Water Main Easement with Valley Shepherd Church for Valley Shepherd ChurchADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
IDAH011120106 1210 PM
BOISE
DEPUTY Gail Garrett III IIIIIIIIIIIIIIII'~if I'll~l~ III ~~~
RECORDED-REQUEST OF 1061~~6~~
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~1~day of October, 2006 between Valley Shepherd Church of the
Nazarene, 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 and service 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 operation and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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EASMT.WTR 2.doc
Pa,Be~
any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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.
Je D. Johnson
STATE OF IDAHO )
ss
County of Ada )
On this ~~~ day of October, 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared Jerald D. Johnson, known or identified to me to be the
President, 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 first above written.
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Water Main Easement Page 2
EASMT.WTR 2.doc
P,~~.
CITY OF MERIDIAN
Tammy e Weerd, Mayor
iz~~ t
illiam G. Berg, Jr., City erk
Approved by Council on
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STATE OF IDAHO, )
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County of Ada, )
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On this l ~ day of ~,~~~~'t'I'i1 ~~~~ ,200 before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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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~~~lti'~ ~~1 l~Zi~Z
Notary Public for Idaho
Residing at: ''1 ~(' ~~~:)~~- ,~c~~
My Commission Expires: /C.--~~_- //
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EXHIBIT "A"
A 20 foot wide Water Line Easement over, under and across a parcel of land situated in a
portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at an aluminum cap monument marking the SE corner of said Section 24,
thence along the East line of said Section 24 N00°39'10"E a distance of 1330.33 feet to a
5/8 inch rebar marking the SE corner of said NE1/4 of the SE1/4, from which an
aluminum cap monument marking the NE corner of said NE1/4 of the SE1/4 bears
N00°39' 10"E a distance of 1330.56 feet, thence along the South line of said NEl/4 of the
SE1/4 N89°24'54"W a distance of 461.65 feet to a point marking the POINT OF
BEGINNING;
Thence leaving said South line N03°33'41"W a distance of 236.68 feet to a point;
Thence N00°31'57"W a distance of 373.73 feet to a point;
Thence S89°31'55"W a distance of 162.28 feet to a point;
Thence N00°02' 13"W a distance of 400.03 feet to a point;
Thence N89°34'37"W a distance of 163.58 feet to a point;
Thence N00°45'45"E a distance of 20.00 feet to a point;
Thence S89°34'37"E a distance of 287.66 feet to a point;
Thence S45°02' 13"E a distance of 106.23 feet to a point;
Thence N89°25'27"E a distance of 17.22 feet to a point;
Thence N00°34'00"E a distance of 15.01 feet to a point;
Thence S89°26'00"E a distance of 20.00 feet to a point;
Thence S00°34'00"W a distance of 14.61 feet to a point;
Thence N89°25'27"E a distance of 17.76 feet to a point;
Thence N44°24'08"E a distance of 25.99 feet to a point;
Thence S45°35'52"E a distance of 20.00 feet to a point;
Thence S44°24'08"W a distance of 34.28 feet to a point;
Thence S89°25'27"W a distance of 9.72 feet to a point;
Thence S00°34'33"E a distance of 18.56 feet to a point;
Thence N89°46'36"W a distance of 20.00 feet to a point;
Thence N00°34'33"W a distance of 18.28 feet to a point;
Thence S89°25'27"W a distance of 41.96 feet to a point;
Thence N45°02' 13"W a distance of 106.44 feet to a point;
Thence N89°34'37"W a distance of 96.01 feet to a point;
Thence S00°02' 13"E a distance of 379.72 feet to a point;
Thence N89°31'55"E a distance of 152.15 feet to a point;
Thence N89°57'36"E a distance of 323.88 feet to a point;
Thence N46°27'59"E a distance of 16.12 feet to a point;
Thence S43°32'01"E a distance of 20.00 feet to a point;
Thence S46°27'59"W a distance of 24.10 feet to a point;
Thence S89°57'36"W a distance of 321.73 feet to a point;
Thence S00°31'57"E a distance of 373.11 feet to a point;
0056140.04 Water line Easement 091406 Page 1 of12
Thence S03°33'41 "E a distance of 179.86 feet to a point;
Thence S89°24'21 "E a distance of 244.40 feet to a point;
Thence S00°35'39"W a distance of 39.85 feet to a point on the North right-of--way line of
W. Maestra St;
Thence along said North right-of--way line and along the arc of a curve to the left having
a radius of 207.00 feet, an arc length of 20.03 feet, a central angle of 5°32'40" and a
chord bearing S87°48'46"W a distance of 20.02 feet to a point;
Thence leaving said North right-of--way line N00°35'39"E a distance of 20.82 feet to a
point;
Thence N89°24'21"W a distance of 222.95 feet to a point;
Thence S03°33'41"E a distance of 37.69 feet to a point on said North right-of--way line;
Thence along said North right-of--way line N89°24'54"W a distance of 20.05 feet to the
POINT OF BEGINNING.
Said easement contains 45,822 square feet or 1.05 acres more or less and is subject to all
existing easements and orrights-of--ways of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
0056140.04 Water line Easement 091406 P ge~2e-i~ _ f
EXHIBIT "B"
WATER LINE EASEMENT
A PORTION OF THE NEl/4 OF THE SE1/4 OF SECTION 24
TOIINSHIP 3 NORTH, RANGE 1 HEST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2008
BEAR CR\K ~/
N00'45'45"E SUBDIVISION NO~~
23.79' 0
~ - ` - - - S45'02'13"E
S89'34'37"E 287.66' 106.23'
8 34'37"W 163.58' N89'34'37~
N00'45'45"E 96.0 , i -
20.00' l
i I N45 02 13 W
106.44'
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LEGEND
- - - - BOUNDARY LINE
LOT LINE
EASEMENT LINE
SECTION LINE
QO FOUND 5/8" REBAR
O FOUND 1/2" REBAR
O CALCULATED POINT
® FOUND ALUMINUM CAP
CURVE TABLE
CURVE RADIUS LENGTH DELTA TANGENT CHORD OIR CHORD
Cl 207.00' 20.03 5'32'40" 10.02' S8T48'46"W 20.02'
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SEC. 24
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STRATA BELLISIMA
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DETAIL "A"
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S89'24'21 "E 244.40' 500'35'39"W (
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N89'24T21 "W 222 95
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N00'35'39~20.$y' 1 - - ~
N89'24'S4"W 461.65' ~O)51/16 CORNER
503'33'41 "E 37.ss' W. MAESTRA ST. M~~TI SEC. 2a
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VALLEY SHEPHERD CHURCH rllvivrt~l,~;
WATER E A S E NI E IV T Engineers, Inc.
17032 M. Cw,euOw Or.. Suit 0. BNR, krnr
OLANCEY ROCKWELL ~c ASSOCIwTES ~~~
(IW1 !!)-]100
Meridian City Council Special Meeting
November 8, 2006
Page 6 of 44
E. Findings of Fact and Conclusions of Law for Approval: PP 08-
040 Request for Preliminary Plat approval of 55 residential, 7
common lots & 1 other lot on 32.45 acres in an R-8 zone for
Shepherd Creek Subdivision by Valley Shepherd Church of the
Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road:
G. Addendum to Development Agreement: M106-002 Request to
Amend the previously approved Development Agreement for
Wals~reen'~ Pharmacy (RZ 05-008) to allow an 8 foot tall rather
than 6 foot tali CMU wall along the east property line by the
Hawkins Companies - 3150 West Cherry Lane:
H.
Dyver
with
Constructio0 with Carollo
J. Scoge o,~ Servicgs for „PRV SCADA Pros~ramm~ino with DC
Engineers:
K. Water Main Easement As~reement for Boo_„~, ndoc~C Proaerties,
LLC by Select Investment:
L. Approve ~argemen_„ t for Cre~merv Demolition and Tree
Removal with Ideal Demolition:
M. Contract for Wastewater Treatment Plant Expansion ~roiect
Task Order No. 4 with Carollo Engineers:
N. Contract for the Five Miie Creek Flow Measurement Studv with
Brown and Caldwell:
O. Water Main Easement A~reerpent .for Vallev S epherd Church
by Valley Shepherd Church of Nazarene:
P. Sanitary Sewer and Water Main basement Arareemer~t for
Vallev Shepherd Church by Valley Shepherd Church of the
Nazarene:
Q. Development Agreement: RZ 06-006 Request for a Rezone of
6.82 acres from R-8 to R-15 zones for Cedar Sprinos
Toyrrlhomes by John Flaherty Construction -south of West
McMillan and west of North Meridian Road:
Meridian City Council Special Meetlng
November 8, 2006
Page 7 of 44
in Conjunction with ACHD Project:
for Utility Projects
S. Development Agreement: AZ 05-056 Request for Annexation
and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from
RUT to C-C zone for Harks Canvon Cree~C Subdivi~iion by JBS
Enterprises, LLC -1845 West Franklin Road:
T. Development Agreement: Lamont Kouba / Robnett
Construction for Initial Point Subdivision on East Fairview
Avenue:
De Weerd: Item 5, Mr. Bird.
Bird: Madam Mayor, I move that we -- on the Consent Agenda, Item No. F be moved to
the regular agenda as 7-F. That is Resolution No. 06-540. And Item R I move that we
table that to November 14th, 2006. With that 1 move that we approve the Consent
Agenda as stated and for the Mayor to sign and the clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. Is there any discussion? Mr. Berg, will you calf roll.
Roll-Cali: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
B. Legal Department:
1. A roe SW__ AC ,Recommendation for Benches. far
Plavaround and Walking Path for Linder Elementary for
X1,369.00:
2. A,ppgove SWAC Recommendation on Park Benches for
Fuller Park for Western Ada Recreation District for
De Weerd: Okay. Item 6 A, we have already heard the proclamation for the Mountain
View High School soccer team, so we will move to Item B, our legal department. Mr.
Nary.