Water Main Easement with Dean, David J. and Luane I. for Three Corners SubdivisionADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~
BOISE IDAHO 08/28/08 10:56 AM
DEPUTY Lisa Irby III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII
RECORDED-REQUEST OF 10~0~765~
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day o , 2(l~between David J. Dean and Luane I. Dean
Husband and Wife, and Foundations Academ 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 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 ofthe 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 adjacent 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
Water Main Easement Meridian Water
Easement.doc
pages. ~.....lof.
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.
Luane 1. llean
Foundati ns Academy, Inc. David Goodwin, President
Water Main Easement Meridian Water
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2-
STATE OF IDAHO
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County of Ada )
On this ~ day of ~ ~ , 20Q~ before me, the undersigned, a Notary
Public in and for said State, person ly appeared David J. Dean and Luane I. Dean, Husband
and Wife, known or identified to me to be the persons whose names are subscribed to 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 fist above written.
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STATE OF IDAHO
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County of Ada )
NOTA Y PUBLIC FOR IDAHO
Residing at: /~cJst- Co~.~
Commission Expires:
On this p~ '~ day of , 20~, before me, the undersigned, a Notary
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written. ~---~ r-~ r1 ~---~
Public in and for said Sta er ly appeared David Goodwin, who being known or
identified to me to be the President of said corporation that executed the within instrument or
the person who executed the instrument on behalf of said corporation and acknowledged to
me that such corporation executed the same.
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Water Main Easement Meridian Water
Easement.doc P~ 2 ,
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, M~or
Attest by Jay Holman, City Clerk";
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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On this ~ o~ day of ,~ l~ ll S~ 20~~before me, the undersigned, a
Notary Public in and for said State, personally ap ared TAMMY DE WEERD and JAYCEE HOLMAN,
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.
SEAL ~ ~ ~ TA ,C~:
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Water Main Easement
ARY PUBLIC FOR IDAHO
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Commission Expires: l~,-l ~ I
Easement.doc
Meridian Water
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
boise@toengrco.com
Project No: 07121
Date: June 5, 2008
Page: 1 of 1
EXHIBIT "A"
City of Meridian Water Easement -Description
A 10-foot wide strip of land being a portion of the Northwest Quarter of the Northwest
Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County Idaho, described as follows:
COMMENCING at a found 5/8" iron pin, marking the Southwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the
Section corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise
Meridian, bears N.00°37'24"E., 1328.30 feet; thence, along the South line of the Northwest
Quarter of the Northwest Quarter of said Section 29,
A) 5.89°36' 15"E., 35.00 feet; thence,
B) N.00°37'24"E., 47.45 feet to the POINT OF BEGINNING; thence, continuing,
1) N.00°37'24"E., 10.00 feet; thence,
2) 5.89°36'20"E., 183.25 feet; thence,
3) S.49°47'34"E., 19.54 feet; thence,
4) 5.89°22'40"E., 276.63 feet; thence,
5) 5.00°37'24"W., 10.00 feet; thence,
6) N.89°22'40"W., 280.23 feet; thence,
7) N.49°47'34"W., 19.52 feet; thence,
8) N.89°36'20"W., 179.67 feet to the POINT OF BEGINNING.
CONTAINING: 4,794 square feet, more or less.
SUBJECT TO: All Rights, Rights-of--Way and Easements of Record.
Exhibit "B", attached and by this reference, made a part hereof.
H:\07121\WPfiles\Survey\ExhA-Meridian Water Esmt(2).doc
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19 20 EXHIBIT "B" -WATERLINE EASEMENT MAP
LOCATED IN THE NW 1 /4 OF THE NW 1 /4 OF SECTION 29,
30 29 TOWNSHIP 4 NORTH, RANGE 1 FAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
35'
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N89'S9'56"E 509.97'
474.97'
LEGEND
I - - BOUNDARY LINE
I I - - - - - - SECTIONAL LINES I
I - - - - - - - - - - -ADJOINING PARCEL OR LOT LINE
I I ~ FOUND BRASS CAP
~ o ANGLE POINT (NOTHING FOUND OR SET)
~ O FOUND 5/8" IRON PIN W/PLASTIC CAP
o i ®MERIDIAN WATERLINE EASEMENT I
I
N rx _ I I Z PROPOSED LOT 1. BLOCK 1 I
I o ~ ~ THREE CORNERS SUBDMSION N0. 1
p 13 DEED INSTRUMENT N0. 108047818
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~ ~ to ~
N ~
w I = LINE TABLE
~ N I I ~ LINE BEARING LENGTH I
cv ~ ^ I I o L1 N00'37 24"E 47.45 ~
U ~'`~ I o L2 N00'37'24"E 10.00 -
N
°o ~~.7 O I ~ L3 S49'47'34"E 19.54 ~
z Z I a L5 S00'37'24"W 10.00 i~
I Z I L6 N49'47'34"W 19.52 ~
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q ~ I I I c°n
a I NI-~ LAND I
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7 16 '°
I I ~'nip'r~ OF ~~~ ~~~ I
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I "POINT OF BEGINNING" 10' MERIDIAN WATERLINE EASEMENT
S89'36'20"E 183.25'
,,, ~ ~ l.~ll~ZTl~7llllllllllOJ ~~ sas•22'4o"E 27s.s3'
o _ Nas•3s'2o"w 17s.s7' 11~;~1ZTll~llLZll~IllQl.IOJ.IZ7J~
N ~ ~- -~I N89'22'40"W 280.23'
~ ~ ~ ~ 35'
O N • - - -
z° ~ _ ~ N89'36' 15"W 509.94'
DUNWOODY SUBDIVISION
cJ0 • 2911/4 CORNER
0 50 100 200 300
SCALE: 1 "=100'
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TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 FAX: 208-323-2399
E-FILE: H:\07121\ExhB-Woter Esmt(2).DWGDATE:04/23/DS JOB:0712J.~85-100
Parcel name: WATERLINE ESMT #2
North: 726947.2152
Line Course: N 00-37-24 E
North: 726957.2147
Line Course: S 89-36-20 E
North: 726955.9531
Line Course: S 49-47-34 E
North: 726943.3397
Line Course: S 89-22-40 E
North: 726940.3356
Line Course: S 00-37-24 W
North: 726930.3362
Line Course: N 89-22-40 W
North: 726933.3794
Line Course: N 49-47-34 W
North: 726945.9783
Line Course: N 89-36-20 W
North: 726947.2152
East 2459796.4718
Length: 10.0001
East 2459796.5806
Length: 183.2526
East 2459979.8289
Length: 19.5389
East 2459994.7510
Length: 276.6311
East 2460271.3658
Length: 10.0000
East 2460271.2570
Length: 280.2297
East 2459991.0439
Length: 19.5165
East 2459976.1388
Length: 179.6714
East 2459796.4717
Perimeter: 978.8403 Area: 4,794 sq. ft. 0.11 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0002 Course: N 68-26-36 W
Error North: 0.00006 East -0.00016
Precision 1: 4,894,201.5000
i
Meridian City Council
August 12, 2008
Page 4 of 52
Item 6: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 08-
006 Request for Annexation and Zoning of 0.92 of an acre from R1
to an R-2 zone for Alter Property by Denise Alter - 2741 East
Leslie Drive:
B. Findings of Fact and Conclusions of Law for Approval: SHP
08-006 Request for Short Plat to create 4 office condominiums in
an existing building on 1 commercial building lot on 0.66 of an acre
in an I-L zone for North hickory Condominium by Hickory Land
Partners, LLC - 1020 North Hickory Avenue:
G Sanitary Sewer and Water Easement Agreement for Three
Corners Subdivision by David & Luane Dean:
D. Addendum to Development Agreement: MI 08-005 Request for
a Miscellaneous application to amend the existing Development
Agreement to allow the construction of the four eight-plexes prior to
the construction of the Pine/Ten Mile Intersection for Sommersby
Subdivision by Liberty Partners, Inc. -Northeast Corner of West
Pine Avenue and North Ten Mile Road:
E. Change Order No. 2 with K2 Construction for Water Division
Phase 2 Project for $5,069.95:
H. Directive Approval for Weed Abatement, 1528, 1516, and 1440
West Cherry Lane:
I. Approval of TRS Range Services-Contract Addendum for
Revisions for Preliminary Indoor Range Design for $3,000.00:
De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No.
6 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda I would remind everybody that Items G and H have
been withdrawn. I would also restate for the record that on item E that the change order
with K2 Construction for an amount not to exceed $5,069.95. Item I is a service
contract addendum with TRS Range for an amount not to exceed 3,000 dollars. And
~_n
Meridian City Council
August 12, 2008
Page 5 of 52
with that I would move that we approve the Consent Agenda and for the Mayor to sign
and the Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
amended. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Before we move into the Department Reports, if any of the members from
the public are here for Items 10, 11 or 12, they are requested to continue because of
posting or other reasons. So, we apologize if you're here tonight for any of those items.
Are any of you here for any of those items, if you will raise your hand. Okay. Well,
good. Then, I don't have to apologize. They were not signed, so we do have to
continue them.
Item 7: Department Reports:
A. Sanitary Service Department:
1. Update about Annual CPI Rate Adjustment:
De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary
Services and ask Steve to come forward.
Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet
you have a memo, dated August 12th from me, regarding our standard annual rate
increase. And the rate increase is tied to our contract. One of the difficulties or issues
that we need to talk about tonight is the county land fill rates. I have assumed in this
memorandum, since I have heard that the rates will be going up October 1st,
unfortunately, the commissioners have not published what the rates will be, but I must
come to you on a certain schedule to hit my timelines to be effective October 1st, in
case we need to go to a public hearing. So, I need your guidance on this issue, I guess.
What I have heard is the land fill fees will go up at least 25 percent, but most likely 50
percent.
De Weerd: Fifty?
Sedlacek: Yes. And that's on the heels of last year's 67 percent increase. So,
basically, this memorandum is based on a 50 percent landfill rate increase and, then,
CPI, which I guess my thought was if you have a public hearing, it's better to say what
RECEIVED
Memo
To: Jaycee Holman; Tara Green.
From: Scott Steckline; Development Services Coordinator
CC: Karie Glenn
Date: 7/22/2008
Re: Proposed Agenda Item for July 29, 2008 City Council Meeting
~u~ z z zoos
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests the following item be placed on the July
29, 2008 City Council agenda, under Consent Agenda, for Council's consideration:
Water and Sewer easements for Three Corners Subdivision.
Recommended Council Action: The Public Works Department recommends
that City Council approves the purposed water and sewer easements for Three
Corners Subdivision.
Thank you for your consideration. Please contact me if you have any questions.
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