Water Main Easement with Western Ada Recreation District for Fuller ParkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 08/28108 10:56 AM
DEPUTY Lisa Irby III I'IIIIIIII'IIII'IIIIIIIIII'IIIIIII
RECORDED—REQUEST OF 108097653
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this la— day ofCA , 24 between Western Ada Recreation District, the
parties of the first part, and hereinafter called the G ntors, 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 grantor; and
WHEREAS, it will be necessary to maintain and service 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 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 operation of a water line and their allied facilities,
together with their maintenance, 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
making repairs or performing other maintenance to the water line, 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 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
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 of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
IZ1161�M-r��
President
Secretary '
STATE OF IDAHO
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County of Ada )
On this 211"- day of A e; L , 2068 , before me, the undersigned, a Notary Public in
and for said State, personally appeared CJA,.- 1 I Z rro . 2 £f -, ., S r, , f F, and
known or identified to me to be the President and Secretary, respectively, of the
Western Ada Recreation District that executed the within instrument, and acknowledged to me that
such District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
MAR
AL NOTARY PUBLIC FOR IDAHO
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayo
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Attest by Jay4le Holman, City ClerkiAL
Approved By City Council On:
COUNT -4
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STATE OF IDAHO,
. ss.
County of Ada
On this �day of L- �S`} , 20 U, before me, the undersigned, a
Notary Public in and for said State, personally app ed TAMMY DE WEERD and JAYCEE H
OLMAN,
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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(SEAL) : •54,� O *% ARY PUBLIC FOR IDAHO
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EXHIBIT A
WATER MAIN EASEMENT
A twenty -foot wide water main easement lying in the N1/2 of Section 10, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being 10 feet
either side of the following described centerline:
Commencing at a 5/8 inch steel pin marking the most westerly corner of lot 37, block 1,
of Rod's Parkside Creek Subdivision No. 3. as recorded in Ada County, Idaho; thence
5.77039'35"E. 56.74 feet along the south line of lot 37 and 38 block I to the POINT OF
BEGINNING of said easement centerline;
Thence along the said centerline of said easement the following courses and distances:
5.40035'53"W. 2.76 feet to a point;
S.1,0015'48" W. 78.06 feet to a point;
5.34044'12"E. 15.61 feet to a point;
5.79044'12"E. 373.63 feet to a POINT OF ENDING of said centerline.
Also:
Said easement also includes all of lot 38, block 1 of said Rod's Parkside Creek
Subdivision No. 3.
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Meridian City Council
August 12, 2008
Page 4 of 52
Item 6: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 08-
006 Request for Annexation and Zoning of 0.92 of an acre from R1
to an R-2 zone for Alter Property by Denise Alter — 2741 East
Leslie Drive:
B. Findings of Fact and Conclusions of Law for Approval: SHP
08-006 Request for Short Plat to create 4 office condominiums in
an existing building on 1 commercial building lot on 0.66 of an acre
in an I -L zone for North hickory Condominium by Hickory Land
Partners, LLC — 1020 North Hickory Avenue:
C. Sanitary Sewer and Water Easement Agreement for Three
Corners Subdivision by David & Luane Dean:
D. Addendum to Development Agreement: MI 08-005 Request for
a Miscellaneous application to amend the existing Development
Agreement to allow the construction of the four eight-plexes prior to
the construction of the Pine/Ten Mile Intersection for Sommersbv
Subdivision by Liberty Partners, Inc. — Northeast Corner of West
Pine Avenue and North Ten Mile Road:
E. Change Order No. 2 with K2 Construction for Water Division
Phase 2 Project for $5,069.95:
F. Water Main Easement Agreement for Fuller Park by Western
Ada Recreation District: Approve
G. Buss Mechanical Change Order No. 3 for Additional Work to
Existing Contract for a Not to Exceed Amount of $10,068.00:
Request to Withdraw from Keith Watts
H. Directive Approval for Weed Abatement, 1528, 1516, and 1440
West Cherry Lane: Request to Withdraw
I. Approval of TRS Range Services -Contract Addendum for
Revisions for Preliminary Indoor Range Design for $3,000.00:
De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No.
6 is our Consent Agenda.
Zaremba: Madam Mayor?
Meridian City Council
August 12, 2008
Page 5 of 52
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda I would remind everybody that Items G and H have
been withdrawn. I would also restate for the record that on item E that the change order
with K2 Construction for an amount not to exceed $5,069.95. Item I is a service
contract addendum with TRS Range for an amount not to exceed 3,000 dollars. And
with that I would move that we approve the Consent Agenda and for the Mayor to sign
and the Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
amended. Madam Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Before we move into the Department Reports, if any of the members from
the public are here for Items 10, 11 or 12, they are requested to continue because of
posting or other reasons. So, we apologize if you're here tonight for any of those items.
Are any of you here for any of those items, if you will raise your hand. Okay. Well,
good. Then, I don't have to apologize. They were not signed, so we do have to
continue them.
Item 7: Department Reports:
A. Sanitary Service Department:
1. Update about Annual CPI Rate Adjustment:
De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary
Services and ask Steve to come forward.
Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet
you have a memo, dated August 12th from me, regarding our standard annual rate
increase. And the rate increase is tied to our contract. One of the difficulties or issues
that we need to talk about tonight is the county land fill rates. I have assumed in this
memorandum, since I have heard that the rates will be going up October 1st,
unfortunately, the commissioners have not published what the rates will be, but I must
come to you on a certain schedule to hit my timelines to be effective October 1st, in
case we need to go to a public hearing. So, I need your guidance on this issue, I guess.
What I have heard is the land fill fees will go up at least 25 percent, but most likely 50
percent.