Water Main Easement with Sundance LTP for Silverstone Campus GraystoneADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00
BOISE IDAHO 04112105 01:40 PM III IIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIII
DEPUTY Neava Haney
RECORDED-REQUEST OF 10504385
Meridian Ciry
WATER MAIN EASEMENT
THIS INDENTURE, made this/, day of September, 2004 between ~ ~~1~~ (~ Q 1 f ,
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 and service 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 the right-of--way for an easement for the operation and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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water easement 091404
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any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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:
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Christopher L. Anderson
Agent of Sundance Limited Partnership Investments
STATE OF IDAHO )
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County of Ada )
On this l~ ~ day of September, 2004, before me, the undersigned, a Notary Public in
and for said State, personally appeared Christopher L. Anderson known or
identified to me to be an agent of the Limited Partnership, that executed the within
instrument, and acknowledged to me that such Limited Partnership 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
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Water Main Easement Page 2 C046224
water easement 091404
CITY OF MERIDIAN
TammQy de~Veerd,
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William G. Berg, Jr.,
Approved by Council on
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STATE OF IDAHO, )
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County of Ada, )
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On this ~~ day of ~Rr~. ,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 EASEMENT
A water easement across a portion of Lot 1, Block 4 of SILVERSTONE CAMPUS
SUBDIVISION, as shown on the official Plat recorded in Book 89 of Plats at pages
10295-10299, records of Ada County, Idaho, located in the NW1/4 of the NW1/4 of
Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho and more described as follows:
Commencing at a brass cap monument marking the NW corner of the NW1/4 of said
Section 21, thence along the North line N89°14'24"W a distance of 1043.04 feet to a
point from which a 5/8 inch rebar marking the NW corner of the NE1/4 of the NW11/4
of said Section 21 bears N89°14'24"W a distance of 289.50 feet, thence leaving said
North line S00°45'36"W a distance of 818.20 feet to a point being the POINT OF
BEGINNING;
Thence ten feet on both sides of the following described line, with margins shortening
and lengthening to intersect adjoining property lines;
Thence S90°00'00"W a distance of 32.85 feet to a point;
Thence S00°00'00"E a distance of 161.10 feet to a point;
Thence S45°00'00"E a distance of 40.47 feet to a point;
Thence S89°46'44"E a distance of 27.95 feet to a point on the West right-of--way line of
S. Cobalt Point Way being the terminus of the easement line.
Said parcel contains 5,248 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied.
C046224_water easement_legal_091304wdg.doc
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EXHIBIT "B"
SCALE: 1 " = 40'
EXHIBIT "B"
WATER EASEMENT
LOT 1, BLOCK 4 OF SiLVERSTONE CAMPUS SUBDIVISION
BOOK 89 OF PLATS PAGES 10,295 TO 10,299
A PORTION OF THE NEI/4 OF THE NW1/4
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C046224ILWTRMEASEMENT.DWG ~ ~ 1 ~1 N ~ C ~~ DRADWT BY:
CREATION DATE: Engineers, Inc. CHECKED BY:
72552 W. Executive Dr., Suite B, Boise, Idaho
SEPT 13 2004 837'3 KNS
(208) 887-7760
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OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN.
CITY OF MERIDIAN, ADA COUNTY, 1DAH0
2004
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Meridian City Council
March 29, 2005
Page 2 of 73
De Weerd: A timely reminder to recycle. And how could you not after seeing those
future recyclers. Okay. Item No. 3 is our community invocation. We will be lead tonight
by Pastor Burton Roberts, who is with Meridian Gospel Tabernacle. If you will, please,
take this moment as joining us in the community invocation or as a moment of silence.
Pastor.
Roberts: Thank you, Madam Mayor. Shall we pray? Almighty God, we pause to thank
you tonight for the privileges that we have living in a country that is under God and we
thank you that we can be thankful in our hearts for your many blessings to us, including
the privilege of living in this beautiful City of Meridian, Idaho. Tonight, Father, we ask
for your wisdom, your guidance, your strength, in each decision that is being made
tonight, may it truly be a wisdom that comes from the heaven above to strengthen our
thoughts and our processes that we might truly find in you the strength to be all that we
need to be to make this a continuing improving community, that we might all truly
continue in that strength. We ask all these things in Jesus' mighty name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve this revised revised agenda. In the Consent
Agenda the resolution number is 05-466 and in the regular agenda Item 21 is 05-1135
and 05-1136 is No. 22 and 05-1137 is Item No. 23. With that, I move that we approve
the revised agenda.
Donnell: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED. THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of March 1, 2005 City Pre-Council Meeting:
B. Approve Minutes of March 1, 2005 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: CUP
04-054 Request fora Conditional Use Permit fora Planned
Development for retail uses in a C-N zone for The Shoas at
Meridian City Council
March 29, 2005
Page 3 of 73
Cherry Lane by High Point Equities, LLC - SWC of West Cherry
Lane and North Ten Mile Road:
D. Water Main Easement for Red Robin by Eagle-Fairview
Investments, Co. LLC:
E. Water Main Easement for Jade Plaza:
F. Emergency Management Joint Powers Agreement:
G. Development Agreement: RZ 04-018 Request a Rezone of .74
acres from L-O to C-C zone for Kinetico Quality Systems of
Treasure Valley by Irma Jean Phillips - 544 West Cherry Lane:
H. Change Order No. 5 to extend the curb and putter for Storey
Park Phase II Construction:
I. Change Order No. 6 to widen and nave for Storey Park Phase II
Construction:
J. Assessment Agreement for Boondocks Fun Center at 1385
South Blue Marlin:
K. Easements for Construction of the Victory /Meridian Road
Waterline with Evans:
L. Overland Road Water and Sewer Design with Civil Survey in
Conjunction with ACHD:
M. Award bid for Flushing Stations Construction to Star
Construction:
N. Water Main Easement for Gravstone Building (L1 / B4
Silverstone Business Campus) by Sundance LTP:
O. Sewer Service Contract for the North Slough Sewer Project:
P. License Agreement for the North Slough Sanitary Sewer
Proiect:
Q. Change Order No. 1 for the North Slough Sanitary Sewer
Proiect:
R. Award Bid and Contract for Meridian Senior Citizen Center
Upgrades by KMO, Inc.:
Meridian City Council
March 29, 2005
Page 4 of 73
S. Resolution No. 05-466 Resolution Vacating a
Portion of the Golf Course Easement Located on Lots 44, 45,
46 and 47 Block of Spurwing Subdivision located on the North
Side of Chinden Boulevard, Approximately 3/4 Mile West of
North Linder Road:
De Weerd: Okay. Item No. 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, including Item No. S, which is
Resolution No. 05-466.
Wardle: Second.
De Weerd: The Mayor to sign and the Clerk to attest on all --
Bird: The clerk to attest. I'm sorry. I haven't done it enough.
De Weerd: I know. You could practice.
Bird: I need practice.
De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's Office
1. Appointment of Traffic Safety Commission -Jim Fisher:
De Weerd: Thank you. Item No. 6 under Department Reports we have had a quorum
issue on our Traffic Safety Commission. Jim Fisher is here with us tonight and I would
like to appoint him. Jim has stepped in, actually, for a couple of the board members.
One for the school district for -- to step in for Wendel Bigham and Elaine Estacio, he
also helped her out. So, he will not be a new face to the commission, but would be a
great addition and, then, we can count on him every time. So, Council, I would
appreciate Jim Fisher, an appointment to that Commission.
Bird: Madam Mayor?