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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 PAI~..~~af ~' 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 ) ss 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. ~~.- P ~ ....: v0 -.~. ;~,, CG ~•~ ~~ 9 •, w ~ ~~TARr ~o c; ' "~~ ~' * ~ pUHb~~ ~O , GRANTEE: CI`I"f~4P~RID. NOTARY PUBLIC FOR IDAHO Residing ~~~ ~~ Commission Expires: ~ ~ 21 ~ 2001 at Hav3 ss-wat Page 2 Havasu 3.SWR.do~ c^ P r a `n dQ G~1uc,cG _ f'rClidGo,.~ Gr j'/' Attest by William G. Berg, City Clerk \\tltt11t1i1t!!!!~~/ / \ ~i•~ i Y~ o SEAL _- 's'p vsT ts~ ,~C `~~~ i OQ+ 1\0~ /~~~''q COUNTY ~ \\\\`~~ //~!!!9llJIII i1i111\\\ Approved By City Council On: Hav3 ss-wat Page 3 Havasu 3.SWR.doa~~ P STATE OF IDAHO, ) ss. County of Ada ) ., (,J~ 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. ~•...... N S~:• (SEAL) :~~,,~ ,f- ,~ ~ NOTARY PUBLIC FOR IDAHO RESIDING AT:. c(a. ;~ ~ MY COMMISSION EXPIRES: ~~ M ~ ~ ~ •~ ~; ,,~L1G~0 ~ •~~~~r•• Paee.~-~ \ V-- 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. y i.Alkp ~~ E OF ~~PP~45 8L E. 30203-SS1 SANITARY SEWER EASEMENT Pag~~~.,._. I EXHIBIT 6 ~- -- -- -l -- -- -- - N -' I I M I PROPOSED *- O Z OI CZ I I W W I N I W lam Q a ~ ITV ~ ~ W PROPOSED a y ~ m HAVASU CREEK NO. 4 i ~ ~ V \ l Q 16~ti. \ = 0165,: 0 15g. \ ` ~ I N 25'07'14" W 170.77' ' I ~_ - _.. _ 10 ~ ~~ ~, V' _ - ~- _ i ( iii -~ - ' ~~ PROPOSED M~ COBRE BASIN NO. 2 I 0 , Z~ ~-- -- -_~ S 89'46'20° E 600.37' ~ HAVASU CREEK NO. 2 ~ ~ I -10' I I^ N 00'34'16" E 48.69' N 09'39'27" E 52.40' U~ ~~ ~° 5 EL E•~/ I n n u 55~ - _ 30.29 I ((( McMILLAN ROAD I N 55'36'48" E 99.03' N 27'36'00" E 34.50' 3 ~ I ,52 q ~(~ I I ~ Q'y I p I ~ ~ I o I O N w ~ ~~~ ~ ~ d' CJ~ I ;~ ~ ~ o p N 00'13'40" E 20.49' JQ- I M Z J~ I o `n O I J CENTER _ _ _ _ - - - _~ -_ ~ _ N 89'46'20" W 2501.98' _ 1 /4 CORNER 1/4 CORNER ~ _ ~ I - - - ~- -~ FU~U E Q~NZ2~ ~OIIfAM ~ ~ ~ ~ L~~~ I ~ ~~~ ~ ~ ~- ,~ ~ ~ ~ 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' ~ ~ ~~ 55 ~ I > __ __ _J =_ POINT - - 1 I BEGINNING POINT ~ I 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