Waterline and Temporary Construction Easement with Evans, Richard for Victory Road Water lineADA COUNTY RECORDER J. DAVID
BOISE IDAH01D113105 03:42 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian Ciry
NAVARRO AMOUNT .00
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This sheet has been added to document
to accommodate recording information
WATER MAIN EASMENT
VICTORY RD EXTENSION
RICHARD EVANS
t
WATERLINE & TEMPORARY CONSTRUCTION EASEMENTS
THIS INDENTURE, made this ~_ day of _ /Y1~cl~_, 2005, between Richard Evans;
the party 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" and "B"
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 4
1. The Grantee will provide the Grantor with one (1) 8"water stub to the property in
question at no cost to the Grantee. The Grantee will be responsible for the
extension of public water lines as is normal and customary for development
projects within the City of Meridian. Individual buildings connecting to the public
water lines will be responsible for the normal and customary connection and fees
and monthly service fees as assessed by the City of Meridian.
2. The Grantor may install landscaping within the easement provided that no trees
are planted within 5' of the waterline.
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:
TERM OF USE. Construction of the waterline will occur between March 15, 2005 through
August 15, 2005. Weather limitations may necessitate a time extension for completion of
final surface restoration and grading as mutually agreed by the Grantor and Grantee.
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
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.
WATERLINE EASEMENT
Page 2 of 4
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 4
Y
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first
hereinabeve written_
Richard Evans
STATE OF IDAHO )
ss
County of Ada )
On this .~~~' day of Ma+~-t- , 2005, before me r a.~^- ~ Fisk
personally appeared ~c,~- Eyaris
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.
~pNN~N~y~ 4'L~/`~~
~, NOTARY PUBLIC FOR IDAHO
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GRANTEE: kl'rY OF MERIDIAN
My Commission Expires on
~~~~ ~~~
Tammy ~erd,. Mayor ~'~L'
Attest by William G. Ber Jr., ity Clerk s, ~`
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City Council Approval Date:
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WATERLINE EASEMENT
Page 4 of 4
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Engineers Surveyors Planners
Project: 10-04-143
Date: February 1, 2005
PARCEL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That portion of the Southeast'/a of the Southeast'/a of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and being more particularly described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast'/a
of said section, North 89°21'17" West, 121.09 feet; thence North 00°38'43" East, 40.34 feet to the Northerly
right-of-way of Victory Road, the POINT OF BEGINNING;
thence North 45° 34'47" East, 79.41 feet to the Westerly right-of-way of State Highway 69 (Meridian Road);
thence along said right-of-way, South 00° 38'24" West, 21.39 feet;
thence continuing along said right-of-way, South 55°44'40" West, 60.96 feet to the Northerly right-of-way of
Victory Road;
thence along said right-of-way, North 88°49'43" West, 6.09 feet to the POINT OF BEGINNING.
Together With:
That portion of the Southeast'/a of the Southeast'/. of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and more particularly described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast '/e
of said section, North 89°21'17" West, 144.03 feet; thence North 00°38'43" East, 40.55 feet to the Northerly
right-of-way of Victory Road, the POINT OF BEGINNING;
thence North 00° 34'48" East, 131.84 feet;
thence South 89° 22'01" East, 79.16 feet to the Westerly right-of-way of State Highway 69 (Meridian Road);
thence along said right-of-way, South 00° 38'24" West, 45.00 feet;
thence North 89°21'36" West, 10.00 feet;
thence South 00° 38'24" West, 26.72 feet;
thence South 45° 34'47" West, 85.06 feet to the Northerly right-of-way of Victory Road;
thence along said right-of-way, North 88°49'43" West, 8.94 feet to the POINT OF BEGINNING.
Containing 0.194 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
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Project: 10-04-143
Date: February 1, 2005.
PARCEL DESCRIPTION
PERMANENT WATERLINE EASEMENT
That portion of the Southeast'/a of the Southeast'/a of Section 24, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, as shown on the attached Easement 'B' and more particularly
described as follows:
Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the
Southeast'/a of said section, North 89°21'17" West, 135.09 feet; thence North 00°38'43" East, 40.47 feet
to the Northerly right-of-way of Victory Road, the POINT OF BEGINNING;
thence North 45 ° 34'47" East, 85.06 feet;
thence North 00° 38'24" East, 26.72 feet;
thence South 89° 21'36" East, 10.00 feet to the Westerly right-of-way of State Highway 69
(Meridian Road);
thence along said right-of-way, South 00°38'24" West, 30.86 feet;
thence South 45 ° 34'47" West, 79.41 feet to the Northerly right-of-way of Victory Road;
thence along said right-of-way, North 88°49'43" West, 14.00 feet to the POINT OF BEGINNING.
Containing 0.025 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
8575
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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 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 Aareement:
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 gutter 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 ACRD:
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
Project:
Q. Change Order No. 1 for the North Slough Sanitary Sewer
Project:
R. Award Bid and Contract for Meridian Senior Citizen Center
Uugrades 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?