Sanitary Sewer Easement with M3 Properties, LLC for Cobre Basin Subdivision No. 1
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/15/03 11:50 AM
DEPUTY Joanne Hooper
RECORDEO-REQUEST OF
MERlO IAN CITY
AMOUNT .00
1111111111111111111111111111111111111
103156449
SANITARY SEWER EASEMENT
Cobre Basin Subdivision No.1
THIS INDENTURE, made thise!! day of~, 20 "between M3 Properties LLC, the parties
ofthe 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 fÌom 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 fteeright 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 perfonning 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 forrepairing, replacing orrestoring
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
Coble Basin Page 1 30210ss-hav3,do, r ^
Page...l.-P~
any pennanent 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 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:
M3 Properties LLC
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J n Martm, Managmg Member
STATE OF IDAHO)
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County of Ada)
On this -tfkdayof 1'-'1 v'\ f ' 20~ before me, the undersigned, a Notary
Public in and for said State, pe onally appeared Justin Martm, known or IdentIfied to me to
be the managing member of the limited liability company that executed the within
instrument, and acknowledged to me that such limited liability company executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fi¡;¡'iWnxe written, Y
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GRANTEE: CI pt~RIDIAN
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~ert D, Corrie, Mayor
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Cobre Basin
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STATE OF IDAHO, )
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County of Ada)
On this 5-1:-1-, day of cS e{J-ie-mlJfUU , 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.
(SEAL)
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MY COMMISSION EXPIRES: Lf -2-1( -05'
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EXHIBIT "A"
DESCRIPTION FOR
COBRE BASIN SUBDIVISION NO.1
CITY OF MERIDIAN SANITARY SEWER EASEMENT
THROUGH
PROPOSED HAVASU CREEK NO.3 SUBDIVISION
CITY OF MERIDIAN, IDAHO
July 22, 2003
AN EASEMENT FOR GRAVITY SANITARY SEWER LINE CONSTRUCTION,
OPERATION AND MAINTENANCE, LOCATED IN SECTION 31, TOWNSHIP 4
NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the northwest comer ofSectÏon 31, T.4N" RIE" B.M" thence
S 00°30'03" E 773 .33 feet along the west line of said Section 31; thence
N 90°00'00" E 2999.45 feet to a point on the Westerly boundary of proposed Havasu
Creek Subdivision No, 3, the BEGINNING POINT of this centerline description;
Said easement being 10 feet each side of the following described line:
Thence S 63°01'30" E 157,99 feet to a Point;
Thence S 00°33'41" W 375,61 feet to a Point;
Thence S 20°59'45" E 76,28 feet to a point on the centerline of an existing sanitary sewer
easement, the ENDING POINT of this centerline description,
I Michael E, Marks, P.L.S, No, 4998
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REVISION,
BY,
SANITARY SEWER EASEMENT
CITY OF MERIDIAN
BRIGGS ENGINEERING, INC.
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ENGINEERS PLANNERS SURVEYORS
1800W.OVERlANDROAD'BOISE,IDAHO8370S'(208)J44-9700
SHEET, 1 OF 1 LOCATED IN THE NORTHEAST CORNER OF SECTION 3'
T. 4 N" R, , E., 8,M,
EXHnBnT B MERIDIAN, ADA COUNlY, IDAHO
U U DWG DATE, DWG NO. SCALE,
30210-SSEASE2,OWG 07/22/03 KDH 30210 ,"= 500'
Meridian City Council Meeting
September 2, 2003
Page 2 of 51
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
A.
B.
C.
D.
Approve minutes of August 19, 2003 Pre-Council Meeting:
Approve minutes of August 26,2003 Pre-Council Meeting:
Findings of Fact and Conclusions of Law to Amend Conditions
of Approval: FP 03-038 Request to amend conditions of
approval on the Final Plat for Packard Acres No.2 by the City of
Meridian - east of North Wingate Lane and south of East Ustick
Road:
Development Agreement: AZ. 03-010 Request for annexation
and zoning of 39,15 acres from RUT to R-8 (PD) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
E.
Sewer and Water Main Easements for Meridian School District
Bus Facility:
F.
Sewer and Water Main Easements for Cobre Basin Subdivision
No.1:
G.
Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe:
H.
Agreement for Professional Services for Sewer Master Plan
Update - JUB Engineers:
I.
Approve Bills:
Cortie: Next we have the Consent Agenda,
Bird: Mr, Mayor?
Corrie: Mr, Bird,
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk attest on all proper papers,
McCandless: Second,
Meridian CRy Council Meeting
September 2, 2003
Page3of51
Corrie: Motion has been made and seconded to approve the Consent Agenda, A
through I. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye,
Corrie: All ayes, Motion carried,
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make
sure that everybody is aware that the auditorium at the middle school. They want to
have a signed consent for two hours for October 9, 2003, for the Fire Department
academy graduation and everything was in order here, I believe, Mr, Nichols, that we
just need to have me sign it to allow them to have the academy graduation there. I don't
-- unless you have any objections to the signing,
Bird: No,
Corrie: All right Thank you.
Nichols: Mr, Mayor?
Corrie: Yes,
Nichols: Mr. Mayor, Members of the Council, this is a standard form agreement the
school district requires of every entity that uses their facility, It covers insurance,
janitorial, and those sorts of things and as often as we might use those facilities, it might
be, you know, a continuing type approval to do that, as long as it's nothing out of the
ordinary. I guess we might ask them - of course, they no longer use this facility and I
don't think we have asked them to do it before when they have used this facility for their
meetings, so - but they required it
Corrie: Anything further on that, then? Okay, I don't know about Kenny, but thank you,
ItemS.
(Items Moved from Consent Agenda)
Corrie: Number 5 is items moved from the Consent Agenda, We haven't any.
Item 6.
Ordinance No. AZ 03-010 Request for
annexation and zoning of 39,15 acres from RUT to R-8 (PD) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane: