Water Main Easement with Franklin Stratford Investments, LLC for Sunbelt Rental Building (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07/20106 01:35 PM
DEPUTY Gail Garrett ll I I I II II I II I' Il I II 11 l) VIII I III I I'll
RECORDED—REQUEST OF 10116L71
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this r, day of June, 2006, between Franklin/Stratford
Investments, LLC, an Idaho limited liability company, the party of the first part, and hereinafter called the
Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
Grantee;
WITNESSETH:
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property
hereinafter na.rticularly 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 Grantor, and other good
and valuable consideration, the Grantor does hereby give, grant, and convey unto the Grantee the right-of-way
for an easement for the construction, operation, maintenance, repair, and replacement of a water main over and
across the property described on Exhibits A-1 and A-2 and depicted on Exhibits B-1 and B-2, attached hereto
and incorporated herein by reference.
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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted 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 Sunbelt_EASMT_WTR MAIN -1-1
Page
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the
aforementioned and described tract of land, and that it has a good and lawful right to convey said easement,
and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day
and year first herein above written.
GRANTOR:
FRANKLIN/STRATFORD INVESTMENTS, LLC,
an Idaho limited liability company,
By:
ARobeA. Russell, Manager
STATE OF IDAHO
: ss.
County of Ada )
On this 1-111, day of June, 2006, before me, a Notary Public in and for the state of Idaho,
personally appeared ROBERT A. RUSSELL, known or identified to me to be the Manager of
Franklin/Stratford Investments, LLC, an Idaho limited liability company, and the person who subscribed the
limited liability company's name to the foregoing instrument, and acknowledged to me that the limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificatd'fir" 1h%e written.
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7�A0 1i t C �; Not ry ublic f a o
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GRANTEE: CITY OF MERIDIAN\\�,�`�.�'{
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Tammy de Wer ,ayor
Attest by William G. B g, tyjrk
Approved By City Council On:
11J
Water Main Easement Sunbelt_EASMT_WTR MAIN -1-1
Page—c�
STATE OF IDAHO
ss.
County of Ada )
On this 1t' day of ane, 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
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)
NOTARY PUBLIC FOR IDAHO ?
Residing at: /; -": j l �i°4 ,
Commission Expires:
Water Main Easement Sunbelt_EASMT_WTR MAIN -1-1
Pages.N�.1_.A�.,..:,
TEALETS LAND 2501 Bogus Basin Rd. • Boise, I
SURVEYING (208) 385-0636
Fax (208) 385-0696
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"Gd EXHIBIT "B-1"
9PR 1'311 EXHIBIT OF
R° WATER LINE EASEMENT I
SUNBELT EQUIPMENT RENTAL
A PORTION OF LOT 31, BLOCK 2, HONOR
PARK SUB. No. 3
THE NW 1/4, SECT. 18, T.3N., RAE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
0 20 40 80
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SCALE IN FEET
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PROPOSED SUNBELT
EQUIPMENT RENTAL
N 00.40'03" E 219.46'
DEVELOPER /OWNER:
FRANKLIN/STRATFORD
INVESTMENTS, LLC
8585 E. HARTFORD DR., SUITE 500
SCOTTSDALE, AZ 85255 53
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TEALEY'S LAND
SURVEYING
Project No.: 2979
Date: June 5, 2006
2501 Bogus Basin Rd. • Boise, Idaho 83702
(208) 385.0636
Fax (208) 385-0696
EXHIBIT "A-2"
DESCRIPTION OF
MERIDIAN WATER LINE
EASEMENT2
FOR
SUNBELT EQUIPMENT
A parcel of land being a portion of Lot 25 of Block 2 of Honor Park Subdivision
No. 3 as on file in Book 78 of Plats at Pages 8191 and 8192 in the Office of the Recorder
for Ada County, Idaho, said parcel being situated in the NW 114 of Section 18, UK,
RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at an iron pin marking the Northeast comer of Lot 31 of said
Block 2; thence along the East line of said Lot 31
South 00°39'36" East 20.00 feet to a point; thence along the South line of said
Lot 31 which line is also the North Line of said Lot 25
South 89°20'24" West 139.61 feet to the POINT OF BEGINNING; thence leaving
said North line at right angles
South 00039'36" East 8.00 feet to a point; thence at right angles
South 89020'24" West 20.00 feet to a point; thence at right angles
North 00°39'36" West 8.00 feet to a point on said North line of Lot 25; thence
along said North line
North 89020'24" East 20.00 feet to the POINT OF BEGINNING;
2979-Water-Ease-2-desc.doc - dnm
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FRANKLIN/STRATFORD
INVESTMENTS, LLC
8585 E. HARTFORD DR., SUITE 500
SCOTTSDALE, AZ 85255
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Page L__a�L
Meridian City Council
July 11, 2006
Page 3 of 64
requirement for Quarterhorse Subdivision by M2 Land LLC — 710
Black Cat Road:
F. Findings of Fact and Conclusions of Law for Approval: RZ 06-
002 Request for a Rezone of 0.22 acres from I -L (Light Industrial)
to O -T (Old Town) zones for Stan Lantz by Stan Lantz — 608 West
3rd Street:
G. Findings of Fact and Conclusions of Law for Approval: PP 06-
020 Request for Preliminary Plat approval of 23 commercial lots on
31.37 acres in a C -G zone for Centrepointe Subdivision by
Winston H. Moore — northwest corner of Ustick Road and Eagle
Road:
Findings of Fact and Conclusions of Law and Order for
Approval: AZ 06-018 Request for Annexation and Zoning of 20.01
acres from RUT to R-4 (Medium Low Density Residential) for
Incline Village Subdivision by Incline Village, LLC — north side of
Cherry Lane west of Black Cat Road:
J. Findings of Fact and Conclusions of Law and Order for
Approval: PP 06-016 Request for Preliminary Plat approval of 64
single-family residential lots and 8 common lots on 20.01 acres in a
proposed R-4 zone for Incline Village Subdivision by Incline
Village, LLC — north side of Cherry Lane west of Black Cat Road:
K. Water Main Easement Agreement for Sunbelt Rental Building
by Franklin / Stratford Investments:
L. Contract for Installation of Linder Road PRV with Star
Construction:
M. SHP 06-005 Request for Short Plat Approval of Silverstone
Square Condominiums Consisting of 22 Condominium Units on 2
Parcels of Ground on 2.32 acres in a C -G zone by Chris Anderson
of Sundance Investments Limited Partnership:
N. Agreement for Professional Services for a Programming
Company to Set Up Online Services for Department with
Matraex Application Programming:
De Weerd: Is there anyone in the audience that are here for either of those items, Items
13 and 14? We apologize that -- staff, do they have a reason for their request to
continue?
Bird: They just got the staff report.
Meridian City Council
July 11, 2006
Page 4 of 64
De Weerd: So, the request is to continue that to July 25th?
Bird: Yes.
De Weerd: We apologize for this inconvenience to the citizens who have come. It's
hard to give testimony without an application. Again, we apologize.
Canning: Madam Mayor, someone provided me with a CD.
De Weerd: Is there anyone who is leaving the room that gave staff a CD? Okay. Will
will find out.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: With that I'd move that we, on the Consent Agenda, we pull Item H to the regular -
- make it 7-H and the rest of the items that we approve and for the Mayor to sign and
the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of H
to seven. Any discussion? Roll call, please.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. City Council President — Shaun Wardle
1. Discussion and Clarification of Downtown Streetscape
Plan:
De Weerd: The first item under Department Reports, I will turn this over to Councilman
Wardle.
Wardle: Thank you, Madam Mayor. We had a presentation yesterday in regard -- in
conjunction with the Ada County Highway District in regards to our proposed
streetscape plan by the Meridian Development Corporation. I wanted to take just a
moment to ask if there are specific questions or comments from the City Council. The
Meridian Development Corporation will be gathering information, will be discussing this
next Wednesday at their regularly scheduled meeting, which is moved from tomorrow