HomeMy WebLinkAboutWater Main Easement with Precision Craft for Precision Log HomesADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 02115!07 01:38 PM
DEPUTY Neava Haney III IIIIII'lll'll'IIIIIIIIIIIIIIIII'll
RECORDED-REQUEST OF 107~2~42~
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~. day of . , 20~between . ~ the parties of
the first part, and hereinafter called the Grant ,and the City of Meridian, Ada County, I o, 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 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 HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, iYs 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 adj scent 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
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Main Easement EASMT WTR
MAIN.doc
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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 ofthe first part have hereunto subscribed their signatures
the day and yeaz first herein above written.
GRANTOR:
On this ~_ day of 20~, before me, the undersigned, a Notary Public in
and f r said State, personally appea •ed ~ and
ts1 ,known or identified to me to be the President d 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 hereunto set my hand and affixed my official seal the day and yeaz
fist above written.
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Water Main Easement
N ARY P LIC FO IDAHO
Residing at i 2, _
Commission Expires: 5 • ~' ~ ~
MAIN.doc
EASMT WTR
STATE OF IDAHO )
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County of Ada )
GRANTEE: CITY OF MERIDIAN
Tammy de W
Attest by William G. Berg, City
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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On this ~ day of `~ ~ '' ~ ' ~ ~ 20~^ 1 before me, the undersigned, a
Notary Public in and for said State, personally appearedMMY DE WEERD 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.
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NOTARY PUBLIC FOR IDAHO
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Water Main Easement EASM~T W~TR,,
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Leaal Description
Precision Craft Water Easement
An easement for the City of Meridian for water located in a portion of Lots 5, and 6 of the
Onwiler Subdivision as shown in Book 8 of Plats on Page 378, records of Ada County,
Idaho, being located in the NW '/, of the SE '/. of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the southwest comer of SE '/. of said
Section 7, from which a brass cap monument marking the northwest comer of said NW'/4
of the SE'/4 bears N 0°35'04" E a distance of 2641.34 feet;
Thence N 0°35'04" E along the westerly boundary of said SE '/. a distance of 1919.26 feet
to a 5/8 inch diameter iron pin;
Thence leaving said westerly boundary S 88°30'19" E a distance of 424.12 feet to a point;
Thence S 1°29'41" W a distance of 33.00 feet to the POINT Of BEGINNING;
Thence S 88°30'19" E a distance of 208.03 feet to a point;
Thence S 0°29'41" W a distance of 73.11 feet to a point;
Thence S 89°30'19" E a distance of 17.00 feet to a point;
Thence S 0°29'41" W a distance of 20.00 feet to a point;
Thence N 89°30'19" W a distance of 37.00 feet to a point;
Thence N 0°29'41" E a distance of 73.46 feet to a point;
Thence N 88°30'19" W a distance of 188.03 feet to a point;
Thence N 0°29'41" E a distance of 20.00 feet to the POINT OF BEGINNING.
This parcel contains 5966 square feet (0.14 acres) and is subject to any other easements
existing or in use.
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Clinton W. Hansen, PLS
Land Solutions, PC o
January 11, 2007 a 11118
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Meridian City Council
February 6, 2007
Page 3 of 76
South Ridge Subdivision by James L. Jewett -south side of
Overland Road between Linder Road and Ten Mile Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 06-
031 Request for Preliminary Plat approval of 224 lots including:
189 residential lots, 11 commercial /other lots and 8 Mega lots (to
be developed in the future) and 16 common/open space lots on
290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2
zones for South Ridge Subdivision by James L. Jewett -south
side of Overland Road between Linder Road and Ten Mile Road:
I. Development Agreement: AZ 06-048 Request for Annexation
and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres)
and I-L zone (24.01 acres) for Creamline Park Subdivision by
Creamline Associates, LLC -1200 West Franklin Road:
J. Development Agreement: RZ 06-010 Request for a Rezone of
2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van
Auker -Northwest Corner of Eagle Road and Lanark Street (Lots 1
& 2, Block 1 of Olson & Bush Industrial Park:
K. Development Agreement: AZ 06-034 Request for Annexation
and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited
Office District) zones for Ashtvn Park Annexation by David N.
Price -- 201 West Ustick Road:
L. Sanitary Sewer and Water Main Easement Agreement for
Sparrowhawk III by David Waldron, Douglas Keith, and Russell
Curtis:
M. Water Main Easement Agreement for Meridian Village by ASH
Investments:
N. Water Main Easement Agreement for Sevov Antiques by Paul
Sevoian:
O. Sanitary Sewer and Water Main Easement Agreement for
Sevov Antiques by Fairview Terrace, LLC:
P. Water Main Easement Agreement for Precision Loo Homes by
Precision Craft Log Homes:
Q. Change Order No 1 of Contract with JUB Engineering for
Design of Water 8~ Sewer Improvements in Conjunction with
ACRD Ten Mile, Franklin to Cherry Project for a Cost of
$5,000.00:
Meridian City Council
February 6, 2007
Page 4 of 76
R. Public Works Change Order No. 4 for Water and Sewer
Improvements in Conjunction with the Locust Grove Grade
Separation for a Cost of $56,652.00:
S. Public Works Chance Order No. 2 for the Pine Interceptor
Sewer /Ten Mile Sewer Project with Bodiford Construction,
Inc. for $75,650.80:
T. Task Order #0664 with Civil Survey for Design and
Construction Oversight Services for Cherry Lane Mobile Home
Parks Water System Upgrades for $15,135.00:
U. Request for Reduction in Sewer Connection Fee for Bill. ~
Lynn's Place at 229 West Franklin Road:
V. Approve Award of Bid /Agreement for #CH-07-001 Well
Abandonment to McLeran Well Drilling. LLC not to exceed
$65,000.00:
W. Maintenance Agreement for DI System at Wastewater
Treatment Plant Lab with Siemens Water Technologies:
X. Hold Harmless Agreement for Participation in Activities And /
Or Use of Facilities with Joint School District No. 2:
Y. Approve Contract for the Canal Crossings for the Bitter Creek
Lift Station and Pipelines with H2 Excavation, Inc. for
$36,713.02:
Z.
Proiect with CH2M HILL for $53,100.00:
AA. Approve Contract for the Meridian Water Department Well
Drawdown Meters / SCADA Maintenance with DC Engineering,
P.C. for $23,227.00:
BB. Approve Contract for the Task Order 2 with HDR Engineering,
Inc. for $10,000.00:
Borton: Item No. 5. Consent Agenda.
Bird: Mr. President?
Borton: Mr. Bird.
Meridian City Council
February B, 2007
Page 5 of 76
Bird: I move that we approve the Consent Agenda as published and for the President to
sign and the Clerk to attest on all papers.
Rountree: Second.
Borton: It's been moved and seconded to approve the Consent Agenda as published.
Roll call, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department
1. Broadway Water and Sewer Project Update:
Borton: Thank you. Item No. 6, Department Reports. Public Works Department.
Broadway Water and Sewer Project update.
Radek: President Borton, Council Members, my name is Kyle Radek, I am a staff
engineer in Public Works. I'm the project manager for the Broadway Avenue Water and
Sewer Project. I'm here to ask for some guidance from Council. We originally specified
that work in the intersections of Meridian and Main Street on Broadway would be done
at night in this project and the contractor is requesting that we allow them to accomplish
the work by closing the intersections on weekends. After discussions with Public Works
director and ACHD staff, our conclusion is that allowing weekend closures would be
safer, faster, and save us money and so I'd like to offer this topic for discussion of the
Council to see if the Council had some opinions on the closures of the roads during the
weekends versus doing night work and the value of that to the citizens of the community
and to offer, if appropriate, concurrence on our decision.
Borton: Thank you, Kyle.
Bird: Mr. President?
Borton: Mr. Bird.
Bird: ACRD is fine with it and I don't see anything wrong with it. I think it's probably
better to do it then than at night, because you have still got traveling at night and quite a
bit of lighting up, so if that will save us some money I'm for it. I don't think it will tie the
traffic up too bad.
Rountree: Mr. President?