Water Main Easement with Blue Marlin Investments, LLC for CentrePointe Subdivision
City of Meridian, PUblic WodU5
engtneerins
InterOffice Memo
TOI' Tara Green
...... Kane Gtenn
CC:
Di\IMII 1211412.006
.. Origina' I Recorded {)oCS for: Vault
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Blue Marlin
'nvestments
centerpointe Sub P'
connection easement
106194344 12114/2006 WATER
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(208) 896-5600
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~D~ COUNTY RECORDEft J. DAVID NAYmRO AMOUNT .01 5
~OISE IDAHO 1211&186 01:4'1 PI
il ~~~~~E~:~:8~ST OF 1111111111111111111111111111111111111
City 01 fI8rIdian 106194344
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WATER MAIN EASEMENT
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1HIS INDENfURE, made this ~ day ofNovcmbar, 2006 between Blue Marlin Investments, LLC,
the parties of the first part, and hereinafter called the Grantors, and the City ofMeridim, Ada County, Idaho,
'" the party of the second part, and hereinafter called the Grantee; ."
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WITNESSETH: '.
WHEREAS, the Grantors desix. to provide a water main right-of-way across the premises and
property hereinafter particularly boundGd 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;
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NOW, TIIEREFORE, in consideration oftht btnefits to be receivep by the Grantors, and other j@
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:
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(SEE ATTACHED EXHIBIT A and B)
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The easement hereby grantal. 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 acoess to such facilitiE at any and all tinJs.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assijIls forever.
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IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betw~en the parties her~o, 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 acent property to that existent prior to
undertakina such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairina, 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, brosh, or pl:rlll1I1ial shrubs or flowers within the area described for this
!,; easement, which would interfere with the use of said easement, for the purposes stated herein.
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THE GRANTORS here~ 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 ~xteht, 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. ;;:
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Water Main Easement
Cross ConndCt.doc
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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 pprsons whomsoev;r.
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IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
STATE OF IDAHO )
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County of Ada )
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On day of November, 2006, before me, the undersigned, a Notary Public in and for said
State, personally appearea Winston H. Moore. known or identified to me to be the Manager of Blue
Marlin Investments, an Idaho Limited Liability Company who executed this instrument on behalf 6f
said Limited Liability Company, and acknowledged to me that said 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.
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GRANTEE: CITY OF MERIDIAN '___'mm
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STATE OF IDAHO, )
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County of Ada )
On this g-{h' day 2006, befor~ 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.
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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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Ii November 13, 2006
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Con 5 u It i n g, Inc.
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EXHmIT A
~ WATER LINE EASEMENT
CENTREPOINTE SUBDIVISION
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A water line easement situated in the Southeast ~ of Section 32, Township 4 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast comer of said Section 32; thence along the South line of said Section
III North 89044'39" West 257.71 feet, thence leaving said South line NOrth 00015'21" East 44.00 feet
to the North Right-Of-Way line of East Ustick Road, thence North 08051 '38" East 36.70 feet to the
POINT OF BEGINNINq; thence ;:<
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North 00000'00" East 14.76 feet, thence
South 90000'00" East 20.00 feet, thence
~outh 00000'00" West 14.76 feet, thence
North 90000'00" West 20.00 feet to the POINT OF BEGINNING.
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"Said easement contains 295 square feet and is subject to easements of record and use.
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,1904 W. Overland · Boise, ID 83705 . Phone (208) 342-Q091 · Fax (208) 342-0092 · Email: quadrant@quadranf.cc
Civil EngineerinQ. · Survey~ng · Construction ManaQement
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UoIlIdian Cty Counc:il
o.eeml:l<< 5, 2006
P.'3 ot29
acres in a proposed C-G zone for Creamline Park: !iubdivision by
Creamline Associates, LLC - 1200 West Franklin Road:
~ater Main Ea5emant AareeR'llillnt for CantrapOinte ~ubdivision
._.1 PI Connectioo by Blue Marlin Investments, LLC:
F. SHP 06..010 Request for a Short Plat to Create 2 Commercial
building lots on 2.61 acres in a C-G zone for Halker Subdivi.ion
by Hawkins Companies - 3150 West Cherry Lane:
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G. Approve BId for Water and Sewer Improvemen~ in
Coniunction \Yith ACHD Overland. Linder to Meridian Road
Proiect:
I. APprove Contract for Jericho PRY In.tanation with Star
Construction for $79,919.00:
J. A rove' m of UndenBtandin WIth Meridian Rural
Fire- Protection District for Modification of the Method used to
determine the Contract Service pee and th. Capital Outlay
Expenditure for 2OO6l2007 Fiscal Year:
K. Invoices for New City Hall Projeet for
Ideal Demolition Service. Invoice No. 0601238 for
/$219,408.20:
Petra, Inc. Application No. 001 CM Fee t57,4OO
Petra, Inc. Application N~. 001 CM Reimbursable
t7,001.67 "
Anvil Fence Compan, Invoice No. 15289 for 1999.60
De Weerd: Okay. Item No.5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, item H, the contract with Owyhee Construction has been
asked to be pulled until December 12th, 2(X)6. And with that I move that we approve the
rest of the Consent Agenda aAd for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as - or Consent
Agenda as chang8d. If there is no discussion, Mr. Berg, will you call roll.
lMoOOiwl Clt.y COUMiI
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PW;4- of 29
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6:
DepartrMnt Rsports:
A. Planning Department
1. Blueprint for Good Growth Update:
De Weard: Okay. Under six, Department Reports. Anna.
Canning: Madam Mayor, Members of the Council, I felt it important to give you an
update an the Blueprint For Good Growth pr~ss and document at this point, because
I need some direction. Generally in the past I have been fairly comfortable about where
the city leaders would want to take the city with re,;)ard to this, so I haven't come to you
very often, but I need your help. To give you a little bit of background, the consortium,
wfiich is kind of the representatiGf'l by the elected bodies for Blueprint For Good GrCMlth,
has conceptually approved the Blueprint For Good Growth document, the plan as it
were, and at that meeting each mayor promised to not annex outside a 20 year area of
city impact and -this was a very important component of that approval or that - working
together, that not annexing into someone else's territory or what's peiceivGd as their
future areas of growth was very important and everyone reoognized, though, that you
would need a 20 year area of city impact, which we currently don't have. We have about
a ten or five year area of city impact. In addition to that, each of the electQd officials
expressed support fq the plan and in moving fOlWard and eSp8Cially they all agreed
that there is a need to" fix the way that \\Ie do the area of city impact negotiation process.
Both the county and each mayor agreed that it was a broken system and needed to be
fixed and agreed that that may need to incllllde fixes in the state cOIle as well. So, that
kind of ended the first phase of Blueprint For Good Growth and from that phase we
move fOlWard into the implementation J!)hase. And, again, this implementation phase
has always been my focus, because I want the growth management ordinances, the
concurrent ordinances, things like that. So, that's been my focus and what I wanted to
get out of this and making sure that the plan as it moved fOlWard accommodated that.
Then, about a month ago Dr. Freilich produced two documents, both without - one with
regard to the area of city impact process and one with regard to an intergovernmental
agreement for the specifics of the implementation phase. And I'd like to talk about the
area of city impact negotiation one first. This document was produced without talking to
the cities in a special - you know, getting the cities together, getting the county together
or anything, it just ShCNded up. It completely missed the mark. I can't tell yCIJ how
disappointed I was and I actually just got to about the first half of page and quit reading,
because it was so far off the mark. It didn't address a single one of the issues that any
of us had raised and, in fact, it asked the city to give up what power it has now. It asked
you to give up your ability to annex property, whether or not it's inside an area of city
impact, to give that up, to say, 110, we will leave it to the county. So, in retl!l"n for giving
that up, all we got was a more bureaucratic process, not less bureaucratic. It didn't fix a