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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. ~`~~NNItU~UNbp ,n /~ ` ?~{'' ~TLL/' • % NOTARY PUBLIC FOR AHO ' t1 OTAR y • : Residing at f~d-~a~_, ,,.,Q ~..~..~ * ' • • • ~ * = Commission Expires: ~ -~ ~ - O _ ~; ~'UBLIC ;' Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN ~~r~~\~ l l0~ l MER/ ~'''~., o~~~T~ 'L .~ o Robert rrie, ayor - SEAL ~~c ~o~ ,~ ~~~ ~o GST ~ s~c ~ ~O `` \~P `~~\\ Attest by William G. Berg, ty Cl ~~''~;~0! TTY , ~.~`~~ 1 ~'~fti;fi (tall\\\\\ Approved By City Council On: 1 a ~ c~rn?~ STATE OF IDAHO, ) ss. 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. ~~•• N S 'V' (SEAL) i ~OT'~'~„~: • ~ ; . ^ ~ , . ~ ~ ^ • Z ~ i • • • • ~r~~~• ~~j~' OFIAp~,T•.'~ Water Main Easement ~ ~~~~ NOTARY PUBLIC FOR IDAHO Residing at:_ ti ~p(,I.Z, Commission Expires: ~ -Z ~S 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. _. i `SOUTH BONITO WAY ~ ~:, ~~ _~~ ._. ~. ~_. .., ~ a ~..._ o ~I ; ±g ~ I~ ! S00 00'00"E ~ ~ ~+ ~ 21.59`. ~ G7 Z c .g ~~ z~ Imo' `"-°o Z~ ~ S0000'00 E _ ~ << 64.33' ~: w _., _w_ _~~._.~ ~ _ .__ ._ ~~__. ~_ i ~ ~~ fV0000~~ w _ _ . _.._ .._~.~.~ ~~.~ I ~. .__ ~~ _ ~ ~ _r .~_~ L ~ ~ I o ~ ~ ~ ~ ~.r I I'T1 ~ ~ ~ p I n E ITl ~ ~ ~ ~ ~ ~ a I Z N~~ ~ I ~ ° #°~ ° ww~ ~ o ooy ~ i ~~ 00 ~ I ~ e ~ I °$ w o z ~ ~ I~ I a • (N ~A~yD U oN ~ ~~ ~~ Z N O ° • I ~hl ~ n1~7~ D ~I"C~ ~ ~ ° ~ V ~ ~ _ ' ` Z ~C ni r n, +~ ~ ~~ i ~~ -~~ I S o0ti0'0~ ~ L -• p ~ Z ~ I ~ 39.29' [I _ ~ c, .......,,... ~ N0000'00 E II ~ n 28.96' ~~ ~ -. N0000'00 W C'~ 20.00' O W r O m 0 rn T~ T• , • , m n -~ ^^Z UJ r O W r m o~ ~~ -p ~ Oz ~m ~ D O~ z m ~~ Om rn z V/ C /~ ~/ V_J O Z m X 2 W T~ W 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 E °~~'t~ ~ ~_ ~~Q3 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 • Page 1