Water Main Easement with Frey, LLC for Haz Tech SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08131106 02:23 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I II II~~I ~~ea I
City of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this ~~v day of ~ 20 ~ between PIPE ~ L L~ ,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 Grantee theright-
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 suG~essors
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 Frey_Easmt_Wtr_Main
page,. 1...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 yeaz first herein above written.
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , 20410' before me, the u}dersigned, a Notary Public in
and for said State, personally ap azed .Ji4z:~e-. Q_ YvuN~ and
~v IC ~Eic.L y ,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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written. ~~ ~~
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Water Main Easement F PEa~_Wtr oM~
GRANTOR: I~QE y L . L . ~ _
GRANTEE: CITY OF MERIDIAN
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Tammy de W rd ayor ~. ~
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Attest by William G. Berg, ity Clerk ~%~ 4~ r t:t ~"~~`
Approved By City Council On: c~~ C>> • ~~~'•`~~
STATE OF IDAHO,
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County of Ada )
On this day of l ~ `~ 20 ~ ~ before me, the undersigned, a
Notary Public in and for said State, personally ap 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)
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Water Main Easement
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NOTARY PUBLIC FOR IDAHO ~~
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Frey_Easmt Wtr_Main
TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project No.: 2973
Date: July 24, 2006
EXHIBIT "A"
DESCRIPTION OF
MERIDIAN WATER LINE EASEMENT
FOR
FREY, LLC
A parcel of land being a portion of Lot 2 of Block 1 of Haz-Tec Subdivision as on
file in Book 90 of Plats at Pages 10483 and 10484 in the Office of the Recorder for Ada
County, Idaho, said parcel being situated in the SE 1/4 of Section 11, T.3N., R.1W.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at the Southeast corner of said Lot 2; thence along the East line
of said Lot 2
North 00°58'55" West 24.00 feet to the POINT OF BEGINNING; thence leaving
said East line of Lot 2 along a line parallel with the South line of said Lot 2
South 89°30'19" West 27.00 feet to a point; thence along a line parallel with the
East line of said Lot 2
North 00°58'55" West 25.00 feet to a point; thence along a line parallel with the
South line of said Lot 2
North 89°30'19" East 27.00 feet to a point on said East line of Lot 2; thence along
said East line
South 00°58'55" East 25.00 feet to the POINT OF BEGINNING.
Said Easement contains 675 Square Feet, more or less.
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0 10 20 40
SCALE IN FEET
I" = 20'
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~XNIBIT "B"
WATER LINE EASEMENT EXHIBIT FOR
FREY , LLC
LOT 2 , BLOCK I ,
HAZ-TEC SUBDIVISION,
LYING IN THE SE I/4 ,
SECTION II, T.3N., R.IW., B.M.,
MERIDIAN , ADA COUNTY , IDAHO
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N 89 °30' 19"
FIRE SERVICE
27.00'
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WATER SERVICE ~ al
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EXIST. 8" COMMERCIAL
SERVICE w/BLOWOFF
POINT OF
BEGINNING
27.00' u,
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IOW IOW IOW o ~ ~ IOW
MARCON LANE °
24' BLANKET SANITARY SEWER (PRIVATE) N p N
AND WATER EASEEMNT. _
INSTRUMENT N0. 102148793
S 89 °30' 19" W 240.00'
DEVELOPER/OWNER:
FREY, LLC
c/o R. KIRK REILLY
(208) 378-8713
845 WEST ROLLINS STREET
BOISE , IDAHO 83706
2973-watereose.dwg 07-24-06 1145 12 anw
2' WITNESS CORNER Z
S 89 °30' 19" W 358.51'
SE CORNER
LOT 2
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 Vallev Subdivision (f.k.a. -Lookout
Meridian City Council
August 22, 2006
Page 4 of 81
Road, Victory to Ridenbaugh Canal and ACHD Project 303014,
Victory Road & Eagle Road Intersection:
K. Public Works Change Order Number 1 for Power and Radio
Installation at 3 PRV Sites with AME Electric:
L. Public Works Change Order No. 1 for the East Ustick Road
Widening Proiect (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.