Water Main Easement with Sundance Investments Limited Partnership for Silverstone Subdivision (2)nur- ~uiirii'r` ~~%uisuEr"s ~, u-iviu riKVrinr"su ~
BOISE IDAHO 02114/03 09:09 AM
DEPUTY Kris Vaughn
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIII
City of Meridian
AMOUNT ,00 103025123
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of p h. , 20~between Sundance Investments Limited
Partnership, the parties ofthe first part, and hereinafter called the Grantors, and the City ofMeridian,
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 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 construction and operation of a water line
and their allied facilities, together with their maintenance, additional co ~nection thereto, repair
and replacement at the onvenience c` *he Grantee, with the free ric~:* of access to s»rh
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, 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 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.
Platinum Point Water Main Easement Page 1 Platinum_Point Water Ease.doc
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: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
l~ `G, .
Chris Anderson
Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited
Partnership
STATE OF IDAHO )
ss
County o:`_Ada )
On this 2~0~` day of ~~ ~,Y v,~~e,,~, 20 ~zbefore me, the undersigned, a Notary
Public in and for said State, personally appeared Chris Anderson, known or identified to me
to be the Vice-President of Sundance Company and Authorized Agent of Sundance
Investments Limited Partnership who subscribed said partnership name to the foregoing
instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
•••.••y~Y PRp~'?'
~ ~4~ G~
Gr ~pTAR1'
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PUBLIC O
.,~~~'~~~P OF 19e,
Y-~~~-
NOTARY P L C FOR IDAHO
Residing at ~~iS-e-~
Commission Expires: ~ 101~:c,C~ ~
Platinum Point Water Main Easement Page 2 Platinum_Point Water Ease.doc
GRANTEE: CITY OF MERIDIAN \```~~,,,,,,,,,,,,~~~~~~
~` tJ `~OP:r^~~ T~ ti ~~~~
c
o rt D. Corrie, Mayor -
SE ~~L
9G ~o`~
Attest by William G. Ber , C y Clerk ~'~•, 9 C „, ~~P~ ~`~~
Approved By City Council On: .ru ~ Nam ~8~. ~~
Platinum Point Water Main Easement Page 3 Platinum Point Water Ease.doc
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702
SURVEYING (ZOS) 3s5-os3s
Fax (208) 385-0696
Project No.: 2509
Date: December 26, 2002
Revised: January 10, 2003
EXHIBIT "A"
DESCRIPTION OF WATER LINE EASEMENT FOR
PLATINUM POINT (25K1 BUILDING IN
SILVERSTONE SUBDIVISION No. 2
A 20.00 foot wide strip of land situated in Lot 9 of Block 11 of Silverstone Subdivision
No. 2 as on file in the Office of the Ada County Recorder, Boise, Idaho, in the NW 1/4 and
the SW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, the
boundaries of said easement being located 10.00 feet on each side of the following
described centerline:
COMMENCING at the Northwest corner of said Lot 9; thence along the North line of
said Lot 9 along the arc of curve to the right having a radius of 973.00 feet, a central angle
of 00°41'04", a length of 11.62 feet and a long chord that bears
North 84°08'29" East 11.62 feet to the POINT OF BEGINNING; thence leaving said
North line
South 09°30'32" East 33.63 feet to a point; thence
South 54°30'32" East 10.55 feet to a point; thence
South 00°07'17" West 256.55 feet to a point; thence
North 89°52'43" West 20.54 feet to the TERMINAL POINT of this easement.
2509-Water-ease.doc - dnm
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EXHIBIT "B"
0 25 so loo PROPOSED WATERLINE EASEMENT
PLATINUM POINT (25K) BUILDING
SCALE IN FEET A PORTION OF LOT 9, BLOCK 11 OF SILVERSTONE SUBDIVISION Na 2
I" = 50'
REV: (/10/03 - SITUATm IN THE NW 1/4 ~ THE SW 1/4, SECTION 21, T.3N., R.tE., 8.~.
>509-water-ease.dwg 01-10-03 16:29:43 dmarks RE-ALIGN WATER ~~~. ADA COUNTY, IDAHD
Meridian City Council Meeting
January 28, 2003
Page 2 of 51
A. Findings of Fact and Conclusions of Law for Approval: CUP 02-
033 Request for a Conditional Use Permit to open a retail shop for
children's gently used clothing, toys, etc. in an O-T zone for Johann
and Rachael Kretzschmar by Johann and Rachael Kretzschmar -
124 East Pine Street:
B. Findings of Fact and Conclusions of Law for Approval: VAR 02-016
Request for a Variance from the Parking Ordinance and Landscape
Ordinance for Johann and Rachael Kretzschmar b y Johann and
Rachael Kretzschmar - 124 East Pine Street:
C. Findings of Fact and Conclusions of Law for Approval: RZ 02-007
Request for a Rezone of 2.83 acres from R-4 to L-O zones for
Meridian First Baptist Church by Meridian First Baptist Church -
428 and 506 West Pine Avenue:
D. Findings of Fact and Conclusions of Law for Approval: RZ 02-006
Request for a Rezone of 0.85 acres from I-L to O-T zones for
Meridian Head Start by Friends of Children and Families, Inc. - 321
and 333 West Broadway Avenue:
E. Findings of Fact and Conclusions of Law for Approval: CUP 02-037
Request for a Conditional Use Permit for a two classroom center
serving young children and families, and a 400 square foot
community meeting room for Meridian Head Start by Friends of
Children and Families, Inc. - 321 and 333 West Broadway Avenue:
F. Development Agreement: AZ 01-018 Request for annexation and
zoning of 85.36 acres from RUT to C-C and C-G zones for
proposed EI Dorado Subdivision by W.H. Moore Company -
southwest corner of East Overland Road and South Eagle Road:
G. Schrammeck Easement Addendum, South Slough Sewer Project:
H. Waterline Easement, Platinum Point Building in Silveistone
Subdivision - Sundance Investments, Inc.:
I. Waterline Easement, Charter High School Medical Arts Building in
Education Campus Subdivision -Joint School District No. 2:
J. Sanitary Sewer Easement, Charter High School Medical Arts
Building in Education Campus Subdivision -Joint School District
No. 2:
K. Agreement for P rofessional Services, Civil Survey Consultants -
ACHD Locust Grove Road (I-84 to Franklin Road):
Meridian City Council Meeting
January 28, 2003
Page 3 of 51
L. Well No. 14 Piping Modifications Bid Award, Star Construction:
M. Contract for Services, Xerox -City Clerk's Office Copier:
N. Finance Report:
Corrie: Item Number 3 is the Consent Agenda. Do we have any changes on the
Consent Agenda or any item on the Consent Agenda you would like to have pulled off?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Consent Agenda and authorize the Mayor to sign
and Clerk attest on any agreements or contracts.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda.
Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
Corrie: All ayes. The Consent Agenda is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports
A. Fire Department:
1. Presentation of Award for Service:
Corrie: The next item is Item Number 4, Department Reports. Fire Department, Chief
Bowers.
Bowers: Mayor Corrie and City Council Members, this is kind of a sad time in our -- in
the history of the Meridian Fire Department. We have a firefighter that has put in many,
many years with the Fire Department, has -- out of 35 years with the department he's
probably only missed maybe f ive nights of training. He's one of the gentlemen that
when I started was able to instruct me in how to drive the fire trucks. I don't know if
that's good or not, but thanks, Bruce, on that part. Also learned how to pump the trucks,
how to park them away from a fire so they don't get blistered and burnt, so right now,
Mayor Corrie and Madam President de Weerd, would you, please, come forward here?
Would Bruce Stewart please come forward? Bruce, we appreciate everything you have