Water Main Easement with Cherry Crossing LLC for Cherry Crossing Subdivision No. 2ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ;
BOISE IDAHO 06/29/05 10:59 AM
DEPUTY Patti Thompson II I I I II II II I I II II I II I ~ II I II I I I' I II III
RECORDED-REQUEST OF
City of Meridian 1 ~~~$~~~~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~~ day of, 2005 between Cherry Crossing, L.L.C., the parties of the
first part, and hereinafter called the Grantors, arffl 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 shall restore the area of the easement and adj acent 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
Water Main Easement Robnett Meridian
Water Main Easement.doc
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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 first herein above written.
GRANTOR:
Cherry Crossing, .L. .
By: Mike Robnett it's member
STATE OF IDAHO )
ss
County of Ada )
On this ~/S~ day of , 2005, before me, the undersigned, a Notary Public in
and for said State, personally ap ared Mike Robnett, known or identified to me to be a Member of
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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NOTARY PUBLIC
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Water Main Easement Robnett Meridian
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Tammy de Weerd,
Attest by William G
Approved By City Council On:
STATE OF IDAHO,
County of Ada
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On this ;~~ 5 ~ .day of ~ u~ e , 2005, before me, the undersigned, a
Notary Public in and for said State, 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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FIRE HYDR=ANT EASEMENT
CHERRY CROSSING SUBDIVISION NO. 2
A permanent fire hydrant easement over under and across a portion of Parcel A of
RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada
County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISIONNO. 2
as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477
records of Ada County, Idaho, in the SE1/4 of the SE1/4 of Section 2, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at a 1/2 inch rebar marking the Southeast Corner of Parcel A of said
RECORD OF SURVEYbeing the POINT OF BEGINNING of the following described
fire hydrant easement, from which a 1/2 inch rebar marking the Northeast Corner of said
Parcel A bears N00°00'00"W a distance of 335.64 feet;
Thence along said East line N00°00'00"W a distance of 20.00 feet to a point;
Thence leaving said East line and parallel with the South line of said Parcel A
S89°57'51"W a distance of 118.23 feet to a point;
Thence N00°02'09"W a distance of 5.00 feet to a point;
Thence S89°57'51"W a distance of 20.00 feet to a point;
Thence S00°02'09"E a distance of 25.00 feet to a point on the South line of said Parcel
A;
Thence along said South line N89°57'51"E a distance of 138.22 feet to the POINT OF
BEGINNING.
Said easement contains approximately 2,865 square feet or 0.07 acres, more or less and
is subject to all existing easements and rights-of--ways of record or in use.
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C056029_fire hydrant_easement_legal_051705hwe.doc
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FIRE HYDRANT EASEMENT FOR
CHERRY CROSSING SUBDIVISION NO. 2,
OVER, UNDER AND ACROSS PARCEL A OF RECORD OF SURVEY N0. 8742
BEING A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDIVISION NO 2
LOCATED IN THE SE1/4 OF THE SE1/4 OF SECTION 2, T011NSHD? 3 NORTH, RANGE 1 1-EST, BOISE MERIDIAN,
CITY OF MERIDIAN ADA COUNTY, IDAHO
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CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. Executive Dr., Suite B, Boise, Idaho
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(208) 887-7760
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Meridian Ciry Council
June 21, 2005
Page 2 of 47
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have some additions and deletions. Under the Consent Agenda, Item C
needs to be pulled. It's not ready in its entirety. Anna has asked under department
reports we have a Planning and Zoning Item A, Planning and Zoning by Anna. And the
Mayor has asked if we -- Item 20, could have an Executive Session under Idaho State
Code 67-2345(1)(f). And with that I'd move that we adopt the revised agenda.
Rountree: Second.
De Weerd: Okay. Anna, Item A under department reports, would that have anything to
do with a vendor?
Canning: No, ma'am.
De Weerd: Like a hot dog vendor?
Canning: No, ma'am.
De Weerd: Maybe you ought to have an A and a B; right? We should have an update.
Canning: Okay.
De Weerd: Okay.
Bird: I agree with that.
De Weerd: Okay. The second agrees?
Rountree: That's fine with me.
De Weerd: Okay. Thank you. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIES: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 24, 2005 City Council Regular Meeting:
B. Sanitary Sewer and Water Main Easement for Ferguson
Enterprises, Inc.:
C. Request to Dispose of computer equipment:
Meridian City Council
June 21, 2005
Page 3 of 47
D. Resolution No. 05-475 Amendment to Standard
Operation Policy and Procedure Manual to Add New Policies;
2.9 (Trial Service Period for Promotions and Transfers; 5.5
Director's Benefits Program; 6.2.6 Cell Phones and 6.14
Clothing Attire and Allowance; And Also to Amend the
Following Policies 2.8 Introductory Period of Employment; 3.4
Compensation Program; 4.5 Bereavement Leave; 4.7 Military
Leave; 5.4 Education Reimbursement and 6.2.2 Use of City
Owned Telephones and Cell Phones, Fax and Copy Machines
and Computers:
E. Sanitary Sewer and Water Main Easement for Bonito No. 2:
F. Sanitary Sewer and Water Main Easement for Mussell Corner
Subdivision:
G. Water Main Easement for Cherry Crossing No. 2:
H. Water Meter Easement for Cherry Crossing No. 2:
I. Three Party License Agreement with Nampa Meridian Irrigation
District -Master Pathway:
J. Three Party License Agreement with Nampa Meridian Irrigation
District -Finch Lateral (aka South Slough):
K. Streetlight Agreement for Settlement Bridge No. 2:
L. Agreement for Hookup to Services, outside of City Limits for
Mr. David R. Purnell (5930 North Locust Grove Road):
M. Amendment to Historic Preservation Consultant Agreement:
N. Approve Beer and Wine License for Harvest Buffet - 48 East
Fairview Avenue:
O. Water Main Easement for Direct Buv (2,535sgf easement):
P. Water Main Easement for Direct Buv (3,649sgf easement):
Q. Approve Bills:
De Weerd: Item No. 5.
Bird: Madam Mayor?
Meridian City Council
June 21, 2005
Page 4 of 47
De Weerd: Mr. Bird.
Bird: I move on the Consent Agenda that we pull item number C and the resolution
number on item D is 05-475 and with that I move we approve the Consent Agenda and
for the Mayor to sign and the clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda as amended. 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:
1. Unified Development Code:
De Weerd: Okay. Item 6 is Department Reports. I'll go ahead and turn this over to
Anna.
Canning: Madam Mayor, Members of the Council, the first item I wanted to talk to you
about was two weeks ago in my raspy normal sore throat voice we talked about the new
zoning ordinance, the Unified Development Code, and you had indicated that tonight
you would be ready to give me a hearing date, so that we could go ahead and notice
that and move that along in the process.
De Weerd: Okay. Council, do you have anything you would like to raise with Anna in
regards to the code needing further clarification or are you ready to set a hearing date?
I would note, just as a recognition, the City of Meridian attended last week our
Association of Idaho Cities and the process used to develop the Unified Development
Code through our Process Improvement Group, utilizing stakeholders, received an
award, a city achievement award, so I would like to congratulate our director Anna.
Canning: Thank you for everybody.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird?
Bird: I'm ready to bring it forward and set a Public Hearing and get on with it.