Water Main Easement with The Church of Jesus Christ Latter Day Saints for Meridian Idaho StakeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 0912110fi 01:41 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIII'll'I
City of Meridian 1 X6151 ~~2
WATER MAIN EASEMENT
THIS INDENTURE, made this 1 day of , 20~between The Church of Jesus Christ of Latter-Day
Saints ,the parties of the first part, and here nafter 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 G rantors d esire t o p rovide a w ater m sin r fight-of--way a cross t he p remises a nd
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 Granteetheright-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
The Church of Jesus Christ of Latter-Day Saints
5555 N. Locust Grove
Meridian, Idaho
(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 andright-of--way unto the said Grantee, it's successors
and assigns forever.
TT 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.
Water Main Easement
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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.
GRANTOR:
The Churc esus hrist of Latter-Day Saints
Rob Buchanan, Facilities Manager, Eagle FM Group
STATE OF IDAHO )
ss
County of Ada )
On this ,~ ~ day of U~, , 2 before me, the undersigned, a Notary Public in
and for said State, personally a eared and
---- , lrnown or identified to me to be a Facilities Manager of the corporation that executed
the within instrument, and aclrnowledged 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
fist above written.
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Water Main Easement
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N TARY LIC FOR ID
Residing
Commission Expires:
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GRANTEE: CITY OF MERIDIAN
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Tammy de We ayor ~ ~` ' T ~ ,
Attest by William G. Berg,
Approved By City Council On"
STATE OF IDAHO,
County of Ada
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On this ~~day of , ~('%~ ~~L;1 , 20~~, before me, the undersigned, a
Notary Public in and for said State, personally ppeared 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)
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Water Main Easement
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NOTARY PUBLIC FOR IDAHO
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EXHIBIT "A"
CITY OF MERIDIAN WATER EASEMENT
MERIDIAN IDAHO STAKE
JULY 28, 2006
A CITY OF MERIDIAN 20' WATER EASEMENT LOCATED IN THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 4 NORTH, RANGE I EAST, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 30(E. 1/4 CORNER), T. 4 N., R. 1 E., B.M.; THENCE
S 00°00'00" W ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 30 140.18 FEET TO A POINT; THENCE N 90°00'00" W 40.00 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY FOR S LOCUST GROVE ROAD, THE
BEGINNING POINTOF THIS EASEMENT;
THENCE S 00°00'00" E ALONG SAID RIGHT OF WAY 20.00 FEET TO A POINT;
THENCE S 90°00'00" W 339.00 FEET TO A POINT;
THENCE S 00°00'00" E 86.42 FEET TO A POINT;
THENCE N 90°00'00" E 44.63 FEET TO A POINT;
THENCE S 00°00'00" E 20.00 FEET TO A POINT;
THENCE S 90°00'00" W 44.63 FEET TO A POINT;
THENCE S 00°00'00" E 211.34 FEET TO A POINT;
THENCE N 90°00'00" E 16.75 FEET TO A POINT;
THENCE S 00°00'00" E 20.00 FEET TO A POINT;
THENCE N 90°00'00" W 36.75 FEET TO A POINT;
THENCE N 00°00'00" W 357.76 FEET TO A POINT;
THENCE N 90°00'00" E 325.00 FEET TO A POINT;
THENCE N 00°00'00" W 15.51 FEET TO A POINT;
THENCE N 90°00'00" E 20.00 FEET TO A POINT;
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THENCE 00°00'00" W 15.51 FEET T4 A PAINT;
THEriCE N 90°00'00" E 14.00 FEET TC} 'THE BE~GINNiNG POINT QF THTS
EASEMENT.
~AYNE K. BARBE~2.
PLS 8444
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1`r.[ERIDIAN WATER EASEUIENT
~ °~ ~ ~ ExN'IBIT DRAWING
SHEET DVIG DATE: DVtG Nn. SCALE:.
6(150.5-easeexh:dwg ~~~~ x/06 DPM 6050 N,`f.S.
BRIGGS ENGINEERING, INC.
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BR1~GS
ENGINEERS PUWhtERS 5WRYEYOt25
aoo w. ov~tu,~ ~ ~ ~. tauto 93705. ~ (zos)34a-s7na
here drawings,. ar any portion thereot, stroll not be used
ora any Project or extensions. of -this Rrojeet except bJF
wrntart agreement from Briggs Engineering, Inc.
Meridian City Council
September 5, 2006
Page 2 of 74
treasure that you have placed within them and we ask, God, that you would reveal to
our children the incredible power that is at work within the world today on their behalf
and, Father, tonight as a -- as a governing body we come before you to say that we
want that power to work within us. As Solomon prayed, we pray, God, give us wisdom
that we might govern this great people of yours. Help us, Lord God, to keep in mind the
decisions we make impact the children that we love, the children that you love. We ask,
God, that your grace, your mercy, your love, your kindness, your peace would prevail in
this place. We ask in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Bud. Item No. 4, adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to -- on the Consent Agenda, Item G will be resolution number 06-527.
Item H needs to be pulled to September 12th, 2006, let it be noted that Item S, the Joint
Powers agreement is with the rural fire district, not Local 3211 -- 2311. In the regular
agenda Item 8 has been asked to be continued to September 19th, 2006. And Item No.
11 is resolution number 06-528. And Item Nos. 16, 17 and 18 we would ask the
Council to continue these to September 12th, 2006, because the Councilman that
requested reconsideration is not in attendance tonight. And items 20, 21, 22, 23, 24,
25, 26 are all ordinance numbers starting with 06-1256 and ending with 06-1262. With
that I move we accept the revised agenda.
Borton: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as amended.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of August 8, 2006 City Council Regular Meeting:
B. Approve Minutes of August 15, 2006 City Council Regular
Meeting:
C. Development Agreement: AZ 06-018 Request for Annexation
and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density
Residential) zones for Incline Village Subdivision by Incline
Village, LLC -north side of Cherry Lane and west of Black Cat
Road:
Meridian City Council
September 5, 2006
Page 3 of 74
D. Development Agreement: AZ 05-064 Request for Annexation
and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek
West Subdivision by Tuscany Development, Inc. -south of West
Overland Road and west of South Stoddard Road:
E. Development Agreement: AZ 06-015 Request for Annexation
and Zoning of 182.60 acres to R-8 (Medium Density Residential)
(168.23 acres) TN-R (Traditional Neighborhood-Residential)
(10.42 acres) and C-N (Neighborhood Business) (3.94 acres)
zones for Tanana Valley Subdivision (f.k.a. -Lookout Ridge
Subdivision) by Farwest, LLC -southeast corner of Meridian Road
and Victory Road:
F. Development Agreement: RZ 06-005 Request for a Rezone of
1.004 acres from R-4 to L-O (Limited Office District) for Meridian
Professional Office by John Homan - 2835 and 2825 North
Meridian Road:
G. Resolution No. A Rate Increase for
Solid Waste Collection Services due to the Net Percentage of
Change in the Consumer Price Index for the Pacific Northwest,
to Provide for the Solid Waste Disposal Rate Changes Within
the City of Meridian:
H. Resolution No. Adoation of the Ada
County Emergency Management Plan, All Hazards Mitigation
Plan, Wildland-Urban Interface Wildfire Mitigation Plan, Ada
County Flood Response Plan, Ada County Hazmat Response
Plan, Ada County Terrorism Response Plan, and Ada County
Wildfire Response Plan:
I. Water Main Easement Agreement No. 1 for Commercial Tire
by Schwenkfelder Investments, LLC:
J. Water Main Easement Agreement No. 2 for Commercial Tire
by Schwenkfelder Investments, LLC:
K. Water Main Easement Agreement No. 3 for Commercial Tire
by Lea Electric:
L. Water Main Easement Agreement for LDS Church at 5555
North Locust Grove Road:
Meridian City Council
September 5, 2006
Page 4 of 74
M. Contract for the Black Cat Trunk Sewer Phase 3 Authorization
for Additional Services No. 1 with JUB Engineers, Inc.:
N. Approve Resection of All Bids for Water Division Building
Project:
O. Public Works Change Order No. 1 to Upgrade Storm Sewer to
Water Class Pipe for Linder PRV with Star Construction:
P. Agreement for Professional Services for Construction Staking
for Water and Sewer Improvements Associated with Overland,
Topaz to Cloverdale Project with Civil Survey Consultants,
Inc..
Q. Agreement for Professional Services for Construction Staking
for Water and Sewer Improvements Associated with the
Locust Grove Grade Separation Project with Civil Survey
Consultants, Inc.:
R. Award Bid and Contract for the 350LF Water Main
Construction on McMillan Road between Wild Goose and
Palatine with Star Construction:
S. Joint Powers Agreement Amendment with the Rural Fire
District Local #2311:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda Item G is resolution number 06-527. Item H has been
asked to be table to September 12th, 2006. And Item S removed local 2611 from the
amendment agreement. And with that I move that we pass the Consent Agenda and for
the Mayor to sign and the Clerk to attest on all papers.
Borton: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. If there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.