Sanitary Sewer and Water Main Easement with Osborne Enterprises for Franklin StorageADA COUNTY RECORDER J. DAVID NAVARRO 7
BOISE IDAHO 07!16!03 11:09 AM
DEPUTY Michelle Turner
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIilllllllllll III
Meridian Clty 103117611
AMOUNT .00
SANITARY SEWER AND WATER LINES EASEMENTS
THIS INDENTURE, made this ,~ day of , 20~~, between Osborne
Enterprises, the party of the first part, and hereina r 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 sanitary sewer and water lines across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water lines 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 Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee
the rights-of--way for an easement for the operation and maintenance of sanitary sewer and
water lines over and across the following described property:
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water lines 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 AND B.
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 GRANTORS hereby covenants and agree that they 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 GRANTORS do hereby covenant with the Grantee that he is lawfully seized and possessed of
1006 San Sewer-Wet Easement.doc
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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 party of the first part has hereunto subscribed their signature the
day and year first herein above written.
I~
ACKNOWLEGMENT:
STATE OF IDAHO )
ss.
County of Ada )
6 `~-4j
On this ~ day of , 20 ~.3 before me, the undersigned, a Notary Public
in and for sald State, rsonally appeared /SY~, ~ Q ,known
or identified to me to be the person who executed the within instrument, and acknowledged
to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
of Idaho
may/o,~
CITY OF MERIDIAN ACCEPTANCE:
Robert D. Corrie, Mayor ~~~~~~~~~~
Attest By William G.
1006 San Sewer-Wat Easement.doc
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~-~- SEAL Q
ty C ~ ~ to Approved by City Council
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STATE OF IDAHO, )
ss.
County of Ada )
On this 15~`°' day of <l u.l,+..~ , 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 instnament, 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) ;• ; "OT~,~,j;~,r~~ NOTARY PUBLIC FOR IDAHO
:y% ~ ~ RESIDING AT: r~c(a Cc~~' ~c(~Lv
MY COMMISSION EXPIRES: ~{ -Z R -os
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EXHIBIT "A"
FRANKLIN STORAGE
MERIDIAN SANITARY SEWER AND WATER LINE EASEMENTS
June 6, 2003
Two easements located in the NW '/4 of the NW '/, Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
COMBINED SANITARY SEWER AND WATER LINE EASEMENT
Commencing at the Northwest corner Section 17, T. 3 N., R 1 E., B.M., Idaho, thence N
89°32'15" E 1154.54 feet along the north line of the NW'/4 of Section 17 to a point;
Thence S 00°02'52 " E 48.00 feet to a point on the proposed south right of way of
Franklin Road, the Real Point of Beginning of this description;
Thence S 00°02'52" E 18.15 feet to a point;
Thence S 89°57'08" W 16.00 feet to a point;
Thence S 00°02'52" E 20.00 feet to a point;
Thence N 89°57'08" E 16.00 feet to a point;
Thence S 00°02'52" E 202.03 feet to a point;
Thence N 89°57'08" E 32.00 feet to a point;
Thence N 00°02'52" W 44.26 feet to a point;
Thence N 89°57'08" E 10.00 feet to a point;
Thence N 00°02'52" W 10.00 feet to a point;
Thence S 89°57'08" W 10.00 feet to a point;
Thence N 00°02'52" W 89.34 feet to a point;
Thence N 89°57'08" E 22.00 feet to a point;
Thence N 00°02'52" W 20.00 feet to a point;
Thence S 89°57'08" W 22.00 feet to a point;
1006-ss-w
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Thence N 00°02'52" W 76.80 feet to a point on said south right of way;
Thence S 89°32'15" W 32.00 feet along said south right of way to the Real Point of
Beginning of this description.
WATER LINE ONLY EASEMENT
Commencing at the Northwest corner Section 17, T. 3 N., R 1 E., B.M., Idaho, thence N
89°32'15" E 1154.54 feet along the north line of the NW'/ of Section 17 to a point;
Thence S 00°02'52" E 288.18 feet to the Real Point of Beginning of this description;
Thence S 89°57'08" W 128.91 feet to a point;
Thence S 00°02'52" E 519.63 feet to a point;
Thence N 89°57'08" E 20.00 feet to a point;
Thence N 00°02'52" W 77.02 feet to a point;
Thence N 89°57'08" E 6.00 feet to a point;
Thence N 00°02'52" W 20.00 feet to a point;
Thence S 89°57'08" W 6.00 feet to a point;
Thence N 00°02'52" W 380.23 feet to a point;
Thence N 89°57'08" E 6.00 feet to a point;
Thence N 00°02'52" W 20.00 feet to a point;
Thence S 89°57'08" W 6.00 feet to a point;
Thence N 00°02'52" W 2.39 feet to a point;
Thence N 89°57'08" E 187.00 feet to a point;
Thence S 00°02'52" E 198.01 feet to a point;
Thence S 89°57'08" W 11.00 feet to a point;
Thence S 00°02'52" E 20.00 feet to a point;
Thence N 89°57'08" E 11.00 feet to a point;
Thence S 00°02'52" E 280.99 feet to a point;
1006-ss-w
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Thence N 89°57'08" E 20.00 feet to a point;
Thence N 00°02'52" W 519.00 feet to a point;
Thence S 89°57'08" W 98.09 feet to the Real Point of Beginning of this description.
See Record of Survey No. 5573 for additional data of record.
Michael E. Marks, P.L.S. No.4998
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EXHIBIT "B"
FR~WKUN ROAD
8 N 873715' E 132101
18 1~ . "5's` ~ .
S 078Q'S2' E
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LINE TABLE
L1 N 89'57'08• E 8.00'
L2 N aroz'S2• w 20.00'
L3 s 89'57'06• w 8.00'
L4 N 8757'08• E 6.00'
LS N ar02'52• W 20.00'
L6 S 8757'06• w 6.00'
L7 N 0002'52• W 2.39'
l8 S 69'57'06• W 11.00'
L9 S ar02'S2• E 20.00'
L10 N 875708• E 11.00'
L11 5 89'5708' W IBAO'
L12 N 875708• E 16.00'
L13 N 89'5708• E 10.00'
L14 5 89'5708' W 10A0'
L15 N 875708' E 2200'
l16 5 875708' W 2200'
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~Q(w`$ ~~ ~. CITY OF MERIDIAN REVISION
SANITARY SEWER AND WATERLINE EASEMENTS
~ ft 16 6 S FRANKLIN STORAGE SITE SHEET
LOCATED IN THE NW 1 /4 OF THE NW 1 /4 OF SECTION 17,
T.3N., R.1 E., B.M., ADA COUNTY, IDAHO
(208)344-9700 1 OF 1
1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
801SE, IDAHO 83705 MEM NTS 6/06/03 1006
FXHIRIT
Meridian City Council Meeting
June 24, 2003
Page 2 of 52
Nary: With that I would second.
Corrie: Okay. The motion is to adopt the agenda as stated, any other discussion? All
those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of April 29, 2003 City Council and Planning and
Zoning Commission Joint Workshop:
B. Approve minutes of May 13, 2003 Special Joint Meeting with Ada
County Commissioners:
C. Approve minutes of May 27, 2003 Pre-Council Meeting:
D. Approve minutes of May 27, 2003 City Council Regular Meeting:
E. Approve minutes of June 3, 2003 City Council Regular Meeting:
F. Approve minutes of June 3, 2003 Pre-Council Meeting:
G. Approve minutes of June 10, 2003 City Council Regular Meeting:
H. Findings of Fact and Conclusions of Law for Approval: 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:
I. Findings of Fact and Conclusions of Law for Approval: PP 03-
004 Request for Preliminary Plat approval of 764 building lots and
37 other lots on 392.17 acres in proposed 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:
J. Findings of Fact and Conclusions of Law for Approval: CUP
03-008 Request for a Conditional Use Permit for a Planned
Development for 764 single-family residences, 73 townhomes, 270
apartments, community center, schools and churches in proposed
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:
Meridian City Council Meeting
June 24, 2003
Page 3 of 52
K. Findings of Fact and Conclusions of Law for Approval: PFP
03-001 Request for Preliminary /Final Plat approval of 2 building
lots on 2.46 acres in an L-O zone for Gala Park Subdivision by
Paul Aigner - 1620 Celebration Avenue:
L. Findings of Fact and Conclusions of Law for Approval: RZ 03-
005 Request for a Rezone of 4.738 acres from R-4 to L-O zones
for Christ Lutheran Church by Christ Lutheran Church - 1406
West Cherry Lane:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-012 Request for a Conditional Use Permit for achurch /
preschool in a proposed L-O zone for Christ Lutheran Church by
Christ Lutheran Church - 1406 West Cherry Lane:
N. Findings of Fact and Conclusions of Law for Denial: CUP 03-
017 Request for a Conditional Use Permit for a new Carl's Jr.
restaurant with drive-thru service by Clayton Jones -north of
Intersection of South Meridian Road, East Central Drive and South
Main Street:
O. Waterline Easement for Idaho Central Credit Union:
P. Sewer and Waterline Easement for Franklin Storage:
Q. Sewer and Water Main Easement for Tuscany Development -
Messina Village Subdivision No. 1:
R. Sewer Main Easement for Tuscany Development -Messina
Hills Subdivision No. 1:
S. Sewer and Water Main Easement for Sutherland Farms
Subdivision No. 1:
T. Lift Station Maintenance Agreement with Havasu Creek, LLC,
for Cobre Basin Subdivision No. 1:
U. License Agreement with Nampa & Meridian Irrigation District
for Sewer Crossing of Finch Lateral:
V. Change Order No. 1 for South Slough Trunk Sewer Project -
Brown Construction:
Meridian City Council Meeting
June 24, 2003
Page 4 of 52
Corrie: Okay. Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Mr. Nichols, and Mr. Smith from Public Works have
asked to move Item Number W down to 5-W. Take it off the Consent Agenda and move
it down to the Regular Agenda as 5-W. With that I would move -- with that change,
move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to
attest on all proper papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, Mr. Clerk, roll call, please.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports:
A. Finance Department:
1. Finance Report:
Corrie: Item Number 4 is the Department Reports, Finance Department. Mrs.
Kilchenmann.
Kilchenmann: Mayor, Members of the Council, there is just a couple items I want to call
to your attention tonight. The first under investments and interest income that -- if Bruce
and -- our investment advisor and I have decided at this point we can only used the
Idaho pool for investment, because there is just -- interest rates are so low that it's not
possible to go out on the bond market or find certificates of deposit that are any --
anymore than like one and one and a half percent. I will check this again, the interest
rate forecast I made to the end of the year tomorrow when I find out if the feds actually
do lower interest rates again, because we might have to revise our revenue forecast
downward and take some action on that, depending on what happens with that.
De Weerd: Mr. Mayor?