Sewer Main Easement with AP Eagle View, LLC and C. Von Wolffradt Properties, LLC for Magic View Subdivision AmendedADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAH010119106 02,31 PM .
DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 1~61~5919
Ciiy of Meridian
SEWER MAIN EASEMENT
betZ
THIS INDENTURE, made this `~~ day ofd 2006 between AP-EAGLE VIEW, L.L.C. and C. VON
WOLFFRADT PROPERTIES I, L.L.C., 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 sewer main right-of--way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the sewer 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 sewer
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 sewer 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 adj scent 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 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
Water Main Easement C056259 Meridian
Sewer Main Easement 2 Owners.doc ~~ ' ^~
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.
GRANTOR:
AP-EAGLE VIEW, L.L.C., a Delaware Limited Liability Company
By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager
By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member
B .John A. Krappman, i ole member
GRANTOR:
C. VON WOLFFRADT PROPERTIES I, L.L.C., a Delaware Limited Liability Company
By: Afton Pacific L.L.C., a Delaware Limited Liability Company, its manager
By: PacWest Properties, L.L.C., a Delaware Limited Liability Company, its member
B :John A. Krappman, its 1 member
STATE OF IDAHO )
ss
County of Ada )
On this day of August, 2006, before me, the undersigned, a Notary Public in and for said
State, persona appeared John A. Krappman, known or identified to me to be the Sole Member of
PacWest Properties, L.C., which is a Member of Afton Pacific, L.L.C., which is a Manager of AP-
EAGLE VIEW, L.L.C., elaware Limited Liability Company, and the Sole Member of PacWest
Properties, L.L.C., which i Member of Afton Pacific, L.L.C., which is a Manager of C.
WOLFFRADT PROPERTIES I, .C., a Delaware Limited Liability Company, that executed the
within instrument, and acknowledged e that such limited liability companies executed the same.
IN WITNESS WHEREOF, I have hereunto se~`c~y hand and affixed my official seal the day and year
first above written.
(SEAL)
NOTARY PUBLIC I
Residing at
Commission Expires:
Water Main Easement C056259 Meri ' n
Sewer Main Easement 2 Owners.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
(\~\ ss.
County Of ~os ~ ~,._.S
personally appeared o .I.
On _ rsl . ~-~, before me, 3t~.c o,~cc~uo,~p ~xw ~.,~ ,
Date Name and Tltle of Officer (e.g., "Jane Doe, Notary Pub' ")
Place Notary Seal Above
Innnxnnlmmlmmmmmlmm~lmmmlmmlmnnmminnnm9mmmmmmmlmn
FERNANDO 1. PRECIADO
'"'~ COMM. # 1475144 ~
~ NOTARY PUBLIC -CALIFORNIA ~
> LOS ANGELES COUNTY ~'
~ My Comm. Expires Mar. 8, 2008 '_
Ia11111NIII111111111111111111111N11111111111111111n111111111111111111It11I1N1I1I11111111111N11111NI111N111/1111
^ Dnrenn~l~wi'n +^
~oved to me on the basis of satisfactory
evidence
to be the person(s~ whose nam@(Is) is/a'Ae
subscribed to the within instrument and
acknowledged to me that he/sbe/tt~y executed
the same in his/tier/their authorized
capacity(i~), and that by his/bar/their
signatureJra) on the instrument the person, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document _ `
Title or Type of Document: S•~...~,r ~.~: ~,. ~,a.~v..a.~,..-C-
Document Date: n~ - e1 -o!o Number of Pages~~ + c~
Signer(s) Other Than Named Above: --~ 011.E
Capacity(ies) Claimed by Signer
Signer's Name: __
,Jyitfdividual •
Top of thumb here
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
®1999 National Notary Associa8on • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationelratary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800~878~827
GRANTEE: CITY OF MERIDIAN
de W
~~l~'~ ~~
Attest by William G.
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
--
~ ~ ~%
\~.~ .,~ ' ,,R ~,,.
p;.,
`~. ~~T p.
F~
/s/~~
~1SS~11
Clerk= ~ ,~~~
roam
On this ~~day of ~ C{ G~a-e, V , 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 Ciry 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.
~.*..
.• Q~
.•
(SEAL) ~' ~ SOT.
•
:~•~
'~:~ of
Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at: }'~'~ _~ (~;~ d, , Jed
Commission Expires: /G-/C=ll
Sewer Main Easement 2 Owners.doc
C056259 Meridian
EXHIBIT "A"
A Sewer Main Easement over, under and across a portion of Lot 11 "Amended Magic
View Subdivision" according to the official plat thereof filed in Book 52 of Plats at Pages
4445 and 4446 official records of Ada County and situated in a portion of the SE1/4 of
the NE1/4 Section 17, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap monument marking the SE corner of said SE1/4 of the
NE1/4, thence along the East line of said SE1/4 of the NE1/4 N00°24'30"W a distance of
749.61 feet to a point, from which a brass cap monument marking the NE corner of said
Section 17 bears N00°24'30"W a distance of 1903.41 feet, thence leaving said East line
and along the centerline of E. Magic View Drive S89°37'02"W a distance of 390.47 feet
to a point, thence leaving said centerline S00°22'58"E a distance of 30.00 feet to a point
on the South right-of--way line of E. Magic View Drive and the POINT OF
BEGINNING;
Thence leaving said South right-of--way line S00° 11'05"E a distance of 47.00 feet to a
point;
Thence S89°37'02"W a distance of 20.00 feet to a point;
Thence N00°11'05"W a distance of 47.00 feet to a point on said South right-of--way line;
Thence along said South right-of--way line N89°37'02"E a distance of 20.00 feet to the
POINT OF BEGINNING;
Said easement contains 940 square feet or 0.02 acres and is subject to all existing
easements and or rights-of--ways of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
~ SID,
~41~ST
,~ C
3 ~o
~O~
N. soA~
C056259 SEWER MAIN EASEMENT 082106 gdm P2u~~~
EXHIBIT "B"
SEWER MAIN EASEMENT s 9
A PORTION OF THE LOT 11 AMENDED MAGIC VIEW SUBDIVISION
SITUATED IN THE SE1/4 OF THE NE1/4 OF SECTION 17, T3N R1E, BOISE MERIDIAN 17 ~ 6
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2006
I NW COR LOT 11
AMENDED MAGIC VIEW
SUBDIVISION ~(~ E.
N89'37'02"E 318.66'
I
v~
N89'37'02"E o O
20.00' o ~
• u, Z
I
~ I
(-
I ~
~ ~
E.., u~
z
w
C7 ~,,
I ~
W "'
CV
N
I
d-
O
r- N
MAGIC VIEW DR. °
- - -o--- - - --~/~ - -a ~
o S89'37'02"W 390.47' I N
•o ~
w O
.- ~
. ~ I ~
. N N
-- rn
~f-
t\
E1 /4
SECTION 17
LOT 11
AMENDED MAGIC VIEW
SUBDIVISION .
_~ ~, E. GENTRY WAY
o - - - - - - -
LEGEND
SW COR LOT 12
AMENDED MAGIC VIEW
I SUBDIVISION
FOUND BRASS CAP
QO FOUND 5/8" REBAR
^ CALCULATED POINT
- ~ SECTION LINE
SHEET CHECKED 8Y: - - - - BOUNDARY LINE
KNS
- - - ROAD CENTER LINE
DATE
07-07-06 EASEMENT LINE
DRAWN 8Y:
ESMT-2 ' ' ' ' ' ' ' ' ' ~ • • TIE LINE
PAK CONGLOMERATE SUBDIVISION
SCALE:
x••_20•
!`l1SG7CC,' EXN191T "B" SEWER EASEMENT
PAC WEST PROPERTIES
O
O
0 0
~- I I o
~I w
N ~
0 0
0 0
0 0
z , cn
589'37'02"W~
20.00'
Izssz
,:~
h
neers, tnc.
rtviM p_'SUIa B, BoY., acne
!3]13
Meridian City Council
October 10, 2006
Page 5 of 40
N. Sewer Main Easement agreement for Conglomerate
Subdivision by AP-Eagle View and C. Von Wolffradt Properties
I, LLC:
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve the Consent Agenda and for the Mayor to sign and the
Clerk to attest on all proper papers.
Bird: 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 7: Department Reports:
A. Mayor's Office
1. Resolution No. 06-537 Mayor's Youth
Advisory Council Amendment to By-Laws:
De Weerd: Under Department Reports, Item A-1, in front of you you have Resolution
06-537. Last night our youth council adopted them in their final form. They made
several changes to them, just to clean up voting, officers, allowing open membership, so
that everyone is welcome and are not excluded. And so this is just a clean up. As
mentioned, they adopted them last night in their official form. And so, Council, in front
of you tonight I would appreciate if we could adopt them as well.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: With that I would move that we approve Resolution No. 06-537.
Bird: Second.