Sanitary Sewer and Water Main Easement with Primeland Development Company for Bridgetower Crossing Subdivision No. 3
ADA COUNTY RECORDER J, DAVID NAVARRO 6
BOISE IDAHO 06120103 10:48 AM
DEPUTY Kris Vaughn
R{~CpRDED-REQUEST OF ~II ~~~I~~~~~~~~I~~I~~~I~~~II~~~~~~ ~I~
Meridian Cary 10310130
AMOUNT .00
SANITARY SEWER LINE AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~~day of , 20 D.~ ,between Primeland
Develo ment Com an LLP, the party of the firs~and hereinafter called the Grantor, and the
City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desire to provide sanitary sewer line and water main rights-of--way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer line and water main are to be provided 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 Grantor, and other good
and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee
the rights-of--way for an easement for the operation and maintenance of sanitary sewer line
and water main over and across the following described property:
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer lines and water main 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 rights-of--way unto the said Grantee, its
successors and assigns forever.
SEE ATTACHED EXHIBITS A, B, C, AND D.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the
Grantee, in making future repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees, or brush placed within the area described in this easement.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures, large trees, or brush within the area described for this easement, which
would interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of
20602 Sanitary Sewer and Water Easement.doc
the aforementioned and described tract of land, and that he has a good and lawful right to
convey said easement, and that he will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
That said easement shall be discontinued and ordinary use shall revert back to the underlying
owner, in the event that the described property is properly constructed and completed in
accordance with Ada County Highway District Standard Specifications and accepted as a
public street through recordation of a final plat.
1N WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the
day and year first hereinabove written.
Frank S. Varriale, Managing Partner
1111 S. Orchard, Suite 115
Boise, Idaho 83705
ACKNOWLEGMENT:
STATE OF IDAHO )
ss.
County of Ada )
Lf
On this l7 day of _~~__, 20~~ ,before me, the undersigned, a Notary Public
in and for said State, personally appeared Frank S. Varriale, Managing Partner ,known or
identified to me to be the person who executed the within instrument, and acknowledged to
me that he executed the same.
1N WITNESS
and year in this
set my hand and affixed my official seal the day
N ary Public for the State of Idaho
Residing at: tai 5
My Commission Expires: Z~r~~X/
CITY OF MERIDIAN ACCEPTANCE:
20602 Sanitary Sewer and Water Easement.doc
~.~- a ~ ~o
J
Robert D. Corrie, Mayor
Attest By William G. Berg, City Jerk
20602 Sanitary Sewer and Water Easement.doc
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6.~0 ~~ ~ ~ 9 SEAL M
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Date Approved by'~#~9 ~l;~t . ~ P,Z~\~~~`
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STATE OF IDAHO, )
ss.
County of Ada )
On this ~ (~ day of ~~`-'`~`~ , 2003, before me, the
undersigned, a Notary Public in and for said State, personally 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, 1 have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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Y (1~,.-~',~ C~ ~'~
NOTARY PUBLIC FOR IDAHO
RESIDING AT: .~Gf ~%~%~~u' ~~
MY COMMISSION EXPIRES: '`/-28-or
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! \`~ \~ ~ ~ BLOCK 13 I ~~ ~~
I EXHIBIT B
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___~_ N 0'00'00" E 2341.50' _______--_~~
~ REAL POINT Of BEGINNING
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icy I 39 PROPOSED BRIDGETOWER CROSSING w. BEUJ~f~o a+IVE
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L2 S 75'00'00° E 68.00'
L3 S 15'00'00' W 20.00'
L4 N 75'00'00" W 68.00'
L5 N 00'00'00' E 20.00'
L6 S 90'00'00" E 68.00'
L7 S 00'00'00" W 20.00'
L8 N 90'00'00° W 68.00'
L9 S 73'00'00' E 20.00'
L10 S 1T00'00" W 50.00'
L11 N 75'00'00' W 20.00'
L12 N 1T00'00' E 50.00'
L13 S 75'00'00° E 20.00'
L14 S 15'00'00' W 50.00'
L15 N 75'00'00" W 20.00'
L16 N 15'00'00' E 50.00'
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BRIGGS ENGINEERING, INC. WATER AND SEWER EASEMENTS
INEE RINC PROPOSED BRIDGETOWER CROSSING
$ fZ I G G S SUBDIVISION No.3
LOCATED IN A PORTION OF SECTION 35, T.4N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
(208)344-9700
1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
BOISE, IDAHO 83705 KDH 1" = 200' 12/16/02 20602
' ~OF 1~A 4~S
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REVISION
SHEET
20602-WEASE.DWG
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EXHIBIT "A"
DESCRIPTION FOR
WATER AND SEWER EASEMENTS
PROPOSED BRIDGETOWER CROSSING SUBDIVISION N0.3
December 16, 2002
Temporary easements for sanitary sewer and water line construction, operation and
maintenance, located in Section 35, Township 4 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County, Idaho, being more particularly described as follows:
TEMPORARY EASEMENT NO.1 (WATER AND SEWER)
N. COPPERCLOUD WAY
Commencing at the West'/4 Corner Section 35, Township 4 North, Range 1 West, Boise
Meridian; thence N 00°53' 19" E 709.51 feet to a point; thence N 00°00'00" E 2341.50
feet to the REAL POINT OF BEGINNING of this easement description;
Thence N 15°00'00" E 20.00 feet to a Point;
Thence S 75°00'00" E 68.00 feet to a Point;
Thence S 15°00'00" W 20.00 feet to a Point;
Thence N 75°00'00" W 68.00 feet to the REAL POINT OF BEGINNING of this
easement description;
TEMPORARY EASEMENT N0.2 (WATER)
W. MESSINA STREET
Commencing at the West'/a Corner Section 35, Township 4 North, Range 1 West, Boise
Meridian; thence N 00°53' 19" E 309.27 feet to a point; thence N 00°00'00" E 2640.90
feet to the REAL POINT OF BEGINNING of this easement description;
Thence N 00°00'00" E 20.00 feet to a Point;
Thence S 90°00'00" E 68.00 feet to a Point;
Thence S 00°00'00" W 20.00 feet to a Point;
Thence N 75°00'00" W 68.00 feet to the REAL POINT OF BEGINNING of this
easement description;
~~~~
Meridian City Council Meeting
June 10, 2003
Page 2 of 41
Corrie: Motion has been made and seconded to adopt the revised agenda. All those in
favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes of May 13, 2003 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law for Approval: CUP
03-018 Request for a Conditional Use Permit for a bank with
drive-thru in an I-L zone for Washington Trust Bank by Russ
Wolfe -south of East Presidential Drive and east of North Eagle
Road:
C. Findings of Fact and Conclusions of Law for Approval: MI 03-
008 Request for sales office /model home in an R-4 zone for
Inglenook Model Home by Inglenook Development - 2720 South
Locust Grove Road:
D. Findings of Fact and Conclusions of Law for Approval: VAC
03-002 Request to vacate existing easements in Crestwood
Subdivision No. 1 by the plats of Havasu Creek Subdivision No.s
1, 2, and 3 by Farwest, LLC -west of North Locust Grove Road
between West Ustick Road and West McMillan Road:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-
007 Request to construct a temporary private road for the
construction of Phase 2 in C-G, R-40, and C-N zones for Fairview
Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-014 Request for a Conditional Use Permit for a reduction of
approved 192 unit apartment to 96 units and allow 55,000 square
foot office park for Fairview Lakes by Fairview Lakes, LLC - 824
East Fairview Avenue:
G. Findings of Fact and Conclusions of Law for Approval: CUP
03-013 Request for a Conditional Use Permit to modify
operational hours and change building placement from original
approved CUP in a C-N zone for Cherry Crossing by Hawkins
Companies -northwest corner of West Cherry Lane and North
Linder Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
03-016 Request for a Conditional Use Permit for a craft store and
Meridian City Council Meeting
June 10, 2003
Page 3 of 41
coffeehouse in an O-T zone for The Library by Craig Rittenhouse -
141 East Carlton:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-019 Request for a Conditional Use Permit for the demolition of
one of the two existing buildings and replacing with one new
building for the same use -child care in a C-C zone for New
Horizon Child Care by New Horizon Child Care - 1830 North
Meridian Road:
J. Sewer and Water Main Easement for Krispy Kreme
Subdivision:
K. Water Main Easement for Sanitary Services -north of West
Franklin Road and west of North Linder Road:
L. Sewer and Water Main Easement for Sundance Subdivision
No. 2:
M. Sewer and Water Main Easement for Brids~etower Crossins~
Subdivision No. 3:
N. Streetlight Agreement for Sutherland Farms Subdivision No. 1:
O. Streetlight Agreement for Meadow Lake Villas~e (aka
Touchmark Subdivision):
P. Streetlight Agreement for Lochsa Falls Subdivision No. 1:
Q. Streetlight Agreement for Lochsa Falls Subdivision No. 2:
R. Streetlight Agreement for Lochsa Falls Subdivision No. 3:
S. Stellar Technologies, LLC, Agreement - Installation of
anaerobic wastewater treatment apparatus:
Corrie: Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second.
Meridian City Council Meeting
June 10, 2003
Page 4 of 41
Corrie: Motion has been made and seconded to approve the Consent Agenda, any
further discussion? Hearing none, roll call vote.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Adopt the Consent Agenda.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Meridian Police Department:
1. Discussion of Grant Award with Cpt. Bill Musser:
Corrie: Item Number 4 is Department Reports. The first is the Police Department,
Meridian Police Department discussion of grant award. Captain Bill Musser, so Mr.
Musser. Excuse me. Captain Musser.
Musser: Mr. Mayor, Members of the Council, what I have brought to you this evening
and passed out earlier, are copies on a grant award the Police Department has
managed to secure in the sum of 256,500 dollars. This aware is through the Federal
Government and basically administered out to the Idaho State Police on it. What I'd like
to do is just to have the Council and Mayor be able to review this and possibly have it
for consideration next week as to whether or not it's something that the Council would
like to pursue and authorize the Mayor to sign on to continue with. At the backside of
the grant award notice, there is also an abstract which I completed in reference to this
project, it's entitled Project Safe Neighborhood Grant Proposal Abstract. It, basically,
outlines what we are looking to do with this grant, which basically is a two prong
approach for gun violence reduction in terms of firearm safety and awareness and
prevention for teenage suicides involving firearms, as well as victimization interdiction
utilizing Boys and Girl Clubs of Ada County to help prevent juvenile victimization and to
stop any further victimization of the juveniles that have already encountered it.
Basically, the overall concept revolves around having a crime prevention specialist
position, coupled with that of another elementary school resource officer position, and
we are hoping to partner on this fully with the school district, with St. Luke's Hospital
Meridian, with the Boys and Girls Club of Ada County. Then, we are also looking for
assessment evaluation towards the end of this two-year grant program with Boise State
University Criminal Justice Department helping us out with the evaluation on the
program. I guess a couple of other things that I did want to note in reference to the
main grant award sheet signed by the director of law enforcement. It does note that the
dates on this run October 1St -- or, excuse me, October 1, 2003 through September 30,
2006. I did circle that. That should be '05. They made a typographical error and there
are new originals coming over from the director's office with the correct dates on it. It is
only atwo-year grant it is not athree-year one. We do have limited match on this. It