Water Main Easement with Buffalo Hump, LLC for Waltman Court•, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 c
BOISE IDAH010131105 02:i6 PM
DEPUTY Patti Thompson III IIIIIIIIIIIIIII~IIIIIIIIIIIIIII III
RECORDED-REQUEST OF 1@S164E123
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this "`i' day of c 2005 between Buffalo Hump, LLC, 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 the right
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 & 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 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 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 easan~t 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
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effect and shall be completely relinquished.
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 fast herein above written.
GRANTOR:
Buffalo Hump, LLC
hane Mace
Managing Member
STATE OF IDAHO )
ss
County of Ada )
On this ate- day of 20 sbefore me, the undersigned, a Notary Public in
and for said State, personally appeared Shane Mace, known or identified to me to be a Managing
Member, respectively, of the Limited Liability Company that executed the within instrument, and
acknowledged to me that such Limited Liability Company 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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GRANTEE: CITY OF MERIDI \*\~~~~~~~, ~(~.r r r'~J~~ %,``%
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Tammy de Weer M or - ~~,~L
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Attest by William G. Berg, C' Cler '~~,, (, ~.~`
Approved By City Council On: ~_
STATE OF IDAHO,
County of Ada
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on this yf~ day of I~C-~ob~/ , 20 ~> ,before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
3R., 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.
IN WITNESS WHEREOF, I have hereunto set my hand and afI"ixed my official seal the day and year first
above written. ~~~.•••.•.,.•..,,.
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Boundary Description
Track Utilities, Waltman Court Subdivision Lot 3, Block 2
Water Main Easement
A water main easement located in the SW'/4 of the NE'/4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly comer of
said SW'/4 of the NE'/4 (Center'/4 Comer), from which a brass cap monument
marking the southeasterty comer of the NE'/~ of said Section 13 (1/4 Comer)
bears S 89°52'22" E a distance of 2642.81 feet;
Thence S 89°52'22" E along the southerly boundary of said SW'/ of the NE %4 a
distance of 1321.57 feet to a 5/8 inch diameter iron pin marking the southeasterly
comer of said SW f of the NE'/4;
Thence N 0°13'29' E akmg the easfie~rly boundary of said SW ~ of the NE'/. a
distance of 25.00 feet to a point;
Thence continuing akmg said easterly boundary N 0°13'29' E a distance of
635.01 feet to a point;
Thence leaving said easterly boundary S 89°33'18° W a distance of 164.38 feet
to a point along the southerly right-of--way line of West Corporate Drive;
Thence leaving said rrc~ht-~~ tine S 0°14'OT E a distance of 12.36 fEet to the
POINT OF BEGINNING;
Thence S 21°35'44' E a distance of 96.65 feet to a point;
Thence S 68°24'16A W a distance of 20.00 feet to a point;
Thence N 21 °35'44' W a distance of 96.22 feet to a point;
Thence N 89°33'18" E a distance of 18.47 feet to a point;
Thence N 0°14'07'° W a distance of 7.62 feet to the POINT OF BEGINNING;
This parcel contains 1858.34 square feet (0.043 acres) and is subject to any
other easement existing or in use.
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Clinton W. Hansen, P.L.S.
Land Solutions, P.C.
September 20, 2005
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TRACK UTILITIES OFFICE /SHOP
LOT 3, BLOCK 2 OF WALTMAN COURT SUBDIVISION
WATER MAIN EASEMENT
LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2005
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L/N£ TABLE
L/NE BEAR/NG 0/STANCE
L1 S 01'1407" E 12.36'
L2 S 2135'44" E 96.65'
L3 S 68'24'16" W 20.00'
L4 N 2135'44" W 96.22'
L5 N 8933'18" E 18.47'
L6 N O'14 07" W 7.62'
L7 S 89'33'18" W 164.38'
231 E. 5TH ST., STE. A
MERIDIAN, ID 83642
X208) 288-2040 fax (208 288-2557
www.landsolutions.biz
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LEGEND
SET 1/2" IRON PIN WITH PLS 1 1 1 18
0 PLASTIC CAP
• FOUND 5/8' IRON PIN
® SET 5/8' IRON PIN WITH PLS 1 1 1 18
PLASTIC CAP
FOUND BRASS CAP MONUMENT
- SECTION LINE/CENTER UNE
- - EASEMENT LINE
BOUNDARY LINE
C 1/4 1321.57 _ L25 _ 1321.24' 13~ 1B
CP~F /NST. S 89'5222' E CE 1/16 ?642.81' E 1/4
/9016819 BIS/S OF BEARING WALTMAN LANE CPetF /NST.
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Meridian City Council
October 4, 2005
Page 2 of 61
and if you will all join us in the community invocation or take this as an opportunity for a
moment of silence. Thank you for joining us.
Regan: Madam Mayor, Members of the Council, shall we pray. Father, we come
before you tonight, Lord, thankful for this time that we have. Lord, we thank you for the
time that these individuals have, Lord, to gather here tonight in service to our city.
Father, we pray as they are gathered here tonight to discuss the business of our
community, Lord, you might give each one of them wisdom and guidance in the
decisions that are made. Father, help them to know what's best for our community and
for our city. Father, give them guidance and direction down that path. Father, we pray
that your spirit might lead and guide each one of them. Lord, once again thank you for
the time. We thank you for our community. Lord, we play that you might help us in the
individual problems that our community faces, Father, that you might help us to remedy
those, Father, and give wisdom and guidance. Father, once again we thank you and
we praise you in Jesus precious name, amen. Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have on the regular agenda one request by the city attorney, so we will
add -- Item No. 21 will be changed to the ordinance 05-1188, the first reading of that
ordinance for the psuedophedrine legislation and that will term Item No. 22, the
Executive Session, and we will also be passing on Ordinances 05-1187 and 05-1188.
And with that I move we approve the revised agenda.
Rountree: Second.
De Weerd: And, Council, the pseudoephedrine ordinance in front of you is what we
discussed last week.
Bird: Yes, it is.
De Weerd: Okay. There is a motion to approve the adoption of the agenda as
amended. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Special Meeting:
Meridian City Council
October 4, 2005
Page 3 of 61
B. Approve minutes of September 6, 2005 City Council Regular
Meeting:
F. Development Agreement: AZ 05-018 Request for Annexation
and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for
Westborough Square Subdivision by JLJ Enterprises, Inc. -
SEC of Jericho Road and Chinden Boulevard:
G. Development Agreement: AZ 05-027 Request for Annexation
and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision
by The Land Group - 3295 East Falcon Drive:
H. Water Main Easement Agreement for Track Utilities Office by
Buffalo Hump, LLC:
I. Water Main Easement Agreement for Mountain West Bank:
J. Water Main Easement Agreement for Chicago Connection by
CC Investment Properties:
K. Water Main Easement Agreement for Stow-It Mini Storage:
L. Sanitary Sewer and Water Main Easement Agreement for
Redfeather Estates No. 2 by Packard Estates Development,
LLC:
M. Award of Bid for Wastewater Treatment Plant Facility
Expansion to JC Constructors, Inc.:
N. License Agreement with Nampa Meridian Irrigation for the
Black Cat Trunk Sewer Phase 1 Project.:
O. Black Cat Trunk Sewer and Lift Station Project Addendum No.
5 with JUB Engineers:
P. Agreement for Professional Services with BRS Architects for
Scope of Services for Water Division Building:
Q. Water Main Easement Agreement for Carrabba's Italian
Restaurant by EP Crossing, LLC:
R. Memorandum of Understanding for Hookup to the City of
Meridian's Sewer /Water System Outside the City Limits with
JLJ Enterprises. Inc.:
S. Approve August Financial Report:
Meridian City Council
October 4, 2005
Page 4 of 61
T. Approve Contract for Economic Develoament Coordinator:
De Weerd: Item No. 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second.
Canning: Madam Mayor, I'm sorry, I forgot to let Mr. Bird know that we need to table
Silver Oaks for one week.
Bird: Which one? Oh. Item B -- C, D, and E. Okay. I will withdraw that motion, if the
second would agree.
Rountree: I agree.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we remove Items C, D, and E from the Consent Agenda until
October the 11th, 2005, and with that approve the revised Consent Agenda and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. A motion to approve the Consent Agenda. Is there any discussion?
Approve as amended. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Human Resources Department -Bill Nary
1. Benefits for Fiscal Year 2006: