Water Main Easement with Joint School District No. 2 for Meridian High School (2)ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 01116103 09:34 AM
DEPUTY Bonnie Oberbillig
REGORDED-REQUEST OF
Meridian City
AMOUNT .00
WATER MAIN EASEMENT
NAVARRO
~~~ ~~~~~~~~~~~~~~~~~~~I~~~~~~~~~ ~~ ~~~
THIS INDENTURE, made this ~~ day of TGr- , 20~between Joint School District #2, 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 mainright-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 Granteetheright-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.
Inconsideration of allowing Grantee to perform work on and/or operate within the said descrbed parcel,
Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors assigns, against
any and all claims, suits, demands, actions, debts, injuries to persons, and damage to property, damages,
costs, charges, and expenses, including all court costs and attorneys fees, and against any and all liability,
losses and damages of any nature whatsoever, the "Damages" that the Grantor shall or may at anytime
sustain or be put to be by reason or as a result of Grantee performing, working on and/or operating
within the here in above described parcel; provided that the damages are not caused by the negligence ~
other breach of legal duty by Grantor.
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.
Water Main Easement Page 1 Meridian High School.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 azea 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, suchright-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 yeaz first herein above written.
GRANTOR: JOINT SCHOOL DISTRICT #2
STATE OF IDAHO )
ss
County of Ada }
On this l ~ ~'' day of (~ eCP.h~.~ PX , 2002, before me, the undersigned, a Notai Public in and
for said State, personally appeazed ~~y i Oki nr DD)-tY-eI,L_ and ~ n D.
known or identified to me to be the President and Secretary, respectively, of the corporation that ecuted
the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist
above written.
~~~+•,,,'',p ~~q•••~~,, Cl.l~. N~(.CGt/X.. NOTARY
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,.~ 4~G~,....... N~, •~~ PUBLIC FOR IDAHO
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4Q' ~pTAR p ~ Residing at `~I/I p,1,1 dcA~ ~~ .
* "~~'~ * ~ Commission Expires: 3 X7-03
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Water Main Easement Page 2 Meridian High School.doc
Attest by William G. Berg, City
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Water Main Easement Page 3 Meridian High School.doc
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EXHIBIT A
PERMANENT EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
An easement for waterline purposes located in the SE '/4 of the NE '/4 of Section 11,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at an aluminum cap monument marking the southeasterly corner of said SE '/4
of the NE 1/a;
Thence N 0°09'43" E along the easterly boundary of said SE '/4 of the NE '/4 a distance of
463.34 feet to the POINT OF BEGINNING;
Thence continuing N 0°09'43" E a distance of 15.00 feet to a point;
Thence leaving said easterly boundary S 89°45'50" W a distance of 395.66 feet to a point;
Thence N 0°56' 14" E a distance of 284.92 feet to a point;
Thence N 89°03'46" W a distance of 15.00 feet to a point;
Thence S 0°56' 14" W a distance of 285.16 feet to a point;
Thence N 89°30'53" W a distance of 365.41 feet to a point;
Thence N 0°29'07" E a distance of 11.12 feet to a point;
Thence N 89°30'53" W a distance of 10.00 feet to a point;
Thence S 0°29'07" W a distance of 11.53 feet to a point;
Thence S 85°02'20" W a distance of 13.19 feet to a point;
Thence N 89°23' 15" W a distance of 312.23 feet to a point;
Thence S 0°36'45" W a distance of 15.00 feet to a point;
Thence S 89°23' 15" E a distance of 312.96 feet to a point;
Thence N 85°02'20" E a distance of 17.58 feet to a point;
Thence S 89°30'53" E a distance of 39.58 feet to a point;
Waterline Easement
Page 2
Thence S 0°23'43" E a distance of 141.99 feet to a point;
Thence S 41°36'22" W a distance of 21.38 feet to a point;
Thence S 0°23'50" W a distance of 301.56 feet to a point on the southerly boundary of said
SE I/4 of the NE '/4;
Thence S 89°37' 17" E along said southerly boundary a distance of 15.00 feet to a point;
Thence leaving said southerly boundary N 0°23'50" E a distance of 295.92 feet to a point;
Thence N 41°36'22" E a distance of 21.50 feet to a point;
Thence N 0°23'43" W a distance of 147.51 feet to a point;
Thence S 89°30'53" E a distance of 321.38 feet to a point;
Thence N 89°45'50" E a distance of 405.13 feet to the POINT OF BEGINNING.
This parcel contains 0.64 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
October 29, 2002 ~~~~'~
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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.:
J. Water Main Easement, Silverstone Subdivision Cedar Point
Building - Sundance Investments:
$~Jc~x ~ ~ aol
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.