Sanitary Sewer and Water Main Easement with Wildwood Development, LLC for Paddington SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO 6
BOISE IDAHO 01116!03 09:34 AM
DEPUTY Bonnie Oberbillig II I I I II II ~ II I II I II IIII II I I IIII'lll III
RECORDED-REQUEST OF
Meridian Ciry 1~~0E~7~~7
AMOUNT .00
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of t~ , 201 between ~,)~ldwcx~d ~~y_, 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;
WITNES SETH:
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.
Sanitary Sewer and Water Main Easement Page 1
EASMT.SW.doc
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.
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.
STATE OF IDAHO )
ss
County of Ada )
~.
On this q day of ,p~tc~w•.~ e,,i , 2002 ,before me, the undersigned, a Notary
Public in and for said State, personally appeared Clnyis~odner' F-nd,la.a and
wl.~. ,known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist aboy~.wtitlaa,
.o` ti l OSS ••••.•
. ~ OVARY
.~ ~
•
! ~ `G
'Ic L• PUBS. ••.~p'
•'•, s ••••....••' ~~ .•'
Sanitary Sewer and Water •~'~~~set~errr`p••
EASMT. S W.doc
NOTARY PUBLIC FOR IDAHO
Residing ~o~S~ ~ ~~ a.~
Commission Expires: g ~ t~ O 1
Page 2
at Ad..a-
GRANTEE: CITY OF MERIDIAN
,\~~~~uuliHr~~~~`
~ GoR¢~ ~ y ,,,~
Robert D. Corrie, Mayor ~ `~ ~ t
- ~~~°~L -
~°~
~, .~
Attest by William G. Berg, City ler ;y90„QGC~sT ~''~ ~ P~O`4`~~
Approved By City Council On: ~a ~ Ua ~ ~~i ~~~`"~
Sanitary Sewer and Water Main Easement Page 3
EASMT.SW.doc
F Y
z
I '
_~~ o
_ ~~~ ~
N ~~~~ Q ~
V
~ ~~~~~ a~»~~~~
O ~C ~ ~
~q\~ ~ ~~
~/~ I ~?/J
O~~
~ ~ ~ I ~~-,
~ ~q~ ~ ~=
~ ~~~ ~ a
~Q w~~ ~ sty
ccc~rr+++
J D
-C ~ ~f 'may ~' ~G ~ M ~ . >
W oe m
q~~~ ~ I me a ~-
O ~° x ~ }
O m F
~~ ~ I 3e ~ ~
~ ~~o ~m ~
Y
,L_,
~ qv~, ~ ~ ~
q ~'~ ~ ~
~ A
~ owl,, ~ ~ ~°
w~° - ~~>
t p _ ',t _ ~ A t'YCO~ ~
V ~ ~, 3Nr'1 NOS1111 3 ^ n
8~
:g:sntlso~sg_ga~assa~$-
4, ~ ~ FOR ~ °~ ~3
_ ~
o
S NPR m ~ .g.$
mom ~ b
~, o as-~ e,.mao„~
i ' ~ C - ~ L
7« ~- wew~ axxas 9 9 ~~
as a:
Project: 01067
Date: June 3, 2002
Sheet: 1 of 2
EXHIBIT "A"
A parcel of land situated in the NWl/4 of Section 8, T3N., R.lE., B.M., City of Meridian, Ada
County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official
plat thereof recorded in Book 12 of Plats at Page 665,. Ada County Records being more
particularly described as follows:
COMMENCING at the northwest corner of said Section 8, from which corner, the west 1/.~
corner of said section bears, 5.00°00'23"W., 2649.56 feet; thence, along the westerly line of said
section,
A) 5.00°00'23"W., 455.00 feet to the intersection with the centerline of E. Wilson Lane
as shown on Record of Survey No. 3963; thence, along said centerline,
B) N.89°34'40"E., 1038.12 to the intersection with the westerly line of said Lot 7;
thence, along said westerly line,
C) 5.00°00'23"W., 28.00 feet to a point on the southerly right-of--way line of said E.
Wilson Lane; thence, along said southerly line,
D) N.89°34'40"E., 106.10 feet to the POINT OF BEGINNING; thence, continuing,
1) N.89°34'40"E., 30:00 feet; thence,
2) S.00°00'00"E., 240.34 feet; thence,
3) 5.90°00'00"E., 10.00 feet; thence,
4) S.00°00'00"W., 14.79 feet; thence,
5) 5.90°00'00"E., 66.16 feet; thence,
6) 5.00°00'00"W., 430.00 feet; thence,
7) N.90°00'00"W., 76.82 feet; thence,
8) S.00°00'00"W., 164.76 feet; thence,
9) 5.90°00'00"E., 112.40 feet to a point on the westerly line of Lot 2, Block 1 of
Elliott Park Subdivision according to the official Plat there recorded in Book 82
of Plats at Pages 8914 and 8915, Ada County records; thence, along said westerly
line.
10) 5.00°04'03"E., 20.00 feet; thence,
Project: 01067
Date: June 3, 2002
Sheet: 2 of 2
11)N.90°00'00"W., 34.11 feet; thence,
12)5.00°00'00"W., 20.00 feet; thence,
13)N.90°00'00"W., 108..32 feet; thence,
14)N.00°00'00"E., 234.76 feet; thence,
15) 5.90°00'00"E., 39.97 feet; thence,
16)N.00°00'00"E., 10.00 feet; thence,
17) S.90°00'00"E., 20.00 feet; thence,
18) 5.00°00'00"W., 10.00 feet; thence,
19) 5.90°00'00"E., 16.85 feet; thence,
20)N.00°00'00"E., 370.00 feet; thence,
21)N.90°00'00"W., 76.16 feet; thence,
22)N.00°00'00"E., 284.90 feet to the POINT OF BEGINNING.
CONTAINING 0.81 Acres, more or less.
,~
SUBJECT TO all Covenants, Rights, Rights-of--Way, and Easements of Record.
EXHIBIT "B" attached, and by this reference made a part hereof.
J
Meridian City Council Meeting
January 7, 2003
Page 3 of 44
Development with 327 single-family dwellings, one elementary
school, and 27 common lots for proposed Havasu Creek
Subdivision by Farwest, LLC -- south of East McMillan Road and
west of North Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 02-
023 Request for annexation and zoning of 6.06 acres from RUT to
R-8 zones for proposed Moshers Farm Subdivision by CMD, Inc.
- 895 North Ten Mile Road:
G. Findings of Fact and Conclusions of Law for Approval: PP 02-
021 Request for Preliminary Plat approval of 25 building lots, one
existing residence and 8 other lots on 6.06 acres in a proposed R-8
zone for proposed Moshers Farm Subdivision by CMD, Inc. - 895
North Ten Mile Road:
. ,, y '" HIV Ea ~~ , ` ii'per ~o~! '~t~ -
~fY' evelo
,:.~.
J. Water Main Easement, Silverstone Subdivision Cedar Point
Building - Sundance Investments:
K. Water Service Easement, Meridian High School -Joint School
District No. 2:
L. Water Service Easement, Locust Grove Elementary School -
Joint School District No. 2:
M. Sewer Easement, Lanark Lane -Ronald W. Van Auker:
N. Water Easement, Lanark Lane -Ronald W. Van Auker:
O. Water Easement, Lanark Lane -Ronald W. Van Auker:
P. Contract for Services with AspireOn for a Career Development
Training Program for the Human Resources Department:
Q. Contract for Services, Storey Park Phase II - J.G.T
Architecture:
R. Contract for Services, Bear Creek Park Restrooms -Cole
Associates Architects:
S. Approve Bills:
Corrie: Okay. Item 3 is the Consent Agenda. Mr. Bird.
Meridian City Council Meeting
January 7, 2003
Page 4 of 44
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with the changes of Item 5-D
being changed to regular Item 5-D and Item H being moved to regular Item 5-H. With
that I would move we approve the Consent Agenda and for the Mayor to sign and the
Clerk to attest on all proper papers.
McCandless: Second.
Corrie: Okay. Motion has been and seconded. Any further discussion? Hearing none
roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
Corrie: Item Number 4 is Department Reports. Do we have any reports from any of the
departments at this point?
Item 5. (Items Moved from Consent Agenda)
D. Findings of Fact and Conclusions of Law for Approval: PP 02-
019 Request for Preliminary Plat approval of 328 building lots and
27 other lots on 119.83 acres in a proposed R-4 zone for proposed
Havasu Creek Subdivision by Farwest, LLC -- south of East
McMillan Road and west of North Locust Grove Road:
Corrie: Okay. Thank you. Item Number 5 is items moved from the Consent Agenda.
First is Item 5-D. This is a Findings of Facts and Conclusions o f Law for approval,
request for Preliminary Plat approval of 328 building lots, and 27 other lots on 119.83
acres in a proposed R-4 zone for proposed Havasu Creek Subdivision. At this time we
will have staffs comments.
Hawkins-Clark: Mr. Mayor, Members of the Council, there is a Position Statement that
you should have received in your packets from Bruce Freckleton, the Public Works
Department. He just has proposed two modifications to the condition on Page 4 about
the Sanitary Sewer Service easement there. The first change is just to add a
permanent Sanitary Sewer construction easement and, then, just a clarification on the
direction, it should be south boundary, not the east boundary. That was the reason for
the change there, just those two items.