Water Main Easement with Kimball Properties Limited Partnership for Bonito SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAH011105103 08:54 AM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
MERIDIAN CITY i ~U i 57~~~
AMUUNT .00
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of~_ f~~,~2003, between Kimball Properties Limited
Partnership, 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 theright-
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 andright-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, 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
effect and shall be completely relinquished.
Water Main Easement EASMT WTR.doc
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:
Winston H. ore, p ne
STATE OF IDAHO )
ss
County of Ada )
On this Jd ~ day of Bed `j ~ ,~ , 2003, before me, the undersigned, a Notary Public in and
for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of
Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he
executed the within instrument on behalf of said partnership and that said partnership 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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Water Main Easement EASMT WTR.doc
GRANTEE: CITY OF MERIDIAN ~~r~~\~ l l0~ l MER/ ~'''~.,
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Robert rrie, ayor - SEAL
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Attest by William G. Berg, ty Cl ~~''~;~0! TTY , ~.~`~~
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Approved By City Council On: 1 a ~ c~rn?~
STATE OF IDAHO, )
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County of Ada )
On this 3 ~ day of ~GTO~~ , 2003, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~ and WILLIAM G. BERG,
JR., known to me to be th~ an~ia~ Clerk, respective y, o e~ity o eridian, Idaho, and who
executed the within instrume t, an ac~Cno°~'`w el`"~ged 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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NOTARY PUBLIC FOR IDAHO
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EASMT WTR.doc
EXHIBIT A
WATER MAIN EASEMENT
A water main easement located in the East '/2 of Sectiori 20, Township 3 North, Range 1
East, Boise Meridian, Ada County. Said easement crosses Lot 5, Block 4 of the Bonito
Subdivision, recorded as instrument number 103142839 in the office of the Ada County
Recorder on August 22, 2003, in Book 86 of Plats at pages 9783 through 9788. Said
easement is more particularly described as follows:
Commencing at the northwest corner of said Lot 5 thence, 125.34 feet along the western
boundary of Lot 5 along a curve to the right, said curve having a radius of 2037.00', a
delta angle of 3°31'32", and a long chord bearing South 2°21'21" East 125.32 feet to the
POINT OF BEGINNING; thence, continuing along the western boundary of said Lot 5
Along a curve to the right 20.00 feet, said curve having a radius of 2037.00 feet, a delta
angle of 0°33'45" and a long chord bearing South 00°18'42" East 20.00 feet;
thence
North 90°00'00" East 66.06 feet; thence,
North 00°00'00" East 85.93 feet; thence,
South 90°00'00" East 163.80 feet; thence,
North 00°00'00" East 28.96 feet; thence,
South 90°00'00" East 5.00 feet; thence,
North 00°00'00" East 20.00 feet; thence,
North 90°00'00" West 5.00 feet; thence,
North 00°00'00" West 10.33 feet to a point on the northern boundary of said Lot 5;
thence, along said northern boundary
North 90°00'00" West 20.00 feet; thence departing from said northern boundary
South 00°00'00" East 39.29 feet; thence,
North 90°00'00" West 163.80 feet; thence,
South 00°00'00" East 64.33 feet; thence,
South 90°00'00" West 19.73 feet; thence,
South 00°00'00" East 21.59 feet; thence,
North 90°00'00" West 26.44 feet to the POINT OF BEGINNING.
Said parcel contains approximately 7,628 feet, more or less, and is subject to all existing
easements of record or use.
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Meridian City Council Meeting October 21 2003
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, October 21, 2003, by Council President Tammy de Weerd.
Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless.
Members Absent: Mayor Robert Corrie.
Others Present: Bill Nichols, Sharon Smith, Anna Powell, Brad Watson, Brad Hawkins-
Clark, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
O Robert Corrie
De Weerd: Okay. I will go ahead and call the regular meeting of October 21St, 2003, to
order. We'd like to welcome you all here and ask the Deputy Clerk to call roll. I'm sorry,
Sharon. I was ahead of you.
Smith: That's okay. I'm ready.
Item 2: Adoption of the Agenda:
De Weerd: Thank you. Okay. Item two, adoption of the agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I don't believe we have any changes on the agenda tonight, so I would move that
we adopt the agenda as published.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as published.
All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Approve minutes of October 7, 2003 Pre-Council Meeting
Meridian City Council
October 21, 2003
Page 2 of 68
B. Tabled from October 14, 2003: Resolution No.
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
C. Tabled from October 14, 2003: October 2003 Addendum to
Development Agreement Correcting the legal description for
AZ 00-026 Bear Creek Subdivision No. 6 (fka /approved as
Kodiak Development):
D. Findings of Fact and Conclusions of Law for Approval: VAC
03-005 Request to vacate 29 feet of right of way along the
alignment of Venable Lane for Cedar Springs No. 3 by Howell
Murdoch Development, Corp. -west of North Meridian Road and
north of West Ustick Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
03-038 Request for a Conditional Use Permit for a tri-plex in an R-
15zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 '/2
Street:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-040 Request fora Conditional Use Permit fora Planned
Development for shell and core for multi-floor medical office
building in an L-O zone for Meadow Lake Village Medical Office
by Hummel Architects, P.A. -east of North Eagle Road and south
of East Franklin Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-
017 Request for annexation and zoning of 6.00 acres from RUT to
R-4 zones for proposed Parkwav Subdivision by Six Point
Development, LLC - 355 West Ustick Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-
022 Request for Preliminary Plat approval of 14 building lots and 3
other lots on 6.00 acres in a proposed R-4 zone for proposed
Parkwav Subdivision by Six Point Development, LLC - 355 West
Ustick Road:
I. Development Agreement: AZ 03-016 Request for annexation
and zoning of 80.51 acres from R-1 to C-G zones for proposed
Silverstone Business Campus by Sundance Investments -
southeast corner of East Overland Road and South Eagle Road:
J. Development Agreement: AZ 03-014 Request for annexation
and zoning of 33.25 acres from RUT to R-8 zones for proposed
Meridian City Council
October 21, 2003
Page 3 of 68
Tuscany Village by Tuscany Development, Inc. -south of East
Victory Road and west of South Locust Grove Road:
K. Development Agreement: AZ 03-013 Request for annexation
and zoning of 79.77 acres from RUT to R-8, C-G and L-O zones for
proposed Kelly Creek Subdivision by Kevin Howell Construction -
northwest corner of North Linder Road and West McMillan Road:
L. Water Main Easement for the Sonoma Square Building in
Bonito Subdivision - Kimball Properties Limited:
M. Acknowledgement of Judges and Clerks for November 4, 2003
General Election as submitted by Elections Coordinator Lova
June Pack:
De Weerd: Item three is the Consent Agenda. Please note on item B, the resolution
number is 03-415.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I'd move that we approve the Consent Agenda, including resolution number 03-
415 and for the President of the Council to sign and the Clerk to -- Deputy Clerk to
attest all papers that need be.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as stated. Or
Consent Agenda. Mrs. Deputy Clerk -- Sharon, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 4: Department Reports:
De Weerd: Okay. Item four does not show any department reports. Are there any?
Item 5: (Items Moved from Consent Agenda)
De Weerd: Okay. We did not move any items from the Consent Agenda for item five.
Item 6: Continued from October 14, 2003: Ordinance No.
Amending Ordinance 03-1033 Correcting the legal description for AZ
City aF Meridian, Puhiic Works
/nferOffice Memo
T~ Sharon Smith
Fr+a~ Karie Glenn
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cc:
Da~ee 11 /5/2003
Re. Origins! f Recorded I]ocs for Vault
i '~ I~~~ ~v 4 ~"iii' iY.
~ r~
1) Water Main Easement for Sonoma Square Building in Bonito Subd (Kimball Properties}
From the desk of...
Karie A Glenn
Dept Specialist Supervisor
public Works: €ngineering Divlslon
660 E Watertower Ste 200
Meridian, Idaho83642-2600
(208) 898-5500
Fax: (208) 898-9551
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