Water Main Easement with EIG Commercial, LLC for Copper Point DriveMar 22 2005 3:35PM Dave Evans Construction 208-853-1220 p.4
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 0412?105 10:19 AM
DEPUTY PaUi Thompson II I IIIIIIII VIII VIII IIIIIII III III III
. RECORDED-REQUEST OF 105~4~~~2
City of Meridian
WATER MAIN EASEMENT
THIS IlrTDENTLIRE, madethis?~day of rte`; 20~between Pll~ tpn~rhere.ic.~. Le.c. ,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 Crtantors 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 EXI:~I'T A and.B)
The easement hereby granted is for the purpo se 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 E~RESSLY 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, Grantce shall restore the area of the ~~~ent and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible
for zepairing, replacing or restoring anything placed within the area described in this easement that
was placed therein 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 arithin the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
Tl[~ GR.ANTORS 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 tight-of--way and casement 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 WTR
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Mar 22 2005 3:35PM Dave Evans Construction 208-853-1220
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 havc a good and lawful right to
convoy 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 WFIEREOF, the said parties of the first part have hereunto subscnbed their signatures
the day and year fast herein above written.
GRANTOR: EI (~ ~~~QrC;G1~ ~~~ G-.2da~0
t; ~+; ~~ l; v. b; 1, ~--J Cow.Pc~y
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~res:de~t S+w~ uJee141~ ~'1c,~nae}er'
secretary
STATE OF IDAHO )
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County of Ada )
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On this Zy ~ day of IM ~f C~ , 20~ before me, the undersigned, a Notary Public in
and for said State, personally appeared S-F~J Q v~Je2 k_/__ and
.known or identified to me to be the of the
that executed the within instrument, and acknowledged to me that such oe~esatiQn. ~v'"~"7
execu the same. Mq~gc~ et'
t; w~,~f-Q~l i; c.6; ~; ~-.~ c-~,M icy
IN WITNESS WHEREOF, I have hereunto set my had and affixed my official seal the day and year
fist above written.
(SEAL)
N~TARY
Re ding at _
Commission
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Water Main Easement EASMT WTR
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Mar 22 2005 3:36PM Dave Evans Construction
GRANTEE: CITY OF MERIDIAN '
.~
Tammy de a or
Attest by William G. serg its
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
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208-853-1220
On this day of ffbr; ~ , 200 before me, the undersigned, a
Notary Public in and for said State, pcraonally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to rn.e to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instzument, and acknowledged to me that the City of Meridian executed the same..
IN WITNESS WHEREOF; I Have hereunto .set my hand and ai~ixed my ofi~ecia] seal the day and year first
above written.
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PUBLIC FOR IDAHO
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Water Main Easement ~ EASMT W TR
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
boise~toengrco.com
PROJECT: 04149
DATE: March 23, 2005
PAGE: 1 bf 2
EXHIBIT "A"
WATERLINE EASEMENT DESCRIPTION
A strip of land situated in the E 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho and being a portion of Lot 2, Block 1 of Bonito Subdivision,
filed in Book 86 of Plats at Pages 9783 through 9788, records of Ada County, Idaho; and also being a
portion of Parcels "F" and "G" of Record of Survey No. 6786, records of Ada County, Idaho, more
particularly described as follows:
COMMENCING at a point on the southerly right-of--way litre of E. Copper Point Drive, marking the
NE corner of said Parcel G, thence, along said right-of--way line,
A.) Northwesterly along a curve to the right having a radius of 537.00 feet, an arc length of
169.13 feet through a central angle of 18°02'43" and a chord bearing and distance of
N.68°58'08"W., 168.43 feet to the POINT OF BEGINNING; thence leaving said right-of-
way line,
1) 5.21°56'09"W., 15.78 feet; thence,
2) 5.28°36'59"W., 8.83 feet; thence,
3) 5.00°00'00"E., 22.71 feet; thence,
4) 5.90°00'00"E., 14.60 feet; thence,
5) 5.00°00'00"E., 22.17 feet; thence,
6) 5.67°30'00"E., 21.27 feet; thence,
7) S.00°00'00"W., 13.97 feet; thence,
8) N.90°00'00"W., 20.00 feet; thence,
9) N.67°30'00"W., 13.68 feet; thence,
10) N.90°00'00"W., 21.62 feet; thence,
11) N.00°00'00"E., 66.85 feet; thence,
G:\04149\WPFII,ES\SURVEY\EXH-WATER EASEMENT.doc
BOISE • COEUR d'ALENE
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TOOTHMAN-ORTON ENGINEERING COMPANY
PROJECT: 04149
DATE: March 23, 2005
PAGE: 2 of 2
12) N.28°36'59"E., 12.76 feet; thence,
13) N.21°56'U9"E., 17.03 feet to a point on anon-tangent curve on said southerly right-of-
way line of E. Cross Point Drive; thence, along said right-of--way line,
14) Southeasterly along said curve to the right, having a radius of 463.00 feet, an arc length
of 15.20 feet, through a central angle of O1°52'54" and a chord bearing and distance of
5.61 °21'36"E., 15.20 feet to a point of reverse curvature; thence, continuing along said
right-of--way line,
15) Southeasterly along a curve to the left having a radius of 537.00 feet, an arc length of
4.94 feet through a central angle of 00°31'38" and a chord bearing and distance of
5.60°40'58"E., 4.94 feet to the POINT OF BEGINNING.
CONTAINING 2,791 square feet or 0.06 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of--Way, Easements of Record, and all other
encumbrances.
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SKETCH OF
WATERLINE EASEMENT
FOR
PARCEL "F" & "G" OF RECORD OF SURVEY 6786
E 1 /2 of SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
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BUILDING
LINE TABLE
LINE LENGTH BEARING
L1 15.78 S21'S6'09"W
L2 8.83 S28'36'59"W
L3 13.97 S00'00'00"W
L4 20.00 N90'00'00"W
L5 13.68 N67'30'00"W
L6 12.76 N28'36'S9"E
L7 17.03 N21'S6'09"E
ENGINEERS SURVEYORS PLANNERS
9777 CHINOEN BOULEVARD BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 FAX: 208-323-2399
E-FlLE: c:\w14s\ncnoowc\sumEr\o4t49-wA1E9ESMt DAlE:03/23/05 J08:04149
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING
C1 169.13 537.00 18'02'43" 168.43 N69'58'08"W
C2 4.94 537.00 0'31'38" 4.94 S60'40'58"E
C3 15.20 463.00 1'52'54" 15.20 S61'21'36"E
Meridian City Council
April 12, 2005
Page 2 of 58
De Weerd: Thank you. It's nice to have you here. Item No. 4 is adoption of the
agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, the fire department has requested, under the approval of
the beer, wine and liquor license renewal, that we move the Vina Chinese Restaurant to
7-B. They have some questions. And the Item F resolution number is 05-468. And
Item G is 05-469. Under Department Reports we'd like to add Item D, which is Public
Works, Brad Watson. And Item 16 on the regular agenda is Ordinance No. 05-1139, 17
is Ordinance No. 05-1140, and No.18 is 05-1141, and 19 is 05-1142. And with that I
would move that we approve the revised agenda.
Rountree: So moved.
De Weerd: Is that a second?
Wardle: Second.
De Weerd: Thank you. I have two motions and a second. All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of March 15, 2005 Pre-Council Meeting:
B. Auurove Beer. Wine. and Liauor License Renewals:
Albertsons #164 -Beer & Wine
Albertsons #180 -Beer & Wine
A New Vintage Wine Shop -Beer & Wine
Hark's Corner -Beer & Wine
Dancing Dog Coffee House -Beer & Wine
Whitewater Pizza & Pasta -Beer 8~ Wine
Wingers -Beer & Wine
JB's Restaurant -Beer & Wine
Wal-Mart Store -Beer & Wine
Andrade's -Beer & Wine
C. Water Main Easement for Trout. Weeks & Nemec Law Office by
EIG Commercial, LLC:
D. Water Line Easement for Julie Subdivision (Church Property):
Meridian City Council
April 12, 2005
Page 3 of 58
E. Water Main Easement for Church Property (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints:
F. Resolution No. 05-468 Parks and Recreations New
Fees:
G. Resolution No. 05-469 VAC 05-002 Request for a
Vacation of existing power lines, sewer, irrigation and storm water
drainage easements for Boise Valley Commons by CSHQA -
2400 East Overland Road:
H. Well 20B -Construction Services Agreement with CH2M Hill:
De Weerd: Okay. Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that on the Consent Agenda that Vina Chinese Restaurant be pulled to
7-B and that Item F be noted as Resolution No. 05-468 and Item G be 05-469 and I
move that we approve the Consent Agenda with the Mayor to sign and the Clerk to
attest.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no further
changes, Ms. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's Office
1. Employee Service Awards:
De Weerd: Thank you. Okay. Item No. 6 are the Department Reports. Tonight I have
the honor to recognize a couple of our staff members, our city staff members. It's
always a great opportunity to recognize our staff for longevity with the city and I don't
know if I even see some of these people here. I would like to recognize those with five
years of service. We have Terry Anderson, Joe Silva, and Greta Seals. If you will
come forward? We just want to thank you for the years of service with the city. It's with
dedication and long-term employees like this that we are able to do real extraordinary
Meridian City Council
April 12, 2005
Page 4 of 58
things that we do in the city. Greta, do you want to come forward as well. The city has
been able to do some pretty amazing and pro-active things and I believe it's truly
because of the dedicated city employees that we have. So, it is my honor to recognize
your years of service tonight and, Terry, I have a certificate. Thank you. We appreciate
you coming tonight. And, lastly, I'd like to recognize one of our police department
personnel, Captain John Overton. He has been with us for 15 years and he certainly --
we have seen him move up through the ranks and continue to be amazed at the good
work that he does and appreciate your years of service, Captain, congratulations. Mr.
Nary, I think that HR needs to recognize Councilman Bird for his years of service, so if
we can get that on the agenda --
Bird: Oh, you have already given me one.
De Weerd: Oh, did I?
Bird: But you didn't give me a --
De Weerd: The what?
Rountree: He didn't get the button.
Bird: I didn't get the button.
Nary: Different mayor.
Bird: Different mayor.
2. Farmers and Merchants State Bank Old Bank Building:
De Weerd: Sorry, you just didn't choose the right mayor to serve under. Okay. Item
No. 2 is regarding the Farmers and Merchants State Bank. I have kind of briefly
mentioned this to you and we talked about the offer of Farmers and Merchants on their
vacated building that was going to be torn down. In light of the shortage here and the
lack of space that we have at City Council, they have offered use of that building if we
would just pay for the utilities and the taxes. I believe that Anna has looked at the
Conditional Use Permit for the new building. We would have to go in and modify the
CUP to extend the date of demolition of the building for two years and -- in order for us
to do that and we can proceed along that line if you approve this tonight. The cost for
utilities and taxes would be a little over 1,200 dollars a month. Claire Bowman with
Meridian Development Corporation would also like to have an office in that building and
so that cost would be slightly less with the participation of the MDC upon their board's
approval. So, Council, I would open up any questions you might have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.