Water Main Easement with LH Properties, LLC for S. Cobalt Point WayADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH012123105 10:14 AM
DEPUTY Patti Thompson III I I II IIII I IIII IIII IIIII IIII I'III III
RECORDED-REQUEST OF
City of Meridian 1051'~504t
WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of ~~~`° ~'`'` , 20 fibbetween L H Properties, 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 underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service 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 and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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.
~~ ~ ~ %=
J e Affleck -Member R. Troy ortensen -Member
STATE OF IDAHO
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County of Ada )
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On this ~ day of ~ ti-~ , 20~, before me, the undersigned, a
Notary Public in and for said State, personally appeared Jared Affleck and R. Troy
Mortensen, known or identified to me to be members of L H Properties, LLC,
respectively, of the limited liability company that executed the within instrument, and
acknowledged to me that such company 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 Main Easement
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NOTARY PUBLIC FOR AHO
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CITY OF MERIDIAN
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Approved by Council on 1,~1Q~Q~y~ Vi.~U~ ~.~V ~ ~~~
STATE OF IDAHO, )
County of Ada, )
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On this day of I~ ~.~~ti'L~i`t- ~ ,2005, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally 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.
SEAL
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~J~'~G~,!1 ~l'~1 ,~YL'~`~~
Notary Public for Idaho ,
Residing at: ~~ (~~~~ ~~~~
My Commission Expires: /(~--/S - (~_
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EXHIBIT "A"
PARCEL B
WATER LINE EASEMENT
A water line easement located in a portion of Parcel B as shown on Record of Survey
Number 6689 and recorded as instrument Number 104142758 in the county recorders
office of Ada County, Idaho, and situated in the E1/2 of the NW1/4 of Section 21,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho
and more particularly described as follows:
Commencing at a brass cap monument marking the NW corner of said Section 21, thence
along the North line of said Section 21 S89°13'53"E a distance of 1332.44 feet to a 5/8
inch rebar marking the NW corner of said E1/2 from which a brass cap monument
marking the NE corner of said E1/2 beazs S89°14'24"E a distance of 1332.5:3 feet, thence
leaving said North line and along the East line of said E1/2 S00°13' 16"W a distance of
1765.18 feet to a 1/2 inch rebaz mazking the NW corner of said Parcel B, thence along the
North line of said Parcel B N89°58'30"E a distance of 225.70 feet to the POINT OF
BEGINNING;
Thence continuing along said North line N89°58'30"E a distance of 28.75 feet to a point;
Thence leaving said North line S00°00'00"E a distance of 8.70 feet to a point;
Thence S90°00'00"E a distance of 73.02 feet to a point;
Thence S00°00'00"E a distance of 52.27 feet to a point;
Thence S22°30'00"W a distance of 73.06 feet to a point on the South line of said Pazcel
B;
Thence along said South line N65°23'50"W a distance of 20.00 feet;
Thence leaving said South line N22°30'OOE a distance of 68.34 feet;
Thence N00°00'00"W a distance of 28.30 feet to a point;
Thence S90°00'00"W a distance of 73.02 feet to a point;
Thence N00°00'00"W a distance of 8.90 feet to a point;
Thence S90°00'00"W a distance of 8.75 feet to a point;
Thence N00°00'00"W a distance of 19.78 feet to the POINT OF BEGINNING.
Said easement contains 4227 square feet more or less and is subject to all existing
easements and rights-of--ways of record or implied.
0056079.01 water line easement legal Parcel B 0922051ms.doc
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S89' 13'53"E
17 i6 1332.44
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EXHIBIT "B"
WATER LINE EASEMENT
A PORTION OF PARCEL B AS RECORDED ON RECORD OF SURVERY ,8889
SITUATED IN THE E 1/2 OF THE NR 1/4 OF SECTION 21
TOIINSHIP 3 NORTH, RANGE 1 EAST, BOISE MERD)IAN
CITY OF MERIDU,N, ADA COUNTY, IDAHO
2005
LEGEND
S89'14'24"E - - PROPERTY BOUNDARY
133„2.53 A - - - - - LOT LINE
-~~ - EASEMENT LINE PARCEL A
QO FOUND 5/8" REBAR
^ CALCULATED POINT
O FOUND 1/2" REBAR
'S8'30"E 374.71' S00'00'00"E
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225.70' 28.75' 590'00'00"E
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28.30'
PARCEL B
N89'S8'30"E 274.89'
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60 0 30 60 120
SCALE 1" = 60'
CURVE TABLE
CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD HRG
Ct 110.80 223.00 28'28'03' 36.57 109b6 S14.27'19'V
C2 37.79 327.00 6.37'16' 18.91 37.77 S23'22'43'V
C3 !24.69 327.28 21'49'42' 63.11 123.93 SA'OB'S8'V
D\I~CMI\C056019\dr \ 056019 wrR EASEf,IENi.liwg P I N N C LE DRAM 6 BY:
CREATION DATE: Engineers, Inc. CHECKED BY:
12552 W. Executive Dr., Suite B, Boise, Idaho
09-22-OS 83713 KNS
(208) 887-7760
Meridian City Council
December 20, 2005
Page 2 of 20
Wardle: Thank you very much. Item 4 is adoption of the agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: We have on our regular agenda Item No. 8, which is Weed and Pest Control, has
been requested to be tabled to January 3rd, 2006, and the attorney has requested that
we just cancel the Executive Session, because of a conflict, not getting stuff back to us.
With that I would move we approve the amended agenda.
Rountree: Second. Do we have an ordinance number?
Bird: Oh, yes. And ordinance number 05-1208.
Wardle: It's been moved and seconded to adopt the agenda as amended with the
additional ordinance number. All in favor?
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of December 6, 2005 City Council Regular
Meeting:
B. Water Main Easement Agreement for Cole Valley Christian
School:
C. Streetlight Agreement for Saguaro Cannon Subdivision No. 3
by Farwest, LLC:
D. Streetlight Agreement for Saauaro Cannon Subdivision No. 2
by Farwest, LLC:
E. Streetlight Aareement for Sutherland Farm Subdivision No. 5
by Great Sky, Inc.:
F. Streetlight Agreement for Sutherland Farm Subdivision No. 6
by Great Sky, Inc:
G. Streetlight Agreement for Fulfer Subdivision No. 6 by Kevin
Howell Construction:
H. Agreement with MART for Baseball Field:
Meridian City Council
December 20, 2005
Page 3 of 20
I. Water Main Easement Aqreement for Nature's Child by LH
Properties, LLC:
J. Water Main Easement Aqreement for Nature's Child by
Sundance Company:
K. Approve Bills:
Wardle: Item No. 5 is our Consent Agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
President to sign and the clerk to attest on all proper papers.
Rountree: Second.
Wardle: It's moved and seconded to adopt the Consent Agenda. Mr. Clerk, roll-call
vote.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Parks Department -Doug Strong
1. Renaming Five Mile Creek Pathway the Bud Porter
Pathway:
Wardle: Thank you. Item 6, Department Reports. Item A is Parks Department. Doug
Strong.
Strong: Thank you, Mr. President, Members of the Council. Have two items that I
would like to discuss with you tonight and get your action or response to. The first item
is in our December 14th Parks and Recreation Commission meeting we discussed
renaming the Five Mile Creek Pathway to the Bud Porter Pathway. I believe all of you
read recent a-mails regarding Bud's condition and situation there. So, it was a
unanimous vote by the commission to recommend to the Council to rename the Five
Mile Creek Pathway after Bud. So, with that I would certainly entertain any discussion
that you would like to have regarding that recommendation.
Bird: Mr. President?