Water Main Easement with GRH Ten Mile for Walgreen'sADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 '
BOISE IDAH011102106 01:42 PM
RECORDEDs REQUEST OF III IIII'~I~II'~~~~~~I~~~I~IIIIII ~~ ~~~
Ciry of Meridian 106173~~7
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of Q , 2006 between GRH Ten Mile
LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability
company, collectively 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 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
Water Main Easement
Meridian Water Main Easement
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described for this easement, which would interfere with the use of said easement, for the
purposes stated herein. Notwithstanding the foregoing, the improvements existing within the
easement area as of the date hereof or similar improvements thereto are permitted and not in
violation of this easement.
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.
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.
[remainder of page intentionally left blank.]
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Meridian Water Main Easement
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GRANTOR:
GRH TEN MILE LLC, an Idaho limited
liability company
By: G R. awki s
Its: Mana er
HACKER PROPERTIES LLC, an Idaho limited
liability company
By: Colby ker
Its: Manager
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~~~~~~~ , 2006, before me, the undersigned, a Notary Public
in and for said State, personally appeared Gary R Hawkins and Colby Halker, known or identified
to me to be the Managers, respectively, of the limited liability companies that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEAL) ,~ ' r NOTARY PUBLI R IDAHO
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Water Main Easement 3 Meridian Water Main Easement
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GRANTEE: CITY OF MERIDIAN \;,~~ `~-~ ~ °° •'~,,,~~
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Tammy de e ayor .,
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Attest by William G. Be ,City Clerk ~~1~
Approved By City Council On: ~ ~ll~ Ol~
STATE OF IDAHO )
County of Ada
ss.
On this day of ~~~~~1 , 2006, 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) ~•~; ~OT~
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Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at: rY~Z( (~~~~ ~ :~c{~
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4 Meridian Water Main Easement
Page
I450 East Watertower St
Suite L50
Meridian, Idaho 83642.
Project No. 05-013
DESCRIPTION FOR
WATER LINE EASEMENT
HAWKINS COMPANIES
.`Phone (208):846-8570-
Fax {208} 884-5399 .
April 10, 2006
A water line easement located in the SW1/4 of the SW1/4 of Section 2, T.3N.,
R.1W., B.M., Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the SW corner said Section 2;
thence along the West boundary line of said Section 2 North 00°19'07" East,
345.50 feet;
thence leaving said West boundary line South 88°38'31" East, 36.13 feet to a
point on the East right-of--way line of North Ten Mile Road, said point also being the
REAL POINT OF BEGINNING;
thence continuing South 88°38'31" East, 86.60 feet;
thence South 44°42'23" East, 31.67 feet;
thence South 89°43'20" East, 80.88 feet;
thence North 00°16'40" East, 20.45 feet;
thence South 88°38'31" East, 14.00 feet;
thence South 00°16'40" West, 20.19 feet;
thence South 89°43'20" East, 57.45 feet;
thence North 00°19'07" East, 19.11 feet;
thence South 88°38'31" East, 20.00 feet;
thence South 00°19'07" West, 49.43 feet;
thence South 56°45'09" West, 12.71 feet;
thence North 52°05'27" West, 29.03 feet;
thence North 89°43'20" West, 147.02 feet;
S:\ISG Projects\Hawkins Tenmile (05-013)\Documentslten mile water EASE DESC.doc
Page~A~..
thence North 44°42'23" West, 42.64 feet;
thence North 89°42'23" West, 69.94 feet to a point on the East right-of-way line
of North Ten Mile Road;
thence along said East right-of-way line North 02°12'03" West, 13.87 feet to the
REAL POINT OF BEGINNING, containing 6,317 square feet, more or less.
Gregory G. Carter, P.L.S.
S:\iSG Projects\Hawkins Tenmile (05-013)\Documents\ten mile water EASE DESC.doc ~ ~7
Page~_px._.!_
Prepared by:
Idaho Survey Group, P.C.
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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:
I. 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 -
1515West 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 ACRD 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,
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?