Water Main Easement with Cherry Crossing LLC for Cherry Crossing BuildingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07121105 03:46 PM
DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIII'll III
RECORDED-REQUEST OF 1~5~9~49~
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this 2Zday of -k~ mac, 20 E~between C~tc~^~> ('rttS ohs 1 L e ,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 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.
Water Main Easement EASMT WT~
PA ~~
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.
GRANTO .
Presi ent
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~_ day of 2(~~before me, the undersigned, a Notary Public in
and for said State, persona appeared ~~ ~~~-~;~' 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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Water Main Easement
NOTARY P LIC FOR ID
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CITY OF MERIDIAN
Tammy~ie Weerd, Mayor
G. Berg, Jr., City
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Approved by Council on
STATE OF IDAHO, )
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County of Ada, )
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On this ~~kday of Ju, ~y ,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 ~llpy~,}~;ritten.
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ARROW
GPS, BOUNDARY,
TOPOGRAPHIC AND A.L.T.A.
SURVEYS
land Surveying, InC• CONS D SCANNING x~NG
1121 E. State Street Suite 105 Eagle, Idaho 83616 office: 1-208-939-7373 fax: 1-208-939.7321
Job No. 05839
6-17-OS
D.R.L.
LEGAL DESCRIPTION
FOR
CHERRY CROSSING
~'X 1-} I Ii lT '[-S
(water meter easement)
A portion of Lot 2, Block 1, Cherry Crossing Subdivision No. 2, City of Meridian, Ada
County, Idaho described as follows:
Commencing at the Southwest corner of Lot 2, Block 1, Cherry Crossing Subdivision No.
2, City of Meridian, Ada County, Idaho and running thence North 175.22 feet along the
West line of said lot; thence East 15.00 feet to the POINT OF BEGINNING; thence East
24.00 feet; thence South 20.00 feet; thence West 24.00 feet; thence North 20.00 feet to
the point of beginning,
Parcel contains 480 square feet.
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Page_~~
Meridian City Council
July 12, 2005
Page 3 of 68
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Sanitary Sewer and Water Main Easement Agreement with
Touchmark of the Treasure Valley. LLC for Touchmark Plaza:
B. Sanitary Sewer and Water Main Easement Agreement with
Touchmark of the Treasure Vallev, LLC for Touchmark Grand
Lodge:
C. Streetlight Agreement with Initial Pointe, LLC for Cobblefield
Crossing No. 2:
D. Development Agreement: AZ 05-009 Annexation and Zoning of
1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by
Mike and Gloria Urwin - 2560 South Meridian Road:
E. Water Main Easement Agreement with Cherry Crossing, LLC
for Cherry Crossing Building:
F. Contract with JUB Engineers for the Ten Mile Sewer Proiect:
G. Agreement for Water Oaerator Disinfection Training with
Brown Environmental, Inc.:
H. Temporary License and Maintenance Agreement with Central
Street Joint Venture for Jabil Soccer Fields:
Approve Liquor and Beer Licenses for Tonv Romas - 970
Progress:
J. Resolution No. Ratifying the City of
Meridian Planning and Zoning Commission Decision to
Approve a Street Name Change from Fireweed Drive to Orso
Drive:
K. Agreement with BRS Architects for Water Department Building
Study:
De Weerd: Okay. Item No. 5.
Rountree: Madam Mayor, I move that we approve the Consent Agenda as published,
with the resolution number as indicated previously.
Meridian City Council
July 12, 2005
Page 4 of 68
Donnell: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda. Mr. Berg, will you
call roll.
Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Fire Department -Ron Anderson
1. Update on Results of Fire Station # 4 Bids with the
Meridian Rural Fire Protection District:
De Weerd: Thank you, Mr. Berg. Okay. Item 6. Department Reports. We will start
with our fire chief, Chief Anderson.
Anderson: Thank you, Madam Mayor, Council Members. I'd like to report tonight on
the progress of Fire Station Four. As you know, our city has expanded greatly south of
the interstate with a number of residential subdivisions and commercial businesses that
are springing up along Overland and Eagle Road. The fire department has been
challenged with increased response times due to heavy traffic volume on Meridian Road
and Eagle Road to service those areas, so the plan that was put in place several years
ago now is starting to come to fruition and as a result of that a piece of land was
donated several years ago on Eagle Road to build a future fire station. Through a
partnership with the Meridian Rural Fire District, the Meridian Rural District is going to
fund and pay for a fire station down there and, then, jointly staff that station with a joint
effort between the city and the rural to fund the staff. So, last Thursday we held a bid
opening for the fire station, that we received five bids on the station. The lowest bid was
substantially higher than what our architect had estimated the price to be. So, I have
him in the audience tonight, so I'll let him defend himself and you can ask him all the
questions about why that was, but I had to chuckle when I saw the parks and rec
director talking about the architect's estimate of his projects, because I just went through
that last week. But as a result of that, last night we held our meeting with the rural fire
district commissioners. They reviewed their funding and it is a stretch for them, but due
to the commitment that the city has made to hire the additional staffing that will be hired
near the end of this budget year, they decided that they will go ahead and push through
with the building of this fire station. It was also felt that with the construction market the
way that it is, that it would be pointless to try to rebid it and expect lower prices to come
in. So, they are going to go with the low bid in this case and I am pleased announce
that the lowest responsive bid was a local Meridian company, RSCI, which is Record
Steel Construction off East Lanark Lane here in Meridian. So, with that I guess I would
turn it over to Mr. Tom Zabala from ZGA Architects to answer any questions that you
might have on this station or the contract.