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Sanitary Sewer Easement with Tuscany Development Inc. for Messina Village No. 1 June 24, 2003 616ADA COUNTY RECORDER J, DAVID NAVARRO f BOISE IDAHO 41116103 11:09 AM DEPUTY Michelle Turner RECORDED-REQUEST OP III I'IIIIIIIIIIIIIIIIIIIIIIIII' III III Meridian Clay 193117616 AMOUNT .00 SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day ofS~,~., 20~between Tuscany Development, Inc., 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 sewer right-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 any permanent structures, trees, brush, or perennial shrubs or flowers within the area 21108 ss-off. doc ~~, ~~ 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. STATE OF IDAHO ) ss County of Ada ) On this ~ ~ -~ day of J ,~ n e _, 20 03, before me, the undersigned, a Notary Public in and for said State, personally appeared Gregory Johnson , known or identified to me to be the president of Tuscany Development, Inc. that executed the within instrument, and acknowledged to me that such corporation executed the same. ~®~®3ay®naooesa 0~3gi L. t~ poi e,,~~.ti?;.....,~~~ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day a Q. ~ ~~~ year fist above written. • ~pTARy .~ .*= ~•~ e~ S G 'm ~ ~. puBti1 .•'o ;° NOTARY PUBLIC FOR IDAHO '~~ • ~ J'T~ •••...•• 1~4• , TE of ~~'~ Residing ~~~'~ c~c.~.,7 at Commission Expires: ~~3o f 06' GRANTEE: CITY OF MERIDIAN 21108 ss-off. doc a~~ o.-~ \`\\\\~ ~pF ~ I ~ERp~~ ~~~''. ,~ ~~ v~~~o~PO~r .y '' -. ~ = F o R ert D. Corrie, Mayor __ ,S~~L - ~` Attest by William G. Berg, C ty erk ''''%,,~ C'OC1N-q~Y . ~O,\`~~ Approved By City Council On: U- ~C~T~" ~~ 21108 ss-off. doc n / ~\~ ~ ~ 1 STATE OF IDAHO, ) ss. County of Ada ) On this 15~` day of ~i~r.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 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. ,,..... °~~ON `S',~j'~~ (SEAL) ~ ~ ~ ~,OT~,~.r'?',~; . ~ O ~ ~ ~ ^ ~ ~ ~ ~ { J ^ J ~ ~ ~, j • `. ~,ZC ~O i ~..^.• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~oLc~ ~~L"~. ,1~~c~ ~,.~~ MY COMMISSION EXPIRES: ~(-Z$-OS '~c,.s~ ,,} ~ '1 EXHIBIT "A" DESCRIPTION FOR OFFSITE SANITARY SEWER EASEMENT MESSINA VILLAGE SUBDIVISION N0.1 February 13, 2003 An easement for sanitary sewer line construction, operation and maintenance, located in the S'/2 of the NW'/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of the NW '/4 (W '/4 corner) of Section 29, T3N., R1 E., B.M., thence N 0°14'24" E 694.15 feet along the west line of said Section 29 to the BEGINNING POINT of this easement centerline description; Said easement being 30 feet in width, .centered on the following described line: Thence S 89°45'36" E 633.09 feet to a poiht; Thence N 81°46'39" E 295.21 feet to a point; Thence N 83°23'45" E 158.20 feet to a point; Thence S 89°42'49" E 158.08 feet to a point; Thence S 80°01'02" E 217.30 feet to a point; Thence N 81°27'53" E 69.04 feet to a point on the westerly right-of-way of the Eight Mile Lateral; Said easement leaving grantors property and crossing lands owned by the Nampa Meridian Irrigation District: Thence continuing N 81°27'53" E 60.14 feet to a point on the easterly right-of-way of the Eight Mile Lateral; Said easement re-entering grantors property: Thence continuing N 81°27'53" E 140.64 feet to a point; Thence S 08°32'07" E 121.76 feet to a point; Thence S 26°41'29" E 200.43 feet to a point; Thence S 45°16'13" E 220.15 feet to a point; 21108off-ssease.des.doc ~~ ~ ~ ~ Thence S 75°20'11" E 67.25 feet to a point; Thence S 89°45'36" E 222.35 feet to a point Thence N 69°47'39" E 94.32 feet to a point; Thence N 49°20'55" E 90.06 feet to a point; Said easement being 60 feet in width, centered on the following described line: Thence continuing N 49°20'55" E 30.00 feet to a point; Thence S 40°39'05" E 30.00 feet to a point; Said easement being 30 feet in width, centered on the following described line: Thence continuing S 40°39'05" E 296.25 feet to a point; Said easement being 60 feet in width, being 31.75 feet left and 29.25 feet right and adjacent to the following described line: Thence S 81°40'07" E 64.55 feet to a point Said easement being 30 feet in width, centered on the following described line: Thence continuing S 81°40'07" E 53.50 feet to a point; Thence S 89°37'43" E 1067.24 feet to a point; Thence N 00°21'39" E 160.60 feet to a point; Thence S 89°38'21" E 295.00 feet to a point; Thence S 00°21'39" W 61.34 feet to a point; Thence S 44°38'02" E 69.74 feet to a point; Thence S 89°37'43" E 442.68 feet to a point on the west line of proposed Messina Village No.1, the ENDING POINT of this easement centerline description. 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I ~ coo _.~'~ ~`Di 1 W "' M~ ~8 N,/ FI III II II III S ~O~ddb~ ~ ~~~~ ~~~ ~~ H Z W W W rc ~_ Z Q/~ YI ~ ~ .--1 m O O Z Z W 3 N W ~ O ~ O ~0 0 Of M N z o0 o N F ~ UU ~ W Q oa O NZ E-1 ~ o a ~ a~W ~z ~~ N Z 0 ~ W W ,~,^ ~ V Q ~ V1 ? 0 O 0 ~ J ~ W O a° o~ ~o 'w M O Z ~ /w ~ O V/ ~ d Sa O ~ M ~ N 3 N O ~ ~ m ~ III ~~;~ ~~~ 1 ~~ II w III NII III .II WII I II i III I nII ~ ~' I 1 ~~~ 1 ~ I '~ W I 1 W II I 11 o g I I N 3 III I ~ 11 \ °O in,\ I I I F W~`~ `~ ~ Ij C~ /i ~ o-~ N IT ~ / Q~ ~%' I , ~ FW L~~,, I ~ 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-0 zones for Christ Lutheran Church by Ghrist 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 r 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. ttem 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: 7. 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?