Water Main Easement with Lea Electric for Meridian Commercial Tire Lot #7ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 09121106 01:41 PM
DEPUTY Vicki Allen III IIIIIII'll'llllllllllllllllll'I III
RECORDED-REQUEST OF i 061 S i ~~ 1
Oily of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this a ( day of August, 2006 between Lea Electric, 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 and service 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 operation and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Water Main Easement Page 1 C056232
EASMT.WTR.1081806.doc ,.,_Y ~ ,~~~
any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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.
Dave amarqu
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, personally appeared Dave Lamarque, known or identified to me to be
the owner, respectively, 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 fist above written.
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Water Main Easement Page 2 C056232
EASMT.WTR. 1 081806.doc P~Q~( ,~
CITY OF MERIDIAN
Tammy de Weerd,
William G. Berg, Jr., City
STATE OF IDAHO, )
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County of Ada, )
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On this day of ~j~-}(/~L~ ~~t, l ,200 before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to the within instrument and acknowledged to me that the City of
Meridian executed the same.
Approved by Council on
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
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EXHIBIT A
A water line easement over, under and across a portion of Lot 7, Block 1, Layne
Industrial Park Subdivision as shown on the Official Plat recorded in Book 69 of Plats at
pages 7113 and 7114 records of Ada County, Idaho and situated in a portion of the N1/2
of the SW1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho and more particularly described as follows:
Beginning at a 1/2 inch rebar marking the SW corner of said Lot 7, thence along the
West line of said Lot 7 N00°01'07"E a distance of 61.70 feet to a point;
Thence leaving said West line S44°41'13"E a distance of 12.78 feet to a point;
Thence S45°18 47"W a distance of 7.19 feet to a point;
Thence S44°41' 13 "E a distance of 20.74 feet to a point;
Thence S00°19'12"W a distance of 33.14 feet to a point on the South line of said Lot 7;
Thence along said South line N88°57'09"W a distance of 18.30 feet to the POINT OF
BEGINNING;
Said easement contains 844 square feet or 0.02 acres more or less and is subject to any
easements and or rights-of--ways of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
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C056232 Lot 7 Water Main Easement ~L
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EXHIBIT "B"
MERIDIAN COMMERCIAL TIRE
A PORTION OF LOT 7, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION
SITUATED IN THE N1/2 OF THE 5111/4 OF SECTION 8
TOIPNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2006
GENERAL LEGEND
- - BOUNDARY LINE
-W(10")-
O
ROAD CENTER LINE
ROAD RIGHT-OF-WAY
EASEMENT LINE
NEW WATER LINE (PIPE SIZE)
NEW FIRE HYDRANT
NEW WATER VALVE
NEW WATER MANHOLE
EXISTING 1/2" PIN
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DATE
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DRAWN BY:
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MERIDIAN COMMERCIAL TIRE PINNACLE
Engineers, Inc.
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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. Adoption 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 Refection of All Bids for Water Division Building
Proiect:
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 Proiect 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 Proiect 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.