Water Main Easement with Vuittonet, Juan for Prospect Elementary School,ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAH012123105 10:14 AM
DEPUTY Patti Thompson II I I) II II II I I I I~ II I' I II I ~ II I II I III'II
RECORDED-REQUEST OF
City of Meridian 1 X51 ~5~~,~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of~, 2tJ~between ,the parties of the
first part, and hereinafter called the Grantors, and the City of Meri 'an, Ada County, Idaho, the party of the
second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water mainright-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, inconsideration 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 Granteetheright-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 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 oftheright-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
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.
1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the
day and year first herein above written.
rresiueiu C~
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this 15~ day of "1'l0 uWlt,b~.+' , 20 a5, before me, the undersigned, a Notary Public in and
for said State, personally appeared ~u~- Vuit1'on~~' Tristn Du-vt~cvv~_ and
known or identified to me to be the President and Secretary, respectively, of the corporation that
executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written. \
y~rra7~tl~1If1 ,j ''-)
g •. NOTARY PUBL C FOR IDAHO
`~~i ~OTA1? j. ~ % Residing at `7~"1~'~uiA:'~ ,., .~c~.11
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Water Main Easement EASMT WTR
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weer ,May ~ AFO
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Attest by William G. Be ,City Clerk i .~ ,~ g fl
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Approved By City Council On:
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STATE OF IDAHO,
ss.
County of Ada )
On this ~(~~~ day of C'/b l2 {~t'.~( , 20~ 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.
~7'~ ~'~'~ ; NOTARY PUBLIC FOR IDAHO
(SEAL) ~(~
Residing at: Y}2(_ [ d~~r
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Water Main Easement EASMT WTR
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LEGAL DESCRIPTION FOR
PROSPECT ELEMENTARY WATER LINE EASEMENT
A portion of Havasu Creek Subdivision No. 4 located in a portion of the North 1/2 of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as
follows:
BASIS OF BEARINGS:
The West portion of the South boundary line of Havasu Creek Subdivision No. 4 taken as
South 84°22'32" West.
BEGINNING at a point on the West boundary line of said Havasu Creek Subdivision No. 4 from
which the Southwest boundary corner of said Subdivision bears South 02°32'46" West a distance
of 44.13 feet;
thence along said West boundary, North 02°32'46" East a distance of 20.03 feet
thence leaving said West boundary, South 84°19'41" East a distance of 320.99 feet;
thence North 05°37'28" East a distance of 21.38 feet;
thence South 84°19'41" East a distance of 20.00 feet;
thence South 05°37'28" West a distance of 21.38 feet;
thence South 84°19'41" East a distance of 98.51 feet;
thence North 05°16'46" East a distance of 258.27 feet;
thence North 05°58'14" West a distance of 43.54 feet;
thence North 34°22'32" West a distance of 219.14 feet;
thence North 84°22'32" West a distance of 108.06 feet;
thence South 65°50'08" West a distance of 4.25 feet;
thence South 24°09'52" East a distance of 16.96 feet;
thence South 65°52'35" West a distance of 20.00 feet;
thence North 24°09'52" West a distance of 16.95 feet;
thence South 65°50'08" West, to a point on the West boundary line of said Havasu Creek
Subdivision No. 4, a distance of 287.89 feet;
thence along said West boundary, from a tangent which bears North 21°36'08" West, along a
curve to the right with a radius of 769.00 feet and a central angle of 01°29'34" an arc length of
20.03 feet (with a chord bearing of North 20°51'21" West, and a chord distance of 20.03 feet);
thence leaving said West boundary, North 65°50'08" East a distance of 316.31 feet;
thence South 84°22'32" East a distance of 122.71 feet;
thence South 34°22'32" East a distance of 233.53 feet;
thence South 05°58'14" East a distance of 18.03 feet;
thence North 84°01'46" East, to a point on the East boundary line of said Havasu Creek
Subdivision No. 4, a distance of 25.70 feet;
thence along said East boundary, South 23°28'20" East a distance of 33.72 feet;
thence leaving said East boundary, South 84°01'46" West a distance of 35.76 feet;
thence South 05°16'46" West a distance of 280.76 feet;
thence North 84°19'41" West a distance of 458.54 feet to the POINT OF BEGINNING.
Said parcel contains an area of approximately 30,184 square feet 0~9 acres.
END OF DESCRIPTION
Kenneth H. Cook, P.L.S. 9895 ~~~ _ "' ~~
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Meridian City Council
December 6, 2005
Page 2 of 32
energy and their potential. We ask, God, that you would bless us here tonight with your
presence, with your peace, with your love and your grace, in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Bud. I mean -- tomorrow you're Bud. Thank you for joining us.
Okay. Item No. 4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If I could get resolution numbers and ordinance numbers. Oh. Okay. What does
the resolution start with?
Berg: I'm sorry. Madam Mayor, 05-494 is resolution start. Ordinances start at 05-1203.
De Weerd: Okay. Thank you, Mr. Berg. Mr. Bird.
Bird: Can't read my writing now. I would move that we approve the agenda as
published, with one -- in the Department Reports, it is going to be a planning and Steve
Siddoway is going to update us on transportation projects -- dates for projects. Instead
of the Public Works, it would be Planning and Zoning. And with that I would move we
approved the revised agenda.
Rountree: Second.
De Weerd: Okay. Motion to approve the agenda as amended. All of those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of November 9, 2005 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: FPM
05-001 Request for a Final Plat Modification to remove Final Plat
condition to construct a six foot fence inside Nampa Meridian
Irrigation District easement for Southern Springs Subdivision No.
2 by Roger Michener and Lawrence Ross -southeast corner of
Meridian Road and Overland Road:
C. Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request fora Conditional Use Permit to modify the
Meridian City Council
December 6, 2005
Page 3 of 32
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
public use in the O-T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street:
D. Development Agreement: AZ 05-023 Annexation and Zoning of
39.47 acres from RUT/C2 (Ada County) to C-N zone by Cherry
Lane Christian Church - 2511 W. Cherry Lane:
E. Sewer Easement for Cherry Lane Christian Church at 2511 W.
Cherry Lane:
F. Permanent and Temporary Easement Contract with Cherry
Lane Christian Church for Black Cat Sewer Project and Ten
Mile Diversion Trunk Sewer:
G. Approval of Liquor License Transfer from Epi's A Basque
Restaurant to Todd Mason dba Mason's at 601 S. Main Street:
H. Approve Wine License for Epi's A Basque Restaurant at 1115
N. Main Street:
I. Water Main Easement Agreement for Yanke Warehouse by
SJL, LLC:
J. Water Main Easement Agreement for Prospect Elementary
School by Joint School District No. 2:
K. Award of Bid for Installation of Wastewater Treatment Plant
Yard Fence to Meridian Fence Co.:
L. Wells 26 & 20B Control System Installation Contract by
Custom Electric:
M. Public Pathway Easement for the North Slough Pathway in
Saguaro Canyon Subdivision by Farwest L.L.C.:
N. Agreement for Professional Services for TN-C Design
Guidelines with McKibben and Cooper Architects:
O. Development Agreement: RZ 05-008 Request for a Rezone of
2.61 acres from R-4 to C-G zone for Walgreens by Hawkins
Companies - 3150 West Cherry Lane:
Meridian City Council
December 6, 2005
Page 4 of 32
P. Award of Bid for Janitorial Services to Western Building
Maintenance:
Q. Resolution No. 05-494 To Declare Surplus Property
/ Computer Equipment Donate to Meridian Girls & Boys Club:
R. Sanitary Sewer Easement for Silver Oaks Subdivision by
Charter Builders Inc.:
De Weerd: Okay. Consent Agenda, Item 5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes Resolution 05-494, to
declare surplus property, computer equipment donations to Meridian Boys and Girls
Club 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. If there is no further
discussion, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Planning Department -Steve Siddoway
1. Update on the ACHD Projects.
De Weerd: Okay. Item 6. We will start with Steve from the planning department.
Siddoway: Thank you, Madam Mayor, Members of the Council. There are two
significant planning efforts going on with Ada County Highway District right now. The
first is the five year work program. As you remember, in October the Council approved
a prioritized list of transportation projects that was forwarded onto ACHD for their
consideration while preparing the five year work program. That five year work program
is moving towards its final draft. I thought it would benefit Council to have an update on
that five year work program planning process and see how those projects are flushing
out. I would just ask if you would like to have apre-Council meeting set during the
month of December to invite the ACHD staff to present the five year work program in its
current draft. I do have a meeting tomorrow at ACHD to go over what they are calling