Sanitary Sewer Easement with Havasu Creek LLC for Havasu Creek SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO -
BOISE IDAHO 08114103 12:32 PM II'I'lll'll
DEPUTY Michalle Turner III I'IIIIII'I'IIII'IIIIIII
RECORDED -REQUEST OF 1 ~~ 1 ~~ 1 ~~
Meridian City
AMOUNT .00
SANITARY SEWER EASEMENT
Havasu Creek Subdivision
THIS INDENTURE, made this Z~ sday of ~, 20 between Havasu Creek 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 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
Hav Cr ss-wat Page 1 Havasy,~SWR. oc 0~
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:
Havasu Creek LLC
Marty oldsmith, Member
STATE OF IDAHO )
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County of Ada )
On this ~ day of C~u~~ , 20d 3, 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 WITNESS ~~REOF, I have hereunto set my hand and affixed my official seal the day
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and yea~~~~b~y~~rit~n.
w ~ ~pT AR r : ~ ' NOTARY PUBLIC FOR IDAHO
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GRANTEE: CITY ~'~RIDIAN
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Attest by William G. B rg, ity Clerk ,'%,~'~~Itll(!NT(,```~~~~•``~
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
On this ~ ~~~ day of ~ ~~~ , 2003, before me, the 1Ar-1}n ~ cal e ~ ~~ee~'c~
undersigned, a Notary Public in and for said Sta e, personally appeared `
69~I~E and WILLIAM G. BERG, JR., known to me to be the~Aeyer~and City Clerk, ~-h~Co~:rtt;~l~re~der~
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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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; thence
N 00°13'40" E 20.49 feet to a point on the centerline of a sanitary sewer line to the
BEGINNING POINT of this centerline description;
Along said centerline the following:..
Thence N 00°13'40" E 515.37 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 55°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 leaving the property of the easement grantor
the following (Easement supplied by others.):
Thence continuing 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 reentering the property of the
easement grantor and continuing easement;
Thence N 65° 16'32" E 125.74 feet to a point;
Thence S 46°25'53" E 64.93 feet to.a point;
Thence S 89°46'30" E 390.53 feet to a point on the boundary of Havasu Creek
Subdivision No. 1, the ENDING POINT of this centerline description.
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21106-SS1
SANITARY SEWER EASEMENT
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EXHIBIT B
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v HAVASU CREEK NO. 4 = 6y16¢ti
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I N 25'07'14" W 170.77' ~
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S 89'46'20" E 600.37' _ ; -~
HAVASU CREEK NO. 2
I ~ N 65' 16'32" E 125.74'
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ENDING
~, _ S 89'46'30" E
-S 46'25'53" E 64.93'
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-N 00'34'16" E 48.69'
-N 09'39'27" E 52.40'
I ~N 55'36'48" E 99.03'
N 27'36'00" E 34.50'
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CENTER _ N 00'13'40" E 20.49'
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REVISION BY: I SANITARY SEWER EASEMENT
07/11/03 MNM
SHEET 1 OF 1
~~~~~~
21 106-SSI.DWG
HAVASU CREEK SUBDIVISION
LOCATED IN THE NE 1/4 OF SECTION 31
TOWNSHIP 4 N., RANGE 1 E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
DWG DATE: DWG N0. SCALE:
04/09/03 KDH 21106 1"= 300'
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McMILLAN ROAD 30.29
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1/4 CORNER
BRIGGS ENGINEERING, INC.
BRIGGS
ENGINEERS PLANNERS SURVEYORS
1800 W. OVERLAND ROAD ' BOISE, IDAHO 83705 • (208)344-9700
~.X
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 comer 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 comer of West Ustick
Road and North Black Cat Road:
J. May 2003 Addendum to Development Agreement: (Touchmark
Living Centers AZ 89-0021) !CUP 03-005 Request for a
Conditional Use Permit fora Planned Unit Development for
Meadow Lake Villa4e 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. Water Main Easement for Creekside Arbour Phase 3:
S. Approve Purchase of Lot in Castlebrook Subdivision No. 1 for
Black Cat Lift Station:
T. Streetlight Agreement for Cedar Springs Subdivision No. 2:
U. Change Order No. 1 for Well No. 24 Pumping Facilities -
Irminger Construction:
V. 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. 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