Water Service Easement with ABC2 LLC for Metro Car WashADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 09102/05 10:40 AM
DEPUTY Bonnie 0berbillig III IIIIIIIIIII'IIIIIII~IIIIII'I III'll
RECORDED-REQUEST OF 15127517
Meridian City
WATER SERVICE EASEMENT
THIS INDENTURE, made this 1st day of July, 2005 between ABC2, LLC, the parties of the first part, and
hereinaftercalledthe 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 service right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water service is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it wilt be necessaryto maintain, service and subsequentlyconnectto 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, replacementof a water
service 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,togetherwith their maintenances 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 easementandright-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, replacingor restoring anything placed within the area described in this easementthat 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 relinquihed.
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementionedand 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:
A*r~ _~-~ -~-
Secretary
STATE OF IDAHO )
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County of Ada )
On this day of _, 200Jf before me the ndersigned, a Notary Public in
and for said State, personall ppear d /~ < ~~ ~ and
known or identified to me to be the , respectively, of the
corporation that executed the within instrument, and ac n w edged to me that such corporation
executed the same.
IN WITNE~y~ WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
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Tammy de Weerd, Mayor - _
Attest by William G. Ber , Ci Clerk''<~, l~VTY ~ ~~``~~~
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Approved By City Council On: 5
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STATE OF IDAHO, )
ss.
County of Ada )
On this ~` day of ~ Ks-1- , 2005, before me, the
undersigned, a Notary Public in and for said ate, 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.
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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iMMISSION EXPIRES: o 0
TEALEY'S LAND
SURVEYING
Project No.: 2879
Date: July 28, 2005
2501 Bogus Basin Rd. • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
EXHIBIT "A"
DESCRIPTION
OF
MERIDIAN WATER SERVICE EASEMENT
ABC2, LLC
A parcel of land being a portion of Lot 1 of Block 1 of Reagan Subdivision as on file
in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for Ada County,
Idaho, situated in the NW 1/4 of Section 9, T. 3N., R.1 E., B.M., Meridian, Ada County, Idaho
and being more particularly described as follows:
COMMENCING at a brass cap marking the West 1/4 corner of said Section 9;
thence along the South line of said NW 1/4
South 89°20'42" East 70.00 feet to a point on the extended West line of said Lot 1;
thence along said extended West line
North 01°08'42" East 66.48 feet to an iron pin marking the Southwest comer of said
Lot 1; thence continuing along the West Line cf paid Lnt 1
North 01°08'42" East 124.57 feet to a point; thence leaving said West line
South 89°20'42" East 187.93 feet to the POINT OF BEGINNING; thence continuing
South 89°20'42" East 20.00 feet to a point; thence at right angles
South 00°39'18" West 10.00 feet to a point; thence at right angles
North 89°20'42" West 20.00 feet to a point; thence at right angles
North 00°39'18" East 10.00 feet to the POINT OF BEGINNING.
2879-Water-Serve-2-des.doc - dnm
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(55 hMH ~1~1S) CJ~f0~1 3~9V~ Hl?!ON ~`~° _ ~~ `~~
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 Crossing,
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 Proiect.
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 Proiect 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