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Sanitary Sewer and Water Main Easement with Primeland Development, LLP for Bridgetower Crossing School SiteADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAH012/17/03 09;59 AM B DEPUTY Bonnie Oberbillig RECORDED-REauEST of III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III Meridian City Public Works AMOUNT ,Op 1 ~,~~~~$~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~ da of~b~+' 03 the rarties ofthe first part, and hereinafter called the Grantors and the City ofM~di~, Ada, Count ~ 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. 3025-Sanitary Sewer and Water Main Easement EASMT.S&W.doc o,wl Mlo 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. G TOR: J' Managing Partner STATE OF IDAHO ) ss County of Ada ) On this ~~ da of Y ~ , 2~~, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank S. Varriale known or identified to me to be the Managing partner of the Limited Liabili Com an s L.L.P that executed the within instrument, and acknowledged to me that d Company executed the same. IN WITNESS WHEREOF, I have and year fist above written. ®~~~+ pp,~ yy Y~'0 •O~p, '°i~ L~ 1u '~~~ ~tde, • 4'~ l`~OTA~' f. .~ ~ r _. • s o ~~'~., F OF 1~ ~~~~~ 3025-Sanitary Sewe~lhtd.Wl~~~ain Easement set my hand and affixed my official seal the day N~TARY P R iding at:_ Commission FOR IDAHO 24 EASMT.S&W.doc Page.~pf. GRANTEE: CITY OF MERIDIAN obe D. Come, Mayor \~~~~~'~~~~+u~,,,~ .~`~~~ 4F ME~'i/ ~~`'%. ,,. .~ o Attest by William G. Ber ,City Clerk SEAL = ~G ~o`~ Approved By City Council On: 1 (~ Q~`M ~"FU~O_ S-~'-~1.1 _ ,nQ~~.~ STATE OF IDAHO, ) ss. County of Ada 1 On this ~,~ ~ da of ~1.u ~ ----- Y , 2003, before me, the undersigned, a Notary Public in and for said State, perso y appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, 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 arced my official seal the day and Year first above written. (SEAL) ~ ~orA~ . ~ ~.. ;~ s to r J,~: ., ,~ .`'~~ri 3025-Sanitary Sewer and Water Main Easement Dy NOTARY PUBLIC FOR IDAHO Residing at: {/1 ~ ,y,~~ Commission Expires:~_Z - 6 c~ ,~~~ti~P ~~. o vg~tr~ Q' : pT A1~ .~ r ~•.. ~t PVBL~G . • O; TyTP OF t~a~a~e EASMT.S& W.doc ~"aBe~~ IDAHO 1450 East Watertower St. SURVEY Suite 150 Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 EXHIBIT A October 15, 2003 DESCRIPTION FOR OFFSITE WATER AND SANITARY SEWER EASEMENT PROPOSED BRIDGETOWER CROSSING SCHOOL SITE An easement for operation and maintenance of domestic water and sanitary sewer lines, located in the N % of Section 35, T.4N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of said Section 35, from which the 1/4 corner common to Section 26, T.4N., R.1 W., and the said Section 35, bears North 89°28'07" West, 2625.56 feet; thence along the north line of said Section 35, North 89°28'07" West, 1833.74 feet, feet to the REAL POINT OF BEGINNINGhence South 00°31'53" West, 930.73 Thence South 27°00'00" East, 70.01 feet; thence South 63°00'00" West, 31.86 feet to a point of curvature; thence 346.81 feet along the arc of a curve to the right, having a radius of 725.00 feet, a central angle of 27°24'27" and a long chord bearing South 76°42'14" West, 343.51 feet to a point of reverse curvature; thence 280.34 feet along the arc of a curve to the left, having a radius of 275.00 feet, a central angle of 58°24'27" and a long chord bearing South 61°12'14" West, 268.35 feet to a point of tangency; thence South 32°00'00" West, 417.51 feet to a point of curvature; thence 128.28 feet along the arc of a curve to the right, having a radius of 525.00 feet, a central angle of 14°00'00" and a long chord bearing South 39°00'00" West, 127.96 feet to a point of tangency; thence South 46°00'00" West, 120.06 feet to a point of curvature; thence 50.32 feet along the arc of a curve to the left, having a radius of 93.00 feet, a central angle of 31°00'00" and a long chord bearing South 30°30'00" West, 49.71 feet to a point of tangency; Professional Land Surveyors ~ ~ I n Pte--=AIL. ~ . . . thence South 15°00'00" West, 112.15 feet to a point on the northerly right- of-way of W. Belltower Drive; thence along said right-of--way North 75°00'00" West, 68.00 feet; thence leaving said right-of--way North 15°00'00" East, 64.44 feet to a point of curvature; thence 112.00 feet along the arc of a curve to the right, having a radius of 207.00 feet, a central angle of 31°00'00" and a long chord bearing North 30°30'00" East, 110.64 feet to a point of tangency; thence North 46°00'00" East, 137.26 feet to a point of curvature; thence 116.06 feet along the arc of a curve to the left, having a radius of 475.00 feet, a central angle of 14°00'00" and a long chord bearing North 39°00'00" East, 115.78 feet to a point of tangency; thence North 32°00'00" East, 417.51 feet to a point of curvature; thence 331.31 feet along the arc of a curve to the right, having a radius of 325.00 feet, a central angle of 58°24'27" and a long chord bearing North 61°12'14" East, 317.15 feet to a point of reverse curvature; thence 286.73 feet along the arc of a curve to the left, having a radius of 675.00 feet, a central angle of 24°20'19" and a long chord bearing North 78°14'18" East, 284.58 feet to a point; thence North 27°00'00" West, 19.04 feet; thence North 63°00'00" East, 68.00 feet to the Point of Beginning. Said easement containing 79,073 SF, more or less. Prepared by Idaho Survey Group, P.C. 4,4~'~ °~ ~, /4'C6 ~ ® TrF of ~aaG~ ~°~RY P~~ D. Terry Peugh, PLS ~-5 l o L.. '"" l 'a 3 I~ 0 m 3 0 z EXH I B IT B _ _ _ _ _ N 8s•2e"o7'w ,833.,a"_ '~----T._._.._..~~~25 I I------_ 3536 I (- SCHOOL jSITE ~ ~ \ I ' ~' I-- I ~I ~ i i ~_o ~' M I . /~ ~}y~+I i n I z VI t.T.t ~~41.^ . ~I J~"`~.L L 1 j \ ~ . cuRVE RADIUS oaTA C1 93.00 31'00'00" C2 675.00 24'20' 19" C3 725.00 27'24'27" C4 325.00 58'24'27" C5 475.00 1400'00" C6 207.00 31'00'00" C7 275.00 58'24'27" C8 525.00 14'00'00" cum T9BLE ARC TANGENT 50.32 25.79 286.73 145.56 346.81 176.79 331.31 181.66 116.06 58.32 112.00 57.41 280.34 153.72 128.28 64.46 CHORD 49.71 284.58 343.51 317.15 115.78 110.64 268.35 127.96 CHORD BRG s 30'3o'oow N 78'14'18"E S 76'42'14w N 61'12'14"E N 39'00'00'E N 30'30'00`E S 61'12'14w S 39'00'OOw ScA~ '~=300" BRIDGETOWER CROSSING DWG.DATE 10/15/03 bkb SCHOOL SITE PROJ. No. 3025 PROPOSED WATER AND SANITARY SEWER SHEET EASEMENTS 1 OF 1 LOCATED IN THE NE 1 /4 OF SECTION 35, T.4N., R.1W., B.M. 3025-EASE.DWG MERIDIAN, ADA COUNTY, IDAHO TT-f-1'T ~~ T ~ \--~-- ENGINEERING SOLUT/OIVS~ 150 E. AIKENS STREET, SUITE B Fnone (208) s3~8-to so ~ ax (toe) see-os4~ I _ , _ . W. McMILLAN ROAD City of Meridian, Public Works Engineering Infe~ce Memo RFC~IVEl Toe Will Berg ~~ Karie Gienn DEC 18 2003 ~_ City of Meridian City Clerk Office Datiee 12/17/2003 Ree Original /Recorded pots for Vault 1) Sanitary Sewer and Water Allain Easement for 8ridgetower Crossing Sdiool Site (Primelarld Development LLP) From the desk ~... Kane A Clean Dept• Specialist Supervisor PubNc Works: E p 660 E Watertow+er Ste Z00 Meridian, Idaho 83642 2600 0108) 896 1600 Fax: (208) 898.9557 • Page 1 Meridian City Council Meeting December 9, 2003 Pg. 3 of 55 Findings of Fact and Conclusions of Law for Approval: PP 03- 025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: K. Agreement for Professional Services, Brown Environmental - Operator Training Services: L. Memorandum of Understanding with Ada County Highway District for Routine Maintenance Activities in the Public Right of Way: M. Approve Beer License for Pizza Hut - 1752 W. Cherry Lane: De Weerd: Okay. Item No. 3 is the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with Items A, B, and C being moved to 5A, 5B and 5C on the regular agenda and for the Council President to sign and the Clerk to attest on all proper papers. McCandless: Second. De Weerd: Okay. It's been moved and seconded to remove Items 3A, B and C to 5A, B and C and City Council President to sign and Clerk attest. Mr. Clerk. Roll-Call: McCandless, yea; Nary, absent; de Weerd, yea; Bird, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4. Department Reports: A. Mayor's Office -Mayor 1. Re-appointment of Bruce MacCoy to Park's and Recreation Commission - 10-03 to 10-06: