Waterline Easement with Jones, Burke P. Ferguson, John B. Idaho Holdings for Franklin Road, N. Ten Mile Road,ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12
BOISE IDAHO O6I27I05 03:08 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III II
Meridian City 1 ~~~$~~~~
This sheet has been added to .document
to accommodate recording information
WATERLINE EASMENT
FRANKLIN RD WATERLINE EXT
IDAHO HOLDINGS LLC
WATERLINE EASEMENT
THIS INDENTURE, made this ~`~ day of 5ent~2rnlo~.r , 2004, between Burke P. Jones,
John B. Ferguson, Idaho Holdings, L.L.C., an Idaho Limited Liability Company, and Michael E.
Huter; the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian,
Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE.
WITNESSETH:
WHEREAS, the Grantee desires to extend a public waterline across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the waterline is to be provided for through an underground pipeline to be
constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said waterline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey
unto the Grantee the right-of-way for the permanent waterline easement and temporary
construction easement for the construction, operation and maintenance of a waterline
over and across the following described property:
SEE ATTACHED EXHIBITS "A", "B", and "C"
THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a
waterline and allied facilities, together with maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
This grant is made on the following terms:
TO HAVE AND TO HOLD, the said permanent 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 the
Grantee, in constructing and in making future repairs, will expediently replace and restore
the premises to a condition comparable to that existent prior to undertaking such
construction, repairs and replacement (including ornamental shrubs, ground cover and
other decorative landscaping). However, the Grantee will not be responsible for repairing,
replacing or restoring any permanent structures or large trees placed within the area
described in this easement. The Grantee also agrees to the following:
WATERLINE EASEMENT
Page 1 of 8
1. The Grantee will pay the Grantor $1,000 for the permanent easement. Said sum
will be paid upon the completion of the construction on the property.
2. The existing trees within the limits of the temporary construction easements that
are to be cut down for the construction of the waterline, and the resulting stumps,
will be completely removed from the property and disposed of by the Grantee. In
addition, the Grantee agrees to mow the weeds on the south side of Ten Mile
Creek prior to the completion of work on the site.
3. The construction of the waterline will not impact the existing agricultural
operation on the site and will not disrupt the delivery of irrigation water nor
the drainage of waster water from the fields.
4. The Grantor may construct a berm and install landscaping, provided that no
trees are planted within 5' of the permanent easement.
5. Construction of the waterline will occur between October 1, 2004 through March
31, 2005. Weather limitations may necessitate a time extension for completion of
final surface restoration and grading as mutually agreed by the Grantor and
Grantee.
THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any
permanent structures or trees within the area described for this easement, which would
interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and
possessed of the aforementioned and described tract of land, and that he has a good and
lawful right to convey said easement, and that he will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and
related incidental work. The temporary construction easement shall expire when the
construction contract terminates. This grant is made on the following terms:
AUTHORIZED USES BY GRANTEE. The GRANTEE'S use of the Easement granted herein shall be in
connection with the construction of a water main on adjoining and abutting property owned by
GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for
construction, excavation, storage of earth and other materials thereon, for surveying, and for
all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection
with such water construction and improvement, and for ingress and egress to and from the
Dominant Estate.
USE BY OTHERS UNDER GRANTEE. The GRANTEE's right to so use the Servient Estate during the
term of the Easement shall extend to use by GRANTEE's Commissioners, employees,
contractors and agents.
TERM. This Easement shall be for a term commencing on the date of the GRANTOR'S execution
of this Indenture and terminate on the completion of the water main extension project
construction on the Dominant Estate. On the expiration of the term of this Easement, the
WATERLINE EASEMENT
Page 2 of 8
rights and privileges granted to GRANTEE hereunder shall cease and terminate and this
Easement shall be null and void and of no further force and effect.
INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against
any and all loss, injury, death and damage, and attorneys' fees and costs that might be
incurred by GRANTOR in defending any such claim, that shall result from the use of the
Servient Estate by GRANTEE, its Commissioners, employees, .contractors and agents,
hereunder.
RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the
Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good
a condition as existing on the date of this Indenture.
BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall,
during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND
GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in
the Dominant and Servient Estates.
APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate.
WATERLINE EASEMENT
Page 3 of 8
09!22/2004 16:12 FA}f 2063239336
IN WITNESS WHEREOF, the parties
hereinabove written,
P.
STATE OF IDAHO }
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County of Ada )
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their signatures the day and year first
Qn this day of _~, 20t}4, before me ~` Qr ~ ' .~ ,
personally appeared °k¢_ ~ . -~5 ,
graved to me on the bases of satisfactory evidence to be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same.
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WATERLINE EaSEMEN7
Page 4 of 8
0"9/22/2004 16:12 FAX 2083239336
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first
hereinabove written.
STATE OF IDAHO
1 ~
County of Ada ) ~,, ~~ ~, C~"`~.
On this~-~ day of ~ em~Der, 2004. before me ,
personally appeared 'Few ~o
proved to me an the bases of satisfactory evidence o be the persons whose names is
subscribed to the wlthtn instrument, and acknowledged that they executed the same.
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WATERLINE EASEMENT
Page 5 of 8
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first
hereinabove written. _ ~/
Ibaho Holdings LLC
By: Mark Bottles, Members
STATE OF IDAHO )
ss
County of Ada ) ~ • ,
004, before me ~ v ,
personally appeared Q/'/~ ~d~la;S ,
proved to me on the bases of satisfactory evidence to be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same.
On this ~•C day of u , 2
NOTA PUBLIC FOR IDAHO
My Commission Expires on ~•
WATERLINE EASEMENT
Page 6 of 8
09122!2004 16:12 FAQ 20$3239336
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1N WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and yearfirst
hereinabove written.
STATE OF IDAHO )
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County of Ada )
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Michael E. Huter
On this ~ ` -' day of s~, 2004, before me ~'.K~2.12,t~ 5• IN.A~~ ,
personally appeared IP.H~Ik -~• S.. 1-i-Iti~• ,
proved to me on the bases of satisfactory evidence to be the persons whose names is
subscribed to the within instrument, and acknowledged that they executed the same,
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WATERLINE EASEMENT
Page 7 of 8
GRANTEE: CITY OF MERIDIAN
WATERLINE EASEMENT
Page 8 of 8
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CNEC"ED BV: P,R( ERMANENT WATERLINE EASEMENT - EXHIBIT A 1
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Engineers Surveyors Planners EXHIBIT B
Project: 11873
Grantor: John Ferguson I't Burk Jones
Parcel No: 51211336062
Date: August 26, 2004
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southwest'/a of the Southwest'/, of Section 11, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Southwest corner of Section 11; thence along the Southerly boundary of said section,
South 89°09'31" East, 180.39 feet; thence North 00°50'29" East, 32.84 feet to the Northerly right-of-way of
Franklin Road, the POINT OF BEGINNING;
thence North 57° 50'45" East, 41.57 feet;
thence North 86 ° 03'09" East, 121.20 feet;
thence South 48°56'51" East, 51.61 feet to the Northerly right-of-way of Franklin Road;
thence along said right-of-way, North 78°24'32" West, 20.33 feet;
thence North 48° 56'51" West, 29.77 feet;
thence South 86 ° 03'09" West, 114.55 feet;
thence South 57° 50'45" West, 18.13 feet to the Northerly right-of-way of Franklin Road;
thence along said right-of-way, South 83°23'35" West, 23.19 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of said section,
North 00° 51'56" East, 291.93 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 00°51'56" East, 10.00 feet;
thence South 89 ° 08'04" East, 55.16 feet;
thence North 00° 51'56" East, 77.37 feet;
thence North 44°08'04" West, 78.00 feet to the Westerly boundary of Section 11;
thence along said boundary, North 00°51'56" East, 14.14 feet;
thence South 44°08'04" East, 92.14 feet;
thence South 00°51'56" West, 91.51 feet;
thence North 89°08'04" West, 65.16 feet to the POINT OF BEGINNING.
Containing 0.096 acres (4,182 square feet), more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8575 6
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REUSE OF DRAWINGS CAD FlLE: E%HIBIT_TEMP ~ FRANKLIN ROAD WATERLINE EXTENSION
THIS DOCUMENT, AND THE IDEAS AND DESIGNS BlCORPORATED HEREIN SHEET
AS AN INSTRUMENT OF PFIOFE8810NK SERVICE, 18 THE PROPERTY OF PROJ. 1: 71579 ~~ ~.
Jal#ENGWEERE. 01e AND 19 NOT TO BE USED, IN WHOLE OR PART, PLOT BCALE: 1'.90' . MERIDIAN ADA COUNTY IDAHO 1
FOR ANV OMER PROJECT WITHOUT THE E%PRE99 WRITTEN
AUTHORWTION OFJLl EMOIIEERS,1~ DRAWING NO.:
DRAWN BV: NWR FERGUSON & JONES PROPERTY of
OESKiN BY: NWR .a„NE~o,,. PI TEMPORARY CONSTRUCTION EASEMENT - EXHIBIT C 1
NO REVISION DE CRIPTION BY R DA CHECKED BV: PHK
Meridian City Council
March 1, 2005
Page 2 of 32
issues of traffic or planning and zoning or water or sewer or new neighborhoods, where
we acknowledge that the city's growing fast and these folks need great insight and
wisdom and even revelation from you for decisions. Lord, we want to take a moment
and pray for the families of the city, that you would create strong family units, dads who
take their responsibility as leaders seriously to lead their families, moms and dads, who
respect and love each other and children would honor their parents. We pray for the
children and youth in our city, Lord, that this would be a safe place for them to discover
and grow and we think of these young people behind us, God, as just one gathering of
young people. We pray for all the gatherings, whether that's a public school or a scout
troop or a youth group in a church, Lord, that children and youth would find esteem and
respect and love whether they are in an Albertson's, a church foyer, or a Starbucks and,
God, we just pray that this would be a place where children and youth would grow
strong and we honor you and thank you for this evening in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Good timely reminders. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This agenda looks awful good. We got -- we do have -- and we will come back
when we go before it, but Item 13 should be 12 and 12 should be 13. We should be --
the variance should be passed before on Klamath Basin, but other than that, I would
move that we adopt the revised agenda.
Wardle: Second.
De Weerd: Okay. The motion is to adopt the agenda as revised. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Tabled from February 22, 2005: Agreement of Insaection
Service with Rich Greene:
B. Approve Minutes of February 1, 2005 Pre-Council Meeting:
C. Correction to the Permanent and Temporary Easement
Contract for the North Slough Sanitary Sewer Proiect:
D. Sewer Service Contract for the North Slough Sanitary Sewer
Proiect:
Meridian City Council
March 1, 2005
Page 3 of 32
E. Award of Bid for North Slough Trunk Line to Sommer
Construction:
F. Award of Bid for WWTP Generator Building Construction
Contract to Challenger Companies:
G. Agreement with Custom Electric for the WWTP Expansion
Date Collection:
H. Waterline Easement Agreement with Burke P. Jones, John B.
Ferguson, Idaho Holdings, LLC for Victory Road:
I. License Agreement with ACHD for Well 10 Flushing Station:
J. License Agreement with Nampa Meridian Irrigation District for
Flush Lines:
K. Development Agreement: AZ 04-001 Request for Annexation
and Zoning of .5 acres from RUT to C-G zones for Equity Benefits
by Equity Benefits, LLC - 2540 East Franklin Road:
L. Approve Bills:
De Weerd: Okay. Item No. 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that all agreements,
contracts, all proper papers be on file with the City Clerk before any payment is made
on any of them and for the Mayor and the Clerk to sign on all proper papers.
Wardle: Second.
De Weerd: Thank you. The motion is to approve the Consent Agenda. If there is no
further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning and Zoning Department -Anna Canning