Water Main Easement with Sundance Co. for Jade Plaza Silverstone CampusADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 04112105 01:40 PM
DEPUTY Neava Haney III IIIIIIIIII'IIIIII"II'IIIIIIIIIIII
RECORDED-REQUEST OF
Meridian City 1 ~~~~~$$~
WATER MAIN EASEMENT
THIS INDENTURE, made this day of~l 20~ between~~l Y~(111\~ ~. ,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 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 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 andright-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 EASM_~~~
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:
~~ .
L i r~ ~+~ rc.C
STATE OF IDAHO
ss
County of Ada )
On this o7,~ day of ~~~~ , 20OSbefore me, the undersigned, a Notary Public in
and for said State, personally appeared G~~i,2i,~->o,~,s~~.e ~~~-sy,J and
~,~vis A~~.2sy ~ ,known or identified to me to be the F-~esi~ie~ and ,respectively, of the
corporation that executed the within instrument, and ~kt~owledged tom that such corporation
executed the same. G„y,Tfv ~~~~~~ ~iy,T~ f:0.(T.~E,e
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing a~ ~ ~ ~~~.~~~
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Water Main Easement EASMT_WTR ~r
GRANTEE: CITY OF
Tammy de Weerd,
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Attest by William G. Berg, ity Jerk
Approved By City Council On:
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STATE OF IDAHO,
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County of Ada )
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On this day of ~ ar~,E. , ~A@~, 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.
IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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Water Main Easement
EASM~VV~
TEALEY'S LAND 2501 Bogus Basin Rd. * Boise, Idaho 83702
SURVEYING (2os~ 3s5-o6s6
Fax (208) 385-0696
Project No.: 2815
Date: March 9, 2005
K A 77
FOR
PROPOSED JADE. PLAZA
A parcel of land being a portion of Lots 1 and 2 of BIocK 1 of Sllverstone Campus
Subdivision as on file in Book 89 of Plats at Pages 10295 through 10299 in the Office of
the Recorder for Ada °County, Idaho, said parcel being situated in the NW 1/4 of Section
21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as
.follows:
BEGINNING at an iron pin marking the Northeast comer of said Lot 2; thence
along the East line of said Lot 2
South p0°13`16" West 23.00 feet to a point; thence. along a line parallel with the
North line of said Lot 2
North 89°58'50" West 43..00 feet to a point; thence along a line parallel with said
East line of Lat 2 and the East line of said Lot 1
North 00°13'16" East 70.00 feet to a point; thence
North 89°58'50" West 7.00 feet to a point; thence along a line .parallel. with said
East line of Lot `1
North 00°13'16" East 17$.04 feet to a point; thence at right angles
Sou#h 89°46'44" East 20.00 feet to a point; thence along a .line parallel with said
East Gne Lot 1
South 00°13'16"'West 159.21 fleet toga point; thence. at right angles
South 89°46'44" :East 30.00 feet to a point on said East line of Lot. 1; thence
along said East line of Lot 1
South 00°1:3'16" West 66.66 feet to the POINT OF BEGINNING;.,
2815-water-Ease-desc.doc - dnm
P8g
E. OVERLAND RD. __
EXHIBIT "B"
WATERLINE EXHIBIT FOR
JADE PLAZA PROJECT
I A PORTION OF LOTS I & 2 , BLOCK I ,
SILVERSTONE CAMPUS SIJBDiVISION
~ THE NW f/4, SECT. 21, T.3N., R.IE., B.M.,
~ -~..~..:..T~
~-• °~~-~~~~ MERIDIAN , ADA COl1NTY , IDAHO
5 89°46'44" E
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LOT 2
POINT OF BEGINNING
SE COR LOT I
NE COR LOT 2
DEVELOPER/OWNER?
THE Sl1NDANCE COMPANY
9100 W. BLACKEA6LE DR.
BOISE, IDAHO 83709
208-322-7300
' 2815--tNate:r-Ease.c#w~ f33--~9-D5 b3.14: 28 drnarks , ~. II it
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 Shops 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 pave 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 Graystone Building (L1 / B4
Silverstone Business Campus) by Sundance LTP:
O. Sewer Service Contract for the North Slough Sewer Proiect:
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?