Water Main Easement with Treasure Valley Baptist Church for Church Water PlanADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO
BOISE IDAHO 08131104 08:53 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIII'llll I
Ciry of Meridian 194111 Ef 1 ~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~~day of ~{v y. , 20o'f between Trt~.s~ tab//~~'~~~~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 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 adj acent 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. P ~ ' K
Water Main Easement E .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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of 20~~ efor , the u ers~ ed a Notary Public in
l1 ~~n~ ~d.,~~or said tat e so ally ap .. ed ~ O.~AA~ ~ Q ~ ~ and
(~~i~~1 Q. or identified to me to be ~~ ~~~d t respectively, of the
corporation that executed the within instrument, "rid c cn wledged to a at 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. ~~
J. RO
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Water Main Easement
EASMT WTR.doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
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Attest by William G. Berg, City Jerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
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On this day of ~ k ~ s ~'" , 2004, before me, the undersigned, a
Notary Public in and for said State, personally app ared 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.
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 EASMT WTR.doc
EXHIBIT "A"
A water easement located in a portion of the S1/2 of the SE1/4 of Section 18, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a brass cap monument marking the SE1/4 of Section 18, T.2N., R.IE.,
thence along the South right-of--way line of Overland Road N89°43' 11 "E a distance of
1956.70 feet to a point from which a brass cap monument marking the S W 1 /4 of the
SE1/4 bears N89°43' 11"E a distance of 692.33 feet, then leaving the said South right-of-
way line of Overland Road, thence leaving the said South right-of--way line and
continuing on the East right-of--way line N00°26'47"E a distance of 700.52 feet to a
point, thence S89°33' 13"E a distance of 30.00 feet to the POINT OF BEGINNING;
Thence N00°26'47"E a distance of 20.00 feet to a point;
Thence N89°59'01"E a distance of 13.65 feet to a point;
Thence N00°01'28"E a distance of 61.53 feet to a point;
Thence S90°00'00"E a distance of 254.98 feet to a point;
Thence S00°00'00"E a distance of 15.77 feet to a point;
Thence S90°00'00"E a distance of 15.30 feet to a point;
Thence S00°00'00"E a distance of 24.93 feet to a point;
Thence S90°00'00"W a distance of 15.30 feet to a point;
Thence S00°00'00"W a distance of 32.57 feet to a point;
Thence S90°00'00"E a distance of 111.02 feet to a point;
Thence S00°00'00"E a distance of 20.00 feet to a point;
Thence S90°00'00"W a distance of 131.02 feet to a point;
Thence N00°00' 00"W a distance of 73.28 feet to a point;
Thence N90°00'00"W a distance of 214.99 feet to a point;
Thence S00°01'28"W a distance of 61.53 feet to a point;
Thence S89°59'01"W a distance of 33.80 feet to the POINT OF BEGINNING;
Said easement contains 0.25 acres more or less and is subject to all existing easements
and rights-of--ways of record or implied.
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WATER PLAN FOR
TREASURE VALLEY BAPTIST CHURCH
A PORTION OF THE S1/2 OF THE SE1/4 OF SECTION 18
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2004
GENERAL LEGEND
EXHIBIT "B"
SCALE 1" = 60'
DETAIL FILENAME: P I N N~ C LE DR ~W B BY:
C036346_WTR EASEMENT
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 w. Executive Dr., Suile B, Boise, Idaho
JULY 08 2004 8373 ZRJ
(zoe) ear-~~eo
- - BOUNDARY LINE
- ROAp CENTER LINE
ROAD RIGHT-OF-WAY
- NEW EASEMENT LINE
^ CALCULATED POINT
L P~u~+~+ J
Meridian City Council
August 17, 2004
Page 3 of 40
Item 5: Consent Agenda:
A. Approve Minutes of August 3, 2004 City Council Regular Meeting:
B. Waterline Late Comers Agreement - Debgar, LLC (dba Bodily
RV Center):
C. First Amendment to the Development Agreement: RZ 04-006
Request for a Rezone of 16.1 acres from R-4 to R-8 zone for
Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. -
east of South Eagle Road and north of East Victory Road:
D. Water Main Easement for Treasure Valley Baptist Church:
E. Resolution No. 04-447 :Solid Waste Committee:
F. License Agreement with Nampa Meridian Irrigation District to
construct sewer line within the easement for the Ten Mile
Drain:
G. Personal Services Contract between the City of Meridian and
RIMI. Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
H. Personal Services Contract between the City of Meridian and
Lynd, Inc. to provide plumbing inspection services and plan
reviews for structures constructed within the City of Meridian:
I. Contract for Idaho Community Development Block Grant for
Meridian Senior Center:
De Weerd: Item 5 is the Consent Agenda.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I'd move the approval of the amended Consent Agenda for approval, Items 5-A
through K, including the new additional items, as well as the Mayor to sign, Clerk to
attest on all the proper papers and, again, Resolution No. 04-441.
Wardle: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda. Is there
any further discussion? Mr. Clerk, will you call roll.
Meridian City Council
August 17, 2004
Page 4 of 40
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports: None
De Weerd: Thank you. There are no department reports. No?
Item 7: (Items Moved from Consent Agenda)
De Weerd: Okay. There are no items moved from the Consent Agenda.
Item 8: FP 04-050 Request for Final Plat approval for 6 commercial building lots
on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Roylance
& Associates -east of South Locust Grove Road and south of East
Overland Road:
De Weerd: So, we are at Item 8 for FP 04-050. I will ask Anna to make staff
comments.
Canning: Madam Mayor, Members of the Council, this is a six lot commercial
subdivision. The lot was originally Lot 1, Block 1, of Resolution Subdivision No. 1. They
are now requesting to divide it into six commercial lots or -- yes, six commercial building
lots. They will be served by an internal drive. There are no new roads as part of this
application. They have shown a preliminary layout for building pads and the final plat is
in substantial compliance with the approved preliminary plat. Staff is recommending
approval. I do not have an applicant -- or letter from the applicant at this time.
De Weerd: Okay. Is the applicant here tonight? Do you agree with all of staff
comments? Okay. The applicant agrees with staff comments. Council, do you have
any questions or comments?
Rountree: I have none.
De Weerd: Okay. Thank you. I would entertain a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 8, FP 04-050, Valencia Plaza Subdivision,
including all staff comments.
Wardle: Second.