Water Main Easement with Albertson's Inc. for Albertson's South Easement' ~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08!18105 01:13 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIII'lllll'IIII'I'IIII'll'lll II'I
Meridian Ciry 1 ~~ 117 12
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day o 2005, between Albertson's, Inc., a Delaware
corporation, the party of the first part, and hereinafter c ed the Grantor, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantor desires 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 Grantor, and other good
and valuable consideration, the Grantor 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)
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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees 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 EASMT WTR MAIN
THE GRANTOR does hereby covenants with the Grantee that it is lawfully seized and possessed of
the aforementioned and described tract of land, and that it has a good and lawful right to convey said
easement, and that it 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:
Albertson's Inc.
a Delaware corporation
By: CSC-~--~
William H. Arnold
Group Vice President, Real Estate La~
By:
Julie Backe
Assistant Secretary
STATE OF IDAHO )
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County of Ada )
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On this ~ day of , 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared Iliam H. Arnold and Julie Backe, known or identified to me to be the
Group Vice President, Real Estate Law, and the Assistant Secretary, respectfully, of Albertson's Inc., a
Delaware corporation, the corporation that executed the within instrument, and acknowledged to me that such
corporation 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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Approved by Council on
STATE OF IDAHO, )
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On this day of +~ /- ,2005, before me, the undersigned, a
Notary Public in and for the State of I o, 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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CITY OF MERIDIAN
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CIVIL AND STRUCTURAL ENGINEER/NG
SOUTH EASEMENT DESCRIPTION
for Albertson's Stub Street
Job No. 04150 July 26, 2005
Land within the SW1/4 of Section 9, T3N, R1E, B.M., City of Meridian, Ada County,
Idaho, as follows:
COMMENCING at a brass cap monument marking the West Corner of said Section 9,
and as shown on Corner Perpetuation Form, Inst. No. 1827911;
thence along the€ast-West Centerline of said Section 9, rSorth 89°10'47" East,
1737.18 feet;
thence South 00°00'00" East, 45.00 feet, to a point on the southerly right-of-way of E.
Pine Ave.;
thence South 00°00'00" East, 140.00 feet
thence North 90°00'00" East, 8.00 feet;
thence South 00°00'00" East, 309.40 feet, to a point on the southerly line of "Parcel 2,
as shown on "Record of Survey for an Administrative Split" Survey No. 6753, Ada
County, Idaho Survey Records, said point being South 66°38'14" East, 10.89 feet from
a found 5/8 inch rebar, with a plastic cap marked "PLS 972", which marks the
Northeastern corner of Lot 6, Block 2, Commerce Park Subdivision, as per the Plat
thereof in Book 45, at Page 3721, Ada County, Idaho Plat Records, and the POINT OF
BEGINNING;
thence along said southerly line, South 66°38'14" East, 58.82 feet;
thence parallel with, and 64.00 feet East of, the East Line of said Commerce Park
Subdivision, South 00°00'00" East, 406.32 feet;
thence North 89°56'24" West, 64.00 feet, to a point on the East right-of--way of
Commercial Court, as shown on the Plat of Commerce Park Subdivision;
thence along said right-of-way, North 00°00'00" East , 50.00 feet;
thence South 89°56'24" East, 2.00 feet;
thence parallel with, and 2.00 feet East of, the East Line of said Commerce Park
Subdivision, North 00°00'00" East, 140.00 feet;
thence South 89°56'24" East, 8.00 feet;
thence parallel with, and 2.00 feet East of, the East Line of said Commerce Park
Subdivision, North 00°00'00" East, 239.59 feet, to the POINT OF BEGINNING.
Containing 24,189 square feet, more or less.
P:\Albertsons\Stub St\Drawings\Survey\EASEMENT\S Parcel Desc.DOC
"1't°easure V;~IIe~~ I~anglneers, Inc.
560 E ~ra.nklin Rd, Su~le 22t}
Nampa, Idaho 43f1,7
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1682-05
Meridian City Council
August 9, 2005
Page 2 of 58
De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the agenda -- not a revised agenda, by the way.
Rountree: Second.
Bird: As published.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as presented.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 3, 2005 City Council Special Meeting:
B. Approve Minutes of July 12, 2005 Pre-Council Meeting:
C. Approve Minutes of July 12, 2005 City Council Regular Meeting:
D. Sanitary Sewer and Water Main Easement Agreement for
Strada Bellissima:
E. Water Service Easement for Metro Car Wash by EP Crossin
LLC:
F. Water Service Easement for Metro Car Wash by ABC2, LLC:
G. License Agreement with Nampa and Meridian Irrigation District
for Strada Bellissima, LLC:
H. Black Cat Trunk Sewer and Lift Station Project Addendum No.
4 with JUB Engineers:
I. Permanent and Temporary Easement Contract for the Black
Cat Sewer Project.
J. Change Order No. 1 for the Franklin Road Waterline Extension.
K. Approve Transfer of Beer License for Baia Taco for Michael
Eddy -1725 West Franklin Road, Suite 120:
Meridian City Council
August 9, 2005
Page 3 of 58
L. Approve Liquor License Transfer from Eddy's to Baia Taco for
Michael Eddy -1725 West Franklin Road, Suite 120:
M. Water Main Easement for Albertson's Stub Street (North
Portion
N. Water Main Easement for Albertson's Stub Street (South
Portion:
O. Sanitary Sewer and Water Main Easement for Lot 5, Block 2
Medimont Subdivision with Falash and Ross:
P. Award of Bid for West Ustick Water & Sewer Project to Paul
Construction:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I 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. Motion to approve the Consent Agenda. Is there any discussion? If
not, Mr. Berg?
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Finance Department -Stacy Kilchenmann
1. Finance Report:
De Weerd: Thank you. Okay. Item 6 from Department Reports, we will start with our
finance department. Stacy.
Kilchenmann: Good evening, Mayor, Members of the Council. I gave this report this
morning to our finance -- or to our directors and their eyes just glazed over. So, I'm not
going to spend very much time on it. We are down to a month and a half left of the