Water Main Easement with Elm Grove Trailer Park for Elm Grove Trailer ParkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 07!21105 03:46 PM
DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIII'I III
RECORDED-REQUEST OF
Meridian City i ~~~~~~'~$
WATER MAIN LAat+,lvir,i~ i
THIS INDENTURE, made this day o 2005 between Elm Grove Trailer Park, 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 Granteetheright-
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 scent 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 fw ther
effect and shall be completely relinquished.
Water Main Easement
Elm Grove Trailer Park
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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:
General Partner
State of Idaho )
County of Ada)
S.S.
On this l (~ day of ~~ ~~~ , 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared Loren D. Ross, known or identified to me to be the General
Partner of the Elm Grove Trailer Park that executed the within instrument, and acknowledged to me
that such Elm Grove Trailer Park executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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Water Main Easement Elm Grove Trpai~ler~Paz~k ,~
CITY OF MERIDIAN
Tammy~de W
G. Berg, Jr., City
Approved by Council on
STATE OF IDAHO,
County of Ada, )
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On this 2g day of ~t~.ke ,2005, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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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EXHIBIT "A"
Water Line Service Easement
From Elm Grove Trailer Park
To the City of Meridian
A ten (10) foot wide strip of land located in the NW4 Section 7, Township 3 North, Range 1 East Boise
Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at the intersection of the easterly Right-of--Way of E. 3`d Street and the southerly Right-of-
Way of Gruber Avenue, said point being monumented with a 5/8 -inch diameter rebar,
Thence northerly along the easterly Right-of-VVay of E ~`d street 23.31 feet, more or less, to the
BEGINNING OF THIS EASEMENT.
Thence East, leaving said Right-of--Way 60.00 feet more or less to the END OF THIS EASEMENT.
Said easement being ten (10) feet wide and centered over the said described line.
202 Falls Avenue
Twin Falls, ID 83301
208/733-2446
Fax 208/734-2748
1311 E. Franklin Road, Suite 106
Meridian, ID 83642
208/898-9165
Fax 208/898-9166
111 Main Street, Suite 310
Lewiston, ID 83501
208/743-3818 ', 11
Fax 208/743 X819_ N
www.riedeseleng.com riedeselcriedeseleng.com
NW4-SECTION 7
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M.
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ELM GROVE TRAILER PARK RIEDESEL & ASSOCIATES, INC. RSEItYSF3 n
EXHIBIT "$" 1311 E. PRANKLW ROAD, SUITE 106 n;;5nr1afiF1~ u
WATER LINE EXTENSION PROJECT MERIDIAN, ID 83642 _~,~
Seale: U20 Date: O6 OS Proj. Number. p7g1 ~ f
~9• Pte: R: PROJECTS 0791\CADD\DWG (208) 898-9165
Paasa .,~
Meridian City Council
June 28, 2005
Page 2 of 78
Iraq and others. And, Father, we are thankful that we can just enjoy a special process
like we have here tonight and, Father, as Meridian looks at all the wonderful
opportunities ahead for her, the great challenges of our growth, this is important what
takes place here tonight. Thank you for our Mayor, the Council, and the community that
comes and that, Lord, you give wisdom tonight as we look at a lot of important issues, to
have the discernment needed to be able to think right and do that which is going to best
overall. So, give, again, the wisdom we need and thank you for the privilege of being
here and for the democracy that we have. We are a thankful people. We ask your
blessing upon all the affairs tonight as we commit them to you, in Christ's name we
pray, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor. Very timely reminder before our Independence Day and
we appreciate you joining us tonight. Item 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have got one which when we come to it, Item No. 22, needs to be continued,
because it wasn't noticed by Touchmark, but we can take care of that when it goes.
The resolution numbers starting on 05 --
Wardle: 476.
Bird: -- 476 and we will take care of that in the Consent Agenda. With that, I move we
approve the agenda as published.
Rountree: Second.
De Weerd: Okay. The motion is to adopt the agenda as changed. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Resolution No. 05-476 VAC 05-004 Request for a
Vacation of platted easements for Krispy Kreme Subdivision by
Eagle-Fairview Investment Co., LLC -Lot 1 of the Krispy Kreme
Subdivision:
B. Resolution No. 05-477 VAC 05-005 Request for a
Vacation of a portion of a 20-foot utility easement between Lots 20
Meridian Ciry Council
June 28, 2005
Page 3 of 78
& 21, Block 1, Stokesberry Subdivision No. 2 by Properties West,
Inc. -west of North Eagle Road and north of River Valley Street:
C. Development Agreement: AZ 05-003 Request for an Annexation
and Zoning of 76.72 acres to a R-3 zone for Kingsbridge
Subdivision by Vision First, LLC - 4070 South Eagle Road:
D. License Agreement with Nampa & Meridian Irrigation District
for Ten Mile Drain (Glacier Springs Subdivision):
E. School Resource Officer Agreement between the Meridian
Police Department and Meridian School District:
F. Water Main Easement for Elm Grove Trailer Park:
G. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation
Project ICDBG 04-111-01-SR:
H. WWTP Load Sharing /Shedding During Transfer to Backus
Power with Custom Electric:
I. Scouing Study to Set Design Parameters for the SCADA
portion of the WWTP Phase I with DC Engineering:
J. Eagle Road Waterline Relocation with Civil Survey:
K. Contract Proposal for Construction Documents for Ustick
Road Improvements along Meridian Settler's Park with The
Land Group, Inc.:
L. License Agreement with Nampa & Meridian Irrigation District
for Eight Mile Lateral (Tuscany Lakes Subdivision No. 2):
De Weerd: Item 5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published, including Resolution
No. 05-476 and 05-477, and for the Mayor to sign and the Clerk to attest on all proper
papers.
Rountree: Second.
Meridian City Council
June 28, 2005
Page 4 of 78
De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. City Attorney
1. Update on Office Remodel at Farmers & Merchants Old
Branch Building:
De Weerd: Thank you. Item 6 under Department Reports, we will start with our city
attorney Bill Nary.
Nary: Madam Mayor, Members of the Council -- it's hard when you sit over here. I'm
not going to always sit over here, but this is the second week I'm over here this time.
Madam Mayor, Members of the Council, I just wanted to report an update on the office
remodel on the Farmers and Merchants Bank building. I know you had approved the
move and I know your expectation is to see the cost to the city for all the moving costs
and remodeling costs and the like. We did receive a bid on some of the remodeling
costs. It was a fairly high number that I was concerned about the expense to the city to
do that level of remodeling, that expense. We have sought out another bid. I did
receive a contract back this afternoon from the contractor that indicated the bid would
probably come in, hopefully, about a third of what the other original bid was. We are
also looking at some alternatives to, again, make it workable at the least expense. So, I
don't have a final number or a final date, but I wanted you to know that we were still
working to get this process completed. We got held up on the first bid that we sought,
because we waited about three and a half weeks, almost four weeks, to get that bid in.
So, that's part of the reason for the delay. They have been proceeding on the WAN and
getting that installation done, so that is still in process, but is close to being done. It will
probably be up with the rest of the testing for the WAN. That's going to, I think, occur in
the month of July. And, then, as I said, we are looking for some alternatives for some of
the office space to be able to make it workable, but at a lesser price. And, then, the last
thing will be some -- getting some bids for our moving costs for a moving company,
which I don't anticipate to be very high, because we don't have a lot of people or a lot of
materials to move over there, so that shouldn't be significant. And, then, get the phones
installed and, then, we will be ready to go. But I will bring that back to you when I get it,
but I did want to let you know where we were and was very encouraged that this new
contractor could possibly give us the same amount of remodeling work done for about a
third of what we originally had thought, so when I get the rest of it, I will get that to you.
De Weerd: Thank you. Mr. Wardle.