Water Main Easement with Boise Valley Common for All Valley Animal CareADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
DEPU~DAPatl1Thompson1:58 PM
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
City of Meridian i ~615~94t
V~11R 1V~i N FASII~INT
THIS INDENTURE, made this i 6 day of ~~ ~ , 20 06 between RISE Vl1L:(-G'! ~M~the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of
the second part, and hereinafter called the Grantee;
WITNES SETH:
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 andright-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
Page ~ ~.
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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
esident
N ~
Secr tary
STATE OF IDAHO )
ss
County of Ada )
On this /~~ ~f ~ day of 0 ~ ,before me, the undersigned, a Notary Public in
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above w~„__
and for said State, personally ppeared ~ 1 1 ~ and
,known or identified to me to e the President and Sebr ,respectively, of the
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
J' ~TAR.j,
~...
pUBU1C
~~- ~~,•~
'~:~?~ of
Water Main Easement
Residing at /(~/
Commission Expires:
EASMT WTR
Pgae ~ of
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, M or \`\``~~~~~ Qtr ~iii'~~i,~~',,
` C~' , AM
O '
Attest by William G. Berg, City Clerk . $~'i,~L
~ ~~ ~~ rL
Approved By City Council On:
.,~
STATE OF IDAHO,
ss.
County of Ada
On this -~\G day of L' ~ %1L1Y~ ~'L~ , 200 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)
NOTARY PUBLIC FOR IDAHO
Residing at: ~ ~ ~~ ~~
Commission Expires: I D- /S -1~
Water Main Easement EASMT WTR
pie ,.~ e,f
~\ /.~~i
/
'
rI %
~
~~
THE LAND GROUP, INC.
August 16, 2006
Project No. 05305
Legal Description
Lot 13, Block 3 Destination Place
Waterline Easement
753 Square Feet
EXHIBIT ~~A"
An easement for the purpose of construction, access and maintenance of water facilities being a
portion of Lot 13, Block 3 of Destination Place Subdivision (a recorded subdivision on file in
Book 93 of Plats at pages 11190-11192, inclusive, records of Ada County Idaho) situated in a
portion of the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at a 5/8-inch steel pin monumenting the southwest corner of Lot 13, Block 3 of
Destination Place Subdivision, thence North 00°28'21" East a distance of 46.14 feet to the
POINT OF BEGINNING.
Thence North 00°28'21" East a distance of 26.54 feet to a point;
Thence South 89°31'39" East a distance of 28.36 feet to a point;
Thence South 00°28'21" West a distance of 26.54 feet to a point;
Thence North 89°31'39" West a distance of 28.36 feet to the POINT OF BEGINNING.
The above described easement contains 753 square feet, more or less, subject to all existing
easements and rights-of--way.
Attached hereto is Exhibit "B" and by this reference is made a pa hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616 5~~~8~~ ~A
208-939-4041 e{°~ ~~ $~, ~~,
208-939-4445 (FAX) ~ ~ '~
a ,~ 11575:
Ilrncfacape Aniritecture • Site Planning • Civil Engineering • Goff Course Irrigation e'r Engineering • Graphic Communication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com
G:\2005\05305\LL_0G081 Gballazd_05305h20.doc
r
9 6 56.30, 81'39'27"E
R-
2
"
9
52
93'
~
D -1
.
.
0 S
56"
E
Chord B f ~-N92 29'
Ch o
BRASS CAP R-O-W
MONUMENT PER DESTINATION PLACE
SUBDIVISION
5/8" STEEL PIN
PER DESTINATION PLACE
N SUBDIVISION (TYP)
W
N
Y
U g ``'
s
O
ZO _
N
N
~ _
Q O
Z
p ~ LOT 13. BLOCK 3
J ~ DESTINATION PLACE
EXISTING I'~r I
30' ACCESS AND I ~; I
UTILITY EASEMENT I ~ ~ h
LOT 1Q BLOCK 3 I °D o
DESTINATION PLACE I o . Li
~ I~ ~ I
~/f-/~fi~0 °~i~ ~ I
5ti~~~ ~Nd s
o~y 4~'~1 S T~~~'d ~~
a a 11575 ~ °x I
i
d ~~ 0 F 1~S
~S LE'~~
-!(~-ddb
M
J
EASEMENT
AREA
UNE TAB LE
UNE LENGTH BEARING
L1 26.54' N00'28'21"E
~ 28.36' N89'31'39"W
L3 26.54' S00'28'21 "W
L4 28.36' N89'31'39"W
N89'31'39"W 242.24'
LOT 12, BLOCK 3
DESTINATION PLACE
0
N
Scale: 1 "=60'
W
g
Z
`\ /~~~ THE LAND GROUP, INC. „ „ August 2006
~~ ~~ ~~ -Landscape Architocture Exhibit B 05305
• Site Plann{s~q
r •~'~` ~ineeri,~ Destination Place Lot 13 Blk
. • Go{f Courn lrrigaNon ~ 6ngineari~y/
PMne lP~! P J 999-!!!5 ' ' N
tl/e Waterline Easement O - 1
Meridian City Council
September 26, 2006
Page 3 of 28
E. Findings of Fact and Conclusions of Law for Approval: PP 06-
041 Request for Preliminary Plat approval of 17 single-family units
in the proposed R-4 zone, 8 single family units in the proposed R-8
zone and 5 common lots on 7.6 acres for Benelli Springs
Subdivision by Rob Godsill - 3420 South Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: RZ 06-
006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for
Cedar Springs Townhomes by John Flaherty Construction -
south of West McMillan and west of North Meridian Road:
G. Findings of Fact and Conclusions of Law for Approval: PP 06-
033 Request for Preliminary Plat approval of 48 attached single-
family units in the proposed R-15 zone, 20 detached single-family
units in the existing R-8 zone and 5 common lots on a total of 11.05
acres for Cedar Springs Townhomes by John Flaherty
Construction -south of West McMillan and west of North Meridian
Road:
H. Water Main Easement Agreement for All Valley Animal Care by
Boise Valley Common:
Agreement for Professional Services for Information
Technology Strategic Audit with Kerrin Executive Services:
J. Public Works Change Order No. 2 of Contract for PRV Radio
and Power Installations with Lea Electric:
K. Memorandum of Understanding with the City of Meridian and
Local Union # 2311 for Fire Inspector Position:
Wardle: Item No. 5, the Consent Agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: As I stated, Item A on the Consent Agenda needs to be tabled until October 3rd,
2006. And with that I move that we approve the revised Consent Agenda and for the
President to sign and the Clerk to attest on all papers.
Rountree: Second.
Wardle: It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, will
you, please, call roll.
Meridian City Council
September 26, 2006
Page 4 of 28
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Legal Department -Bill Nary
1. Approve SWAC Recommendation on Application for
Meridian Middle School Cardboard Recycling Pilot
Program for $220.00:
2. Approve SWAC Recommendation on Application for
Meridian Boys & Girls Club of Ada County for
Centennial Park Artwork Project for $7,740.00:
3. Entitlement City Letter for U.S. Department of Housing
8~ Urban Development's designation as an Entitlement
Community:
Wardle: Item No. 6 is Department Reports. Item 6-A, Legal Department, Mr. Nary.
Nary: Thank you, Mr. President. There are two items there, one and two, that are Solid
Waste Advisory Committee recommendations. We bring those to you periodically
during the budget year. There is money set aside in the budget for these type of
applications. The Solid Waste Advisory committee has recommended approval of both
of these. Just to refresh your memory, these types of projects require a 50 percent
match by the applicant. Both of these meet this criteria. Just as one note, item two is
for 7,740 dollars for the Meridian Boys and Girls Club application. That would exceed
the remainder of the budget. There is a portion of that that can be paid out of this year's
budget that would take the total amount in that line item down to zero. There is a
remainder that we will bring back to you in the new year when the specific -- the specific
amount out of the next year's budget needs to be paid in phases, because this is a
phased in project anyway, but I wanted to make you aware of both of those. If those
meet your approval, we'd simply ask for your motion and approval of those.
Wardle: Thank you, Mr. Nary. Council, questions about the Solid Waste Advisory
Committee recommendation?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Just for clarity, this is not taxpayer dollars, this is the money that has been raised
through our recycling; right?