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Water Main Easement with Joint School District No. 2 for Locust Grove ElementaryADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01!16!03 09:34 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII RECORDED-REQUEST OF I I Meridian City t [~.,~07~~ _~ AMOUNT .00 WATER MAIN EASEMENT II ~ Np.2. THIS INDENTURE, made this ~ day of a~• , 20~between~01!1T SCI~oo1 Y.~(S~'t~lG~'~e 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 bythe 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. 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, 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. Water Main Easement Page 1 $WPM6DA1 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: ~stine Donnell, Superintenden STATE OF IDAHO ) ss County of Ada ) On this ~ ~`~'` day of ~~ ~~ , 20 ~2-,before me, the undersigned, a Notary Public in and for said State, personally appeared ChriS~;~.,t `~onnrl~ and -' ,known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNES S WHER~~~ ~ have hereunto set my hand and affixed my official seal the day and year fist above written. c °~y~ty D SC~G•• • ~~ G'••% 1 ~ • ~ NOTARY ~~ ?~~ AR Y ~ ~ PUBLIC FOR AHO ~~~ ~ L G = * PUBy~ .• O : Residing at ~~'^~ ~.~ a''^ , _l.c~ allc •. J+ .~~~~~. 9Q. ~~. Commission Expires: 3 'z`t 2ofl3 •••••.,~ TE OR ~ ..•'~ G E: CITY OF MERIDIAN ~~~~~~"'~""'~''~~~,, • ~ G`~ ~oaPOAq ~, ~L ~.~. F .~ o ; o e D. Corrie, Mayor - ~~~~ =~ UGC ,~ d`' g Attest by William G. Berg, City Cl rk ~'%~ 9Cr-,4 ., . rY ~ ~;)P`,,.~~ ~;;,, - Approved By City Council On: ~Q hN A V vl ~ I ~ ©~/ ' ~ ` ~` Water Main Easement Page 2 $WPM6DA1 rJ-U~B veers Surveyors Planners Project: 11850-071 Date: November 20, 2002: EXHIBIT 'A' LOCUST GROVE ELEMENTARY WATER LINE-EASEMENT PARCEL DESCRIPTION A.parcel of land as shown on ROS 5920, being a portion of the North'/z of the Southwest'/a of .Section 32, T.4N., R.1 E:, B.M., Ada County, Idaho, and represented on the attached Exhibit B, being more particularly described as follows: Commencing at the Wes t'/a corner of said Section 32 marked by a found aluminum cap; thence along the Westerly boundary of said Southwest ~/a of Section 32, South 0°31'04" West, 284.29 feet to a point; thence leaving said boundary South 89°28'56" East, 1,261.12 feet to the POINT OF BEGINNING; thence North 60°31'57"- East, 145.61 feet to a point; thence North 15°31'57" East, 36.04 feet to a point; , thence North 74°28'03" West, 20.00 feet to a point; thence North 15°31'57" East, 20.00 feet to a point; thence South 74°28'03" East, 20.00 feet to a point; thence North 15°31'57"- East, 123.97 feet to a point; . ' thence South 89°34'35" East, 203.90 feet to a point; thence South 74°28'03" .East, 47.49 feet to a point; , thence North 15°31'57" East, 10..00 feet to a point; thence South 74°28'03" East, 20.00 feet~to a point; thence South 15°31'57" West, 10.00 feet to a point; thence South 74°28'03" East, 90.00 feet to a .point; thence South 29°28'03" East, 166.88 feet to a point; thence South 1`5°31'57" West, 69.33 feet to a point; thence South 74°28'03" East, 10.00 feet to a point; , thence South 15°31'57" West, 20.00 feet to a point; thence North 74°28'03" West, 10.00 feet to a point; thence South 15°31:57" West,. 80.34 feet to a point,• thence South 60°3.1'57" West, 1.87.15 feet to a point; thence North 74°28'03" West, 136.78 feet to a point; ,_ . !_ rJ~U-B ~ ~ Exhibit 'A' gineers Surveyors Planners ( Locust Grove Water Line Easement November 20, 2002 Page 2 thence South 15°31'57". West, 10.00 feet to a point; thence North 74°28'03" West, 20.00 feet to a point; thence North 15°31'57" East, 10.00 feet to a point; thence North 74°28'03" West, 3.25 feet to a point; thence South 37°31'57" West, 133.57 feet to a point on anon-tangent curve; - thence along said curve to the right, .20.06 feet, with a delta of 4°10'48", a radius of 275.00 feet, .tangents of 10.04 feet and a lon g chord which bears North 48°05'13" West,:20.06 feet to a point; thence North 37°31'57" East, 145.53 feet to a point; thence South 74°28'03" East, 165.24 feet to a point; thence North 60°31'57" East, 170.58 feet to a point; thence North 15°31.'57" East, 153.10 feet to a point;. thence North 29°28'03" West, 150.31 feet to a point; thence North 74°28'03" West, 146.55 feet to a point; - 'thence North 89°34'35" West, 185.93 feet to a point; thence South 15°31.'57" West, 100.70 feet to a point; thence South 74°28'03" East, 20.00 feet to a point; thence South 15°31'57". West, 20.00 feet to a point; thence North 74°28'03" West, 20.00 feet to a point; thence South 15°31'57" West, 52.28 feet to a point; thence South 60°31'57" West, 153.89 feet to a point; thence North 29°28'.40" West, 20.00 feet to the POINT OF BEGINNING. Said parcel containing 30,887 square feet (0.71 acres), .more or less: END OF DECRIPTION Prepared by: J-U-B ENGINEERS, Inc. °" ~ A Ronald M. Hodge, P.L.S. ~ j / / 8575 $ ~' '~p~ r~ 0~,~~ ~'' q~p M. RMH:Ihc f:\projectmanagers\GAL\11850\decnptions\11850merh2oeas. doc W ~ 3 t~ ~~ ~ ~ ~~Oa ~ ~' ~ ~~ ~ t!! o°~ ~~ ~i / 5~' ~ Stir ~~~ 1 ~S.I~S~Iy\~~s`. ~ _~! c / /a~ ~ N / /~' 3~~ 3 / - \E' W /~ '~ ~, ~-`' '~ ~ ~g /~~ ~ ~ ~ 2O~ ~ ~2 N/ /~ ~~ N~ I ~ ~ N j ~~~I ~, / ~ ~ ~ az r' N /,. ~ I ~ ~ s~/ a ~ ~/ ----~ o ~13~~ ~b W ~~ ° g O ~ ~N~N~. ~S' " ~ Iz 3.~st ~ [N7 ^ ~ ~ ~ Z ~ o y P ~' ~ N ~J ~ ~ N ~ o ~ c ~3\~!~ . p~0 ~~~o ~ G~~SS\~G ~ ~N n N ~~ ~ ~~ `LB S ~ ~ Z Z ~~ ~ S~9 ~'~~o~ Z z Z BPS'( W w ~ ~ J~~~ m w W ~-y-~ ^ ~ W ,~ c~ r- ao m j W ~ °Z 3W N T O z_ • ZC9 W "~_ _L r~r^~ _I ~ ~ m ~ i~ ` rr O \~_o X V W ~ ~ N tp ~ ~ U ~_ Z W ~ ~ °i " ~~' All ~~~ Q ~ ~ ~ ZMo U U ~ Z G O ~Ua J N N .'~~, ^ ,6Z'~8Z _ _ ~ M„~0, L~.OOS M 42i 3~02i9 1Sf1~Ol 'N 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- 02'1 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: K. Water Service Easement, Meridian High 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.