Loading...
Water Meter Easement with Eagle Meridian Hospitality, LLC for Town Place SuitesADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAH011I02lO6 01:42 PM DEPUTY Lisa Irby RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIII'llllllllll I II City of Meridian 1 p617~i~3 WATER METER EASEMENT THIS INDENTURE, made this ~~ day oif~~ ~~,~'~u06 between Eagle Meridian Hospitality LLC, 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 meter right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the meter is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said meter 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 the meter over and across the following described property: (SEE ATTACHED EXHIBITS A and B) (Only easement #2 applies to this easement document) The easement hereby granted is for the purpose of construction and operation of a water meter and its 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 after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. C:\Documents and Settings\DAVER\I,ocal Settings\Temporary Internet Files\OLK3C5\Water meter easement (2).doc ~,~, I ~ 5 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 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. G Dewey F. Weaver~x!~fanaging Partner STATE OF ss Parish of Ouachita ) On this o~g~ day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Dewey F. Weaver Jr., known or identified to me to be the Managing Partner of the LLC 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. (~ ;Vl~-~ ~-~-- NOTARY PUBLIC F Our~c~~~T~-,,oArl.~Sy, (~v~s~~a Residing at: ~~~-'~~ G11 Commission ~- ~ rL L, ~~ GRANTEE: CITY OF MERIDIAN C:\Documents and Settings\DAVER\Local Settings\Temporary Internet Files\OLK3C5\Water meter easement (2).doc ~aBeL~'~ Tammy de Weer , ay r /~--,~- Attest by William G. erg, Approved By City Council On: . _ _. - ~ ~s ~~ ~ ~~i `~~~'~- `'"'Q pis a T`~ _ ~~"~~~ - Viler ' ~ _ ~'~n~ "fir ~s~. , v~..,,~ ~~~',rrr~ +t, ,"~,~ STATE OF IDAHO, ) . ss. County of Ada ) On this ~ ~ ~~' day of '(1 ~;~ ~:~ ~~ , 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. .•••••. (SEAL) ••••~~,,Q~~,~' ~•~~F'~pT~~~~~, ~~~~ +~ • • , , . ~ ~ • i 1 i • • ~ ~ ~ • ~ • ,,,~ ~ • !~• ~~ f••• • (?C~, i r1 ~-~i l ~~ NOTARY PUBLIC FOR IDAHO Residing at: y°1r(~' (/~~, .~~:i' Commission Expires: ~ ~~ -- [ ~ _ / C:\Documents and Settings\DAVER\Local Settings\Temporary Internet Files\OLK3C5\Water meter easement (2).doc ~~~ 5 EXHIBIT "A" DESCRIPTION FOR WATER LINE FACILITIES EASEMENTS AT DORADO SUBDIVISION SEPTEMBER 1, 2006 TWO EASEMENTS LOCATED IN DORADO SUBDIVISION AS RECORDED IN BOOK 95 OF PLATS AT PAGES 11647 AND 11648, ADA COUNTY RECORDER'S OFFICE, SAID SUBDIVISION LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO. 1 COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 41°27'33" W 465.91 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°00'00" E 15.00 FEET TO A POINT; THENCE S 90°00'00" E 13.00 FEET TO A POINT; THENCE S 00°00'00" W 15.00 FEET TO A POINT; THENCE N 90°00'00" W 13.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; EASEMENT NO. 2 COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 34°16'22" W 878.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" W 12.00 FEET TO A POINT; THENCE N 90°00'00" W 27.50 FEET TO A POINT; THENCE N 00°00'00" E 12.00 FEET TO A POINT; THENCE S 90°00'00" E 27.50 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; ,,,,~~'~ ~ "~ ,,~ ~ ~6 19412-WATER-EASE '~'~"~,~ )) ~'1s~ 1~ P EXHIBIT "B" INTERSTATE-84 1/4 CORNER17~1s EASTBOUND OFF RAMP T -- --- ~ ° ~~ ~~ cD O ' /V ~ L-8 ~ ~ ~-- ,, ...~u,-z JL-6J ---~ --~ c~ o ~Iz ° ° I I I EASEMENT 2 ~ ~ a ° I I I I . o ~~ I I I ~ i EXISTING ~ ZIw , z ~ I MERIDIAN ~ J . Z o I I EASEMENT Z I 5 I I I I I INSTRUMENT N0. ~ Z ~ I I 1106042307 I N II I a II I ~ I I I I ~ ~ Q i Ji~~' EASEMENT 1 I I I `~ ~ I ~-' ~ I I -- o I I -~ ~ ~A. ~ I ~~ ` _ _ I ~ U ~ -- J C ~ I I A' a --- ~ I I ~ ~>. I I ss9 ~,, ~ I I , ~ I I o I I I ~ I I I I ~. . ~ . ~~~ ~ . ~ ~ 17 281.90' ~ " ' _ 20 W 2656.73 18 SECTION LINES 89'46 OVERLAND ROAD 1/4 CORNER r Z a J Z O " REVISIONS w z Q O s, h ~ 5°.y"rv Q 0 DRAWN: MEM LINE TABL E LINE LENGTH BEARING L-1 15.00 N 00'00'00"E L-2 13.00 S 90'00'00"E L-3 15.00 S 00'00'00"W L-4 13.00 N 90'00'00"W L-5 12.00 S 00'00'00"W L-6 27.50 N 90'00'00"W L-7 12.00 N 00'00'00"E L-8 27.50 S 90'00'00"E MERIDIAN WATER LINE EASEMENTS AT DORADO SUBDIVISION IN SE 1 /4 SECTION 17, T.3 N., R.1 E.,B.M. ADA COUNTY, IDAHO DATE: 09/01 /06 SCALE: NTS I ~ s2' I Stanley Consultants ~N~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19412 0 a 0 w a IJ w 1s 21 Meridian City Council October 17, 2006 Page 2 of 30 Fulcher: I'm flexible. De Weerd: Thank you. Fulcher: Shall we pray. Gracious Heavenly Father, we want to thank you for this time together this evening. We also just want to pray for wisdom and guidance as we go about business.. We thank you for the opportunity to be here and for the opportunity for voice and for the opportunity to organize in a way that would honor you. We praise you and thank you for this time and we just ask for wisdom and guidance in all that's said and done, in your precious name we pray, amen. De Weerd: Thank you, Senator Fulcher. And because you have led us tonight, I would like to offer you a City of Meridian pin as well. Fulcher: Thank you very much. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a -- we have an ordinance number in the regular agenda, which is Item No. 27 is Ordinance 06-1270. It has also been requested on the regular agenda that Items 23 and 24 be continued to October 24th. And Items 25 and 26 also be continued to October 24th. With that I move that we approved 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: ALL AYES. Item 5: Consent Agenda: A. improve New Beer and Wine License Applications by Christina Braneskv for Divine Wine, LLC, at 2310 E. Overland Road, Suite 105: B. Water Meter Easement for Town Place Suites (Marriott Hotel) by Eagle Meridian Hospitality, LLC: Meridian City Council October 17, 2006 Page 3 of 30 C. Agreement for Professional Services with Parametrix for Design of Water and Sewer Improvements in Conjunction with ACRD Intersection of Linder and McMillan Project: D. Agreement for Services with AspireOn: E. Contract with Cascade Pipeline Corporation for Water and Sewer Improvements in Conjunction with ITD Locust Grove Road Grade Separation: De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published 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. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Planning Department -Matt Ellsworth 1. Presentation of COMPASS Request for Preliminary Commitment /Support for the Walk-able Communities Initiative: De Weerd: Thank you. Item 6-A under our planning department, I guess, Anna, tonight you are Matt. Canning: Yes, ma'am. There we go. Madam Mayor, really, I'm just going to introduce Terri to you from COMPASS. Terri Schorzman is going to give us a short presentation or introduction the Walk-able Communities Initiative. De Weerd: Thank you, Terri, for joining us.