Sanitary Sewer Easement with Martin LLC for Havasu Creek SubdivisionADA COUdTY RECORDER J. DAVID NAVARRO d
BOISr IDAHO 08114!03 12:32 PM
DEPUTY Michelle Turner II I I I II II I II I I II II !III I II II I II I III III
RECORDED-REQUEST OF
Meridian City 1 ~~ 1 ~~ 10~
AMOUNT .00
SANITARY SEWER EASEMENT
Havasu Creek Subdivision
THIS INDENTURE, made this Zt' ~ay of cT~, 20 ~.~ between Martin LLC, the parties of the
first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry
of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewerright-of--way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service 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 Grantee the right-of--way for an easement for the operation and maintenance of a sewer
line 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 sanitary
sewer line 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.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Hav3 ss-wat Page 1 Havasu 3.SWR.doc
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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:
Martin LLC
stin Martin, Managing Member
STATE OF IDAHO )
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County of Ada )
ntSY
On this !-1 day of J~~U , 20 `' ,before me, the undersigned, aNotary
Public in and for said State, personally appeared Justin Martin, known or identified to me to
be the managing member of the limited liability company that executed the within
instrument, and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ve~'$s~t~a~iQ~~x'itten.
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GRANTEE: CI`I"f~4P~RID.
NOTARY PUBLIC FOR IDAHO
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Commission Expires: ~ ~ 21 ~ 2001
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Attest by William G. Berg, City Clerk
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Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
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On this~~day of ~-~n~~t , 2003, before me, the
undersigned, a Notary Public in and for said State, personally appeared
-G9RRtE and WILLIAM G. BERG, JR., known to me to be theibFapat~~nd City Clerk, ~~- ('~~~L(''~,~p~,~~{,~.t
respectively, of the City of Meridian, Idaho, and who executed the within instrumen~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) :~~,,~ ,f- ,~ ~ NOTARY PUBLIC FOR IDAHO
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EXHIBIT A
A CENTERLINE DESCRIPTION FOR
SANITARY SEWER EASEMENT
HAVASU CREEK SUBDIVISION
July 11, 2003
An easement for sanitary sewer facilities located in the NE'/4 of Section 31, Township 4
North, Range 1 East, of the Boise Meridian, Meridian, Ada County, Idaho, being more
particularly described as follows:
A strip of land 20.0 feet in width, 10.0 feet on each side of the described centerline:
Commencing at the East 1/4 corner of Section 31, T. 4 N., R. 1 E., B.M.,
Thence N 89°46'20" W 2501.98 feet along the center section line to a point on the
centerline of a sanitary sewer line (Easement supplied by others);
Along said centerline the following:
Thence N 00°13'40" E 535.86 feet to a point;
Thence N 27°36'00" E 34.50 feet to a point;
Thence S 89°46'20" E 600.37 feet to a point;
Thence N ss°36'48" E 99.03 feet to a point;
Thence N 09°39'27" E 52.40 feet to a point;
Thence N 00°34' 16" E 48.69 feet to a point on the boundary of proposed Havasu Creek
Subdivision No. 3, the BEGINNING POINT of this centerline description;
Thence N 00°34' 16" E 502.98 feet to a point;
Thence N 25°07' 14" W 170.77 feet to a point;
Thence N 65°16'32" E 159.01 feet to a point on the boundary of proposed Havasu Creek
Subdivision No. 3, the ENDING POINT of this centerline description.
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30203-SS1
SANITARY SEWER EASEMENT
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EXHIBIT 6
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HAVASU CREEK NO. 2
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I N 55'36'48" E 99.03'
N 27'36'00" E 34.50' 3 ~ I ,52
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CENTER _ _ _ _ - - - _~ -_ ~ _ N 89'46'20" W 2501.98' _ 1 /4 CORNER
1/4 CORNER ~ _ ~ I - - - ~- -~
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REV'S'°" : BY: SANITARY SEWER EASEMENT BRIGGS ENGINEERING, INC.
HAVASU CREEK SUBDIVISION B R I G G S
SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 31 ENGINEERS PLANNERS SuRVEYORs
TOWNSHIP 4 N., RANGE 1 E., B.M.
~~ ~ ~ ~T DWG DATE: MERID~~ANNCADA COUNTY, IDAHO 1800 W. OVERLAND ROAD 'BOISE, IDAHO 83705 • (208)344-9700
30203-SSI.DWG 07/11/03 MNM 30203 1"= 300' ~ ~
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POINT
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BEGINNING POINT ~
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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 Black Cat Road:
1. 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 comer 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 fora 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-0, 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 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 AYES.
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. l 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 22nd Pre-Council Meeting that you