Sanitary Sewer and Water Main Easement with Bodily, Gary for Bodily RV
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ADA COUNTY RECOROER J, DAVID NAVARRO
BOISE IDAHO 10114/03 09:20 AM
DEPUTY Jamie Parsons
RECOROED-REQUEST OF
Meridian Public Works
AMOUNT ,00
1111111111111111111111111111111111111
103173725
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this.J!'!. day of AlL4/rl. 20~between Do ~ J)crif~'
the parties of the first part, and hereinafter call~Grantors, and the City 0 eridian, A County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSE1H:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
ac,ross 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 ttom 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 sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED ExmBITS A and B)
The easement hereby granted is foc the purpose of co!\StIUctîon and operation of sanitary
sewer and water mains and their allied :fucilities, together with their maintenance, repair and
replacement at the convenience of the Gmrtee, with the free right of access to such fuci!íties
at any and all times.
TO HAVE AND TO HOLD, the said ea.,qement 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 for repairing, replacing or restoring
anything placed within the area described in this easement that was placed thue in violatìon
of this easement. '
SaDitary Sewer and, Water Main Eaeemerrt
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TIIE GRANTORS hereby COVeDl\llt and agree that they will not place or allow to be placed
any pennanent structures, trees, brush, or peremûa! 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
mdl and void and orno further effect and shall be completely relinquished,
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed oftbe aforementioned and described tract ofIlII1d, 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 ofalt 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:
~~
Secretary
STATE OF IDAHO)
) 5S
County of Ada)
On this J;;j- , day of Q':JIJ..;J- .2 before me, t. eundersigned, a Notary
Public in and for said State, p sonally appeared and
, known or identifle 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.
~~OR IDAHO
Residing
Commission Expires: ~ -36- 07
at
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Approved By City Council On:
Sønitary Sewer and WIIb!r Main Easement
P"I!"3
PAGE
03
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P~L:L
STATE OF IDAHO, )
: ss,
County of Ada )
On this 2.lP+day of ~t , 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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NOTARY PUBLlCA% I"DA. HO
RESIDING AT: Coau~,AI
MY COMMISSION EXPIRES: 'f -2i'<95"
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5505 W, Franklin Road' Boise, Idaho 83705-1055
EXHIBIT A
Bodily RV
Meridian City
Sanitary Sewer Line Easement
A strip of land situate in the Southwest one-quarter of the Southwest one-quarter of
Section 13, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, and
being 10 feet on either side of the following described centerline, to-wit:
Commencing at the comer common to Sections 13, 14,23, and 24, Township 3 North,
Range I West, Boise Meridian; thence NOoo05'45"E (formerly NOoo33'06"E per Special
Warranty Deed, Ada County, Idaho Instrument No, 100056513 and as depicted on Ada
County, Idaho, Record of Survey No, 1600), along the section line common to said
sections 13 and 14, a distance ofl,I13.41 feetto the South right of way line of Interstate
Highway 1-84; thence N89°58'06"E (formerly S89°34'15"E), along said right of way line,
a distance of25,OO feet to the East right of way line ofS. Linder Road; thence continuing
N89°58'06"E, along said 1-84 right of way line, a distance of75.00 feet; thence
S04°21'22"Wa distance of 110.27 feet the POINT OF BEGINNING:
Thence N89°58'24"E a distance of 532,07 feet to the East boundary of the Bodily
RV parcel, the POINT OF ENDING.
June 20. 2003
E:\-JOBFILE\BG05\Legal Description of Bodily RV Sewer Easementdoc
Page 1 of 1
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5505 W. Franklin Road' Boise, Idaho 83705-1055
EXHIBIT A
Bodily RV Site
Meridian City
Water Line Easement
Strips ofland situate in the Southwest one-quarter of the Southwest one-quarter of
Section 13, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, and
being 10 feet on either side of the following described centerlines, to-wit:
Commencing at the comer common to Sections 13, 14, 23, and 24, Township 3 North,
Range I West, Boise Meridian; thence NOoo05'45"E (formerly NOoo33'06"E per Special
Warranty Deed, Ada County, Idaho Instrument No, I 00056513 and as depicted on Ada
County, Idaho, Record of Survey No, 1600), along the section line common to said
sections 13 and 14, a distance of25,OO feet; thence S89°34'23"E (formerly S89°07'03"E)
a distance of25.00 feet to the intersection of the East right of way line ofS, Linder Road
and the North right of way line ofW. Overland Road; thence continuing S89°34'23"E,
along said North right of way line, a distance of 518,89 feet to the POINT OF
BEGINNING:
Thence NOoo05'45"E a distance of 271.00feet to a point hereinafter referred to as
"Point A";
Thence continuing NOoo05'45"E a distance of335,63 feet;
Thence N89°54'15"W a distance of 110,89 feet;
Thence NOooOO'OO"E a distance of33,57 feet to the POINT OF ENDING,
ALSO:
Commencing at the aforementioned "Point A", the POINT OF BEGINNING;
Thence N90o00'00"W a distance of 32,00 feet to the POINT OF ENDING;
June 20, 2003
E:\-JOBFILE\BG05\tegal Description of Bodily R V Water Easementdoc
Page I of I
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EXHIBIT B
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pageloL2....
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Meridian Ci Council Meetin
The Regular Meeting of the Meridian City Council was called to order at 7:12 P,M., on
Tuesday, August 19, 2003, by Mayor Robert Corrie,
Au u t 19 2003
.......... p- ....... - Come, Wiliiam Na,y, """" Bi<d, Tammy de -,
and Cherie McCandless,
Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, and Dean Willis,
Item 1,
Roil call Attendance:
-A- Tammy de Weerd ----1L- Bill Nary
-A- Cherie McCandless -L Keith Bird
----1L- Robert Corrie
CÖrrie: All right will open the regular City Council Meeting, Tuesday, August 19,
2003, at 7:12 P,M, in the City Council Chambers and I would ask roll call attendance by
the City Clerk at this time,
Item 2.
Adoption of the Agenda:
Corrie: All right The second item is the adoption of the agenda,
Bird: Mr, Mayor?
Corrie: Mr, Bird,
Bird: 'move that we adopt the agenda as published, with the exception that the Mayor
would like to have as Item Number 11 Executive Session.
De Weerd: Second,
Corrie: Okay, Motion has been made and seconded to adopt the agenda with the
addition of Item Number 11, Executive Session, Any other discussion? All those in
favor of the motion say aye, All ayes, Motion carried,
MOTION CARRIED: All AYES
Item 3.
Consent Agenda:
A.
B.
Approve minutes of July 17, 2003 City Council Budget Workshop:
Approve minutes of July 18, 2003 City Council Budget Workshop:
C.
Approve minutes of August 5, 2003 City Council Regular Meeting:
--
MeridIan City Council Meeting
August 19, 2003
Pg2ot13
D.
E.
Approve minutes of August 5, 2003 Pre-Council Meeting:
Findings of Fact and ConclUSions of Law for Approval: CUP
03.025 Request for a Conditional Use Permit for a bank facility
with a drive-thru window in a C-C Zone for Idaho Banking
Company by Idaho Banking Company - 1875 South Eagle Road:
F.
Findings of Fact and Conclusions of Law for Approval: CUP
03.031 Request for a Conditional Use Permit for an educational
facility in a 9,058 square foot tenant Space in an existing building in
an l-O zone for the University of Phoenix by the University of
Phoenix - 2950 East Magicview Drive:
Findings of Fact and Conclusions of Law for Approval: RZ 03-
007 Request for a Rezone of ,165 acres from R-4 to O-T zones
for Schroeder Apartments by H, John Cook - 921 West 2nd
Street:
G.
H.
Findings of Fact and Conclusions of Law for Approval: CUP
03.026 Request for Conditional Use Permit to remove existing
house and construct four apartments, 2 story with bedrooms on
upper level, and four single garages attached in a propoSed 0- T
zone for Schroeder Apartments by H, John Cook - 921 West 2nd
Street:
I.
Findings of Fact and Conclusions of Law for Approval: AZ. 03-
013 Request for annexation and Zoning of 79,77 acres from RUT
to R-8, C-G and l-O zones for proposed Kelly Creek Subdivision
by Kevin Howell Construction - northwest COrner of North linder
Road and West McMman Road:
J.
Findings of Fact and Conclusions Of Law for Approval: PP 03-
014 Request for Preliminary Plat approval of 213 building lots and
15 other lots on 79,77 acres in PropoSed R-B, l-O and C-G zones
for proposed Kelly Creek Subdivision by Kevin Howell
Construction - northwest comer of North linder Road and West
Mc;Mman Road:
K.
Findings of Fact and Conclusions of Law for Approval: CUP
03.028 Request for a Conditional Use Permit for a Planned Unit
Development for 213 residential units, 34,200 SQuare feet for office
uses and 35,790 square feet for commercial uses for propOsed
Kelly Creek Subdivision by Kevin Howe Construction -
northwest COrner of North linder Road and West McMman Road:
MeridIan City Council Meatlng
August 19, 2003
Pg30f13
L.
Findings of Fact and ConclUSions of Law for Approval: AZ. 03-
012 Request for annexation and Zoning of 24,004 acres from R1
to R-2 zones for .G..arol SUbdivisi2D. by The City of Meridian - west
of North Eagle Road and south of East Ustick Road:
Sewer and Water Main Easement - BOdily RV Center:
M.
N.
Memorandum of Agreement With Community Planning
AsSOciation of Southwest Idaho for Joint Funding on Aerial
Photos:
Corrie: Next is the Consent Agenda,
Bird: Mr, Mayor?
Corrie: Mr, Bird,
B'ro, I move !hat we -- !he """-' - as -""", ."" to< !he Ma"" 10
sign and the Clerk to attest on all proper papers,
De Weerd: Second.
Come, Motion has "- ..... and --- to - ... Coo,.,. ....... ."" ""
... '"- to "go as........... Any...... d"""-r¡ -... none, "'" """ -.
Mr, Berg,
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Birel, aye,
Corrie: All yeas, Motion is carried,
MOTION CARRIED: All AYES
Item 4.
Department Reports:
1,
Havasu Creek SUbdivision Street Name Change.
Com., Item N""""" 4 ¡, "-'men, - I be- ""'" .... one d"""""",,,
report,
S_, "'- '"", "", Mayo" CoundI -- We '- a ......., ""'" tho
"""""""" 0/ ........ C- Subä....... . - - """""'" Wffh an '-
- name. That - name was -- as East T rin;ty ....... ..... """ the
-- ""'" ....... to ....... .,.. -- name to E... Gtand c"""" -. The
Ada County E- w;/ not inmate ..~ """"" on Ole - plat wlIhou¡ hawng
Cüy Counc¡ "'" -- of... """"'. .... '" ..... Is . memo - "'" ohould """" -
""""'""" you have a memo to .., --.. The..... name, Ada 00Unty ..... "a.",