Water Main Easement with Leavell, William and Lucile for Creekside Arbour (2)ADA COUNTY RECORDER J. DAVID NAVARRO -
BOISE IDAHO 08114103 12:32 PM II I II III
DEPUTY Michelle Turner III IIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED-REQUEST OF
Meridian City 10313'7107
AMOUNT .00
WATER MAIN EASEMENT
THIS INDENTURE, made this 29th day of _ July , 2003 between William &. Lucile Leavell ,the parties of the
first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe 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 fromtune
to time by the Grantee;
NOW, THEREFORE, inconsideration 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 construction, operation, maintenance, repair, replacement of a watermain over and
across the following described property:
{SEE ATTACHED EXl hBIT A and B)
The easement. hereby granted is for the purpose of constntction 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, perfarn-ring other maintenance or making subsequent connection to thewater
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 thatwas 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 shnrbs 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 tyre 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.
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized andpossessed ofthe
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 WI~REOF, the said parties of the first part have hereunto subscribed their signatures the
day and year first herein above written.
GRANTOR:
William Leaven, Man er
vile Leaven, Manager
STATE OF IDAHO )
) SS
County of Ada )
On this 29th day of July , 2003 ,before me, the undersigned, a Notary Public in and for said
State, personally appeared William Leaven and Lucile Leaven ,known or identified to
me to be the managers of the LLC that executed the within instrument, and acknowledged to me that such
LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written.
GRANTEE: CITY OF MERIDIAN
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hest by William G. Berg, Ci Clerk ',',~'/~~~U~Y ~~\OQ~•\`\`
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Approved By City Council On: \ ~ Y
Water Main Easement Page 2 03-02
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STATE OF IDAHO, )
ss.
County of Ada )
On this 13'x` day of ~ (.Z..~~"~ , 2003, before me, the ~ ~~ ~~~
undersigned, a Notary Public in and for said State, personally appeared
^^-and WILLIAM G. BERG, JR., known to me to be the Pdleper and City Clerk,
~~ Cou-~ l f rr$~'c~r~{
respectively, of the City of Meridian, Idaho, and who executed the within instrument, ands
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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'~ NOTARY PUBLIC /F~OR IDAHO
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MY COMMISSION EXPIRES: "Y- LR -CJJ
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Civic Engineering • Land Surveying • Laid Planning - _ _
~0 BroadH~ay Ave., Suite B, Boise, Idaho 83702
Exhibit A
July 28, 2003
Legal Description
For
Waterline Easement
Project No.:1323
A waterline easement located in the northwest quarter of Section 7, Township 3 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a found brass cap monumenting the northeast corner of the northwest quarter
of Section 7, Township 3 North, Range 1 East, Boise Meridian, and thence South 88°35'49"
West, a distance of 390.00 feet to a point; thence South 00°36'03" West a distance of 310.04 feet
to a 5/8" rebar; thence South 89°11'2b" West, a distance of 23.61 feet to a point on the
southwest+eerly line of an existing waterline easement per instrument #100081728; thence South
45°06'34" East along said existing waterline easement, a distance of 8.09 feet to a point said
point being the POINT OF BEGIlVNING:
thence continuing South 45°06'34" East along said line, a distance of 28.64 feet bo a point;
thence North 89°23'57" West; a distance of 27.24 feet to a point;
thence South 00°36'03" West, a distance of 35.44 feet to a point
thence North 89°23'5T' Wesiy. a distance of 13.00 feet to a point;
thence North t)0°36'03" East, a distance of 35.44 feet to a point;
thence North 89°23'57" West, a distance of 110.74 feet to a point;
thence South 00°36'03" West, a distance of 35.44 feet to a point;
thence North 89°23'5T' West, a distance of 13.00 feet to a point;
thence North 00°36'03" East, a distance of 35.44 feet to a point;
thence North 89°23'57" West, a distance of 53.65 feet to a point;
thence South 00°36'03" West, a distance of 8.00 feet to a point;
thence South 89°23'5T' East, a distance of 1250 feet to a point;
thence South ~?°36'03" West, a distance of 20.00 feet to a point;
thence North 89°23'57" West, a distance of 1250 feet to a point;
thence South 00°36'03" West, a distance of 159,40 feet to a point;
thence South 44°23'57" East; a distance of 20.76 feet to a point;
thence South 89°23'57" East, a distance of 41.82 feet to a point;
thence North 00°36'03" East, a distance of 23.41 Beet to a point;
thence South 89°23'57" East, a distance of 13.00 feet to a point;
R\PYojeds\Newby\13231Admifl\I.egals\Water easem~N.doc 81g~
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thence South ~°3b'03" West, a distance of 23.41 feet to a point;
thence South 89°23'5T' East; a distance of 84.57 feet to a point;
thence North 00°36'03" East; a distance of 21.83 feet do a point;
thence South 89°23'57" East; a distance of 13.00 feet to a point;
thence South 00°36'03" West, a distance of 21.83 fleet to a point
thence South 89°23'ST' Easy, a distance of 56.21 feet to a point;
thence South 00°00'12" West a distance of 20.00 feet to a point;
thence North 89°23'ST' West a distance of 38.1b feet to a point;
thence South 00°36'03" West, a distance of 38.91 feet to a point;
thence North 89°23'57" West; a distance of 13.00 feet to a point;
thence North ~°36'03" East; a distance of 38.91 feet bc> a point;
thence North 89°23'57" West; a distance of 12296 feet to a point;
thence South 00°36'03" West, a distance of 4257 feet to a point;
thence North 89°23'5T' West; a distance of 13.00 feet to a point;
thence North 00°3b'03" East; a distance of 42.57 feet to a point;
thence North 89°23'57" Wes#, a distance of 29.97 feet to a point;
thence North 44°23'5T' West; a distance of 37.33 feet to a point;
thence North 00°36'03" East; a distance of 215.68 feet to a point;
thence South 89°23'57" East; a distance of 217.13 feet to a point;
to the POINT OF BEGINNING.
The above described easement contains 0.37 Acres, more or less, subject to all existing
easements and rights of way.
Prepared by Rennison Engineering, PLLC.
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Meridian City Council Meeting
August 5, 2003
Page 4 of 56
R.
S.
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V.
Water iNain 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 all 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 A'fES.
Item 4. Department Reports:
A. Public Works Department:
1. Discussion of Silverstone Corporate Center Well 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