Water Main Easement with Weber, Donald D. for Christian Family MattersADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAHO 03!12104 12:58 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIilllllllllllllllllllllll III
MERIDIAN CITY
AMOUNT .00 14~0~7956
WATER MAIN EASEMENT
THIS INDENTURE, made this 17~` day of December, 2003 between Donald D. Weber
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 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:
(SEE ATTACHED EXHIBIT 1 and 2)
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 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, 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 EASMTWTR
~~~~
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:
~~ ~ ~~~:~
Property Owner
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~ ~ , 20~ before me, the undersigned, a Notary Public in
and for said State, personally appeared ~n Q ~ ,D 1 ~^ r(•~ i2 /'~ and
known or identified to me to be the President and Secretary, respectively, of the
corporation that executed the within 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.
(SEAL)
SUSAN BREKKE
NOTARY PUBLIC
STATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
Water Main Easement
~~
NOTARY P IC FOR IDAH+~~
Residing at ° `
Commission Expires: - O
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i
R ert D. Corrie, Mayor
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Attest by William G. Berg, City Jerk
Approved By City Council On:
6 -o¢-
STATE OF IDAHO,
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County of Ada
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On this ~~`~ day of ~ctn.wa,--y , 200, before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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 EASMTWTR
SHARP & SMITH, INC. ENGINEERS & SURVEYORS
~~~
:NGINEERS 327 NORTH 27TH STREET .BOISE, IDAHO 83702-4797 • AREA CODE 208/344-0676
EXHIBIT 1
A 20 foot water line easement located in the Northwest Quarter of Section 24 Township 3
North Range 1 West Boise Meridian, Ada County, Idaho and more particularly described
as follows:
Commencing at the northwest corner of said Section 24, Thence S89°34'48"E along the
north line of section 24 a distance of 743.95 feet; thence S 0° 25' 12" W a distance of 48.00
feet to a point on the south right of way line of Overland Road to the Real Point of
Beginning;
Thence S 2° 7' 19" E a distance of 621.46 feet;
Thence N 87° 52' 41" E a distance of 29.02 feet;
Thence N 2° 7' 19" W a distance of for 20.00 ;
thence S 87° 52' 41" W a distance of 9.02 feet;
Thence N 2 ° 7' 19" W a distance of 600.57 feet to the south right of way line of
Overland Road;
Thence N 89° 34' 48" W along the said south right of way line a distance of 20.02
feet and back to the point ofbegi>lining .
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Meridian City Council Meeting
January 6, 2004
Page 3 of 24
Planned Unit Development to allow for office uses along Overland
Road and Millennium Way in an L-O zone for proposed Sage Crest
fka Maverick Subdivision by Dirk Marcum and Michael Riggs -
south of East Overland Road on the west side of Millennium Way:
O. Findings of Fact and Conclusions of Law for Approval: CUP
03-056 Request for a Conditional Use Permit for an indoor soccer
center in an existing business park in an I-L zone for Meridian
Soccer Center by Meridian Soccer Property -south of East
Franklin Road, west of South Locust Grove Road on East Piper
Court:
P. Findings of Fact and Conclusions of Law for Approval: CUP
03-053 Request for a Conditional Use Permit for development of a
2,800 square foot bank with drive-thru and future retail tenant with
drive-thru in a C-C zone for Kev Bank by CSHQA -south of East
Overland Road and west of South Eagle Road:
Q. Development Agreement: AZ 03-019 Request for annexation
and zoning of 16 acres from RUT to R-8 zones for proposed
Highgate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
R. Resolution No. 04-417 Moratorium of Solid Waste
Franchises:
S. Water Main Easement for Steve Hill Office /Warehouse:
T. Water Main Easement for Christian Family Matters:
U. Purchase Order for Laser Fiche Up-Grade:
V. Bear Creek Restroom Proiect Extension:
W. Approve Bills:
De Weerd: Okay. Item Number 3 is the Consent Agenda. Is there any discussion? Do
we have a Resolution number for R? Okay. For the record, Resolution Number 04-417
is the item number for item R. Are there any changes? I would accept a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the resolution number being
noted as 04-417.
Meridian City Council Meeting
January 6, 2004
Page 4 of 24
Nary: Second.
De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution
Number 04-417. All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Now a motion on the Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-497, the
resolution.
De Weerd: Do you want anyone to sign and attest?
Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest.
McCandless: Second.
De Weerd: Okay. It's been moved and second to approve the Consent Agenda with
the Resolution Number noted, with the Mayor to sign and Clerk to attest to all
appropriate papers. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4. Department Reports:
De Weerd: Thank you. Okay. Item Number 4. We know there is no department
reports correct?
Powell: Ma'am, I think I will pass tonight.
De Weerd: What a good idea.
Item 5. (Items Moved from Consent Agenda)
De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda.
Item 6. Ordinance No. AZ 03-019 Request for
annexation and zoning of 16 acres from RUT to R-8 zones for proposed
City of Nleridi~, Public Works
Engineering
/nfer~f~ice Memo
FCFT~.~F~I
Ta DEPUTY CITY CLERK BAR ~ 6 2004
F~onie Karie Glenn
~ ~ ;,ty of Meridian.
',tv Clerk nffic~~-
Datae 3/15!2004
Ree Original/.Recorded Dots for Vault
1) Water Main Easement for eve HMI OfF~eJVVarehotrse
2) Water Main Easement for Christian Family Matters
From the ~slc d...
Kane A Calera
Dept. Specialist Supervisor
Put~c Works: Engirre~krg Division
880 E Watertov~ Ste 200
Meridian, Idaho83842-2600
(~) 896-~00
Fax: (208) 898-9551
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