Water Main Easement with Sundance Investments Limited Partnership for Cedar Point Building SilverstoneADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAHO 01/16/03 09:34 AM
DEPUTY Bonnie Oberbillig
Me id anECityREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
AMOUNT .00 1 ~~~~~~~~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of dQh• , 20~between Sundance Investments Limited
Partnership, 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 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
ar~? ~erlacemen± ~*_ *he convenience of the C=r~~*ee, with the free right of ::~~-^cc to suc>s
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, 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 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.
Cedar Point Water Main Easement Page 1 Cedar Point Water Ease.doc
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 aze 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: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
~i~
Chris Anderson
Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited
Partnership
STATE OF IDAHO )
ss
County of Ada )
On this ~~~ day of ti ~ e..YV the ~, 20 CUB-before me, the undersigned, a Notary
Public in and for said State, personally appeared Chris Anderson, known or identified to me
to be the Vice-President of Sundance Company and Authorized Agent of Sundance
Investments Limited Partnership who subscribed said partnership name to the foregoing
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 yeaz fist above written.
•••°- `l PRpC~'•ti
• ~ ,
G~~pTARY
S ~.~ s
~It ='• P v B ytG
2
ti ~4~r
'•.,~r •••....••'' ~, .
~'•.9 TF OF l9.••~~
~,-~~. ~ ~
NOTARY P IC FOR IDAHO
Residing at ~`~l Se-
Commission Expires: 1Z- ~ b -C~
Cedar Point Water Main Easement Page 2 Cedar Point Water Ease.doc
GRANTEE: CITY OF MERIDIAN
obe D. Cowie, Mayor
iG~'~-`.
Attest by William G. Berg, Ci Clerk
`\`~~~~~y ~pF~~M~R~~iq~''%
_ a~~~~ -
9G g~~
c '•
'~~, COE ,,,,.~-Y , ,.t
Approved By City Council On: ~w n ~, a v~ 11 ZO D 3
Cedar Point Water Main Easement Page 3 Cedar Point Water Ease.doc
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702
SURVEYING (208) 385-os3s
Fax (208) 385-0696
Project No.: 2508
Date: November 20, 2002
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT FOR
CEDAR POINT BUILDING IN
SILVERSTONE SUBDIVISION
A waterline easement situated in Lots 4 and 5 of Block 2 of Silverstone
Subdivision as on file in the Office of the Ada County Recorder, Boise, Idaho, in the NW
1/4 of the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and
being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 5; thence along the West line
of said Lot 5
South 00°00'00" West 142.58 feet to the POINT OF BEGINNING; thence leaving
said West line
South 89°45'10" East 71.16 feet to a point; thence at right angles
South 00°14'50" West 110.26 feet to a point; thence at right angles
South 89°45'10" East 410.01 feet to a point; thence at right angles
North 00°14'50" East 277.33 feet to a point; thence at.right angles
South 89°45'10" East 20.00 feet to a point; thence at right angles
South 00°14'50" West 22.00 feet to a point; thence at right angles
South 89°45'10" East 18.67 feet to a point; thence at right angles
South 00°14'50" West 10.00 feet to a point; thence at right angles
North 89°45'10" West 18.67 feet to a point; thence at right angles
South 00°14'50" West 265.33 feet to a point; thence at right angles
North 89°45'10" West 450.01 feet to a point; thence at right angles
North 00°14'50" East 110.26 feet to a point; thence at right angles
North 89°45'10"'-^-'pst 51.08 f~^` to a point on said West '~~~~of Lot 5; thence
along said West line
North 00°00'00" East 20.00 feet to the POINT OF BEGINNING
2508-Water~ase.doc - dnm
_ W
3 0
o- N~
ino ~~
~.o ~ao
ON ~~
O\ N
W ~ r`~-J
o!~L-__
in o
~o
~ N
N
V
O
J
m
0
J
0
N
H
w
w
>L o
o z_ ~
~ u
w
J
Q
U
O ~
m
r,
___________________
~ r-----
-fi----~------------
I I
I
i~~ ~~ - - -
v=
o ~ - ~
/ono ~
o ~.
/
,
z
L--
- , EE' S9Z
--
------------------------------ ,
M „O5, VI.00 S
I
- ,EE'LLZ I
--------
-----
-----------------
3 „O5, 41.00 N ~
I
I
I I
I
I
I
I
I
I
R I I
I
I
I
S'~'
~y. I
4
`' ~~ ~ I I
I
p ~ ~ '~, I
~ ` ~ I
~ I
r ,0 I
~
~
~
~ I
I
5~~
~
°rs~~'
~~ ~ i I
'
~~
I
I
I
I
I
I ,
N
I
I
I
I ~
~L WI 31
o
J ~°-~lo
lo ~°-~lo
lo ~
i
m F
mld' F
a,l~
III cnj zj
~ I I
O I I
J j
I
I
I
I
I
z
~ I
i
I
I
I I
i
I
I
z
w
W I
- I w
w I
I I
I
'a''
w
I
I z
o ~
=
w
N I
I I
I F
~
~ z I I ~ ~
i
~ X I
I I
I
?
~ W I I m
z
o I
I I
I w
v m _--
M .os_ti~.oo s
---J I
z a -
-
r ,9Z'011 I
__
- - ------
_
- - I
-- ,9Z~011
_
W~ i
I
~
i
_
-
o f ~ 3 .OS. 41.00 N - -~
- ---- ------_----------------- --_-~I~ ~0-------------------------
- - -
----
l^=orb-------------
a ---
- - --- --~
-
- - _
- --------
- - - -- i
-~I--- _r~ ~----------------------
~' ~I$ ~
-- -- --
----
I
~85'Z41 00'0 ~? ! i
E
m
F~1
~x1
1^1
W
0
~~
~o
m
__
xm
LJ
z
J
Q
3
O
N
z
0
a
W
~_
.zo
•m-
;~_~
~ N ~
'rv
~ ~ J ~
Q Z N
~ O Z
V ~ ~
°a ~
a 3
Z
?~
J
N
Y
V
O
J
. ~
O
J
--~----~
I
L__________`_~
----
\ ~~ ~~
`~\ `~
`~\ \~
\ ~~~ ~~
~ ~`~ ~~,
~~
\\ ~```
1
\ i \`r
I 1
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:
I. Sewer and Water Easement, Cooper Canyon Subdivision -
Wildwood Development, LLC.:
Ulf ^.°~~~ t Silverstone SubdivisionCedar Point
`~ ~' rrrr ~,rn~nce~n e~tment's:
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 of 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.