Water Main Easement with Joint School District No. 2 for Meridian School New Academy HS
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02111104 12:17 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF
MERIDIAN CITY
AMOUNT ,00
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104015606
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WATER MAIN EASEMENT
THIS INDENTURE, made this ß day of~between Joint School District #2, the parties of the
flfSt 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 10 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 fTom
time 10 time by the Granlee;
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 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 HA VEAND 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, thaI 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
permanenl structures, trees, brush, or perennial shrubs or flowers wilhin the area described for this
easement, which would interfere with the use of said easemenl, for the purposes staled herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, 10 such extent, such right-of-way and easement hereby granled 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.
Water Main Easement
EASMT WTR . r;::::-
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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 hereun10 subscribed their signatures
the day and year first herein above written.
GRANTOR:
'sline Donnell, Superintende
Joint School District No.2
~ bUAc-
Secretary
STATE OF IDAHO)
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County of Ada )
On this ~ day of Oc..fùber ,2003, before me, the undersigned, a Notary Public in
and for said State, personally appeared Christine Donnell and Tri5 h Dunce.. '"
known or identified to me to be the Superintendent 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 hereun10 set my hand and affixed my official seal the day and year
fist above written.
~~
NOTARYPUBUCFORIDAHO
Residing at fYI~ I ~,
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Water Main Easement
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GRANTEE' CTIY OF MERIDIAN "" -, Of ME,'9t/' 'II"
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Attest by William G. Berg, City Clerk 1IIII'I!OUNT'l """",
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Approved By City Council On: ~ 'Lm ~ 't>... \Ò. ?£~~
STATE OF IDAHO,
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County of Ada
On this _2:Q~:~.ßay of ¡./ óV ~ , 2003, before me. the undersigned, a
Notary Public in and for said State, personally appeared;1~T & ~~E- and WILLIAM G. BERG,
JR" known to me to be ~~ ~ ~d 9Ì)'~Clerk, respec ve y, f e lty 0 Meridian, Idaho, and who
executed the within insJiŒr~ãlId1&~edged 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 [lISt
above written.
(SEAL)
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EXHIBIT A
PARCEL DESCRll'TION
W A 'fER MAIN EASEMENT
August 26, 2003
Project:
Project No.:
WESTBOROUGH SUBDIVISION
30363
A parcel of land located in the northeast v.. of the northeast v.. of Section 30, Township 4 North. Range I East. Boise
Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows:
Commencing at the northeast comer of said Section 30, marked by a 3.5" brass cap;
Thence North 89'51'35" West coincident with the north line of said northeast v.. of the northeast v.. a distance
of 1317.00 feet to a 5/8" £Obar marking the northwest comer of said northeast v.. of the northeast v..;
Thence South 00'29'56" West coincident with the west line of said northeast v.. of the northeast v.. a distance
of t287.39 feet to the POINT OF BEGINNING;
Thence South 89'56'03" East, 491.23 feet;
Thence North 45'00'10" East, 458.79 feet;
Thence South 89'53'57" East, 269.41 feet;
Thence North 30'06'03" East, 119.66 feet;
Thence South 89'53'57" East, 173.72 feet to the east line of said northeast v.. of the northeast v..;
Thence South 00'37'40" West coincident with said east line of the northeast v.. of the northeast v.. a distance
of20.00 feet;
Thence North 89'53'57" West, 162.17 feet;
Thence South 30'06'03" West, 119.66 feet;
Thence North 89'53'57" West, 272.65 feet;
Thence South 45'00'10" West, 458.78 feet;
.
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EXHIBI T B
CHIND£N BL VD,
NS9'51'35"W
1317.00'
PROPOS£O W£STBOROUGH
SUBDIVISION
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Meridian City Council Meetina
November 12. 2003
The regular meeting of the Meridian City Council was called to order at 7:10 P.M.,
Tuesday, November 12, 2003, by Council President Tammy de Weerd.
Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless,
Members Absent: Mayor Robert Corrie.
Others Present: Jill Holinka, Will Berg. Anna Powell, Brad Watson, Gary Smith, Kenny
Bowers, Bill Musser. Doug Strong, Brad Hawkins-Clark, and Dean Willis.
Item 1.
Roll-call Attendance:
----A- Tammy de Weerd --L Bill Nary
----A- Cherie McCandless ~ Keith Bird
~ Robert Corrie
De Weerd: I'd like to call this meeting to order and welcome you all here to the City
Council Meeting. Irs our Regular Agenda November 12"'. It is 7:10 and we will start
with roll call.
Item 2.
Adoption of the Agenda:
De Weere!: Thank you. I would like to welcome Troops 149 and 306 and soon to be a
new number, but welcome you boys here today and hope you earn your citizenship
badge and look forward to having you join us here at the meeting. Okay. We will move
to Item 2, adoption of the agenda. Are there any changes?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Our Planning and Zoning Director has asked if we would move Item 10, I believe,
up to - in front of seven. Is that right, Anna? If thars agreeable with the other three
Council people -- okay. Other than that. I would move that we adopt the agenda as
noted.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as presented.
with the exception of moving 10 before seven. All those in favor say aye. Okay. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
Meridian City Councii Meeting
November 12, 2003
Page 2 of 63
A.
Findings of Fact and Conclusions of Law for Approval: AZ. 03-
015 Request for annexation and zoning of 9.8 acres from RUT to R-
8 zones for proposed Saaeland Planned Development by Quasar
Development, LLC - northeast corner of South Locust Grove Road
and East Victory Road:
B.
Findings of Fact and Conclusions of Law for Approval: PP 03-
020 Request for revised Preliminary Plat approval of 41 building lots
and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed
Saaeland Planned Development by Quasar Development. LLC -
northeast corner of South Locust Grove Road and East Victory Road:
C.
Findings of Fact and Conclusions of Law for Approval: CUP 03-
036 Request for Conditional Use Permit for a Planned Development
with a private neighborhood park in an R-8 zone for proposed
Saaeland Planned Development by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road:
D.
Approve Liquor License Application for Corona Villaae - 21 East
Fairview Avenue:
E.
Water Main Easement for New Academy High School - Joint
School District No.2:
F.
Approve Agreement for Hookup to City Sewer System Outside
City Limits by Marvin Everett:
G.
Water Line Crossing Agreement with Bureau of Reclamation
and Tuscanv Development for Messina Village Subdivision:
De Weerd: Item Number 3. Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Powell: Madam President?
Bird: Yes.
Powell: Before Mr. Bird wants to make a motion. the findings for Sageland, when you
approved it, -- they are not ready. I'm sorry that I didn't get that to you before. Those
are not ready.
Bird: Item C?
Powell: Items A, Band C are not ready. They were supposed to get a revised site plan
that I approved and they have not done that yet.