Water Main Easement with Tamura, Douglas for Grace at Fairview Lakes~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO f
BOISE IDAHO 09123105 01:37 PM
RECORDEDickREQUEST OF II I I ~ II ~I I~ I I ~ II I~ ~ II II I IIII II II ~~ ~~~
Meridian City i f~S 139~7'~
WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20between ,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 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 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
effect and shall be completely relinquished.
Water Main Easement EASMT WTR.DOC
Pages
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.
Grace at Fairview Lakes, LLC
Grace LLC, Member
Doug Tamura, Member
STATE OF IDAHO )
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County of Ada )
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On this ~ day of !-~uGrc.~g-T- , 2005 , before me, the undersigned, a Notary Public in
and for said State, personally appeared Doug Tamura, known or identified to me to be a Member of
the Limited Liability Company that executed the within instrument, and acknowledged to me that
such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~.--~gLC~- /,.
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing at Mr ei p c ,~N ~p/~t}p
Commission Expires: o~ f Za f Zc~aB
GRANTEE: CITY OF MERIDIAN
Water Main Easement
EASMT WTR.DOC
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Approved By City Council On. ~~ T ~~
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Tammy de W erd, o ,~`~~, ~'%,
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Attest by William G. Berg, ity Clerk y ~Q
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STATE OF IDAHO,
County of Ada
ss.
On this 6 day of .~~c' ~~, er , 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.
(SEAL) ~ * ~~ l.SOTq ~~~~~~ NOT Y P LIC FOR IDAHO
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Water Main Easement EASMT WTR.DOC
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Rndersan Suruey Group.com
EXHIBIT A
LEGAL DESCRIPTION
for
FA/RV/EW LAKES- WATER EASEMENT
A strip of land situated in the Southwest Quarter of the Southeast Quarter of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
Commencing at a point marking the Quarter corner common to Sections 6
and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the
Section corner common to Sections 5, 6, 7 and 8 in said township and range
bears South 89°28'06" East a distance of 2641.06 feet; thence from said point
North 00°20'01" East along the West line of said Southeast Quarter of said
Section 6, a distance of 706.13 feet; thence leaving said West line South
90°00'00" East along the North line of Devon Park Subdivision No. 1, a distance
of 372.78 feet to a point on a non tangent curve; thence on said non-tangent
curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said
curve, through a central angle of 05°34'54", the long chord of which bears North
02°47'27" West a distance of 1.95 feet; thence North 00°00'00" East a distance
of 268.05 feet; thence South 90°00'00" East a distance of 37.99 feet; thence
North 00°00'00" East a distance of 45.00 feet; thence South 90°00'00" East a
distance of 23.05 feet; thence South 81°06'38" East a distance of 29.90 feet;
thence South 81°06'38" East a distance of 49.23 feet; thence South 89°53'08"
East a distance of 146.56 feet; thence North 00°23'27" East a distance of 20.00
feet to the REAL POINT OF BEGINNING; thence North 89°53'08" West a
distance of 25.00 feet; thence North 00°23'27" East a distance of 67.77 feet;
thence South 89°36'33" East a distance of 7.00 feet; thence North 00°23'27" East
a distance of 7.00 feet to a point on a curve; thence on said tangent curve to the
right, having a radius of 28.00 feet, 33.76 feet along the arc of said curve,
through a central angle of 69°04'31 ", the long chord of which bears North
34°55'42" East a distance of 31.75 feet; thence South 00°23'27" West a distance
of 100.80 feet to the Real Point of Beginning.
Said Strip contains 2,161 square feet, more or less. ~0~,~
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Project No. 03-150 Q `~
July 25, 2005 i~ f 1
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351 E. Watertower Ln.. Suite F. Meridian. ID 83642
P. 206.888.7345
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Anderson Suruey Group.com
EXHIBIT B
LEGAL DESCRIPTION
for
FA/RV/EW LAKES- WATER EASEMENT
A strip of land situated in the Southwest Quarter of the Southeast Quarter of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
Commencing at a point marking the Quarter corner common to Sections 6
and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the
Section comer common to Sections 5, 6, 7 and 8 in said township and range
bears South 89°28'06" East a distance of 2641.06 feet; thence from said point
North 00°20'01" East along the West line of said Southeast Quarter of said
Section 6, a distance of 1301.13 feet; thence leaving said West line South
89°53'08" East along the North line of Devon Park Subdivision No. 2, a distance
of 476.87; thence South 00°06'52" East a distance of 10.04 feet to the REAL
POINT OF BEGINNING; thence South 89°53'08" East a distance of 180.07 feet;
thence South 00°23'27" West a distance of 96.68 feet to a point on a curve;
thence on said non-tangent curve to the right, having a radius of 28.00 feet,
33.76 feet along the arc of said curve, through a central angle of 69°04'24", the
long chord of which bears North 21°19'03" East a distance of 31.75 feet; thence
North 00°23'27" East a distance of 7.00 feet; thence North 89°36'33" West a
distance of 7.00 feet thence North 00°23'27" East a distance of 38.44 feet;
thence North 89°53'08" West a distance of 154.95 feet; thence North 00°06'52"
East a distance of 24.96 to the Real Point of Beginning.
Said Strip contains 5,924 square feet, more or less.
Project No. 03-150
August 5, 2005
357 E. Watertower Ln., Suite F, Meridian. ID 83642
P. 206.008.7345
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Meridian City Council
September 6, 2005
Page 2 of 39
pray for your help and your watch care and your mercy and kindness upon those
people, Lord. And thank you that they can turn to you and that you can be a very
present help to them in their time of trouble. And, Father, for the many who will be
taking their lives in their hands and being in dangerous situations and many rescue
operations and attempts and clean-up things and, Father, sometimes people get crazy
and do things like shoot at others. I just pray that you would watch over, provide safety
and protection. Now, Father, we just thank you for the great state and city in which we
live. Thanks for the stability of our region. We are blessed here, Father. We give you
thanks for that. And now as we undertake business tonight, that it would go well. Help
us to be gracious one with another and give wisdom and discernment and decisions
that need to be made and we will be careful to give you the thanks and the praise, in
Jesus' name we pray, amen.
Item 4: Adoption of the Agenda:
Wardle: Thank you, pastor, for the timely message for our community and our nation.
Item No. 4 is adoption of the agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Before I make the motion to approve this, could I get a resolution number and an
ordinance number to start with?
Wardle: Resolution number 05-488 and ordinance number 05-1177.
Bird: Okay. With that, Mr. President, I would move that we -- on the agenda we will be
passing on resolution 05-488 on the Consent Agenda. We would like to add -- well, I
guess, we will be deleting on the Department Reports Items A and B. We would like to
add an Item D. The attorney would like to discuss an item. And we will be -- in the
regular agenda we will be passing ordinance -- or voting on ordinances 05-1177, 1178,
1179, and 1180. And with that I move that we approve the agenda as revised.
Donnell: Second.
Wardle: It's been moved and seconded to approve the agenda as amended. All in
favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Regular Meeting:
Meridian City Council
September 6, 2005
Page 3 of 39
B. Approve Minutes of August 16, 2005 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: VAR
05-015 Request for a Variance to allow a reduced front setback and
approve the removal of the deed restriction placed on this lot for
Bedford Place Subdivision by Brighton Corporation - 596 East
Edgar Street:
D. Findings of Fact and Conclusions of Law for Approval: VAR
05-016 Request for a Variance for the reduction of parking spaces
required and modification of parking lot landscaping requirements
for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North
Meridian Road:
E. Findings of Fact and Conclusions of Law for Denial: AZ 05-
020 Request for Annexation and Zoning of 2.3 acres to L-O zone
for Ashtvn Park by David Price -SWC of North Meridian Road
and West Ustick Road:
F. Development Agreement: AZ 05-007 Request for Annexation
and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham
Park Subdivision by Gemstar Development, LLC -north of Amity
Road and east of South Locust Grove Road:
G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+
acres from a C-2 zone to a proposed C-G zone for Meridian Gateway
by White-Leasure Development Company -SWC of South Meridian
Road and West Overland Road:
H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation
Proiect ICDBG 04-111-01-SR:
I. Water Main Easement Agreement for AD Development by
Franklin / Stratford invest.:
J. Water Main Easement Agreement for Fairview Lakes by
Douglas Tamura:
K. Water Main Easement Agreement for Fairview Lakes by
Douglas Tamura:
L. Contract for the Wastewater Treatment Plant Expansion
Proiect Task Order No. 3 with Carollo Engineers:
M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB
Engineers:
Meridian City Council
September 6, 2005
Page 4 of 39
N. Sanitary Sewer and Water Main Easement Agreement for
Paramount Subdivision No. 8 by David Turnbull:
O. Sanitary Sewer and Water Main Easement Agreement for
Wyndstone Place by Quasar Development:
P. Change Order No. 1 (Final) for Victory and Meridian Road
Water with Paul Construction:
Q. Resolution No. 05-488 Annual CPI Rate Adjustment
for Solid Waste Collection Services:
R. School Resource Officer Agreement between the Meridian
Police Department and Meridian School District:
S. Approve Bills:
Wardle: Item 5 is the Consent Agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: We have been requested by the developer to table Item C on the Consent
Agenda to 9/20/05 and with that I would move that we approve the rest of the agenda,
including Resolution No. 05-488 and for the President to sign and the Clerk to attest on
all proper papers.
Donnell: Second.
Wardle: It's been moved and seconded to approve the Consent Agenda with the tabling
of Item C, tabling to 9/20/05. Mr. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning Department -Steve Siddoway
1. Follow-up Discussion of Letter from Floyd Robinson:
Request to Table to September 13, 2005
B. Parks and Recreation Department -Elroy Huff