Waterline and Watermeter Easement with Evans, William David Evans and Caroline F. Evans for Bonito SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 S
BOISE IDAHO 09102105 10:40 AM
RECORDED~nREQUEST OF III IIIIIIiIIIIIIIIIIIIIIIIIIIIII'I III
Meridian City 105127519
WATER LINE AND WATERMETER EASEMENT
THIS INDENTURE, made this ~ day of ~J~, 2005, between William David Evans and Caroline F.
Evans, husband and wife, 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 theright-
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 and 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 shal I 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 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 Line and Watermeter Easement
04107-Easement Water.doc
P~~
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 first herein above written.
GRANTOR: WILLIAM DAVID EVANS AND CAROLINE F. EVANS, husband and wife,
illiam David Evans ,~
Caroline F. Eva s ~
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STATE OF IDAHO )
ss
County of Ada )
On this ~~ ~ day of GC 5~ • , 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared William David Evans and Caroline F. Evans, known or
identified to me to be the husband and wife that executed the within instrument, and acknowledged to
me that said entity 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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Water Line and Watermeter Easement 04107-Easement Water.doc
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GRANTEE: CITY OF MERIDIAN
Tammy de Weer , ~ ~~
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Attest by William G. B g, Ci Clerk ~ F ~.~
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Approved By City Council On: ''
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STATE OF IDAHO,
County of Ada
ss.
On this o~`'~ day of u~ use- , 2005, before me, the undersigned, a
Notary Public in and for said State, personally geared 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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Water Line and Watermeter Easement 04107-Easement Water.doc
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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
boiseC~toengrco.com
Project: 04107
Date: August 9, 2005
Sheet: 1 of 5
EXHIBIT "A"
BONITO SUBDIVISION N0.3
WATER LINE AND WATERMETER EASEMENT
DESCRIPTION
Nine parcels of land situated in portions of Lots 2 and 6, and all of Lots 4 and 5 in Block
1 of Bonito Subdivision, filed in Book 86 of Plats, at Pages 9783-9788, records of Ada
County, Idaho, located in the East '/2 of Section 20, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described
as follows:
PARCEL "A"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Section 20 and Section 21, of said Township 3 North, Range 1 East bears
5.89°54'36"W., 2664.08 feet; thence,
A) N.85°56'26"E., 1695.46 feet to the POINT OF BEGINNING; thence,
1) N.00°00'00"E., 5.00 feet; thence,
2) 5.90°00'00"E., 20.00 feet; thence,
3) 5.00°00'00"W., 5.00 feet; thence,
4) N.90°00'00"W., 20.00 feet to the POINT OF BEGINNING
CONTAINING 100 square feet, more or less.
PARCEL "B"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
B) N.85°03'29"E., 1852.54 feet to the POINT OF BEGINNING; thence,
G:\04107\WPF[LES\Le~al Descriptions\Exh_Water Meter Easement.doc
BOISE • COEUR d'ALENE
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 04107
Date: August 9, 2005
Sheet: 2 of 5
5) 5.89°56'01"W., 14.77 feet; thence,
6) N.00°03'59"W., 20.00 feet; thence,
7) N.89°56'01"E., 16.87 feet; thence,
8) S.OS°54'48"W., 20.11 feet to the POINT OF BEGINNING
CONTAINING 316 square feet, more or less.
PARCEL "C"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
C) N.84° 14' 14"E., 2044.84 feet to the POINT OF BEGINNING; thence,
9) N.85°14'49"W., 11.98 feet; thence,
10) N.07°44'37"W., 20.49 feet; thence,
11) 5.85°14'49"E., 16.71 feet; thence,
12) S.0.5°37'41"W., 20.00 feet to the POINT OF BEGINNING
CONTAINING 287 square feet, more or less.
PARCEL "D"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
D) N.85°30' 10"E., 2135.16 feet to the POINT OF BEGINNING; thence,
13) N.00°32'33"E., 10.42 feet; thence,
14) 5.75°00'00"E., 20.65 feet; thence,
15) 5.00°32'33"W., 10.33 feet; thence,
16) N.75°14' 13"W., 20.63 feet to the POINT OF BEGINNING
CONTAINING 207 square feet, more or less.
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5 •9
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TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 04107
Date: August 9, 2005
Sheet: 3 of 5
PARCEL "E"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
E) N.86°59'46"E., 2125.99 feet to the POINT OF BEGINNING; thence,
17) 5.76° 16' 11 "E., 20.54 feet; thence,
18) 5.00°32'33"W., 7.07 feet; thence,
19) N.89°27'27"W., 20.00 feet; thence,
20) N.00°32'33"E., 11.76 feet to the POINT OF BEGINNING
CONTAINING 188 square feet, more or less.
PARCEL "F"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
F) N.86°27'23"E., 2002.64 feet to the POINT OF BEGINNING; thence,
21) N.82° 14' 00"E., 12.85 feet; thence,
22) 5.06°34'02"E., 20.00 feet; thence,
23) 5.83°25'58"W., 6.71 feet; thence,
24) N.07°30'00"W., 16.03 feet; thence,
25) 5.82°30'00"W., 5.87 feet; thence,
26) N.06°34'02"W., 3.80 feet to the POINT OF BEGINNING
CONTAINING 159 square feet, more or less.
PARCEL "G"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
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TOOTHMAN-~RTON ENGINEERING COMPANY
Project: 04107
Date: August 9, 2005
Sheet: 4 of 5
G) N.88°52'46"E., 2008.68 feet to the POINT OF BEGINNING; thence,
27) N.82°14'00"E., 13.09 feet; thence,
28) 5.06°34'02"E., 20.00 feet; thence,
29) S.83°25'58"W., 3.66 feet; thence,
30) N.07°30'00"W., 9.12 feet; thence,
31) 5.82°30'00"W., 9.28 feet; thence,
32) N.06°34'02"W., 10.76 feet to the POINT OF BEGINNING
CONTAINING 175 square feet, more or less.
PARCEL "H"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
H) N.89°25'29"E., 1760.36 feet to the POINT OF BEGINNING; thence,
33) 5.90°00'00"E., 20.00 feet; thence,
34) 5.00°O1' 1 S"E., 4.09 feet; thence,
35) N.90°00'00"W., 20.00 feet; thence,
36) N.00°O1' 15"W., 4.09 feet to the POINT OF BEGINNING
CONTAINING 82 square feet, more or less.
PARCEL "I"
COMMENCING at the Center 1/4 corner of said Section 20, from which the corner
common to said Sections 20 and 21 bears 5.89°54'36"W., 2664.08 feet; thence,
I) N.88°25'55"E., 1681.83 feet to the POINT OF BEGINNING; thence,
37) 5.90°00'00"E., 20.00 feet; thence,
38) 5.00°00'00"W., 4.39 feet; thence,
39) N.90°00'00"W., 20.00 feet; thence,
40) N.00°00'00"E., 4.39 feet to the POINT OF BEGINNING
CONTAINING 88 square feet, more or less.
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Page_-____A Q
TOOTHMAN-VItTON ENGINEERING COMPANY
Project: 04107
Date: August 9, 2005
Sheet: 5 of 5
CONTAINING IN TOTAL 1,602 square feet or 0.04 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of--Way, Easements of Record and any
other encumbrances.
EXHIBIT "B" attached, and by this reference, made a part hereof.
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Meridian City Council
August 23, 2005
Page 2 of 62
Item 4: Adoption of the Agenda:
De Weerd: Thank you for joining us this evening. Item No. 4 is adoption of the agenda.
Mr. Bird.
Bird: Madam Mayor, on the agenda under the City Council, President's report, we have
resolution number, it's 05-487, and in the regular agenda, Item No. 19 is an ordinance
and its number is 05-1173. And with that I would move that we approve the agenda as
printed.
Rountree: Second.
De Weerd: Okay. The motion was to approve the agenda as stated. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of July 26, 2005 City Council Regular Meeting:
B. Sanitary Sewer Easement Agreement for Devon Park (Lots 1,
2, & 3):
D. Water Main Easement Agreement for Advance Health Care by
Copper Point Investors, LLC:
E. Water Line Easement Agreement for Bonito Subdivision No. 3:
F. Notice of Award and Agreement for Construction of mini-park
at Fire Station No. 4 between the City of Meridian and RSCI:
G. Award of Bid for Meridian Settler's Park Ustick Road
Improvements to Hillside Landscape Contractors:
H. Approve Beer License for Maverick Country Store - 1545 East
Overland Road:
I. Hold Harmless Agreement for Participation in Activities
And/Or Use of Facilities with Meridian Joint School District No.
2:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
Meridian City Council
August 23, 2005
Page 3 of 62
De Weerd: Mr. Bird.
Bird: We have had one request to move Item C on the Consent Agenda to 7-C on the
regular agenda and with that I would move that we approve the Consent Agenda,
excluding Item C, 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 with the removal of Item C to
7-C. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Planning Department -Brad Hawkins-Clark
1. Presentation of DEQ Brownfield Application:
De Weerd: Thank you. Item 6 is the planning department. Brad.
Hawkins-Clark: Thank you, Mayor, Members of the Council. The planning department
a couple years ago now worked with the EPA Region Ten office to get an application
that they call a Target Brownfield Assessment for the creamery and we were successful
in getting that grant and DEQ worked with us to help follow that up, as you well know.
Since that time we have had some conversations with our local DEQ office. about
another program that they offer called an area wide assessment and Aaron Sheft is with
the Brownfield's division at DEQ here and the main goal of this tonight is if you could
just sort of -- what we are asking for is for your blessing, if you will, on our department to
proceed with filing an application that would go to EPA Region Ten office for this
program. And so rather than me trying to give you the highlights of it, I asked if Aaron
could come. So, if you're okay with that, he could give you a bit of an overview and,
then, we are just asking for your direction after that.
De Weerd: Okay. Thank you, Brad. Thank you for joining us this evening.
Sheft: Thank you, Madam Mayor, Council. Appreciate the opportunity to be here to talk
to you about Brownfields. Just to clarify for the audience and for those on the Council
who may not be familiar with the term, according to EPA this is the definition of a
Brownfield, so I'm just going to read it. Real property, the expansion, redevelopment, or
reuse of which may be complicated by the presence or the potential presence of
contamination. So potential. You don't even have to be contaminated to be considered
a Brownfield. Something else that's important to know about Brownfields, in general, is
that EPA splits up the contamination into two different types. Petroleum, meaning