Sanitary Sewer and Water Main Easement with Lochsa Falls, LLC for Lochsa Falls SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO g
BOISE IDAHO 08114/03 12:32 PM
DEPUTY Michelle Turner
Merid ao CiryREQUEST OF II I I I II'I I I~ I I II II'I~I' II'I II I I I II'II
AMOUNT .00 103137105
SANITARY SEWER AND WATER MAIN EASEMENT
Lochsa Falls Subdivision
THIS INDENTURE, made this ~~day of ~~, 20 03 between Lochsa Falls 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;
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.
Sanitary Sewer and Water Main Easement Page 1 Lochsa falls
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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.
GRANTOR:
Lochsa Falls LLC
Marty oldsmith, Member
STATE OF IDAHO
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County of Ada )
On this 2~ s~ day of ~u~.U , 20 03, before me, the undersigned, a Notary
Public in and for said State, personally appeared Marty Goldsmith, known or identified to me
to be a member of the limited liability company that executed the within instrument, and
acknowledged to me that such limited liability company executed the same.
IN VYj.'~1ESty-N~~IEREOF, I have hereunto set my hand and affixed my official seal the day
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GRANTEE:''Oj~i~~(~'1VIERIDIAN
NOTARY PUBLIC FOR IDAHO
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Commission Expires: x'21 ~ 201
Sanitary Sewer and Water Main Easement Page 2 lochsa falls
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Attest by William G. Be , Ci Clerk '~'~~rrrrrrrrr ~~~~~~`~~~~
Approved By City Council On:
Sanitary Sewer and Water Main Easement Page 3 lochsa falls
pag~of l51
STATE OF IDAHO, )
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County of Ada )
On this ~ ~~ day of ~~ ~~ , 2003, before me, the I a~rvu~ do ~`~ ~d
undersigned, a Notary Public in and for said State, personally appeared
-~°~ and WILLIAM G. BERG, JR., known to me to be the nd Ci Clerk,
C~+`~ ~ Co U,n c~ t ~ re ~ aLc~1
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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(SEAL) ••• O_N S.~•.• NOTARY PUBLIC FOR IDAHO
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EXHIBIT "A"
DESCRIPTION FOR
CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT THROUGH
UNPLATTED PHASES OF LOCHSA FALLS SUBDIVISION
CITY OF MERIDIAN, IDAHO
July 14, 2003
AN EASEMENT FOR SANITARY SEWER AND WATER LINE CONSTRUCTION,
OPERATION AND MAINTENANCE, LOCATED IN SECTION 26, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST'/ CORNER OF SECTION 26, T4N., R1 E., B.M.,
THENCE S 00°25'24" W 336.69 FEET ALONG THE EAST LINE OF SAID SECTION 26
TO A POINT; THENCE N 00°00'00" W 1627.62 FEET TO A POINT ON THE WEST
BOUNDARY OF LOCHSA FALLS SUBDIVISION NO. 1, THE BEGINNING POINT OF
THIS EASEMENT CENTERLINE DESCRIPTION;
SAID EASEMENT BEING 20.0 FEET RIGHT AND 10.0 FEET LEFT OF CENTERLINE:
THENCE N 89°04'13" W 845.00 FEET TO A POINT;
THENCE N 00°46'46" E 267.64 FEET TO A POINT;
THENCE N 46°20'45" W 169.61 FEET TO A POINT;
EASEMENT CHANGES TO 20.0 FEET RIGHT AND 45.41 FEET LEFT;
EASEMENT TAPERS FROM 45.41 FEET LEFT TO 82.31 FEET LEFT;
THENCE N 46°20'45" W 40.00 FEET TO A POINT;
END TAPER;
EASEMENT CHANGES TO 20.0 FEET RIGHT AND 10.0 FEET LEFT:
THENCE N 46°20'45" W 209.64 FEET TO A POINT;
THENCE S 63°28'04" W 123.10 FEET TO A POINT;
THENCE N 89°30'16" W 1107.40 FEET TO A POINT;
THENCE S 00°29'44" W 139.56 FEET TO THE ENDING POINT OF THIS EASEMENT
CENTERLINE DESCRIPTION.
Michael E. Marks, P.L.S. No. 4998
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Meridian City Council Meeting
August 5, 2003
Page 3 of 56
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
008 Request for Preliminary Plat approval of 89 building lots and 7
other lots on 34.52 acres in a proposed R-8 zone for proposed
Birchstone Creek Subdivision by Centennial Development, LLC
- northwest corner of West Ustick Road and North BIaCk Cat Road:
I. Findings of Fact and Conclusions of Law for Approval: VAR
03-013 Request for a Variance to Meridian City Code 12-4-5
requiring blocks to be not less than 400 feet and not more than
1,000 feet in length for Birchstone Creek .Subdivision by
Centennial Development, LLC -northwest corner of West Ustick
Road and North Black Cat Road:
J. May 2003 Addendum to Development Agreement: (Touchmark
Living Centers AZ 99-0021) /CUP 03-005 Request for a
Conditional Use Permit for a Planned Unit Development for
Meadow Lake Village by Hummel Architects, P.A. -east of South
Eagle Road on East Franklin Road:
K. Development Agreement: AZ 00-026 Request for annexation
and zoning of 5.4 acres from Ada County RT zone to R-8 for a
proposed Planned Development for proposed Bear Creek
Subdivision No. 6 (fka !approved as Kodiak Development) by
Bear Creek LLC -west of Meridian Road one-half mile south of
Overland Road:
L. First Addendum to Exhibit "A" Legals of the Development
Agreement: AZ 00-018 Valley Shepherd Church of the
Nazarene:
M. June 2003 Addendum to Development Agreement: AZ 99-010
Queenland Acres, Inc. and Bear Creek, LLC:
N. Development Agreement: AZ 03-006 Request for annexation
and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40,
L-O, and C-G zones for proposed Paramount Subdivision by
Paramount, LLC -west of North Meridian Road and north of West
McMillan Road:
O. Sewer and Water Main Easement for Lochsa Falls Subdivision:
P. Sewer Main Easement for Havasu Creek Subdivision No. 2:
Q. Sewer Main Easement for Havasu Creek Subdivision No. 3:
Meridian City Council Meeting
August 5, 2003
Page 4 of 56
R.
S.
T.
U.
V.
Water Main Easement for Creekside Arbour Phase 3:
Approve Purchase of Lot in Castlebrook Subdivision No. 1 for
Black Cat Lift Station:
Streetlight Agreement for Cedar Springs Subdivision No. 2:
Change Order No. 1 for Well No. 24 Pumping Facilities -
Irminger Construction:
Approve Bills:
De Weerd: Item Number 3, Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, with the exception of moving Items D, E,
and F to 6-D, 6-E and 6-F on the regular agenda.
Nary: Second.
Bird: And for the Mayor to sign and the Clerk to attest on afl proper papers.
Nary: Second.
De Weerd: Okay. There is a motion to approve the Consent Agenda, Mayor to sign
and Clerk attest all appropriate papers. All those in favor say aye. Oh, I'm sorry. Mr.
Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4. Department Reports:
A. Public Works Department:
1. Discussion of Silverstone Corporate Center Weli Site,
Well No. 23 -Brad Watson:
De Weerd: Okay. Item 4. Department reports. Public Works. Brad.
Watson: Thank you, Madam President, Council Members. I trust you have a copy of
the memo that I wrote to you last week. There is really no new information. As I stated
in that memo, it was my understanding from the April 22"d Pre-Council Meeting that you