Loading...
Water Main Easement with Vintage Properties, LP for Jaker's Restaurant (2)ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ~ BOISE IDAH011102106 01:42 PM RECORDED$ REQUEST OF III I~II~II~II~I~IIIIIIIIIIIIIIIII ~ III City of Meridian 10~ 17326 WATER MAIN EASEMENT THIS INDENTURE, made this 11 th day of October, 2006 between Vintage ~operties L.P., the parties of the first part, .and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe 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 ofthe 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 properly: (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 ofthe 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 ofthe 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 Jakers_EASMT_WTR MAIN.doc P~~ 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. ~~61~ANTOR: Executive Management, Inc., General Partner of Vintage Properties L.P., by its Vice President STATE OF IDAHO ) ss County of Ada ) On this ~_ day of D ~~ ~ , 20 66 ,before me, the undersigned, a Notary Public in and for said State, personally appeazed Randall Thompson ,known or identified to me to be the Vice President 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. (SEAL) ~ NoT~Ry ~. ,...- pU B LAG s GRANTEE: CITY OF MERIDIAN Water Main Easement NOTARY P L,}C FOR AHO Residing at /~ ~o ~ ~~ Commission Expires: wrt% ~, a9ir fakers EASMT WTR MAIN.doc ~ ' \~,~~,~tt rr r i rrrrrrr~~ \~ l~ ~°i. ~~ ~'$ r'r ~~ ~ ~~ Tammy de W a ' ~~i`~ i` ~ A~ ,p Attest by William G. Berg, ity Jerk ~%`~~,f ~ t~~ ' ~''~,;' ,,~ ~ . ~r~ , ~. Approved By City Council On: ,~rrtrr„r ,e~ T STATE OF IDAHO, ) ss. County of Ada ; On this ~, ~ day of (~C ,~ I ~~~~'C ~ , 20~~' 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. ••••~„-OT~.tiQ•••• ~1~~ 1 t 7 ),~, Z 1. t C _~ (SEAL) ~ g' ~ ~ i NOTARY PUBLIC FOR IDAHO . ~ '~ : Residing at: (~`~ Y C ~)<1 ~~~ • ~ ~ • • Commission Expires: ~L -15~ ~ // • • .clay ~ ~~'~$~jjC : ~ ~• • .•~ ~ • • Water Main Easement Jakers_EASMT_WTR MAIN.doc Page~~...SJ1._ TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702 SURVEYING (208 385 0636 Fax (208) 385-0696 Project No.: 2992 Date: October 6, 2006 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR JAKER'S RESTAURANT. MERIDIAN, IDAHO A parcel of land being a portion of Lots 6 and 7, Block 1, Reagan Subdivision as on file in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for -. Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 9, T.3N., R.1 E., 'B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast comer of said Lot 6; thence along the South :boundary of said Lot 6 South 90°00'00" West 40.00 feet to a point on the West line of an existing City of Meridian water main easement; thence leaving said South boundary and along said `.West line North 01°08'13" East 60.52 feet to the POINT OF BEGINNING; thence leaving -said West line at right angles ..`North 88°51'47" West 32.00 feet to a paint; thence at right angles North 01°08'13" East 20.00 feet to a point; thence at right angles South 88°51'47" East 32.00 feet to a point on said West line of an existing water main easement; thence at right angles along said West line South 01°08'13" West 20.00 feet to the POINT OF BEGINNING. Said Parcel Contains 640 Square Feet, more or less. 2892-water-easement.do~ anw EXHIBIT "B" MERIDIAN WATER MAIN EASEMENT EXHIBIT FOR JAKER'S RESTAURANT sTUaTED u~ PARCa a of R.os. see POR110NS OF L0T5 6 AND 8, ALL OF LOT 7, SOCK 1, REAGaN SUfrmlVls~i, LYING N~1 THE NN t/4, SECTION 9, T.I., RJE, B.M,, IJER~IAN, ADA COUNTY, ~AHO I I I I I I I rI-~ I I l i EP W f c°- I 1 o m -a---- z ~ N m N ~ SW CORNER LOT 8, BLOCK I """""" 3 I OF REAGAN ,,.......... ' SUBDIVISION v N I ............ Z .I............ ............ C __' ~ I _.~ ~ W L/ I ao _ I m a~ I o w _ ~ LOT 6 _ Z LOT 5 I ( I I I I t I EP °00'00" ~ ,_ I:,4„,.~~r:u EP EP i ~ I I I I c I I EP i I i I `...Y'~`.... .00' WITNESS j. CORNER I I ............ LOT 6 ! LOT 7 ~. """ PROPOSED i~~"'°""' JAKER'S ~...... _... """"""" RESTAURANT ........... --- i ... ;;m _ PROPOSED 20' S 88.51'47' E .....' ......."..... --- MERIDIAN WATER EASEMENT 2.00' i..__ ..... ...............~ W I. _' ..... "'~'~ LOT 7 • ~ --- ... ..... l0T 6 .............. __ . - o o oQ ,aoo ~~ ~N.. ~ o o. . Z .~. N 88 • 1'47' W _ 32.00' I' W' ~"' 3 ,~°~ POINT OF ! "-' a.„ I ~ BEGINNING ! 0 0 • ~o o ~ i X64.07 ~ ._ _ Z ~ . 0' S 90'00'00' W 304.08' 4.00' WITNESSS :;,4f?;;;:!. ., CORNER ! I :J r .. ~~~~~~~ '' VV EXISTING 20' CITY OF ! I MERIDIAN WATER MAIN EASEMENT. SEE PLAT OF REAGAN SUBDIVISION I I 1~ I~ l 3 m m 0 0 N SE CORNER LOT 6, BLOCK I OF REAGAN SUBDIVISION ~~1 i N. i I 0 25 50 100 SCALE IN FEET I" = 50' VINTAGE PROPERTIES P.O. BOX 1486 BOISE, IDAHO 83701 '1992-Waier-Sewer-EasemeM.dwg 10-06-06 14:50:52 dmarks Page~~ EXHIBIT "B" MERIDIAN WATER MAIN EASEMENT EXHIBIT FOR JAKER'S RESTAURANT SINAlEO N PARCEL B ff RO.S 7388 POR110IS OF LO15 6 Ate 8, ALL OF LOT 7. BLOCK 1. REA6AN SUBDIVISION, LYN6 N 1HE NM 1/4, SEC110N 9, T.3N.. R'E., B.LL, ~tAN. ADA COINiiY, gAHO ~ ~ ~ ~~~~~:. ~ ~ ~~ f 1 i li.n.~. ?3R3 1 I I 1 I ~ (-I-7- KP Ea Ev Ev KP I : w I +o_ om ~ ( z i~ N o+ u+ u+ 3 v' N N O Z w `ao _ ' P ~ m N O 0 z i I I ~€~ ~~y~ r PROPOSED JAKER'S RESTAURANT 4.00' WITNESS I CORNER SW CORNER ; LOT fl. BLOCK t OF REAGAN .».»....._ ; PROPOSED 20' S 8 8.51'47' E St~D1VtS10N ..»........». »....,, ._... ~ MERIDIAN WATE R 00' ~ . .... » » ....... _.. EASEMENT . ....» ... I ~ ............. ....... .. . ».. 9 W I. _... I ~ _.._......._.i...».»......- LOT 7 ..»»».._.. 3 ..».».»..».t........»_... LOT 6 ..»..... o - o» in .I`..."'". ~ O ~~ . ` N o • ` O O Z ~ ~ N 88 2 147" W y 1 i I W !• ~ . POINT OF I ~^ - N SE CORNER ~ BEGINNING _ I o LOT b. BLOCK I j o OF REAGAN I ; ` i ( O ~ : SUBDIVISION ] ~ ' ~ LOT b ~69,Q7' 1 Z _ rt _ LOT 5 S. 90.00'00' W 304.08' 4 ~~ WtTNES~ CORNER 1 ! ?~Mf?i,EL V I ~ R.u.y. 8V I EXISTING ZO' CITY OF I MERDIAN WATER MAIN I I EASEMENT. SEE PLAT OF I REAGAN SUBDIVISION I I `l r5 I E N.' i 0 25 50 100 SCALE IN FEET I" = 50' VMTAGE PROPERTIES P.O. BOX 1486 BOISE, IDAHO 83701 2992-Woter-Sewer-Eosemeni.dwg 10-06-06 14:50:52 dmarks ~~~ Meridian City Council October 24, 2006 Page 2 of 66 Taylor: It is. De Weerd: I would like to present you with a pin as well and thank you for joining us. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4, Council, is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item H resolution number is 06-538. I is 06-539. On the regular agenda Items 8 and 9 has been asked to be pulled until November 8, 2006. And the applicant asked for that. And we have to pull 10 and 11 until November 8th, 2006, because of the annexation. And Item No. 17 ordinance number is 06-1271. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of September 19, 2006 City Council Regular Meeting: B. Approve Minutes of September 26, 2006 City Council Regular Meeting: C. Approve Beer and Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 N. Main St.: D. Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District: E. Water Main Easement Agreement for Walgreen's by GRH Ten Mile & Halker Properties: F. Water Main Easement Agreement for Jakers Restaurant by Vintage Properties, LP: Meridian City Council October 24, 2006 Page 3 of 66 G. Approve Agreement for Stenographic Services with MD Willis Inc. H. Resolution No. :CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers -between Meridian Road and Eagle Road & between Columbia Road to '/ mile north of Amity Road: Resolution No. CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thornton Oliver Keller - 1515 West Ustick Road and 3195 North Linder Road: J. Renewal of Contract for Prosecution Services with the City of Boise: K. Contract for Expedition Technical Assistance to set up Biosolids Improvement Project with CH2M HILL: L. Agreement for Professional Services with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Locust Grove Franklin to Fairview Proiect: M. Public Works Change Order No. 1 for the Blackstone LS Abandonment with Star Construction, LLC: N. Contract for the Sewer Modeling Technical Assistance with CH2M HILL: De Weerd: Item 5. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution 06-538, 06- 539, and for the Mayor to sign and the Deputy Clerk to attest on all proper papers. Meridian City Council October 24, 2006 Page 4 of 66 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mrs. Smith, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Presentation by Mayor's Anti-Drug Coalition: De Weerd: Okay. Item 6 under department reports. We have a presentation for you tonight that we tried to show last week and I apologize for the technical difficulty. I'm very nontechnical. But we have tested it before tonight's meeting, so it will work. Just a little background. The Mayor's Anti-drug Coalition partnered with KTVB Channel 7 to provide a video that we could steam on our website as well to present to our citizens and our civic community and presentation as to our challenges with meth in this valley, as well as in our community, and so this is the presentation that was the end product. (Video shown.) De Weerd: This week is Red Ribbon Week and it is a week that we celebrate good choices that our young people are making to stay drug free and to stay away from drugs. This, again, was made in partnership with Channel 7, KTVB, and we appreciate their involvement. We have a powerful message to send and meth is an issue in our community and so, Council, that is something that we will have on our website that people can click onto and, hopefully, gain a message from, as well we will be available to present to civic organizations to help spread the word. We did have Myrna Camarena, she is the sister of KiKi Camarena, the DEA agent that was killed in Mexico, the whole reason Red Ribbon Week started. She came and spoke at the Boys and Girls Club last week as our guest and we are doing amulti-faceted approach to keep this high profile in front of people to make better choices. So, John, do you have anything you would like to add? Overton: Madam Mayor, Members of the Council, I don't think there is anything I can add on top of what we just watched. I mean I have talked to Shelly Oldham personally, I have seen her scars. They are real. It tells the tail. And, you know, I think one of the things we recognize is we probably have one of the most outstanding programs statewide right now in addressing this and we just need to keep it rolling. De Weerd: Thank you. Council, any questions?