Water Main Easement with VJ Joint Venture for Porky Park No. 2
~DA COlltlTY RECORDER J, DAVID NAVA'RRO
BOllE IDAHO 10/19/06 02:31 PM
DEPUTY Mi AlIlII
REC~DED-REQUEST OF
City 01 Meridillll
AMOUNT
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106165916
WATER MAIN EASEMENT
THIS INDENTURE, made this 22ND da'yof SEPTEMBER, 2006 between VJ JOINT VENTURE , the
parties of the fIrst part, and hereinafter called the Grantors, and the City ofMlridian, 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
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WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
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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 iood
and valuable consideration, the Grantors do hereby give, grant and cQnvey unto the Grantee the right-
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of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE A IT ACHED 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.
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TO HAVE AN]) 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, making repairs, performms 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.
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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 aaree 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.
Water Main Easement
EASMT WTR MAIN
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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 ofland, 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.
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STAVE OF IDAHO)
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County of Ada )
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On this
IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year
fIst above written.
Water Main Easement
EASMT WTR MAIN
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OF MERIDIAN
STATE OF IDAHO, )
ss.
County of Ada )
On this of. ~ 8""""_,,,,,__,,,,... "" ~,,~efore me, the undersigned, a
Notary Public in and for said State, per~~-;~d TAMMY~ERD 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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Water Main Easement
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S@p 22 2006 8:39AM MUNGER ENGINEERING, INC.
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Sitptember 20, 2OQ6
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WATER MAIN EXTENSION
PORKY PARK SUBDIVISION NO.1
EASEMEN1~ DESCRIPTION
A 20 f~t wide strip of land being a portion of lots 1 and 2, Block 2 of Porky
Park Subdivision No.2 filed in book 96 of plats at page 11881, Ada CO\mty
Record.$, and locattdin tilt North 1/2 oft.tJt South 1/2 of Section 9, T.3N.,
R,lE., B.M.. Meridian, Ada CountY7 Idaho, and being mOI'l particularly
descrilel as follows:
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Commenc1ng at Northeast comer of said Lot I, Block 2 of Porky Park
Subdivision No.2,
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tblmce N 89010'47"E alongthi North boundary ofseid Lot 2, Bloc.k 2 of
Porky Park Subdivision No.2 for a distaooc of7.92 feet to tbe REAL
poINT OF BEGINNING of'sa1d 20 foot wide strip of1~ lying 10 fe.t
left and 10 feet right of the following ~ribcd centerline:
~ thence leaving said North boundary S 90049'13" E for a distance of77.9"1
feet;
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thence S 89010'47" W for a distance of9.04 feet to a point on the East
boundary of soid Lot 1; (tOJe
PrOIp~d by: Todd R. Waite P.L.S.
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ItIeridian City Council
October 3, 2006
Page 4 of 54
N. Blood Draw AQreement with Ada County EmerQency Medical
Services:
0, AQreement for Professional Services for P,olYQraph
Mentorship, Education and TraininQ Services with Idaho
Polygraph Association:
P. Approve ICRMP Insurance Renewal with Joint Powers
Subscriber Agreement:
Q. AQreement for Professional Services with Civil Survey
Consultants, Inc. for Construction Staking for Water and
Sewer Improvements Associated with the ACHD Eagle Road,
Victory to Ridenbaugh Canal Project:
.
R.
License AQreement with Nampa Meridian IrriQation District for
Windham Place:
S.
Resolution No, 06-534 Destruction of Temporary
Records - Old Finance Documents:
T.
StreetliQht AQreement for KinQsbridQe Subdivision No.1 by
Kingsbridge Properties, LLC:
..-
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Water Main Easement AQreement for Schumacher BuildinQ by
VJ Joint Venture:
V.
Employee Benefits Client Service AQreement with Mercer
Health & Benefits:
De Weerd: Item 5 under the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes Item S, resolution
number 06-534 and as printed for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
Meridian City Council
October 3, 2006
Page 5 of 54
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports
A. Planning Department - Craig Hood.
1, Discussion of Possible Annexation and Sewer
Connection into the City of Meridian at 1035 East
Fairview Avenue by Kandy Sealy:
De Weerd: Thank you. Under Item 6, Department Reports, we will start tonight with the
planning department. I don't think that's Anna, but nice to see you, Caleb.
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Hood: Thank you, Madam Mayor, Members of the Council. The department report
that's on the agenda this evening has to do with a potential annexation into the city
where services -- specifically sewer service is not currently available to the site. The
site in question is on the screen there. It's kind of hard to see. It is a smaller parcel. It
is in the county. It is surrounded by city properties, but, again, services are not provided
to those properties and so this parcel cannot be serviced at this time. There are some
projects in the works where we think that services will be available to this property in the
near future, we just wanted to get your -- a feel for if you would consider annexing this
property, realizing that services are not available at the time the annexation request
would occur. So, what's not on the table is discussion of development of this site, but
just whether or not you would cOr)sider an annexation request of the subject site without
services. So, I will stand for any questions you may have.
De Weerd: Okay. Thanks, Caleb. I do know that Kandy is here with us tonight, too.
Council, if you have any questions. Kandy, do you have anything you want to add or --
sorry to make you walk into the light.
Sealy: I'm Kandy Sealy, 1035 East Fairview, Meridian. The only thing I wanted to tell --
may give you a little background of why ~t's happening the way it is, is back in March I
had come to Planning and Zoning and thought that I was already a Meridian property,
because my property already has water from the city. Come to find out the county said
that I was and you guys say that I wasn't, so I had to do some research and it came out
to be that I wasn't. So, at the time I had my pre-meeting I was told that I could not
annex if I could not connect to sewer, so I did not have sewer available, so
automatically I went to the county and tried to take may process through that. Six
months later I come to find out that they are going to ship me back here to abide by
whatever rules you guys have being that a development agreement I made with the
health department says that I need to annex and connect to sewer within a year, which
should put me back into all the rules and regulations of the city, which I wish that's
where I started from. So, that's why we are asking now to be able to have some kind of
partial approval that I would be able to annex, so that the health department would allow
me to get my food license and I could continue on. If it's something you guys would