Water Main Easement with Buffalo Hump, LLC for Waltman Court SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 24.00 1
~, ~ ~ . BOISE IDAHO 07127105 04:30 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF II
Buffalo Hump LLC. 14~510304~
WATER MAIN EASEMENT
THIS INDENTURE, made this Lua~day of 31~ L , 2005 between Buffalo Hump, LLC, the
parties of the first part, and hereinafter called the Granto ,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, B, C, D, & E)
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 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.
r1
GRANTOR:
Buffalo Hump, LLC
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Shane Mace
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STATE OF IDAHO )
ss
County of Ada )
On this ~ day of 1Y~,~ , 205, before me, the undersigned, a Notary Public in
and for said State, personally appeared S 1-~o..r~~ Q • Yr-P~.c~_, 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.
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NOTARY PUBLIC FOR IDAHO
Residing at `x'10 cSZ.cSt
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EASMT WTR.doc
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GRANTEE: CITY OF MERIDIAN
Tammy d eer , ayor
Attest by William G. Berg, City
Approved By City Council On:
STATE OF IDAHO,
County of Ada
ss.
On this ~~ f~day of ~ k. ~ y , 20 O S ,before me, the undersigned, a
Notary Public in and for said State, personally appeared 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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EASMT WTR.doc
WALTMAN COURT SUBDIVISION
WATER MAIN EASEMENTS
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LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
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FOUND BRASS CAP MONUMENT
- SECTION UNE/CENTER UNE
- ~ ~ - - - - EASEMENT UNE
BOUNDARY UNE
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Boundary Description
Waltman Court Subdivision
Water Main Easement # i
A water main easement located in the SW %4 of the NE %4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer
of said SW % of -the NE '/. (Center '/. Comer), from which a brass cap
monument marking the southeasterly corner of the NE %4 of said Section 13 ('/.
Comer) bears S 89°52'22" E a distance of 2642.81 feet;
Thence S 89°52'22" E along the southerly boundary of said SW '/4 of the NE '/4
a distance of 1321.57 feet to a point marking the southeasterly comer of said
SW'/ of the NE %;
Thence N 0°13'29" E along the easterly boundary of said SW'/. of the NE %. a
distance of 25.00 feet to a point;
Thence continuing along said easterly boundary N 0°13'29" E a distance of
635.01 feet to a point;
Thence leaving said easterly boundary S 89°33'18" W a distance of 164.38 feet
to the POINT OF BEGINNING;
Thence S 0°14'07" E a distance of 20.00 feet to a point;
Thence S 89°33'18" W a distance of 20.00 feet to a point;
Thence N 0°14'07" W a distance of 20.00 feet to a point;
Thence N 89°33'18" E a distance of 20.00 feet to the POINT OF BEGINNING;
This parcel contains 400.00 square feet (0.01 acres) and is subject to any other
easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, P.C.
February 22, 2005
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Boundary Description
Waltman Court Subdivision
Water Main Easement #2
A water main easement locafied in the SW '/. of the NE % of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer
of said SW %. of the NE % (Center '/. Comer), from which a brass cap
monument marking the southeasterly comer of the NE '/. of said Section 13 ('/.
Comer) bears S 89°52'22" E a distance of 2642.81 feet;
Thence S 89°52'22" E along the southerly boundary of said SW'/. of the NE
a distance of 1321.57 feet to a point marking the southeasterly corner of said
SW'/4 of the NE'/4;
Thence N 0°13'29" E along the easterly boundary of said SW %4 of the NE %4 a
distance of 25.00 feet to a point;
Thence continuing along said easterly boundary N 0°13'29" E a distance of
689.01 feet to a point;
Thence leaving said easterly boundary S 89°33'18" W a distance of 164.82 feet
to the POINT OF BEGINNING;
Thence continuing S 89°33'18" W a distance of 20.00 feet to a point;
Thence N 0°14'07" W a distance of 20.00 feet to a point;
Thence N 89°33'18" E a distance of 20.00 feet to a point;
Thence S 0°14'07" E a distance of 20.00 feet to the POINT OF BEGINNING;
This parcel contains 400.00 square feet (0.01 acres) and is subject to any other
easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, P.C.
February 22, 2005
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Boundary Description
Waltman Court Subdivision
Water Main Easement #3
A water main easement located in the SW '/4 of the NE %4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer
of said SW '/. of the NE % (Center %4 Comer), from which a brass cap
monument marking the southeasterly comer of the NE '/. of said Section 13 (%
Comer) bears S 89°52'22" E a distance of 2642.81 feet;
Thence S 89°52'22" E along the southerly boundary of said SW %. of the NE '/4
a distance of 1321.57 feet to a point marking the southeasterly comer of said
SW'/4 of the NE %;
Thence N 0°13'29" E along the easterly boundary of said SW '/ of the NE %4 a
distance of 25.00 feet to a point;
Thence continuing along said easterly boundary N 0°13'29" E a distance of
635.01 feet to a point;
Thence leaving said easterly boundary S 89°33'18" W a distance of 241.34 feet
to the POINT OF BEGINNING;
Thence S 0° 14'07" E a distance of 20.00 feet to a point;
Thence S 89°33'18" W a distance of 20.00 feet to a point;
Thence N 0°14'07" W a distance of 20.00 feet to a point;
Thence N 89°33'18" E a distance of 20.00 feet to the POINT OF BEGINNING;
This parcel contains 400.00 square feet (0.01 acres) and is subject to any other
easements existing or in use.
C{inton W. Hansen, PLS
Land Solutions, P.C.
February 22, 2005
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Boundary Description
Waltman Court Subdivision
Water Main Easement #4
A water main easement located in the SW '/. of the NE %4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer
of said SW '/ of the NE '/4 (Center %4 Comer), from which a brass cap
monument marking the southeasterly comer of the NE %4 of said Section 13 (%.
Comer) bears S 89°52'22" E a distance of 2642.81 feet;
Thence S 89°52'22" E along the southerly boundary of said SW %4 of the NE %4
a distance of 1321.57 feet to a point marking the southeasterly comer of said
SW % of the NE'/;
Thence N 0°13'29" E along the easterly boundary of said SW %a of the NE '/a a
distance of 25.00 feet to a point;
Thence leaving said easterly boundary N 89°52'22" W a distance of 117.24 feet
to a point on the easterly bank of Ten Mile Drain;
Thence N 30°08'45" W alon said easterl bank a distance of 336.83 feet to a
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point;
Thence continuing along said easterly bank N 62°02'20" W a distance of 404.52
feet to a point;
Thence leaving said easterly bank N 38°00'13" E a distance of 55.72 feet to a
point;
Thence a distance of 81.39 feet along the arc of a 278.00 foot radius curve
right, said curve having a central angle of 16°46'28" and a long chord bearing
N 46°23'27" E a distance of 81.10 feet to the POINT OF BEGINNING;
Thence a distance of 20.01 feet along the arc of a 278.00 foot radius curve
right, said curve having a central angle of 4°07'26" and a long chord bearing
N 56°50'24" E a distance of 20.00 feet to a point;
Thence S 34°24'57" E a distance of 35.07 feet to a point;
Thence S 55°35'03" W a distance of 20.00 feet to a point;
Thence N 34°24'57" W a distance of 35.50 feet to the POINT OF BEGINNING;
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Meridian City Council
July 26, 2005
Page 2 of 72
relationships, broken hearts, broken homes, God, that you would do a mighty work in
this city and bring healing and wholeness to people's lives. And, God, we thank you for
the many city officials. The police and the fire and everybody, God, that you have
appointed to serve this city. We just pray a blessing on this meeting, that we have great
communication and may we further your kingdom because of this meeting tonight.
Amen.
Item 4: Adoption of the Agenda:
De Weerd: I do have some City of Meridian pins for you, too. Okay. Item No. 4 is
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H
and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular
agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with
that I move we adopt the revised agenda.
Rountree: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of June 21, 2005 City Council Regular Meeting:
B. Approve Minutes of June 7, 2005 City Council Regular Meeting:
C. Approve Minutes of June 28, 2005 City Council Regular Meeting:
D. Findings of Fact and Conclusions of Law for Approval: AZ 05-
007 Request for Annexation and Zoning of 43.18 acres from RUT
to R-8 zone for Bellingham Park Subdivision by Gemstar
Development, LLC -north of Amity Road and east of South Locust
Grove Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
009 Request for Preliminary Plat approval of 166 building lots and
37 common lots on 43.18 acres in a proposed R-8 zone for
Meridian City Council
July 26, 2005
Page 3 of 72
Bellingham Park Subdivision by Gemstar Development, LLC -
north of Amity Road and east of South Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: CUP
05-008 Request for a Planned Development consisting of 166
residential units with reductions to the minimum requirements for lot
size, street frontage and yard setbacks for Bellingham Park
Subdivision by Gemstar Development, LLC -north of Amity Road
and east of South Locust Grove Road:
J. Award of Bid for Well No. 26 Pumping _ Facilities to Star
Construction, LLC:
K. Water Main Easement Agreement for Park's Westside Body
Works by Tim Wallace:
L. Water Main Easement Agreement for Waltman Court
Subdivision:
M. Water Main Easement Agreement for Ustick Marketplace, LLC:
N. Purchase Agreement and Permanent Easement Agreement
with Ada County Highway District for Eagle Road, Victory to
Ridenbaugh:
O. Development, Reimbursement and Conveyance Agreement for
Champion Park:
P. Award of Bid for 2005 Sewer Cleaning / TV Inspection Proiect
to Pipeline Inspection Services:
Q. Consulting Agreement and Scope of Work with Washington
Group International for North Meridian Area Traffic Study:
R. Agreement for Pretreatment Program Application
Modifications with CH2M HILL:
S. Agreement for On-Going Consultation to Water Department
with Hydro Logic:
T. Agreement for Municipal Water Rights Project with Hydro
Logic, Inc.:
U. Agreement for Supply Well # 27 Professional Services with
Hydro Logic, Inc.:
Meridian City Council
July 26, 2005
Page 4 of 72
V. Agreement for Ground Water Studies with Hvdro Logic, Inc.:
W. Agreement for Supply Well Evaluations with Hvdro Logic, Inc.:
X. Request for Funds No. 3 for Meridian Sr. Center Rehabilitation
Project ICDBG 04-111-01-SR:
Y. Development Agreement: AZ 04-033 Annexation and Zoning of
15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by
Avest LP - 355 North Ten Mile Road:
2. Development Agreement: AZ 05-008 Annexation and Zoning of
41.27 acres from RUT to R-4 for a new middle school for McMillan
and Meridian Middle School by Joint School District No. 2 -NEC
of McMillan and Meridian Roads:
AA. Approve Beer and Wine Licenses for Pier 49 Pizza - 1551 West
Cherry Lane #102:
BB. Resolution No. Setting Forth Certain
Findings and Purposes Authorizing the Sale of Surplus
Property at Public Auction; Authorizing the Mayor of the City
of Meridian to Sell Surplus Property Located on Lot 63, Block
14 in Thousand Springs Subdivision No. 5:
CC. Resolution No. Declaring the Intent of
the Citv of Meridian to Convey to the Meridian Development
Corporation Certain Real Property Located at 55 East
Broadway Avenue in the City of Meridian and Legally
Described as Lots 20 and 21 of Block 1 of the Meridian
Townsite; Instructing the City Clerk to Establish and Notice a
Hearing to Review the Proposed Conveyance:
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda with the changes of Items G, H and I
being moved to the regular agenda as 8 G, H and I and for the mayor to sign and the
clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further
discussion, Mr. Berg, will you call roll?
Meridian City Council
July 26, 2005
Page 5 of 72
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: On Item BB that was just approved, if it's all right with the Council, I would
suggest if the Council's direction would be to the clerk's office to begin the process of
the public noticing necessary for the sale of this property at Thousand Springs, and our
office -- attorney's office and Public Works office to post the site, so that we can get
proper notice out to the public. But if the Council could give that direction as well, we
can get this property actually sold maybe this year.
Bird: That was included in the motion.
De Weerd: Okay.
Bird: If the second agrees.
Rountree: The second understood that.
Bird: Okay. Thank you.
De Weerd: And everyone that voted I'm sure understood that as well.
Nary: I thought you all did.
Donnell: Sure we did.
Item 6: Department Reports:
A. Mayor's Office:
1. Proclamation for Cover the Blue 2005:
De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read.
During the week of August 1st through the 5th, they are working a canned food drive to
Cover the Blue at BSU's football field. And so my proclamation reads as follows:
Whereas, due to the increase of cost of food and other necessities, the agencies that
provides food for needy Idahoans have a critical need for donations this summer. And
whereas Idahoans have always responded with compassion and generosity to their
neighbors in need and this is a time where we must all reach out to the members of our
community who are most impacted by these conditions. And whereas in response to