Water Main Easement with Grace at Fairview Lakes, LLC for Grace Assisted LivingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 08!31106 0223 PM II I I I II II III I I II I II I II IIII I I II IIII III
DEPUTY Vicki Allen
RECORDED-REQUEST OF 1~9614145E1
City of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20U~between~~~~ ~/~7klJlE~/ ~~, 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 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 acent 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 W R _ a
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.
C~ {~ii~l~ y9-~ r ~~
STATE OF IDAHO )
ss
County of Ada )
C~ L
On this day of ~ , 2(YXv ,before me, the undersigned, a Notary Public in
and for said State, personally appeared l7n ~/~S ~~?'~~ -awl
known or identified to me to be the P, respectively, of the
corporation that executed the within instrument, and a`ycirn~~ed~at such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~,~,~ ~/
NOTARY PUBLIC FOR IDAHO
Residing at f U ~ ~ ; ~'(w~
N~~-~Y Commission Expires: ~~. -~1 - /D
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Water Main Easement
EASMT WTR
GRANTEE: CITY OF MERIDIAN ~ `•`' ~ C,,k
\\~.. ~~~ dam` ~ eo
Tammy de er ,Mayor
Attest by William G. Berg, ty Clerk
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Approved By City Council On: ~1~' /Y1
STATE OF IDAHO,
. ss.
County of Ada )
On this day of ~ ~~.~w~ ~ , 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.
.~`"'••
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(SEAL) i~~T~,~+~~~
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Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at: ~'Y .~? (~?~- ~~~n
Commission Expires: ~0 ~- /~-l 1
EASMT WTR
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UR~y~NG
CIVIL AND STRUCTURAL ENGINEERING
Exhibit A
City of Meridian Waterline Easement No. 1
for Grace Assisted Living
A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat
thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter
of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows:
Commencing at a Brass cap marking the Center 1/4 Corner of said Section 6 as
per Corner Perpetuation Record, instrument number 9265307, Ada County
Records;
thence, along the North-South Centerline of said Section 6, South 00°20'01" West,
1301.12 feet, to the Northwest Corner of said Lot 4, Block 1;
thence along the North Line thereof, South 89°53'08" East, 602.99 feet, to the
POINT OF BEGINNING;
thence continuing along said North Line, South 89°53'08" East, 20.00 feet;
thence South 00°23'27" West, 73.40 feet, to a point on the northemmost line of a
hammerhead Cul-de-Sac at the westerly end of E. Clarene Street, as shown on
said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No.
1021277142;
thence along the northernmost Line of said hammerhead Cul-de-Sac,
North 89°36'33" West, 20.00 feet;
thence North 00°23'27" East, 73.30 feet, to the POINT OF BEGINNING.
Containing 1467 square feet, more or less.
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CENTER 1 /4 CORNER EXHIBIT B
SECTION 6
CP&F N0. 9265307 CITY OF MERIDIAN WATERLINE EASEMENT
EASEMENT No. 1
S 00'20'01" W
1301.12' MERIDIAN PLACE SUBDIVISION N0. 1
(BLOCK 2)
S 89'53'08" E 666.99'
602.99' I 20.00' ~ 44.00' - -
POINT OF I I ~ I
BEGINNING
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DEVON PARK SUBDIVISION No. 2 (BLOCK 4)
BOOK 91, PAGE 10854 WI I ~ I
BLOCK 1, LOT 4 I I
WITHIN THE SW1/4SE1/4, SECTION6, NI I N
T3N, R1 E, B.M., CITY OF MERIDIAN,
ADA COUNTY, IDAHO NI I N
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DEEDED TO ACRD
INSTRUMENT N0. 102127142
1"=20'
E. CLARENE STREET
PROJECT: CLIENT: DWG #
rn~-su~ ~atterEnr~in~s, inrc. 1867-06
GRACE ASSISTED LIVING DOUG TAMURA ~~ ~zo~se,srn~rNazrr~
~Pa~~oases~ PROJECT#
WITHIN LOT 4, BLOCK 1, ~" ~zoa~+
DEVON PARK SUB. No. 2 ~~`_~!~ Fax~zoa)+~ 06024
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Exhibit A
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City of Meridian Waterline Easement No. 2
~-~_o~; for Grace Assisted Living
A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat
thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter
of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows:
Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as
per Corner Perpetuation Record, instrument number 9265307, Ada County
Records;
thence, along the North-South Centerline of said Section 6, South 00°20'01" West,
1301.12 feet, to the Northwest Corner of said Lot 4, Block 1;
thence along the North Line thereof, South 89°53'08" East, 602.99 feet;
thence South 00°23'27" West, 203.30 feet, to the southwesterly Corner of a
hammerhead Cul-de-Sac at the westerly end of E. Clarene Street, as shown on
said Plat of Devon Park Subdivision No. 2, and as noted on Deed Inst. No.
1021277142;
thence along the southernmost Line of said hammerhead Cul-de-Sac, South
89°36'33" East, 15.00 feet, to the POINT OF BEGINNING;
thence continuing along the southernmost Line of said hammerhead Cul-de-Sac,
South 89°36'33" East, 20.00 feet;
thence South 00°23'27" West, 88.05 feet;
thence North 89°53'08" West, 127.56 feet;
thence North 81°06'38" West, 45.88 feet, to a point on the northeasterly line of a
certain "Sewer/Water Easement", as shown and granted on the Plat of said Devon
Park Subdivision No. 2;
thence along said northwesterly Line, North 45°00'00" West, 33.94 feet;
thence South 81°06'38" East, 71.76 feet;
thence South 89°53'08" East, 106.12 feet;
thence North 00°23'27" East, 68.15 feet, to the POINT OF BEGINNING.
Containing 5075 square feet, more or less.
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CENTER 1/4 CORNER EXHIBIT B
SECTION 6
CP&F N0. 9265307
CITY OF MERIDIAN WATERLINE EASEMENT
S 00'20'01" w EASEMENT No. 2 MERIDIAN PLACE SUBDIVISION N0. 1
1301.12' (BLOCK 2)
N89'53'08"W 666.99'
-- -- -- 602.99' -- -- ---~----I~--
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DEVON PARK SUBDIVISION No. 2 ~ ~ ~ I N ~
BOOK 91, PAGE 10854 ~ I W o
BLOCK 1, LOT 4 ° i i I l~ m
WITHIN THE SW1 /4SE1 /4, SECTION6, o' _~ j 1 N
N ~ 36.00' I I
T3N, R1 E, B.M., CITY OF MERIDIAN,
ADA COUNTY, IDAHO i I 1
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GRACE ASSISTED LIVING
WITHIN LOT 4, BLOCK 1,
DEVON PARK SUB. No. 2
WATERLINE EASEMENT
CLIENT: DWG #
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CIVIL AND STRUCTURAL ENGINEERING
Exhibit A
City of Meridian Waterline Easement No. 3
for Grace Assisted Living
A portion of Lot 4, Block 1 of Devon Park Subdivision No. 2, as per the Plat
thereof, in Book 91, Page 10855, Ada County Plats, within the Southwest Quarter
of the Southeast Quarter (SW1/4SE1/4) of Section 6, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, as follows:
Commencing at a Brass cap marking the Center 1/4 Comer of said Section 6 as
per Corner Perpetuation Record, instrument number 9265307, Ada County
Records;
thence, along the North-South Centerline of said Section 6, South 00°20'01" West,
1301.12 feet, to the Northwest Corner of said Lot 4, Block 1;
thence, along the West Line thereof, South 00°20'01" West, 325.00 feet, to the
Southwest Corner of said Lot 4, Block 1;
thence, along the South Line thereof, North 90°00'00" East, 103.10 feet;
thence North 00°00'00" West, 28.19 feet, to the POINT OF BEGINNING;
thence North 00°00'00" West, 36.50 feet;
thence North 90°00'00" East, 49.50 feet, to a point on the westerly Line of a certain
"Sewer/Water Easement", as shown and granted on said Devon Park Subdivision
No. 2 Plat;
thence along said westerly Line, South 00°20'01" West, 20.00 feet;
thence North 90°00'00" West, 21.38 feet;
thence South 00°00'00" East, 16.50 feet;
thence North 90°00'00" West, 28.00 feet, to the POINT OF BEGINNING.
Containing 1451 square feet, more or less.
LAND ~,
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Meridian City Council
~ August 22, 2006
Page 2 of 81
is guiding their deliberation? Bless each one present here today, we pray in Jesus'
name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Pastor Thompson, we appreciate you being with us tonight. I'd like to give
you one of our pins. Thank you so much. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On our Consent Agenda, resolution number, Item G, is 06-526. Regular agenda,
Items 12 and 13 have been requested by the applicant to be continued to nine --
September 26, 2006. And Item 21 has been asked to be continued to September 5th,
2006. And Items 23, 24, 25, and 26 ordinances start with number 06-1252, 06-1253,
06-1254, 06-1255. And with that I move we approve the agenda as noted.
Rountree: Second.
De Weerd: Mr. Bird, I would like to add an Item C under Department Reports for the
Mayor's office regarding the letter I placed in front of you.
Bird: Okay.
De Weerd: Request for support of ACHD's impact fee ordinance.
Bird: Motion maker agrees to that.
Rountree: Second agrees.
De Weerd: Thank you. Is there any -- oh, I don't want to -- I don't want discussion. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 16, 2006 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law: AZ 06-015 Request
for Annexation and Zoning of 182.60 acres to R-8 (Medium Density
Residential) (168.23 acres), TN-R (Traditional Neighborhood-
Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94
acres) zones for Tanana Valley Subdivision (f.k.a. -Lookout
Meridian City Council
August 22, 2006
Page 4 of 81
Road, Victory to Ridenbaugh Canal and ACHD Proiect 303014.
Victory Road & Eagle Road Intersection:
K. Public Works Chance Order Number 1 for Power and Radio
Installation at 3 PRV Sites with AME Electric:
L. Public Works Chance Order No. 1 for the East Ustick Road
Widening Proiiect (Design) with Quadrant Consulting, Inc:
M. Water Main Easement Agreement for Grace Assisted Living
Phase II by Grace @ Fairview Lakes, LLC:
N. Water Main Easement Agreement for Haz-Tech Subdivision
with Frey, LLC:
O. Streetlight Agreement for Settlement Bridge No. 4 with Capital
Development:
P. Streetlight Agreement for Settlement Bridge No. 5 with Capital
Development:
Q. SHP 06-001 Request for Short Plat Approval for Hastings
Subdivision No. 1 consisting of 4 commercial office building lots
on 1.57 acres in a proposed L-O zone by Monterey, LLC:
R. SHP 06-002 Request for Short Plat Approval for Hastings
Subdivision No. 2 consisting of 4 commercial office building lots
on 1.57 acres in a proposed L-O zone by Monterey, LLC:
S. School Resource Officer Agreement between the Meridian
Police Department and Meridian School District:
De Weerd: Okay. Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes Resolution No. 06-526,
Item G, and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda in front of you. Is
there any discussion? Mr. Berg, will you, please, call roll.