Water Main Easement with El Dorado Hotel Partners, LLC and Kimball Properties Limited Partnership for Meridian MarriotADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 04120106 02:31 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIII'll~llllllll'lllllllllll'll'I
Meridian City 1 ~~~~~$~~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~_, 20Qo between EI Dorado Hotel Partners LLC, and
Kimball Properties Limited Partnership, 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, 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 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, 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 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 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
effect and shall be completely relinquished.
Water Main Easement EASMT WTR MAIN
Pag~t~.~~f..s~.:r
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:
~~ ~~ ~
Manager
STATE OF _~
ss
County of )
On this day of
and for said State, personally appeared
me to be the Manager, of the corporation that
me that such corporation executed the sar~.
TN WITNESS WHEREOF, I
fist above written.
(SEAL)
GRANTOR:
20_,
f~e, the undersigned, a Notary Public in
,known or identified to
the within instrument, and acknowledged to
set my hand and affixed my official seal the day and year
~ ~~~~
NOTARY PUBLIC FOR
Residing at
Commission Expires: _
Water Main Easement EASMT WTR MAIN
~~~,
1 '
I STATE OF CALIFORNIA )
ss. 1
1 COUNTY OF RIVERSIDE )
I I
1 On Februa~ 28`" 2006 before me, Noreen M Tripp-Hudson, Notary Public, personally appeared 1
I Wells L. Marvin, proved to me on the basis of satisfactory evidence to be the person(. whose name(} is/are I
subscribed to the within instrument and acknowledged to me that helms executed the same in hi~r
1 authorized capacity(ia~, and that by his/hert~ir signature(s}on the instrument the person(S~ or the entity upon 1
behalf of which the person(s) acted, executed the instrument. I
1 WITNESS my hand and official seal. 1
I I
~-~~-/~ ~ NOREEN M. TRIPP-HUDSON 3 1
1 ~/~%C-rC-/ U COMM. # 1478105
I ~ OTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY O
otary Public Sig a COMM. EXP. MARCH 21, 2006 i 1
1
I I
1 OPTIONAL INFORMATION 1
I The information below is not required by law. However, it could prevent fraudulent attachment of this I
1 acknowledgement to an unauthorized document. 1
I
1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DE/S'CIRIPTION OF ATTACHED DOCUMENT 1
I INDIVIDUAL Gl~h~/~'l!~i~ ~~~l~r I
1 TITLE OR TYPE OF DOCUMENT 1
I CORPORATE OFFICER ~~ ~ ~i ~ I
1 ~~/v~g~~ NUMBER OF PAGES 1
I T tle(s) Q ~ I
1 PARTNER(S) DATE OF DO UMENT 1
I ATTORNEY-IN-FACT I
1 OTHER 1
I TRUSTEE(S) I
1 GUARDIAN/CONSERVATOR 1
I OTHER: RIGHT THUMBPRINT OF SIGNER I
1 - 1
I I
1 1
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1 1
I SIGNER IS REPRESENTING: I
NAME OF PERSON(S) OR ENTITY(IES) ,, y.,,, ~
1 ~ ~C2~~fI,r•~ ~ pf1/G''r~~ GE~G 1
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GRANTOR:
Kimball Properties Limited Partnership
By
Winston H. Moor, ge ral p ne
State of Idaho
ss.
County of Ada )
On this ~~ day of , 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared Winston .Moore, known or identified to me to be a partner of Kimball
Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the
within instrument on behalf of said partnership and that said partnership executed the same.
\~ ~~E L. GIBSO ~~i/.
``~ `~: •'""'• ..•y ~ ~ Notary Public for Idaho
:' •1.1OTARy ~~ Residing apt g01SG , ~ dQln h
* ~ = Comm Ex Tres o 1 - 13 - ~o l2
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UBLIC
Water Main Easement EASMT WATR MAIN
Tammy de Weerd,
by William G. Berk City Clerk
Approved By City Council On:
STATE OF IDAHO,
ss.
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County of Ada )
On this ! ~ day of r~ , 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)
Water Main Easement
~ ~.~ ~
QH •
.oTwR+b. NOTARY PUBL`MIC F,,OR IDAHO
Residing at: Y / ~ ~Gj rn ~~ ~~~% ~~~
i Commission Expires: /~- / S-/~
EASMT WTR MAIN
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IDAHO
`SURVEY
GROUP
1450 EastVl/atertower St
$urce ISO
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208}:8845399
Project Na. 05-202 March 6, 2006
DESCRIPTION FOR
UTILITY EASEMENT
MERIDIAN MARRIOTT
A utility easement located in Lots 1, 2, $ and 9, in Block 5 of Bonito Subdivision
as filed in Book 86 of Plats at Pages 9783, 9784, 9785, 9786, 9787 and 9788, Amended
by an Affidavit recorded October 7, 2003 as Instrument No. 103170815, official records
of Ada County, Idaho, being more particularly described as follows:
Commencing at the SW comer of said Lot 2;
Thence along the South boundary line of said Lot 2 South 73°24'00" East, 20.35
feet to the REAL POINT OF BEGINNING of said easement;
thence leaving said South boundary line North 16°39'54° East, 5.6fi feet;
thence North 00°00'00 East, 354.30 feet;
thence North 21°42'45" East, 83.05 feet;
thence North 00°00'00" East, 3.06 feet;
thence South 90°OQ'00" .East, 18.77 feet;
thence South 02°45'25" West, 11.38 feet;
thence South 21°42'45" West, 78.24 feet;
thence South 00°00'00" West, 260.19 feet;
thence South 90°00'00" East, 32.74 feet;
thence South 00°00'00" West, 29.65 feet;
thence North 90°00'00" West, 32.74 feet;
thence South 00°00'00" West, 63.56 feet;
thence South 16°39'54" West, 8.57 feet to a point on the South boundary line of
said Lot 2;
. S:USG Projects\ELDOFL4D0 ALTA TOPO (05-202rpocuments\ui3lity ease desc.doc
thence along said South boundary line North 73°24'00" West, 20.00 feet to the
REAL POINT OF BEGINNING, containing 9,937 square feet, more or less.
Prepared by:
Idaho Survey G
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P.C.
Gregory G. Carter, P.L.S.
S:\ISG Projects\ELDORADO ALTA TOPO (05-202)1Documents\utiliiy ease desc.doc Pg~„r„Qf v,..,
10 60
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SCALE: 1" = 60'
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1450 E. WATERTOWER ST.
SURVEY MERID AN, IDAHO 83642
GROUP, P.Cj.'208)846-8570
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EXHIBIT DRAWING FOR THE JOB N0.
EL DORADO HOTEL PARTNERS o5-202
SHEET N0.
CITY OF MERIDIAN 1 of 1
1 & 2 & A POR710N OF LOT 9, BLOCK 5, BONITO SUBDIVISION, DWG. DATE
LOCATED IN THE NE Y4 OF THE NE Y4 OF SECTION 20,
T.3N., R.7 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 02.28.06
Meridian City Council
April 11, 2006
Page 2 of 49
are thankful for that. Bless these proceedings we pray in the name of Jesus Christ,
amen.
De Weerd: Thank you. I would like to present you also with a pin and thank you for
being here. Thank you, Anna. Councilman Bird just wanted to note your timeliness this
evening.
Canning: And my key.
Item 4: Adoption of the Agenda:
De Weerd: And files, too, uh? Okay. Item No. 4, adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the agenda under Department Reports, under the Office of the Mayor, we
would like to add item number two, Hubble Homes. We have also been requested to
add Item D, Parks and Police Departments need to have a discussion on some
property. And on our regular agenda, our ordinances 17, 18, 19 ordinances will be 06-
1223, 06-1224 and 06-1225. And on the Consent Agenda, the resolution number is 06-
510. And with that I move we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is 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. Approve Minutes of March 21, 2006 Pre-Council Meeting:
B. Water Main Easement Agreement for Courtyards Cc~ Mariott:
C. Development Agreement: AZ 06-001 Request for Annexation
and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place
Subdivision by John Fackelman -east of Black Cat Road and
south of Cherry Lane:
D. Addendum to Development Agreement: MI 05-017
Miscellaneous request to amend the previously approved
Development Agreement for Blue Marlin (AZ 03-025) for Nesmith
Annexation by Jonathan Seel - 2820 East Ustick Road:
Meridian City Council
April 11, 2006
Page 3 of 49
E. Resolution No. 06-510 VAC 06-003 Request for a
Vacation of a drainage easement.between Lots 2 and 3, Block 18,
Champion Park Subdivision No. 3 by Creekside, Inc. - 2484
East Garber Drive:
F. Permanent and Temporary Easement Contract for Liberty
Development, Inc.:
G. Aparove Beer. Wine, and Liauor License Renewals:
127 Club -Beer & Liquor
Baja Fresh Mexican Grill -Beer
Baja Taco -Beer & Liquor
Big Smoke, LLC #6 -Beer & Wine
Bill -N- Lynn's Back Room -Beer & Liquor
Carrabba's Italian Grill -Beer & Liquor
Chicago Connection -Beer & Wine
Chicago Connection -Beer & Wine
The Cigarette Store, Inc. -Beer
Corona Village -Beer & Liquor
Dancing Dog Coffee House -Beer & Wine
EI Tenampa -Beer & Liquor
Fred Meyer #198 -Beer & Wine
Fusion Asian Grill -Beer & Wine
Goodwood Barbecue Co. -Beer & Liquor
Harks Corner -Beer & Wine
Idaho Pizza Company -Beer & Wine
Jackson's Food Store #1 -Beer & Wine
Jackson's Food Store #105 -Beer & Wine
Jackson's Food Store #11 -Beer & Wine
Jackson's Food Store #35 -Beer & Wine
Jackson's Food Store #56 -Beer & Wine
Jackson's Food Store #97 -Beer & Wine
Food Store #98 -Beer & Wine
Jackson's Food Store #99 -Beer & Wine
Kahootz Steak & Alehouse -Beer & Liquor
Limelight -Beer & Wine
Lotus Garden Chinese Restaurant -Beer
Mason's -Beer & Liquor
Meridian Speedway Ken Hamilton -Beer & Wine
New Frontier Club -Beer & Liquor
A New Vintage Wine Shop -Beer & Wine
Pizza Hut -Beer
Pizza Hut -Beer
Rite Aid #5412 -Beer & Wine
San Francisco Sourdough Eatery -Beer
Meridian City Council
April 11, 2006
Page 4 of 49
Ultra Touch Car Wash -Beer
Whitewater Pizza & Pasta -Beer & Wine
Whitewater Saloon -Beer & Liquor
Wingers -Beer & Wine
De Weerd: Item No. 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda, which includes resolution number
06-510 and includes beer and wine and liquor license renewal with everything being
okay. And for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion is to approve the Consent Agenda as presented. If there is
no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department -Brad Watson
Discussion of Proposed Purchasing Policy Update:
De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with A,
Public Works Department. Mr. Watson.
Watson: Thank you, Madam Mayor and Council Members. This first item is a proposed
update and revamping of the city's purchasing policy. This is an outcome of the
legislature's efforts in the 2005 session to streamline the multitude of purchasing
statutes that existed for a lot of different entities. Second, they also changed the rules
to allow the state to have a little bit greater flexibility in how they went about purchasing
and procurement. AGC was involved in this, the Association of General Contractors,
AIC, and several private entities, and they all came together to come up with what we
are proposing the city's purchasing policy come in line with. This was started, I think, in
November or December and it's gone through several iterations and Ted Baird and
Stacy Kilchenmann and I have worked diligently to get this to this point, so I don't know
that you really want me to go through all the particulars of the policy. It's in your packet.
I tried to put the major changes in a table on page two. Probably the best thing to look
at is the publication that was put out by AGC, CH2M Hill, and AIC last fall that very