Water Main Easement with Eagle Fairview Investment Company, LLC for Red Robin 109ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
-BOISE IDAHO 01!27!05 11:15 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I'll~ll'll'IIIIIIIIIIIIIIIIIII I II
City of Meridian 166161 ~~
WATER MAIN EASEMENT
THIS INDENTURE, made this (~~~ day of ~.r u.~. , 20 0 ~S between ~g_lg-Fairview
Investment ComganX, 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 undergound 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 operation, maintenance, repay,
replacement of a water main over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby ganted 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 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 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.
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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 ganted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of--way and easement hereby ganted
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.
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:
1
,~~~.1~ ~...
Eagle-Fairview Investment Company, LLC
Wm. Lincoln Spoor, Managing Member
STATE OF NEVADA )
ss
County of Clark )
On this ~ day of ~ld0 , 20 0~' ,before me, the undersigned, a Notary
Public in and for said State, perso ynall appeared Wm. Lincoln Spoor, known or identified to
me to be a Managing Member of the limited liability company ofEagle-Fairview Investment
Company, LLC and the manager who subscribed said company name to the foregoing
instrument, and acknowledged to me that he executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
s~n~.wooiw
~tORMrPts~.jC•sntttEOFpEw~W N ary Pu lic for Nev a
o~-tENtt~rdP'tt~o~tooo Residin at: a e ~
Cd1iiRQll1'E NOc91.t9lW g
My commission ex Tres: r ~ i~. f D8~
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CITY OF MERIDIAN
Tammy„~'e Weerd,
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G. Berg, Jr., City
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Approved by Council on
STATE OF IDAHO, )
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County of Ada, )
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On this ~Z5' day of w ,2005, before me, the undersigned, a
Notary Public.in and for the State of Idaho, ersonally 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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SEAL ~•.r'~~~1C'$ L ~f~•i•••~tiYU.u
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FOUND BOLT
C.P.k F. NO. 9223984
EXHIBIT "A"
~ E. FNRVIEW AVENUE S 89'35'15 E
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- - - - -EASEMENT, INSTR. NO. 103108307 - - - - ~ ~ ~
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12' EASEMENT PER PUT OFI ~f I
KRISPY KREME SUBDIVISION I I II I Q
10' E%ISTING DRAINAGE I
AND UTILITY EASEMENT ~I ~_I ~ Q
FROM PUT Oi TREASURE VAl1EY I 7 it I ~
BUSINESS CENTER- PHASE 1
10' EXISTING PRESSURE IRRIGAl10N~ LEI I W
EASEMENT, INSTR. NO. 1 031 0 6 30 7 I I J
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I I I ~ ANDEUPln1TY EASIAAENT PARCEL C
I I I FROM PUT OF TREASURE VALLEY LOT 4
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\\~\~~ 12' EASEMENT PER PUT Oi
~EWEL. ~~ -_ ~ \ ~.l KRISPY KREME SUBDIVISION
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_ SEE PLAT OF KRISPY KREME SUBDIVISION
BOOK BB, PAGES 70167-10769 AND RECORD OF
SURVEY No. 1)1)68 FOR ADDITIONAL DATA OF RECORD
89
REVISION . ~'~ CITY OF MERIDIAN EASEMENT ON BRIGGS ENGINEERING, INC.
PARCEL A OF R.O.S. #6688 B R I G G S
SHEEP 1 OF 1 ENGINEERS PLANNERS SURVEYORS
EASEMENT EXHIBIT
SHEET 1800 W. OVERLAND ROAD ' BOISE, IDNiO 83705 ' (208)344-9700
DWG DATE: DWG N0. SCALE: These drawings, or any portion thereof, shall not be used
01/04/05 DPM 41012 N.T.S. on any Project or extensions of this Project except by
\41012-EASE-Meridian.DWG written agreement from Briggs Engineeripq, Inc.
EXHIBIT B
DESCRIPTION FOR
CITY OF MERIDIAN AND PUBLIC UTILITY EASEMENT ON
PARCEL A OF R.O.S. 6688
EAGLE-FAIRVIEW INVESTMENT CO. LLC, GRANTOR
January 3, 2005
EASEMENT FOR THE CITY OF MERIDIAN AND PUBLIC UTILITIES ACROSS A PORTION OF
PARCEL A OF RECORD OF SURVEY NO. 6688, LYING IN THE NE 1/4 OF SECTION 8,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
25' CITY OF MERIDIAN AND PUBLIC UTILITY EASEMENT -PARCEL A:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 3 NORTH,
.RANGE 1 EAST, BOISE MERIDIAN, THENCE S 01°08'45" W 502.87 FEET ALONG THE EAST
LINE OF SAID SECTION 8 TO A POINT, THENCE N 90°00'00" W 298.49 FEET TO THE
BEGINNING POINT OF THIS EASEMENT DESCRIPTION;
THENCE S 00°24'45" W 25.00 FEET TO A POINT;
THENCE N 89°35'15" W 168.38 FEET TO A POINT;
THENCE N 00°24'45" E 25.00 FEET TO A POINT;
THENCE S 89°35'15" E 168.38 FEET TO THE ENDING POINT OF THIS EASEMENT
DESCRIPTION;
SEE ATTACHED EXHIBIT DRAWING.
AND
WAYNE K. BARBER ~ ,~A"~"4 4 ~ P.L.S. 8444
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,~ 5
Meridian City Council
January 18, 2005
Page 2 of 38
for our city. Father, we just pray for an extra special blessing on them tonight as well,
also on their families, we just pray that you continue to be with them. We thank you for
this and all things in Jesus name, amen.
De Weerd: Thank you so much. It's been such a great partnership with the Meridian
ministerial fellowship. We appreciate you coming every single week to join us.
Ragan: We appreciate the invite. Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Okay. Item No. 4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: One item on our Consent Agenda, Item L, has been requested to be pulled from
the Consent and moved to 7-L and to my knowledge that's the only revision we need
and I would move that we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is to approve 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 December 21, 2004 City Council Regular
Meeting:
B. Approve Minutes of January 4, 2005 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: MI 04-
011 Request to amend / replace the existing Development
Agreement for the former Valeri Heights Subdivision for
Sommersby Subdivision by Confluence Management, LLC -
NEC of West Pine Avenue and North Ten Mile Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 04-
035 Request for Preliminary Plat approval for 62 building lots (8
office, 33 multi-family, 9single-family attached, 12 -garage lots)
and 6 common lots on 12.731 acres in L-O and R-15 zones for
Meridian City Council
January 18, 2005
Page 3 of 38
Sommersbv Subdivision by Confluence Management, LLC -
NEC of West Pine Avenue and North Ten Mile Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
04-040 Request for a Conditional Use Permit (Planned
Development) for reductions to the minimum requirements for lot
size, street frontage, setbacks and increased lot coverage in L-O
and R-15 zones for Sommersbv Subdivision by Confluence
Management, LLC -NEC of West Pine Avenue and North Ten Mile
Road:
F. Findings of Fact and Conclusions of Law for Approval: RZ 04-
015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for
the retirement complex at Devon Park Subdivision No. 2 by
Fairview Lakes, LLC - 824 East Fairview Avenue:
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-049 Request for detailed Conditional Use Permit approval for
Fairview Lakes Phase II of the commercial development along
East Fairview Avenue, which includes two drive-up windows; also,
for the residential portion, a 30-unit Alzheimer facility with the
retirement complex by Fairview Lakes, LLC - 824 East Fairview
Avenue:
H. Development Agreement: AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683
West Chinden Boulevard:
I. Engineering Services for Miscellaneous Wastewater Proiects:
J. Westborough Subdivision Lift Station Agreement:
K. Permanent and Temporary Easement Contract for the North
Slough Sanitary Sewer Project by David Turnbull:
M. Water Main Easement for Red Robin by Eagle -Fairview
Investment Co., LLC:
N. Sanitary Sewer Easement for Sageland Subdivision:
O. Streetlight Agreement for Soda Springs by Todd Campbell
Construction:
P. Streetlight Agreement for Settlement Bridge No. 1:
Meridian City Council
January 18, 2005
Page 4 of 38
Q. Sanitary Sewer and Water Main Easement for R. Orville
Thompson:
R. Master Agreement and License for Landscape Maintenance
Ada County Highway District's Storm Water Drainage
Facilities:
S. Meridian Fire Department / Ada County Paramedic Stationing
and Coordination of Services Agreement:
De Weerd: Okay. Item 5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda with one change, Item L go to 7-L on the
regular 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 with the removal of L.
Is there any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Public Works Department -Brad Watson
1. Wastewater Facility Plan Update & Sewer Master Plan
Update:
De Weerd: Thank you. Brad, you're up with the department reports.
Watson: Thank you, Madam Mayor and Council members. I had a challenge to
captivate you with this agenda item tonight.
De Weerd: Oh, we can tell it will be captivating.
Watson: I wrote a memo today, just today, and gave it to Will. Hopefully, that's being
passed down to you, that describes what we are doing here. As I stated in my memo,
it's been two and a half long years of trying to get the facility plan for the wastewater
treatment system and collection system approved and through DEQ. We signed a