Department and all the proper paperwork has been done, Mr. Clerk?
Berg: Mr. Mayor, yes, they have, or else they wouldn't be on the agenda.
Bird: That's what I was sure of and to have the Mayor sign and the Clerk attest on all
proper papers.
De Weerd: Second.
Corrie: Okay. Any further discussion? Hearing none, roll call vote, Mr. Clerk.
Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; ,Bird, aye.
Corrie: Okay. All yeas. One absent.