Water Easement with Tuscany Develpment, Inc. for Messina Village Subdivision No. 2
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 07/16/03 11:09 AM
DEPUTY Michelle Turner
REC,O~DED-REQUEST OF 1111111111111111111111111111111111111
Meridian City 1133117615
AMOUNT ,00
~-------
WATER EASEMENT
THIS INDENTURE, made this~ day o~, 206.:> 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
ofthis 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
21108wtr.doc
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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 ofthe aforementioned and described tract ofland, 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:
STATE OF IDAHO)
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County of Ada )
On this / ;) day of ~ Co. ,,-{ , 20 QJ before me, the undersigned, a Notary
Public in and for said State, personally appeared Gregorv Johnson, known or identified to
me to be the president of Tuscany Development, me, that executed the within instrument,
and acknowledged to me that such corporation executed the same,
,JN~S WHEREOF, I have hereunto set my hand and affixed my official seal the day
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GRANTEE: CITY OF MERIDIAN
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Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
On this----'Lday of ~~ ' 2003, before me, the
undersigned, a Notary Public in and for said S ate, 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,
(SEAL)
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MY COMMISSION EXPIRES: 1{ - 215-0'5
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DESCRIPTION FOR OFF-SITE WATERLINE EASEMENT
MESSINA VILLAGE SUBDIVISION NO.1
May 10, 2003
An easement of land located in the NE Yo of Section 29, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast corner of Section 29, Township 3 North, Range 1 East,
Boise Meridian; thence N 89°36'44" W 716,20 feet along the north line of said NE Yo to a
point on the centerline of Victory Road, the BEGINNING POINT of this centerline
description;
Said easement being 20 feet wide, 10 feet on each side of the following described line:
Thence S 00°28'30" W 96,03 feet to a point;
Thence S 12°44'15" W 103,50 feet to a point;
Thence S 25°00'00" W 126,78 feet to a point;
Thence S 12°44'15" W 60,70 feet to a point;
Thence S 00°28'30" W 169,30 feet to a point;
Thence N 89°36'44" W 587,55 feet to a point;
Thence N 66°34'24" W 50,94 feet to a point;
Thence S 23°25'36" W 758,22 feet to a point;
Thence S 21 °34'24" W 35,62 feet to a point;
Thence S 66°34'24" E 129,74 feet to a point;
Thence S 78°05'47" E 40,33 feet to a point;
Thence S 89°37' 11" E 222,82 feet to a point on the westerly boundary of Messina
Village Subdivision No.1, the END POINT of this description,
Michael E. Marks, PLS 4998
~~ '3 '\; 19
2110808 watdes.doc
EXHIBIT
"B"
VICTORY ROAD
------------------ - POINT OF BEGINNING L 1 20 21
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>1- NUMBER DIRECTION DI5TANCE n- --~ '---l__'-L i ; r----~ ~-----j ! I
'Ll N 89'36'44" W 716.20' _n- _ni--P~O"'E,,_.>r-(, "'" :: I I' 1
, I : ,"', D ME$"SIN -, I ,-Un, , '
L2 5 00'28'30" W 96.03' -l' i ! /SUfiDi'I{ISION t V~Ll/AGE i i I
L3 5 12'44'15" W 103.50' ---- ---L- I , , "'" 0.1' I-n_--7 : I
: r""",-i-.,/,/'",/ ,II :1,
L4 5 25'00'00" W 126.78' :,' I '--<""',,>/ /', ",- / J.- :: 1
,II "/'~'----{I'
LL56 5 12'44'15" W 60.70' =~-~:~--1___<, / ,< ~LKNþ.. ~l ¡ II
S 00'28'30" W 169.30' T 70--- -i, , fl. "
L7 N 89'36'44" W 587.55' ! // -r-" '-,/ \ i i
L8 N 66'34'24" W 50.94' i
L9 S 23'25'36" W 758.22' ¡
Ll0 5 21'34'24" E 35.62' ¡
L11 566'34'24"E 129.74' ¡
L12 5 78'05'47" E 40.33' ,
Ll3 589'37'11" E 222.82' !
I
BRIGGS ENGINEERING, INC,
PERMANENT 20' WATER EASEMENT
REVISION
",,"W<>
PROPOSED MESSINA VILLAGE SUBDIVISION No.1
R.IE., 8.M.
C BRIGGS J
DESIGN
SHEET
(208)344-9700
1800 W. OVERLANO ROAD
801SE. IDAHO 83705
1 OF 1
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Meridian Cny Council Meeting
June 24,2003
Page 3 of 52
R.
S.
T.
U.
V.
K.
Findings of Fact and Conclusions of Law for Approval: PFP
03-001 Request for Preliminary I Final Plat approval of 2 building
lots on 2.46 acres in an L-Q zone for Gala Park Subdivision by
Paul Aigner - 1620 Celebration Avenue:
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-Q zones
for Christ Lutheran Church by Christ Lutheran Church - 1406
West Cherry Lane:
L.
M.
Findings of Fact and Conclusions of Law for Approval: CUP
03-012 Request for a Conditional Use Permit for a church I
preschool in a proposed L-Q zone for Christ Lutheran Church by
Christ Lutheran Church - 1406 West Cherry Lane:
Findings of Faèt 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:
N.
O.
P.
Waterline Easement for Idaho Central Credit Union:
Sewer and Waterline Easement for Franklin Storage:
Q.
Sewer and Water Main Easement for Tuscany Development -
Messina Village Subdivision No.1:
Sewer Main Easement for Tuscany Development - Messina
Hills Subdivision No.1:
Sewer and Water Main Easement for Sutherland Farms
Subdivision No.1:
Lift Station Maintenance Agreement with Havasu Creek, LLC,
for Cobre Basin Subdivision No.1:
License Agreement with Nampa & Meridian Irrigation District
for Sewer Crossing of Finch Lateral:
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.
Kilchenmann,
Mrs,
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?