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
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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
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Tammy de W a '
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Attest by William G. Berg, ity Jerk ~%`~~,f ~ t~~ ' ~''~,;'
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Approved By City Council On: ,~rrtrr„r ,e~ T
STATE OF IDAHO, )
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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.
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(SEAL) ~ g' ~ ~ i NOTARY PUBLIC FOR IDAHO .
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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
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.....' ......."..... --- MERIDIAN WATER
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MERIDIAN WATER MAIN
EASEMENT. SEE PLAT OF
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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
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PROPOSED
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SW CORNER ;
LOT fl. BLOCK t
OF REAGAN
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PROPOSED 20' S 8
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SUBDIVISION
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LOT 5 S. 90.00'00' W 304.08' 4 ~~ WtTNES~
CORNER 1
! ?~Mf?i,EL V I
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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?