Water Main Easement with AP Eagle View, LLC and C. Von Wolffradt Properties 1, LLC for Magic View SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH010119106 02:31 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIII IIIIIIIIIIIIIIIII~IIII'I
City of Meridian 1051 ~5~ i S
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ;'~0~between AP-EAGLE VIEW, L.L.C. and C. VON
WOLFFRADT PROPERTIES I, L.L.C., 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 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 adj scent 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 C056259 Meridian
Water Main Easement 2 Owners.doc I ,,,.~,
Page.__...~ ~ ..._.
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: GRANTOR:
AP-EAGLE VIEW, L.L.C., a Delaware Limited Liability Company
By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager
By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member
d
B :John A. Krappman i sole member
GRANTOR:
C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware Limited Liability Company
By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager
By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member
y: John A. Krappma , s sole member
STATE OF IDAHO )
ss
County of Ada )
On this day of August, 2006, before me, the undersigned, a Notary Public in and for said
State, personally a ared John A. Krappman, known or identified to me to be the Sole Member of
PacWest Properties, L. which is a Member of Afton Pacific, L.L.C., which is a Manager of AP-
EAGLE VIEW, L.L.C., a De are Limited Liability Company, and the Sole Member of PacWest
Properties, L.L.C., which is a ber of Afton Pacific, L.L.C., which is a Manager of C.
WOLFFRADT PROPERTIES I, L.L. :~.,a Delaware Limited Liability Company, that executed the
within instrument, and acknowledged to me'that such limited liability companies executed the same.
IN WITNESS WHEREOF, I have hereunto set my land and affixed my official seal the day and year
first above written.
(SEAL) NOTARY PUBLIC FOR II3'AHO
Residing at
Commission Expires:
Water Main Easement C056259 Meridian
Water Main Easement 2 Owners.doc P~~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ~g -~
On ib~ • Imo(, before me, ~..rr•o.,r~~ ~ ~ _ • a tvo~..r ,, `
Date Name and Title of Officer (e."Jane Doe, Notary P lic")
personally appeared ~. ~r.t,.• ~ - ~ ,ra-P rt-,r~,_a~v. ,
~' Name(s) of Signer(s)
parennall~ 4n~...n }n~a0 .•.
~~-
J~•-proved to me on the basis of satisfactory
evidence
~ttnumnnonmmtxntmtmmnnmmnttntttmtmnmmnnntnmatmnnmtmtmnmmp
~ FERNANDO J. PRECIADO ~
~"'' COMM. # 1475144 ~
N NOTARY PUBLIC • CALIFORNIA N
0: ~,,
> LOS ANGELES COUNTY
__ My Comm. Expires Mar. 8, 2008 `__
cif nnnnuauuueutmumnutttnttnnntttttttuunnnuunnmwuuuuaunuuuunuunwuD
to be the person(ii~ whose name,(s) is/aie
subscribed to the within instrument and
acknowledged to me that he/s#~/the'Sr'executed
the same in his/hAr/tt-eir authorized
capacity(iss), and that by his/her/the~l'F
signature~sj on the instrument the person(a'), or
the entity upon behalf of which the person{~j
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above of Nota Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~~
Title or Type of Document: _ l.~ut~~ ~.-; „_ ~qo,
Document Date: Gq - o'Z-o L Number of Pages~~, e
Signer(s) Other Than Named Above: ~s~s~
Capacity(ies) Claimed by Signer
Signer's Name:
ividual
^ Corporate Officer -Title(s):
Partner - ^ Limited ^ General
Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Top of thumb here
®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.netionalnotary.org Prod. No. 5907 Reorder: Cell Toll-Free t-B00-976.8827
,._3..~.
GRANTEE: CITY OF MERIDIAN
i~
Tammy de Wee ayor ` ~ ~ j ~ ~, ~%'
FO
~~ _
Attest by William G. Berg, Ci Cl k ~
~~ ~~
Approved By City Council On. ~'~ .~°~
~i ,~
///~~~r/If 1111 t111~~,``,r`
STATE OF IDAHO,
County of Ada
ss.
On this ~ ~~~~day of (;~(;~~~~~ i , 2006, 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.
•.a~ ~~~.
(SEAL) • ~ARp ` •~
'O
•
l~
~ ~~ ~ ~
i ; ~i
•
•
Water Main Easement
~' ~ C~ ~) (~~ l ~ti L ~`-~~~--
NOTARY PUBLIC FOR IDAHO
Residing at: i~Lc ~:~ct JJ'
Commission Expires: /~ --/~ ( j
Water Main Easement 2 Owners.doc
C056259 Meridian
Pa~~._
EXHIBIT "A"
A Water Line Easement over, under and across a portion of Lot 11 "Amended Magic
View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages
4445 and 4446 official records of Ada County and situated in a portion of the SE1/4 of
the NE1/4 Section 17, 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 SE corner of said SE1/4 of the
NE1/4, thence along the East line of said SE1/4 of the NE1/4 N00°24'30"W a distance of
749.61 feet to a point, from which a brass cap monument marking the NE corner of said
Section 17 bears N00°24'30"W a distance of 1903.41 feet, thence leaving said East line
and along the centerline of E. Magic View Drive 589°37'02"W a distance of 186.24 feet
to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point
on the South right-of--way line of E. Magic View Drive and the POINT OF
BEGINNING;
Thence leaving said South right-of--way line S00°28'41"E a distance of 43.15 feet to a
point;
Thence 545°28'41"E a distance of 19.71 feet to a point;
Thence 500°28'40"E a distance of 78.73 feet to a point;
Thence 589°37'02"W a distance of 14.00 feet to a point;
Thence S00°22'58"E a distance of 3.50 feet to a point;
Thence 589°37'02"W a distance of 10.00 feet to a point;
Thence N00°22'58"W a distance of 3.50 feet to a point;
Thence 589°37'02"W a distance of 66.44 feet to a point;
Thence S00°28'41"E a distance of 24.44 feet to a point;
Thence S44°31' 19"W a distance of 9.86 feet to a point;
Thence 500°28'41"W a distance of 13.68 feet to a point;
Thence 589°37'02"W a distance of 20.00 feet to a point;
Thence N00°28'41"E a distance of 22.07 feet to a point;
Thence N44°31' 19"E a distance of 9.67 feet to a point;
Thence N00°28'41"W a distance of 16.18 feet to a point;
Thence 589°37'02"W a distance of 71.00 feet to a point;
Thence 500°22'58"E a distance of 2.50 feet to a point;
Thence 589°37'02"W a distance of 10.00 feet to a point;
Thence N00°22'58"W a distance of 2.50 feet to a point;
Thence 589°37'02"W a distance of 15.47 feet to a point;
Thence N00°22'58"W a distance of 59.56 feet to a point;
Thence S89°33'55"W a distance of 21.85 feet to a point;
Thence N00°26'05"W a distance of 20.00 feet to a point;
Thence N89°33'55"E a distance of 21.87 feet to a point;
Thence N00°22'58"W a distance of 56.23 feet to a point on said South right-of--way line;
Thence along said South right-of--way line N89°37'02"E a distance of 20.00 feet to a
point;
0056259.01 Water Line Easement 100306.doc Page 1 of 2
Page~£ ~_
Thence leaving said South right-of--way line S00°22'58"E a distance of 59.08 feet to a
point;
Thence N89°37'02"E a distance of 5.00 feet to a point;
Thence S00°22'58"E a distance of 20.00 feet to a point;
Thence S89°37'02"W a distance of 5.00 feet to a point;
Thence S00°22'58"E a distance of 36.72 feet to a point;
Thence N89°37'02"E a distance of 166.88 feet to a point;
Thence N00°28'41"W a distance of 50.42 feet to a point;
Thence N45°28'41"W a distance of 19.72 feet to a point;
Thence N00°28'41"W a distance of 51.47 feet to a point on said South right-of--way line;
Thence along said South right-of--way line N89°37'02"E a distance of 20.00 feet to the
POINT OF BEGINNING;
Said easement contains 10,439 square feet or 0.24 acres more or less and is subject to any
easements and or rights-of--ways of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
`*
0056259.01 Water Line Easement 100306.doc Page 2 of 2
P~.1sz....A~.
EXHIBIT "B"
WATER LINE EASEMENT
A PORTION OF THE LOT 11 AMENDED MAGIC VIEIf SUBDIVISION
Z SITUATED IN THE SE1/4 OF THE NE1/4 OF SECTION 17, T3N, R1E, BOISE MERIDIAN
W CITY OF MERIDIAN, ADA COUNTY, IDAHO
--a 2006
al
Qi
~ F ~
~] I ~~o
~ N
1 00>
` U Z O
\\`` W m
I ZQN
v
`~ I w_ N89'37'02"E
~ ~ ~ 20.00'
(D N U
U ~~ ..
W ~~~ ~~
OQ ~ N
~n p o > n
N U 2 0 N O
N t3nQVO1 ~I ~
O ~
p 3 w
~~ ~
O IO
N89'33'55"E ~ ~ N N89'37'02"E
21.87' 5.00'
!- 500'22'58"E
N00'26'O5"W ~ 20.00'
20.00' 1
S89'33'55"W ~ w S89'37'02"W
21.85' ~n ,°c° N 5.00'
~I Nln
N cC
O n
N N~
cV
N -
O
O
Z~
E. MAGIC VIEW DR. _
N89'37'02"E 522.90'
LOT 11
AMENDED MAGIC VIEW
SUBDIVISION
8 9
17 16
M
O (V
~ O
•S89'37'02"W 186.24'
3
500'22'58"E ~ o
N89'37'02"E 30.00' '~
_ a
00'
20 ~ N
. ' ~ O
T n
3 W
a ~
~ ~I ~
~
0 in
Z I ~ N El/4
SECTION 17
545'28'41"E
19.71'
- ~ O
41
W
N45
28
1 s.72'
N
~I r
3 I
w
~ I a
N
O N
Z ~
"
J
'
'
N
- N89'37'02"E 166.88'
I S89'37'02"W 66.44' S89'37'02"W
14.00'
N00'22'S8"W S00'22'S8'E
500'28'41 "E 3.50' 3.50'
24.44' S89'37'02"W
10.00'
/ S89'37'02"W 71.00'
589'37'02"W 15.47') N00'28'41"W--
N00'22'S8"W 500'22'58"E 16.18'
2.50' 589~37'02"W2.50' N44'31'19"E
w~~ 10.00' 9.67'
~~,Q,~'~ ~~ 22.07'
ESMT-1
DATE
07-05-06
DRAWN BY:
PAK
SCALE:
1 "=40'
S44'31' 19"W
9.86'
S00'28'41"W
13.68'
S89'37'02"W
20.00'
LEGEND
FOUND BRASS CAP
O FOUND 5/8" REBAR
O CALCULATED POINT
- - - - BOUNDARY LINE
- ~ - SECTION LINE
- - ROAD CENTER LINE
EASEMENT LINE
~•••••••• ••• TIE LINE
CONGLOMERATE SUBDIVISION
EX MI BIT "B" WATER EASEMENT
PAC WEST PROPERTIES
ers, lnc.
w.. wn. wa
eIn]
Meridian City Council
October 10, 2006
Page 4 of 40
D. Findings of Fact and Conclusions of Law for Approval: PP 06-
028 Request for Preliminary Plat approval of 2 residential lots
(proposed to contain 48 Multi-Family units) and 2 common lots on
4.43 acres in a proposed R-15 zone for Touchstone Place
Subdivision by Horizon Development - 1187 East Fairview
Avenue:
E. Findings of Fact and Conclusions of Law for Approval: CUP
06-021 Request for Conditional Use Permit approval to construct a
multi-family development consisting of 48 multi-family dwelling units
(8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone
Touchstone Place Subdivision by Horizon Development - 1187
East Fairview Avenue:
F. Findings of Fact and Conclusions of Law for Approval: AZ 06-
029 Request for Annexation and Zoning of 10.39 acres from RUT
to an R-4 zone for Silversprings Subdivision by Reed Kofoed -
south side of McMillan Road and west of Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: PP 06-
029 Request for Preliminary Plat approval of 29 single-family
residential lots and 4 common /other lots on 9.88 acres in a
proposed R-4 zone for Silversprings Subdivision by Reed Kofoed
- south side of McMillan Road and west of Locust Grove Road:
H. Development Agreement: AZ 05-021 Request for Annexation
and Zoning of 2.78 acres from RUT to L-O zone for Whstewater
Subdivision fka Redfish Subdivision by Ben Miller - 4120 North
Linder Road:
I. Water Main Easement Agreement for Talus Medical Building
by Talus Professional Plaza, LLC:
J. Water Main Easement Agreement for Bridgetower Retail
Buildings by Primeland Investment Group, LLC:
K. Public Works Budget Amendment for the Wastewater
Treatment Plant Expansion:
L. Change Order No. 2 for the Wastewater Treatment Plant
Expansion Project:
AA. Water Main Easement Agreement for Conglomerate
Subdivision by AP-Eagle View and C Von Wolffradt Properties
1, LLC:
Meridian City Council
October 10, 2006
Page 5 of 40
N. Sewer Main Easement agreement for Conglomerate
Subdivision by AP-Eagle View and C. Von Wolffradt Properties
I, LLC:
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the
Clerk to attest on all proper papers.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Mayor's Office
1. Resolution No. 06-537 Mayor's Youth
Advisory Council Amendment to By-Laws:
De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution
06-537. Last night our youth council adopted them in their final form. They made
several changes to them, just to clean up voting, officers, allowing open membership, so
that everyone is welcome and are not excluded. And so this is just a clean up. As I
mentioned, they adopted them last night in their official form. And so, Council, in front
of you tonight I would appreciate if we could adopt them as well.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: With that I would move that we approve Resolution No. 06-537.
Bird: Second.