Water Main Easement with Fairview Lakes, LLC for Smokey Mountain PizzaJul~ll~ 2006 4~OOPM No~1018 P. I
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07131/06 02:44 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 10612361
Meridian City Public Works
'V'VATER MAIN EASEMENT
~ -~
THIS INDENTURE, made this ~„ day o , 2t~between -~~,~ ,the parties of
the fast part, and hereinafter called the Gran rs, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
W ITNESSt;TH:
WFILREAS, 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 w be provided for through an underground pipeline to he 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:
(SEE A'I'1'ACHED EXHIBIT A and B)
The easement hereby granted is fur the purpose of constriction 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 tree right of access W such facilities at any and all times.
TO HAVE AND TO FIOLD, the said easement and right-of--way unto the said Grantee, iYs successors
and assipts forever.
1T 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 casement.
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 dowers within the area described for this
casement, 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 ot; or lie within the boundaries of any public
street, then, to such extent, such right-of--way and casement 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.
Water Main Easement CASMT W'1'R MAIN
Jul~ll~ 2006 4~OOPM
No~1018 P. 2
TH,E GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that tltcy 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 Wl"]'NE55 WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and yeaz first herein above written.
~resider~ ~~,~, /~ C#itiGr e-'1 ~rtii~l L
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SPATE OF 1DAH0 )
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County of Ada )
On this ~~ day of , 2~ before me he undersigned, a Notary Public in
and for said State, personaNjl appeared
known or identified to me to be a ectively, of the
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WI'T'NESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and yeaz
fist above wtytt~tr • • • •.,
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(SEAT.., ; NOTARY P BLIC f OR iDAi- O
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Commission Expires:
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Water Main Easement EASMT WTR MAIN
Jul~ll~ 2006 4:OOPM
GRANTEE: CITY OF MERIDIAN
Tammy de Wee yor '~`~~;~`
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Attest by William G. Berg, C' Cler -p `~ `
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Approved By City Council On: ~'''i ~''~ ,~ °`~`
lfilfitil9l#GiFtV
STATE OF IDAHO, )
ss.
County of Ada )
No~1018 P. 3
On this ~~~ day of C '~~-~~' ' , 20G~ before me, the undersigned, a
Notary Public in and for said State, personally appeat'ed TAMMY DE WECRD 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 WNT'sREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAT,)
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NOTARY PUBLIC FOR IDAHO
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Water Main Easement EASM'I' WTR MAIN
Jul~i2~ 2006 8~27AM
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No~1033 P' 1
EXHIBIT A
Waterline Easement to The City of Meridian
Smoky Mountain Pizza
Job No. 06041 July 11, 2006
Portions of Lots 2, 3 and 4, in Block 3 of Devon Park Subdivision No. 1, as per the Plat thereof,
in Book 89, at Page 10355, Ada County, Idaho Plat Records, within the SW1/4SE1/4 of Section
6, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho as follows:
BEGINNING at the south comer common to said Lots 2 and 3, Block 3, marked by a
5/8 inch rebar with a survey cap stamped "AD & A LS 7314", as per said Plat of Devon
Park Subdivision No, 1;
thence along the South Line of Devon Park Subdivision No. 1, coincident with the North right-of-
way of E. Fairview Ave., along a 56016.02 foot radius curve to the left an arc length of 4.53 feet,
through a central angle of 0°00'17". and having a chord which bears South 89°51'31" West, 4.53
feet;
thence North 00°00'00" West, 130.21 feet;
thence South 90°00'00" West, 24.31 feet;
thence North 00°00'00" West, 10.00 feet;
thence North 90°00'00" East, 24•.31 feet;
thence North 00°00'00" West, 29.97 feet;
thence North 90°00'00" East, 40.30 feet;
thence South 00°00'00" East, 20.00 feet;
thence South 90°00'00" West, 20.30 feet;
thence South 00°00'00" East, 150.13 feet, to a point on said South Line of Devon Park
Subdivision No. 1, coincident with the North right-of-way of E. Fairview Ave., and a 56016.02
foot radius non-tangent curve to the left;
thence along said North right-of--way, Subdivision Boundary and curve, an arc length of 15.47
feet, through a central angle of 0°00'57", and having a chord which bears South 89°52'08" West,
15.47 feet, to the POINT OF BEGINNING.
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130~i 6~~'. Stxcct Nnztlt Fax; {3(.)H14(~3-1391
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No~1033 P. 2
N X90'00'00" E 40
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LOT 4 ~ ~ j - ~ ~- 35.77' - ~; _
BLOCK 3 o
EXHIBIT' B
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REBAR
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PORTIONS OF LOTS 2, 3 &
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4, IN BLOCK 3, OF DEVON i
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PARK SUBDIVISION No. 1 ;
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WITHIN THE 5W1 /4SE1 /4 OF ; ~ ~
SECTION 6, T3N, R1E, B.M., I I ~
CITY OF MERIDIAN, ADA ~ ~ ~
COUNTY, IDAHO i 1 , _ W
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PROJECT: ARCHITECT ~
DOUG TAMURA ~ASta~v~ccerevaiv~~~ DWG
SMOKY MOUNTAIN PIZZA y~i ~zaar~st~rNORrH ta379-06
~a+laaN'ioeaera~ PROJECT#
CITY OF MERIDIAN ~;%;, F~r~ae ~ o604t
WATERLINE EASEMENT DATE: ~'~'~ '~0~"P~~ .r-~waam 5F1EET
7/11/06 1 OF 1
Meridian City Council
July 18, 2006
Page 4 of 56
J. Resolution No. 06-524 VAC 06-009 Request for a
Vacation of a 10 foot irrigation easement along the west boundary
of Lot 2 Block 7 of Gemtone Center No. 5 by DMHR Development,
LLC - on Commercial Drive, west of Nola Road, north of East
Franklin Road:
K. Development Agreement: AZ 06-005 Request for Annexation
and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN-C
(14.54 acres) and C-C (11.16 acres) for Knight Skv Estates
Subdivision by Sea 2 Sea, LLC -northwest corner of Chinden
Boulevard and Linder Road:
L. Development Agreement: AZ 06-006 Request for Annexation
and Zoning of 10.01 acres from RUT to C-G zone for Knighthill
Center Subdivision by Sea 2 Sea, LLC -southwest corner of
Linder Road and Chinden Boulevard:
M. Approve Water Main Easement Agreement for Smoky
Mountain Pizza by Fairview Lakes, LLC:
N. Approve Permanent and Temporary Easement Contract for
Steven C. Smith:
O. Approve Agreement for Professional Services for Black Cat
Trunk Sewer Phase 4 with JUB Engineers:
P. Award Bid for Well No. 17 Pumping Plant to Treasure Valley
Drilling & Pump Company:
Q. Approve Agreement for Professional Services with BBC
Research & Consulting for Fiscal Impact Analysis:
De Weerd: Okay. Item 4 -- or Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On our Consent Agenda Item 6 we would like to pull to 7-B and with that our -- the
Consent Agenda also includes Resolutions 06-523 and 06-524. And for the rest of the
Consent Agenda I move that we approve it and for the Mayor to sign and the Clerk to
attest on all proper papers.
Rountree: Second.
Meridian City Council
July 18, 2006
Page 5 of 56
De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any
discussion? Mr. Berg, will you 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. Agreement with CGI Communications, Inc., for a
Community Mini Movie Showcase:
De Weerd: Okay. Thank you. Okay. Under Item 6, Department Reports, tonight
Shelly Houston will discuss an item under the Mayor's Office, the agreement with CGI
Communications for a community mini movie showcase. Shelly has some examples of
what kind of end product this agreement will lead to and I might note it is at no cost.
Shelly.
Houston: Good evening. My name is Shelly Houston, I'm the new Community
Communications Coordinator here for the City of Meridian. I'm here tonight to tell you
about an exciting opportunity we have been offered, which could help us use new
technology to introduce Meridian to prospective residents and, more importantly, attract
high quality businesses to our city. For the past several weeks city staff members have
been reviewing an offer from a New York based company called CGI Communications.
Their offer to us and to many other cities across the country, is to fully produce a series
of five one minute mini videos, which would showcase our city's best features and offer
web users throughout the world the chance to see a view of our city through streaming
video they could access through one simple click from our website. Let me show you a
sample one of these mini videos for Orem, Utah, chose to produce with this
organization and, then, afterwards let's talk a little bit more and I will tell you a few more
details.
(Video shown.)
Houston: Allow me to narrate. I'm sorry. That was an oversight on our part. I'm sorry
for the oversight on the audio. This man speaking is the mayor of Orem, Utah, giving a
brief welcome address and inviting viewers from this website to learn more about the
city. He's talking about some of the city's features and the video will continue on to
show some of the physical features, the beauty of the area. They are talking about the
nice mixture of people, that it's a young, vibrant community. He's highlighting some of
the shopping areas, dining, entertainment, quality of life, education, business, and it's all
narrated with professional voiceover on content that's been chosen by their city and,
then, this production company has gone out and made a visit to Orem and shot all the
video and helped work on the script and, really, what they have chosen to do is have