Water Main Easement with A&H Investments for Meridian VillageADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHONe 7 01:38 PM III
I I II II IIII II I I II I II I II I III I III I III
DEPUTY Neava Haney
RECORDED -REQUEST OF 107022425
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this day of ,20�,between ,g� ll�, the parties of the
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, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, malting 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, thea,
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.
Water Main Easement EASNrFWTRMAIN.
1
PM - Ld-5 -
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:
A& H Investments, L.L.C..,�
Member
STATE OF IDAHO
) ss
County of Ada )
On this day of J 6- �" "` `' ��1 , 20U ; before me, the undersigned, a Notary Public in and
for said State, personally appeared 1 �` �S �^ �'^ i ��- , known or identified to me
to be the mom-- , respectively, of the I '" . 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 fist
above written.
Water Main Easement EASMTWTRMAIN
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(SEAL.°' •••• •• y '.
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NOTARY PUBJ IC FOR IDAHO
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Residing at
Commission Expires: _ X' 1
Water Main Easement EASMTWTRMAIN
GRANTEE: CITY OF MERIDIAN
'\WNj%1111 Mill,
Tammy de W7dr#yor
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Attest by William G. Ber ilyqlerk ,� n
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Approved By City Council On:
STATE OF IDAHO,
. ss.
MMIM
County of Ada )
On this day of20 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 fust
above written.
(SEAL)
Water Main Easement
'3
NOTARY PUBLIC FOR IDAHO
Residing at: J t i
Commission Expires: 141-15--11
•_,_
Page 6
rc
Cascade Office
PO Box 188
105 N Main Street
Cascade, Idaho 83611
Office: 208-3824902
Fax: 208-38211902
DATE: 01/11/07
Rennison Fodrea
Engineers • Surveyors • Planners
Legal Description
For
City of Meridian Water Easement
Eat Office
430 E. State St
Suite 140
Eagle, Idaho 83616
Office: 208-938-2440
Fax: 208-938-2441
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 2.60 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 89°3329" E, a distance of 20.00 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 81.34 feet to a point;
Thence a bearing of S 45°20'06" E, a distance of 28.58 feet to a point;
Thence a bearing of S 44°3954" W, a distance of 20.00 feet to a point;
Thence a bearing of N 45°20'06" W, a distance of 36.86 feet to a point;
Thence a bearing of N 00°20'06" W, a distance of 89.89 feet to the POINT OF BEGINNING;
The above described easement contains 2,366 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 . . the surveyor who
prepared that description oNpt LANA
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PROD. NO.: 1818
EXHIBIT "B"
CITY OF MERIDIAN WATER EASEMENT
to 694.13'
a
o I E. FAIRVIEW AVENUE c
o �o $
2 2.60'
S89*33'290E
28 9.75'
20.00' 1000
I N
NOO'20'06"W I Iwo
89.89 u c LOT 1 BLOCK 2
I °; TREASURE VALLEY
I I s m BUSINESS CENTER
I l "`s� LOT 2
N45'20'06'W �, e
36.86' > WI
6
S44'39'54"W N
20.00' g in
N
31 ZI
�1^
PLEASANT i W) SURVEY REFERENCES
VALLEY $ `"
SUB. 1. TREASURE VALLEY BUSINESS CENTER
SUBDIVISION, PAGES 4790-4792 OF
BOOK 53 OF PLATS, RECORDS OF
ADA COUNTY, IDAHO.
I I
S89*33'29"E
290.00'
. LOT 4
m
3
LEGEND
BOUNDARY LINE LOT 1, BLOCK 2
ADJACENT PROPERTY LINE
STREET CENTER LINE
-- — — — — —- EASEMENT UNE
1 FOUND HIGHWAY MONUMENT
O FOUND 5/8 REBAR
O FOUND 1/2" REBAR
WAVER EASEMENT Rennison Fodrea, Inc.
SITUATED IN A PORTION LOT 1, BLOCK 2 TREASURE EWgrinver-s • Surveyors a Planners
VALLEY BUSINESS CENTER, LOCATED IN THE
ra s:,ee
NE 1/4 OF SECTION 8, T. 3 N., R. 1 E., B.M., C1TY OF �,,,,�,
MERIDIAN, ADA COUNTY, IDAHO A anAnow
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-0, 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-0 (Limited
Office District) zones for Ashton 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 A&H
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 Lou Homes by
Precision Craft Log Homes:
Q. Chancre Order No. 1 of Contract with JUB Engineering for
Design of Water & Sewer Improvements in Conjunction with
ACHD Ten Mile, Franklin to Cherry Project for a Cost of
$5,000.00:
Ow- 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 Sodiford Construction,
Inc. for $75,650.80:
T. Task Order #0664 with Civil Survey for Design and
for $15,135.00:
U. Request for Reduction in Sewer Connection Fee for Bili
Lynn's Place at 229 West Franklin Road:
V. Approve Award of Bid / A reement for #CH -07-001 Well
Abandonment to McLeran Well Drillino, LLC not to exceed
$65,000.00:
W. Maintenance Aureement 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 Crossinas for the Bitter Creek
Lift Station and Pipelines with H2 Excavation, Inc. for
$36,713.02:
Z.
AA.
Project with CH2M HILL for $53,100.00:
P.C. for $23,227.00:
with DC Engineering,
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.
r
Meridian City Council
February 6, 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 1'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: ACHD is fine with it and I don't see anything wrong with it. I think its 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?