Water Main Easement with Primeland Investment Group, LLC for Bridgetower Retail ProjectADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAH010119106 02:31 PM
RECORDEDickREQUEST OF ~II ~~~~~~~IIIIIIIIIIIIIIIIIIIII ~~~ ~~~
City of Meridian 106165917
WATER MAIN EASEMENT
THIS INDENTURE, made this 26 day of Sept. , 2006 between Primeland
Investment Group 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, 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 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 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 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
~~~_
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:
,~.Je~,
Frank S. Varriale, Manager
STATE OF IDAHO
ss
County of Ada )
On this 26 day of September , 2006, before me, the undersigned, a Notary Public in
and for said State, personally appeared Frank S. Varriale
known or identified to me to be the, Manager respectively, of the
company that executed the within instrument. IN WITNESS WHEREOF, I have here unto set my
hand and affixed my official seal the day and year fist above written.
(SEAL)
KIMBERLY WINKLE
Notary Public
State of Idaho
GRANTEE: CITY OF MERIDIAN
Water Main Easement
~~~
OTARY PU
Residing at
Commission Expires:
EASMT WTR
GRANTEE: CITY OF MERIDIAN ;.z, ; - ;;
`\~. ~~
Tammy de Weer , or - .
• ~
Attest by William G. Berg, City
Approved By City Council On:
STATE OF IDAHO, )
. ss.
County of Ada
~,~ r tai •, 1~
/N1111 N11~
On this ~ ~` day of ~ ~~~~-~` t , 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.
(SEAL) ~ ~~oT'!~~' ~ NOTARY PUBLIC FOR IDAHO
~ ; Residing at: h"L~ (6~~~ ~~~
~ Commission Expires: f ('~ --~S~-ll
• ~ ~ •
•
•_,A. : i
'~'7- • ~~~ ••
••.?Ij~ ~ ~~i
~•~r~M~
Water Main Easement EASMT WTR (2).doc
Pa1~~~
`~'` pL LAN
~Q~ 0s
~,~gS ~ti~1STER~oO~~,.~
4 p
0702 ClVll AND STRUCTURAL ENGWEERrNG
~1ta~~' City of Meridian Waterline Easement No. 1
~,y2 06 For Bridgetower Retail Project
Job No. 05170 September 22, 2006
Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page
10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1W, B.M., City of
Meridian, Ada County, Idaho, as follows:
COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument
as per comer perpetuation record Inst. No. 104146597;
thence, along the West Line of said Section 35, South 00°53'13" West, 443.00 feet, to the
Centerline of W. Quintale Dr.;
thence along said Centerline, South 89°06'47" East, 222.77 feet, to a 300.00 foot radius curve to
the right;
thence along said curve, an arc distance of 63.69 feet, through a central angle of 12°09'47", and
having a chord which bears South 83°01'54" East, 63.57 feet;
thence leaving said Centerline, North 01°01'41" East, 25.52 feet, to a point on the southerly
boundary of said Lot 3, Block 25, and the POINT OF BEGINNING;
thence North 01°01'41" East, 27.52 feet;
thence North 46°01'41." East, 39.36 feet;
thence North 01°01'41" East, 65.49 feet;
thence South 88°58'19" East, 35.78 feet;
thence South 01°01'41" West, 20.00 feet;
thence North 88°58'19" West, 15.78 feet;
thence South 01°01'41" West, 53.77 feet;
thence South 46°01'41" West, 39.36 feet;
thence South 01°01'41" West, 23.82 feet, to a point on said southerly boundary of Lot 3, Block
25, and anon-tangent 325.00 foot radius curve to the left;
thence along said southerly boundary and curve, an arc length of 20.52 feet, through a central
angle of 3°37'04", and having a chord which bears North 76°04'42" West, 20.52 feet, to the
POINT OF BEGINNING.
Containing 3007 square feet, more or less.
P:~BRS Architxts~Bridgetowa RdaillDrawings~Survty~DESCRIP'TIONS~05170-EASE 1 DESC.DOC
-d'reasure `"aile~~ En ineers, Ilse. C}#.rice: {2US) ~b3-305
l =j(i~ 6`r. Street North F x; (3(}3) ~3G3-4391
;'tiasnl7a, Idahi} 43fi~t i ti~~~~-.I'VElnc.cusn
EXHIBIT- B
A PORTION OF LOT 3, BLOCK 25,
BRIDGETOWER CROSSING SUBDIVISION No.
2, WITHIN THE NWl/4, SECTION 35, T4N,
R1W, B.M., CITY OF MERIDIAN,. ADA
COUNTY, IDAHO
LINE BEARING DISTANCE
l1 N 01'01 41 E 25.52
V LZ N 01'01 41 E 27.52
L3 S 01'01 41 W 23.82
S88'S8'19"E
-
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE (
35.78' o~
C1 300.00 63.69 63.57 583'0154 E 12'09'47 I pl
C2
325.00 20.52' 20.52
N 78'04 42' W y
03'37 04 I p I P
N
I 15.78' t°n
;~ I N88'S8'19"W ~
27 26 BASIS OF BEARINGS
'
'
" .t I ~ o
S_88
58
19
E I 2
34 5 ~'~/• MCMILLAN RD. z ~ tO ~ I
o=
~
^
I I^
i
PIS o
° ~ SECTION CORNER
FND
BRASS CAP I
I tpn I ~
I
p . ~
I
Kid CORNER RECORD
` J
~
~
~
~ INST. No. 104146597 Z
CD I
/ ~ ~
V
~'~
L I ,
O
~/ ) ~ O
~
~ ~ ~
y ~6
~°'O
~
~ ~
3 ~ ~
,
~p
j
V
M
1 ~ I ~ % /~9
~
ir
i ~
o W
~ ~ I ( ~~
'
N BEGINNING I~ I Q
Z .-__--__- -.__- ~
I ~I
___
----- ~
c2 I
W. QUINTALE DR.
S 89_'06'47" E
-
C1 ~
"~~
222.77 -
~- - _~ ` ~
~~ ... ,
~~
-----
SCALE
_
'---_
~ \ _
~ -
-
~
30
0 15 30
60 -_
~~~~\
__`
_`
( FEET) 1" =30'
1 INCH = 30 FT
PROJECT: OWNER/DEVELOPER: DWG ~
CITY OF MERIDIAN BRS ARCHITECTS VI,11Bi ~~~'_ ~ 1823-05
WATERLINE EASEMENT 1 ~-~ ~ ~ PROJECTS
~-~_ ~_ r~r (rua~) ~a-~aot 05170-01
~ICB~ d~f118~9• ~ ot~ ~ r!~ ~ SHEET
DATE: g~21/06 1 OF 1
.,~~~m..
"'~ ~r
j, ,~
4
4
'~'J~EVPllkYpi~1419~
w~,~
C!V/L M'D STItUCTURAt ENG/VEERING
City of Meridian Waterline Easement No. 2
For Bridgetower Retail Project
Job No. 05170 September 22, 2006
Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page
10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of
Meridian,, Ada County, Idaho, as follows:
COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument
as per comer perpetuation record Inst. No. 104146597;
thence, along the North Line of said Section 35, South 89°58'19" East, 784.45 feet, to the
Centerline of N. Montelino-Way;
thence along said Centerline, South 01°01'41" West, 101.78 feet, to a 300.00 foot radius curve
to the right;
thence along said curve, an arc distance of 90.56 feet, through a central angle of 17°17'43", and
having a chord which bears South 09°40'32" West, 90.21 feet;
thence South 18°19'24" West, 19.40 feet;
thence leaving said Centerline, North 71°40'36" West, 25.00 feet, to a point on the easterly
boundary of said Lot 3, Block 25, and the POINT OF BEGINNING;
thence North 65°38'57" West, 45.68 feet;
thence North 00°38'28" East, 72.29 feet;
thence North 44°09'56" West, 8.78 feet;
thence North 88°58'19" West, 107.68 feet;
thence South 01°01'41" West, 17.00 feet;
thence North 88°58'19" West, 20.00 feet;
thence North 01°01'41" East, 37.00 feet;
thence South 88°58'19"East, 135.92 feet;
thence South 44°09'56" East, 25.27 feet;
thence South 00°38'28" West, 67.48 feet;
thence South 65°38'57" East, 30.51 feet, to a 275.00 foot radius non-tangent curve to the right
on the easterly boundary of said Lot 3, Block 25;
thence along said curve and easterly boundary, an arc length of 0.71 feet,
through a central angle of 0°08'54", having a chord which bears South 18°14'57" West, 0.71
feet;
thence continuing along said easterly boundary, South 18°19'24" West, 19.40 feet, to the POINT
OF BEGINNING.
Containing 5476 square feet, more or less.
P:~BRS Architxts~Btidget°wa Retail~DeawingslSutvey~DESCRII'TIONSW5170-EASE 2 DESC.DOC
'I'reastta•e e'aite}' Ettganeers, tzlc. Office: t20fi) 463-03115
(2Ci4 (_"'. Street :tioz~+.h Paa; {?OS} 453-4391
<,3zi,~<:, fciahc~ 83Ei`~' u~wu~.Tb'~frc.cs?m
P
q-ZZ- o c
~G~Z
m
rnzzm
oq+~~
m~o°oczi
A ONI Q
~ ~ f
0
fO QDN~
o~o~
m
0
D
-~ C7
Zo
m ~
m ~
D m
~ ~
~ o
m D
Z Z
"-'~
N
rri ~
D
co n
N -__1
O m
rn n
-., C
-/
1
r
~ G~~~~
~~~~
~~
~ ~
rn o v o
~~
N O
O~ OV m W,~
.~ p ~ G
°i ~ o N01 rot'41 "E
Z
N r - 3~-00' - ~
°I I
~ I I
moo=
, `_
~ L s o1ro1'41"
-- I
NO 1 7
00'
~ ~ .
z Z
~ ^
_ '
N ~
~'
c I
I I
' ~ ~ I
u m
" -+ cn D O I
I
~a~° v m ~ I
~~°
VN~ ~
~
O ~
~ ~ ~
I IN
~~czi °~ On° IZ w10~°
a
_
~ I~
N
i
° ~ ~I~
l
i
y
' ~ r
_ I ~o I
to A
A W E
O w
Q I
I
I
m
I
2 I
I
o I
I
I
I I
I
'
'
" I
I
J
r---- N00
38
28
I
E - ~
- 72-zs~ --- J
/
m
~
/2
~ s ~ti,,,~
V1'~
O'~
z -Zi .~n /~~
w S00'38'28"W ~
~g~'
~
zo cp°'/mo ~- ----67
48'--- '~•
-
.
/~ /
`` / ~/
~
~ V
/
°
~
/~
~''~~
~
~
~ ~ ~ ~~~
/V ~~.. ~.
~ ~~~
iV m
"
eb ~ d
~-x ~''d
,~z~~
~.~y ~_
W N O
~- ~ z
z~~ o•°~
~o\~ r
... ~ °P Z H
4'~
~~~~w
~ ~ m
°z ~ c°~
wax
a a z "~
z o
F-3
~ V
N
~ I ~
~pZm
-aZO~ cn
Z~mZ ~ ~ m
~ ~ a
onN~ ~ ~ ~ rn
~O~Z ~ =O
~vv~ r m
r m
v Z ~
~ V 2
1 A N
~ ~
S 1`\ 2'4 4w ~~ , ~ N. MON TELINO WAY
C - _____ _ _~_ _S 01'01'41" W
- -1
~~-~, 0 1o1.ie'
~~
__`
--
WO '~-__~"--_---- ---
P~--L--per...:...
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 Whitewater
Subdivision fka Redfish Subdivision by Ben Miller - 4120 North
Linder Road:
I. Water Main Easement Aqreement for Talus Medical Building
by Talus Professional Plaza, LLC:
J. Water. Main Easement Aqreement 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:
M. Water Main Easement Aqreement for Conglomerate
Subdivision by AP-Eagle View and C Von Wolffradt Properties
I, 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
1, 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.