Water Main Easement with Joint School District No. 2 for New Academy High School 6065
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO Oy11I04 12;17 PM
DEPUTY Joanne Hooper III IIIIIIIIilllllllllllllllllll I II III
RECORDED-REQUEST OF
MERIDIAN CITY 1 ~4~ 1 ~~~~
AMOUNT .00
WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of~~" , 20C~between Joint School District #2, 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 water main right-of--way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 construction, operation, maintenance, repair, replacement of a water
main 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 water line and their
allied facilities, together with their maintenance, additional connection thereto, 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
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, 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 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.
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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:
'stine Donnell, Superintende
Joint School District No.2
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Secretary
STATE OF IDAHO )
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County of Ada )
On this 3(~'N^ day of ~~' ~ be r , 2003, before me, the undersigned, a Notary Public in
and for said State, personally appeared Christine Donnell and T~~ s h Liu n Ca n ,
known or identified to me to be the Superintendent and Secretary, respectively, of the corporation that
executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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GRANTEE: CITY OF MERIDIAN ~~~•~` y OF ~~ r~Qy~'''•,
Approved By City Council On:
STATE OF IDAHO,
County of Ada
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On this day of /~aV ~iyv~kie~~ , 2003, before me, the undersigned, a
Notary Public in and for said State, personally appeared and WILLIAM G. BERG,
JR., known to me to be t~~ ~ gnd~Cl}tyyClerk, respec ive y, f e rty o Meridian, Idaho, and who
executed the within instru~en , an ac ow edged 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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Attest by William G. Berg, City Clerk
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EXHIBIT A
PARCEL DESCRIPTION
Project:
Project No.:
WATER MAIN EASEMENT
WESTBOROUGH SUBDIVISION
30363
August 26, 2003
A parcel of land located in the northeast'/a of the northeast'/o of Section 30, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows:
Commencing at the northeast corner of said Section 30, marked by a 3.5" brass cap;
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Thence North 89°51'35" West coincident with the north line of said northeast'/< of the northeast'/< a distance
of 1317.00 feet to a 5/8" rebar marking the northwest corner of said northeast'/< of the northeast'/,;
Thence South 00°29'56" West coincident with the west line of said northeast'/4 of the northeast'/< a distance
of 1287.39 feet to the POINT OF BEGINNING;
Thence South 89°56'03" East, 491.23 feet;
Thence North 45°00' 10" East, 458.79 feet;
Thence South 89°53'57" East, 269.41 feet;
Thence North 30°06'03" East, 119.66 feet;
Thence South 89°53'57" East, 173.72 feet to the east line of said northeast'/4 of the northeast'/e;
Thence South 00°37'40" West coincident with said east line of the northeast'`/a of the northeast'/< a distance
of 20.00 feet;
Thence North 89°53'57" West, 162.17 feet;
Thence South 30°06'03" West, 119.66 feet;
Thence North 89°53'57" West, 272.65 feet;
Thence South 45°00' 10" West, 458.78 feet;
Thence North 89°56'03" West, 499.52 feet to the west line of said northeast'/< of the northeast'/<,
Thence North 00°29'56" East coincident with said west line of the northeast'/< of the northeast'/< a distance
of 20.00 feet to the POINT OF BEGINNING;
The parcel above described contains 0.69 acres more or less.
The basis of bearings for the above description is North 89°51'35" West between the 3.5" brass cap marking the
northeast corner and the 3.5" brass cap marking the north '/< corner of Section 30, Township 4 North, Range 1 East,
Boise Meridian.
Together with and subject to covenants, easements, and restrictions of record.
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EXHIBIT B
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Meridian Ci Council Meetin November 12 2003
The regular meeting of the Meridian City Council was called to order at 7:10 P.M.,
Tuesday, November 12, 2003, by Council President Tammy de Weerd.
Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless.
Members Absent: Mayor Robert Corrie.
Others Present: Jill Holinka, Will Berg, Anna Powell, Brad Watson, Gary Smith, Kenny
Bowers, Biil Musser, Doug Strong, Brad Hawkins-Clark, and Dean Willis.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
O Robert Come
De Weerd: I'd like to call this meeting to order and welcome you all here to the City
Council Meeting. it's our Regular Agenda November 12~'. it is 7:10 and we will start
with roll salt.
Item 2. Adoption of the Agenda:
De Weerd: Thank you. I would like to welcome Troops 149 and 306 and soon to be a
new number, but welcome you boys here today and hope you eam your citizenship
badge and took forward to having you join us here at the meeting. Okay. We will move
to Item 2, adoption of the agenda. Are there any changes?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Our Planning and Zoning Director has asked if we would move Item 10, I believe,
up to - in front of seven. Is that right, Anna? If that's agreeable with the other three
Council people -- okay. Other than that, I would move that we adopt the agenda as
noted.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as presented,
with the exception of moving 10 before seven. Ali those in favor say aye. Okay. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
Meridian City Council Meeting
November 12, 2003
Page 2 of 63
A. Findings of Fact and Conclusions of Law for Approval: AZ 03-
015 Request for annexation and zoning of 9.8 acres from RUT to R-
8 zones for proposed Sa4eland Planned Development by Quasar
Development, LLC -northeast corner of South Locust Grove Road
and East Victory Road:
B. Findings of Fact and Conclusions of Law for Approval: PP 03-
020 Request for revised Preliminary Plat approval of 41 building lots
and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed
Sageland Planned Development by Quasar Development, LLC -
northeast corner of South Locust Grove Road and East Victory Road:
C. Findings of Fact and Conclusions of Law for Approval: CUP 03-
036 Request for Conditional Use Permit for a Planned Development
with a private neighborhood park in an R-8 zone for proposed
Sageland Planned Development by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road:
D. Approve Liquor License Application for Corona Village - 21 East
Fairview Avenue:
E. Water Main Easement for New Academy High School -Joint
School District No. 2:
F. Approve Agreement for Hookup to City Sewer System Outside
City Limits by Marvin Everett:
G. Water Line Crossing Agreement with Bureau of Reclamation
and Tuscany Development for Messina Village Subdivision:
De Weerd: Item Number 3. Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Powell: Madam President?
Bird: Yes.
Powell: Before Mr. Bird wants to make a motion, the findings for Sageland, when you
approved it, -- they are not ready. I'm sorry that I didn't get that to you before. Those
are not ready.
Bird: Item C?
Powell: Items A, B and C are not ready. They were supposed to get a revised site plan
that I approved and they have not done that yet.
Meridian City Council Meeting
November 12, 2003
Page 3 of 63
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, I move that we pass the Consent Agenda, with the
exceptions of items A, B, and C, which is Sageland Planned Development. AZ 03-015,
PP 03-020, and CUP 03-036, and approve the rest of the Consent Agenda and for the
President of the Council to sign and the Clerk to the attest on all proper papers.
Nary: Second.
De Weerd: Okay. Would you move those until November 18th? Is that sufficient?
Nary: We can do that after.
Bird: We can do that afterwards, can't we?
Powell: Madam President, I'm not clear what happens when it comes off the Consent
Agenda. Does it just get put on later or do you need to table it to a date certain?
Because I don't how close, we are to having an approved plan.
De Weerd: Mr. Berg?
Berg: Madam President, Members of the Council, we have always been instructed if
you take something off the agenda, to put it to a date certain, so that it doesn't fall away.
This has been on the agenda and acknowledged on the agenda, so people that might
be in the audience or out in the public that would want to know when the next time is
going to be discussed, it would be good to have it for a date.
De Weerd: Thank you.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: So, can we -- can't we pass the -- what we have already got the motion for and,
then, we can come back and continue these to a date certain? I agree. I think Bill has
always had us go to a date certain. Anna needs to give us a date certain when it --
what's the hold up on it?
De Weerd: The plat.
Powell: There were changes that they were supposed to make to accommodate
landscape islands on the street.
Bird: That hasn't been done yet?
Meridian City Council Meeting
November 12, 2003
Page 4 of 63
Powell: No, it has not.
De Weerd: Well, generally, it's all been done in the same that motion. We can make
two separate motions, if you don't want to include the date.
Bird: Let's go ahead and pass on the -- with the exception of those three and, then, we
will come back, because we are going to have to figure out a --
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with
the exception of removing A, B, and C on AZ 03-015, PP 03-020, and CUP 03-036.
Have the City Council President sign and the Clerk attest. Mr. Clerk, will you call roll.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 5. (Items Moved from Consent Agenda)
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we take Items A, B, and C and continue them to the Consent
Agenda of November 25, 2003.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to continue Items A, B, and C to
November 25th. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Planning and Zoning Department -Anna Powell:
1. Update on Comprehensive Plan Adoption by Ada
County:
De Weerd: Okay. Department Reports. Item A. Planning and Zoning. Anna.
Powell: Madam President, Members of the Council, last week in my department report I
talked about some of the questions that Ada County had raised in regard to them
adopting our Comp Plan as being applicable in their area of city impact. One of those
questions was what does, quote, unquote, rural area development entail -- or rural area
residential development. Excuse me. As I went through the Comp Plan and compared
it to what is allowed in the county, there was a question as to what to do with RUT
cluster subdivisions. I'm going to give you a little background on what the RUT cluster