Water Main Easement with El Dorado Hotel Partners, LLC and Kimball Properties Limited Partnership for Meridian MerriottADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08/24106 01:51 PM
DEPUTY Patti Thompson II I I I II II I II I I II II II'I II I I II II II I I'II
RECORDED-REQUEST OF 16137046
City of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this Z(1 day of j~l , 200(0 between El Dorado Hotel Partners LLC, and
Kimball. Properties Limited Partnership, the partie 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 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
Water Main Easement Marriot Water
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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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
Kimball Properties Limited Partnership
Winston H. M ore, g ra art e' r
STATE OF IDAHO )
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County of Ada )
On this _~ day of J ~• ~y , 20 0 ;-before me, the undersigned, a Notary Public in
and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner
of Kimball Properties Limited Partnership, a partnership and he duly acknowledged to me that he
executed the within instrument on behalf of said partnership and that said partnership 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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I STATE OF CALIFORNIA ) I
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1 COUNTY OF RIVERSIDE )
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1 On o~ ~ , 2006 before me, Noreen M. Tripp-Hudson, Notary Public, personally appeared 1
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satisfactory evidence to be the person(s) whose name(s) isEm~ subscribed to the within instrument and
1 acknowledged to me that hey executed the same in hisir authorized capacity(~s), and that by 1
I his/Yrea• signature( on the instrument the person(a), or the entity upon behalf of which the person(~j acted, I
executed the instrument.
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I WITNESS my hand and official seal. _ _ _ ~ I
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I The information below is not required by law. However, it could prevent fraudulent attachment of this 1
acknowledgement to an unauthorized document. I
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GRANTOR:
El Dorado Hotel Partners, LLC
By !^ ~~~ ~.~.
William E. Swank, Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On this day of , 20_, befor me, the undersigned, a Notary Public in
and for said State, personally eared William E. S k, known or identified to me to be the a
manager of El Dorado Hotel Partne LLC, and he d y acknowledged to me that he executed the
within instrument on behalf of said LL d that sai LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set mend and affixed my official seal the day and year
first above written. /~
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GRANTEE: CITY OF MERIDIAN \~~` ~ ~~ ,~'~y~~
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Tammy de Weerd, M r = ,~
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Attest by William G. Berg, City erk /r,''~'~~-1rsloi,~~~o~~~"~~~``
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada )
On this Zl~t day of ~~ ~~~~~~t , 200ft; 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)
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EXHIBIT A
Water Main Easement Description
Meridian Marriot
A Water Main easement located on a portion of Lot 2 and a portion of Lot 3 of Block 5, of the
Bonito Subdivision, as filed in Book 86 of Plats at pages 9783 thru 9788, Instrument Number
103142839 and Amended by an Affidavit, recorded as Instrument 1Vo. 103170815, Ada County
Records situated in the East % of Section 20, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the Southwest Corner of said Lot 2 also being the Southeast Corner of said Lot
3, thence along the South boundary of said Lot 2, South 73°24'00" East 20.35 feet to the West
line of a Water Main easement recorded as Instrument Number 106060852, records of Ada
County; thence following said West line North 16°39'54" East 5.66 feet; thence North 0°00'00"
East 45.55 feet to the POINT OF BEGINNING; thence continuing along said West line
North 00°00'00" East 20.00 feet; thence leaving said West line
North 90°00'00" West 36.13 feet; thence
South 00°00'00" West 20.00 feet; thence
South 90°00'00" East 36.13 feet to the POINT OF BEGINNING.
Said easement is subject to existing easements of record and of use and contains 723 square feet,
more or less.
Water Main Easement Marriot Water
1904 W. Overland • Boise, ID 83705 Phone (208) 34~~~jr Fax (208) 342-0092 • Email: quadrant@quadrant.cc
Civil Engineering • Surveying • Construction Management
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EXHIBIT B
CITY OF MERIDIAN
WATER MAIN EASEMENT
MERIDIAN MARRIOT PROJECT
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Civil Engineering • Surveying • Construction Management
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N 90'00'00"W
Meridian City Council
August 8, 2006
Page 3 of 40
F. Findings of Fact and Conclusions of Law for Approval: PP 06-
022 Request for Preliminary Plat approval of 32 building lots and 3
common lots on 9.98 acres in a proposed R-4 zone for Prato Villas
Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202
W. Daphine Street:
G. Approve New Beer and Wine License Applications for Sizzler
No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road:
H. Approve Beer and Wine License Transfer from Albertsons,
Inc., to New Albertsons. Inc. for Albertson's #164 located at
20 E. Fairview Avenue:
Approve Beer and Wine License Transfer from Albertsons,
Inc., to New Albertsons. Inc. for Albertson's #180 located at
3301 W. Cherry Lane:
J. Sanitary Sewer and Water Main Easement Agreement for
Settlement Bridge No. 6 by Capital Development, Inc.:
K. Change Order No. 2 for the Black Cat Lift Station with JC
Constructors, Inc.:
L. Water Main Easement Agreement for Lot 3, Block 5, of Bonito
Subdivision with EI Dorado Hotel Partners, LLC:
M. Water Main Easement for the Eagle Road - 184 to Franklin
(Water Main Relocate) Project with St. Luke's Meridian Medical
Center:
N. Wastewater Treatment Facility Process Enhancement Study
for Miscellaneous Wastewater Projects with HDR Engineering,
Inc.:
O. Permanent and Temporary Easement Contract for Naomi
Farms, LP for North Black Cat Project:
P. Contract for Geotechnical Services for Well 27A and 27B with
Hydrologic:
Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the
Centrate Equalization Tank Construction Management
Services with Carollo Engineers:
R. Senior Center Rehabilitation Phase II Accessibility ICDBG-06-
III-05-SR
Meridian City Council
August 8, 2006
Page 4 of 40
S. Development Agreement: AZ 06-007 Request for Annexation
and Zoning of 59.88 acres from RUT to R-8 zones for Solitude
Subdivision by Providence Development Group, LLC -south of
East McMillan Road and east of North Meridian Road:
T. Development Agreement: RZ 06-001 Request for a Rezone of
5.40 acres from R-8 to L-O (Limited Office) zones for Sundance
Subdivision No. 5 by Dave Evans Construction -northeast corner
of Ustick Road and Meridian Road:
U. Resolution No. 06-525 CPA 05-001 Request to Amend
the Future Land Use Map of the Comprehensive Plan for
Approximately 50 acres from Medium and Low Density Residential to
Mixed Use-Regional, by the South Eagle Road and Victory Road
Property Owner's Alliance -Land at or near the northeast and
southeast corners of South Eagle Road and Victory Road:
V. Lease Agreement with Xerox new Copy Machine in City Clerk's
Office:
W. Agreement for Professional Services for Wireless Network
Infrastructure Maintenance, Operation Support, and Repair
with Zial Network:
De Weerd: Item No. 5 is Consent.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and that would include
Resolution 06-525, CPA 05-001, and for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any
discussion? Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Police Department -Chief Bill Musser