Water Main Easement with A&H Investments for Meridian Village 2ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 °
BOISE IDAHO 11129/07 01:39 PM
DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIII�II III
RECORDED -REQUEST OF 107158810
City of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this third day of October, 2007 between A&H Investments 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 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, its 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 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
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
final
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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 hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
tel' _� ulm
President
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this % % day of 0C4b b:ejC , N Qbefore me, the undersigned, a Notary Public in
an4 for said State, personally appeared 4c, c,�, and
fld►own or identified 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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Commission Expires:
Water Main Easement EASMT WTR MAIN
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, or = _
BEAL
Attest by William G. Berg, ityClerk
Approved By City Council On: a
STATE OF IDAHO,
ss.
County of Ada )
rd
On this o�3 day of (r- �jbPe-" , 20_, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY 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.
N• ,At a
(SEAL) •• ; Gt•,� NOTARY PUBLIC FOR IDAHO
• r'9, p `.�W Residing at: oa-k d l.-L"(T
A ;'x; Commission Expires: I()-
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Water Main Easement EASMT WTR MAIN
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PBge.�,._Of..aL
CITY OF MERIDYAN WATER EASEMENT
Wr,T— S89*33'29'E
694.13'
01. .�
0o I E. FAIRVIEW AVENUE o
o� �
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Z S89'33'29"E 289.75'
2.60.0'.�--���.--��--
_ — j SOO'20'06"E
N89'33'29"W 20.00'
N00'20'06"W 36.03'
20.00' I i
LOT 1 BLOCK 2 LOT 2
I TREASURE VALLEY
I BUSINESS CENTER WI
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PLEASANT I SURVEY REFERENCES
VALLEY $ `"
rn 1. TREASURE VALLEY BUSINESS CENTER
SUB. SUBDIVISION, PAGES 4790-4792 OF
BOOK 53 OF PLATS, RECORDS OF
ADA COUNTY, IDAHO.
I �
S89� 3�8 E
290.00'
^, LOT 4
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�13?42�,.�
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TA, 11575 . to
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60 30 0 60
HORIZONTAL. SCALE IN rmi
LEGEND
— — BOUNDARY LINE LOT 1, BLOCK 2
ADJACENT PROPERTY UNE
STREET CENTER LINE
--------EASEMENT LINE
WATER EASEMENT
SITUATED IN A PORTION LOT 1, BLOCK 2 TREASURE
VALLEY BUSINESS CENTER, LOCATED IN TBE
NE 1/4 OF SECTION 8, T. 3 N., R. 1 E., B.M., CITY OF
MERIDIAN, ADA COUNTY, IDAHO
1w FOUND HIGHWAY MONUMENT
O FOUND 5/8 REBAR
O FOUND 1/2' REBAR
Rennison Fodrea, Inc.
p A_'n.9,i~ors a Surveyors • Planners
100 K WT lYwt PA ON 1M spm a. am mo
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Ro 2oaN^3410 F.e
Page—q-4L.
Cascade Office
PO Box 188
105 N Main Street
Cascade, Idaho 83611
Office: 208-3824902
Fax: 208-382-3410
DATE: 10/03/07
Rennison Fodrea Eagle Office
Engineers • Surcaeyors •Planners 430 E. State St
Suibe 140
Eagle, Idaho 83616
Office: 208-938-2440
Fax: 208-938-2441
Legal Description
For
City of Meridian Water Easement
Project No.:1618
A water easement situated in a portion of Lot 1, Block 2, Treasure Valley Business Center
Subdivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office
of Recorder, Ada County, Idaho, located in the northeast one quarter of Section 8, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said water easement
being graphically illustrated as Exhibit "B" attached hereto and by this mention made a part hereof
and being more particularly described as follows:
Commencing at a found 1/2 inch iron pin on the south right-of-way boundary of E. Fairview
Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°33'29" E, a
distance of 22.60 feet on said south right-of-way boundary of E. Fairview Avenue and the north
boundary of said Lot 1 to the POINT OF BEGINNING;
Thence continuing a bearing of S 893329" E, a distance of 36.03 feet on said south right -0f -way
boundary of E. Fairview Avenue and the north boundary of said Lot 1 to a point;
Thence a bearing of S 00'20'06" E, a distance of 20.00 feet to a point;
Thence a bearing of N 89°3329" W, a distance of 36.03 feet to a point;
Thence a bearing of N 00°20106" W, a distance of 20.00 feet to the POINT OF BEGEVNING;
The above described easement contains 721 square feet more or less, and being subject to and
together with any and all rights-of-way and easements of record and / or use.
Modification in any way of the foregoing legal description terminates all liability of the surveyor who
prepared that description
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11575
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R\Projects\BRSArrhitec \1618\Admin\Lega19\1618 Wa6amainFasement2doc
Meridian City Council
October 23, 2007
Page 5 of 104
A. Approve Minutes of October 9, 2007 City Council Special
Workshop Meeting:
C. Resolution No. 07-584 Declaration of Surplus
Property of 2 Kawasaki Motorcycles to Canyon County
Sheriff's Department:
D. Resolution No. 07-585 Destruction of Records for
Finance Department:
E. Resolution No. 07-586 Declaration of Surplus
Property to Donate Computer Equipment to the Meridian Boys
& Girls Club:
F. Resolution No. 07-587 VAC 07-012 Request for a
Vacation of the public utility, drainage and irrigation easements for
Montvue Park Subdivision for Gardner Ahlquist Gateway by
Timberline Surveying, PLLC — Southeast Corner of East Franklin
Road and North Eagle Road:
G. Approve Pipeline Crossing Agreement with Union Pacific
Railroad Company for a 10 -inch water main crossing the
railroad tracks at RR Mile Post 456.33 for the amount of
$4,800.00:
H. Approve Change Order No. 11 of Contract with Owyhee
Construction, Inc. for additional Type "P" Permanent Asphalt
Repair for Broadway Avenue, Meridian Road to Fifth Street
Utility Replacement Project: for $106,725.00:
Approve New Beer and Liquor Licenses for JMS Services dba
My Caffe at 450 S. Meridian Road, Ste. 15:
J. Water Main Easement Agreement for Meridian Village by A&H
Investments:
L. Permanent and Temporary Easement Contract for the
Construction of the Sanitary Sewer for the Black Cat Phase 4
Schedule A Trunk by DBSI Tanana Valley, LLC:
M. Change Order No. 5 for the Wastewater Treatment Plant
Expansion Project with JC Constructors, Inc. for $86,236.75:
Meridian City Council
October 23, 2007
Page 6 of 104
O. Independent Contractor Agreement for Demolition of 919 NW
1S Street with Ideal Demolition Services:
P. Approve Contracts for New City Hall Project:
Precision Communications, Inc. dba TTE-PreCom
De Weerd: Item No. 5 is our Consent Agenda.
Zaremba: Madam Mayor, move that we approve the Consent Agenda with the following
changes: Remove Item B to become 7-B. Remove Item K to become 7-K and
resolution C is 07-584. Resolution -- Item D is resolution 07-585. Item E is resolution
07-586. Item F is resolution 07-587. And with that I ask that we approve it and for the
Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: We have a motion and a second. Any discussion? Mr. Berg, will you,
please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department
1. Reimbursement Request for Shepherds Creek Sewer
Extension:
De Weerd: Under Department Reports we will start with our Public Works Department.
Len.
Grady: Madam Mayor, Members of the Council, several -- several weeks ago Council
approved an agreement -- a reimbursement agreement with a group of developers.
They are now requesting a change order for an easement through one of those
properties. This is a little bit odd, because normally Public Works maintains that door
and denies those requests, but they have asked to come to Council to present their
request, so I'd really like to turn it over to Matt and let him present his request.
De Weerd: Well, Len, after he makes his request we will ask what your
recommendation is.