Sanitary Sewer and Water Main Easement with Idaho Urologic Institute for Magic View SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 05/25/05 06:36 AM
RECORDED~nREQUEST OF ll I l ~ ll ~I I' I I'I I II I II I' II II l (I I lI I'll
Meridian City 105Et6~ 1 ~Et
SANTI'ARY SEWER AND WATER MAIN EASEMENT
THIS INDEI~ITURE, made this day o, 20~between^ ~' 00 G 1'~:11tUT"~
the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for 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, TI-IEREFORE, 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 sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A, i3 ~, l~rl n $2
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains 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.
Sanitary Sewer and Water Main Easement
EASMT. S& W
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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.
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.
GRANT
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STATE OF IDAHO) ~, ®® p U B 1.~ ~
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County of Ada ) °°~~ ~~ p ~ ,p~~,~
On this I ~~`day of r ~ L 2005 ,before me, the undersigned, a Notary
Public in and for said State, personally appeared ~'c~se P h, ~rJ v ~1~ Z~S l7i .~ • and
known or identified to me to be the President 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.
NOTARY PUBLIC FOR IDAHO
Residing at: ~. c4 Q.- C6 .. ~...~-~-~.--
Commission Expires: („ r ~ (o - U lp
Sanitary Sewer and Water Main Easement
EASMT. S& W
Page.~,p~
GRANTEE: CITY OF MERIDIAN
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Tammy d rd, Mayor ~, ~ ' ~
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Attest by William G. erg, City Clerk ~ ~R'~
Approved By City Council On: ~~,o~~c-~~
STATE OF IDAHO, )
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County of Ada )
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On this ~0~` .day of I~ Qy , -X963', before me, the undersigned, a Notary Public
in and for said State, personally appear and W>Z.LIAM G. BERG, JR.,
known to me to be the Mayor and City Clbrh; Tes~ec ve y, o t e 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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Y PUBLIC FOR IDAHO
Sanitary Sewer and Water Main Easement EASMT.S&W
Page J n~.1.
Roylance & Associates P.A.
391 W. State Street, Suite E, Eagle, Idaho 83616
March 30, 2005
Project No. 2526
Exhibit "A"
Legal Description
IUI Properties, LLC
Public Water and Sewer Easement
0.29 Acres and 686 Square Feet
Engineers • Surveyors Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
An easement for the purpose of accessing and maintaining water and sewer facilities located in a portion of
Lot 9 of the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at
pages 4445 and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of
Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Commencing at a 5/8 inch steel pin monumenting the Northeast Corner of said Lot 9 on the centerline of
East Magic View Drive, thence North 83°10'27" West a distance of 408.02 feet to a 5/8 inch steel pin
monumenting the Northwest Corner of said Lot 9;
Thence leaving said centerline, South 16°22'21" West a distance of 27.38 feet to a point on the southerly
right-of--way of East Magic View Drive;
Thence following said southerlyright-of--way, South 83°10'27" East a distance of 23.83 feet to the
POINT OF BEGINNING.
Thence following said southerlyright-of--way, South 83°10'27" East a distance of 30.42 feet to a point;
Thence leaving said southerlyright-of-way, South 16°22'21" West a distance of 105.16 feet to a point;
Thence South 73°37'39" East a distance of 9.63 feet to a point;
Thence North 16°22'21" East a distance of 23.16 feet to a point;
Thence South 73°37'39" East a distance of 20.00 feet to a point;
Thence South 16°22'21" West a distance of 52.17 feet to a point;
Thence North 73°37'39" West a distance of 29.63 feet to a point;
Thence South 16°22'21" West a distance of 239.46 feet to a point;
Thence North 73°37'39" West a distance of 30.00 feet to a point;
Thence North 16°22'21" East a distance of 368.59 feet to the POINT OF BEGINNING.
The above-described tract of land contains 0.29 acres, more or less, subject to all existing easements and rights-
of-way (see Exhibit "B1").
TOGETHER WITH:
An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 9 of
the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at pages 4445
and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of
Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
X:\ProjectsUohnson Architects\2526\Admin\L.egals\Water and Sewer Legal.doc
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Page 2 of 2
Apri19, 2001
Commencing at a 5/8 inch steel pin monumenting the Northwest Corner of said Lot 9 on the centerline of
East Magic View Drive, thence South 83°10'27" East a distance of 408.02 feet to a 5/8 inch steel pin
monumenting the Northeast Corner of said Lot 9;
Thence leaving said centerline, South 16°05'58" West a distance of 27.36 feet to a point on the southerly
right-of--way of East Magic View Drive;
Thence following said southerlyright-of--way, North 83°10'27" West a distance of 49.74 feet to the
POINT OF BEGINNING.
Thence leaving said southerlyright-of--way South 16°22'21" West a distance of 35.97 feet to a point;
Thence North 73°37'39" West a distance of 20.00 feet to a point;
Thence North 16°22'21" East a distance of 32.61 feet to a point on the southerly right-of--way of
East Magic View Drive;
Thence following said southerly right-of-way South 83°10'27" East a distance of 20.28 feet to the
POINT OF BEGINNING.
The above-described tract of land contains 686 square feet, more or less, subject to all existing easements and
rights-of--way (see Exhibit "B2").
Prepared By: ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
208-939-2824
208-939-2855 (FAX)
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POINT OF BEGINNING POINT OF
-' ~_ _ . • .. , , , . E: MAGIC VIEW COMMENCEMENT
- x'10'27 WASIS OF 9EARIN ~RjVE
JL2 L3 408.02' ~~~''•.
/ N83'10'27 W ~ '
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/ ~ / CENTERLINE 408.16' ~ ' '
/ ~ L7 OF ROAD 27' R-O-W
/ L6 ! 20'
h
L5 ~ LOT 9
/ / L9 AMENDED /
/ 30' MAGIC VIEW /
SUBDIVISION
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/ ~~ ~ ~ ~ /
/ i/ ~3 /
N ~~
/~ ~ ~
/ / / y /
/ C~ 40 0 80 /
/ 0 /
SCALE IN FEET
Legend
~ FOUND 5/8" STEEL PIN
® CALC'D POINT
- - --- PROPERTY LINE
- CENTER LINE OF ROAD
' RIGHT-OF-WAY LINE
- - PROPOSED
EASEMENT LINE
LINE TA BLE
LINE LENGTH BEARING
L1 27.38 S16'22'21 "W
L2 23.83 S83'10'27"E
L3 30.42 S83'10'27"E
L4 105.16 S16'22'21 "W
L5 9.63 S73'37'39"E
L6 23.16 N16'22'21"E
L7 20.00 S73'37'39"E
L8 52.17 S16'22'21 "W
L9 29.63 N73'37'39"W
L10 30.00 N73'37'39"W
ROYLANCE AND ASSOCIATES PA
EXHIBIT "B~" Engineers Surveyors Landplanners
PUBLIC WATER AND SEWER EASEMENT 391 W State Street Suite E Eagle Idaho 83616 ~~~
Phone (208) 939-2824 Fax (208) 939-2855 a.e
X:\Projects\Jahnson Architects\2526\Orowings\Exhibits\SS&Water Esmt.dwg 3/31/2005 11:05:32 AM MST
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POINT OF COMMENCEMENT
••••• B. MAGIC
• VIEW D CENTERLINE
• • • BASIS OF' BEARING ~VE OF ROAD
S83'10'27"E
/ 27' R-0-W ~ .408.0=_' ' ' ' • .
~ ~ ' ~ POINT OF BEGINNING • . •
N ~ 0'27 ~ 408.1
.. L6 =2 %/
/ ~~
/ ~ ~
/ 20' WIDE ~4
WATER EASEMENT /
LOT 9
AMENDED
MAGIC VIEW
SUBDIVISION
LINE TABLE
LINE LENGTH BEARING
L1 27.36 "
L2 49.74 "
L3 35.97 "
L4 20.00 "
L5 32.61 "
L6 20.28 "
Legend
~ FOUND 5/8" STEEL PIN
~ CALC'D POINT
-- - - --- PROPERTY LINE
- CENTER LINE OF ROAD
" ' ' ' ' ' RIGHT-OF-WAY LINE
- PROPOSED
EASEMENT LINE
~~
~~
25 0 50
SCALE IN FEET
ROYLANCE AND ASSOCIATES PA
EXHIBIT "62" Engineers Surveyors Landplanners
20' WATER EASEMENT 391 W State Street Suite E Eagle Idaho 83616 o3-~zo
Phone (208) 939-2824 Fax (208) 939-2855 cxtw
X:\Projects\Johnson Architects\2526\Drawings\Exhibits\Woter Stub Esmt.dwg 3/31/2005 11:06:14 AM MST ~~ ~~
Meridian City Council
May 10, 2005
Page 2 of 37
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: We do have a couple. Under Department Reports, President's Office, we need to
add an Item No. 2, a proclamation for Water Awareness Week and also at the end, Item
No. 16, with your permission, Mr. President, I'd like to add the EMS decision discussion
by Mayor and Council, if the Mayor is back. If not, the Council. We need to make a
decision on that.
Wardle: Okay.
Bird: With that I would move that we approve the agenda.
Rountree: Second.
Wardle: It's been moved and seconded to approve the agenda. All in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of April 12, 2005 City Council Regular Meeting:
B. Approve Minutes of April 19, 2005 City Council Regular Meeting:
C. Sanitary Sewer and Water Main Easement for Idaho Urologic
Institute:
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners -
985 East Freeway Drive:
E. Sewer Master Plan Update and Expansion Agreement - JUB
Engineers:
F. Award of Bid for Well 20B Pump House Expansion to Guho
Corporation:
G. Contract with Custom Electric for Telemetry Installation at Size
Lift Stations:
H. Well 26 Production
Meridian City Council
May 10, 2005
Page 3 of 37
Wardle: Item No. 5 is the Consent Agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the President to
sign and the Clerk to attest on all proper papers.
Rountree: Second.
Wardle: It's been moved and seconded to approve the Consent Agenda and I will call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
Wardle: Consent Agenda is approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's Office
1. Proclamation: Letter Carriers Food Drive Day -
Saturday, May 14, 2005
Wardle: Item No. 6 is Department Reports. I have two proclamations that I will be
reading here. The first is a proclamation, Item No. 1, Letter Carriers Food Day Drive.
Proclamation. Whereas the National Association of Letter Carriers, NALC, and the U.S.
Postal Service in the City of Meridian and Ada County, have organized a food drive and
whereas the Postmaster General has recognized this effective and unique door to door
food drive and designated this event as a national community service project of both the
NALC and the U.S. Postal Service in Meridian in more than 10,000 other locations
around the country and whereas in Girl Scouting girls grow strong, gain self confidence,
and leadership, whereas an estimated 30 million people go hungry every day in
America, including more than 12 million children, in Idaho approximately 66,300 Idaho
families worried that they could not afford to buy food and 20,812 families had members
who went actually hungry and whereas there are about 68,400 working poor in Idaho
and the working poor continues to be a growing segment of the population in Meridian
and Idaho as Idaho continues to lose manufacturing jobs, which are replaced by lower
paying service jobs and whereas the Idaho Food Bank distributed 5.45 million pounds of
food to more than 200 partner agencies in 2005 and because it depends on its friends
of the U.S. Postal Service and postal patrons for this support, therefore, I, Shaun
Wardle, City Council President of the City of Meridian, do hereby proclaim Saturday,
May 14th, 2005, as Letter Carriers Food Drive Day, urging all members of the Meridian