Water Main Easement with Pennwood III, LLC for Newton's Nook SubdivisionAOA COUNTY RECORDER ~. DAVID NAVARRO AMOUNT .00 i
BOISE IDAHO 02102/06 01:57 PM
RECORDEDa1tREQUEBT OF ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
City of Meridian i ~r~~ 17i'~~~
WATER MAIN EASEMENT
THIS INDENTURE, made this %~ day of ~tiL,tis~20~5 between ~~4,/ yo" A 1~ EL('i ,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, inconsideration 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 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.
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
Page~L
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:
~~~ ~n -~,~ /
~esid~rit rvt r7ti c3r~L n.~ woc~G4e-
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~~~ day of ~~ , 20~, before me, the undersigned, a Notary Public in
and for said State, personally a~eared '~~R~~S `'` ~S1Jt,~)-C~1'~ and
known or identified to me to be the President and Secretary, 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 wri::e~ ~~~~~~~•
(SEAL); ~' ~ ~; : NOTARY P~~IBLIC FOR ID H
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Water Main Easement EASMT WTR
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GRANTEE: CITY OF MERIDIAN
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Tammy de eeid, Ma r ~ T~ ~'~,
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by William G. Berg,
Approved By City Council On:
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STATE OF IDAHO,
. ss.
County of Ada
On this ~,~) day of ~ '1~, ' ~ ~;, ~' , 200~before me, the undersigned, a
Notary Public in and for said State, personal y appeared AMMY 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)
•
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•
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NOTARY PUBLIC FOR IDAHO
Residing at: ~~t,C ~,~~G, <_~~~
Commission Expires: ~ ~~ -- ~ S - ~ l
Water Main Easement EASMT WTR
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CIVIL AND STRUCTURAL ENGINEERING AND LAND SURVEYING
EXHIBIT A
City of Meridian Waterline Easement
for Newton's Nook Subdivision
Job No. 05007 9/14/2005
Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at
Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, R1 E, B.M.,
City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the Northwest Corner of said NE1/4 (North 1/4 comer of Section 13), marked
by a brass cap as per corner perpetuation record, Inst. No. 98117248;
thence, along the North Line of said Section 13, South 89°15'42" East, 966.57 feet;
thence South 00°52'49' West, 45.00 feet, to the Northeast Corner of Lot 1, Block 1 of said
Subdivision;
thence along the boundary of said subdivision, the following three (3) calls;
1. South 00°52'49' West, 568.80 feet;
2. North 71°25'40" East, 317.12 feet;
3. South 00°52'45" West, 802.35 feet, to the Northwest corner of said Lot 10, and to a set 5/8
inch rebar with a plastic survey cap marked "PLS 10782";
thence along the North Line of said Lot 10, South 89°10'56" East, 323.02 feet, to a set 5/8 inch
rebar with a plastic survey cap marked "PLS 10782";
thence, continuing, South 89°10'56" East, 2.00 feet, to a point on the westerly right-of--way of SW
5`h Avenue and the Northeast corner of said Lot 10;
thence, along said right-of-way, South 00°53'16" West, 238.80 feet, to the Southeast comer of
said Lot 10;
thence North 89°06'44" West, 2.00 feet, to a set 5/8 inch rebar with a plastic survey cap marked
"PLS 10782", a witness corner;
thence, continuing, North 89°06'44" West, 114.15 feet, to the POINT OF BEGINNING;
thence the following 26 (twenty-six) calls:
1. North 89°06'44" West 20.00 feet;
2. North 00°53'32" East 9.83 feet;
3. North 32°51'28" West 32.40 feet;
4. North 00°53'32" East 37.76 feet;
5. North 89°06'36" West 48.32 feet;
6. North 00°53'24" East 6.00 feet;
7. South 89°06'36" East 48.32 feet;
8. North 00°53'32" East 57.00 feet;
9. South 89°06'36" East 12.00 feet;
10. North 00°53'32 " East 20.00 feet;
11. North 89°06'36 " West 60.62 feet;
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12. North 00°53'24" East 6.00 feet;
13. South 89°06'36" East 111.24 feet;
14. South 00°53'24" West 6.00 feet;
15. North 89°06'36" West 39.61 feet;
16. South 00°53'32" West 20.00 feet;
17. South 89°06'36" East 20.31 feet;
18. South 00°53'24" West 20.00 feet;
19. North 89°06'36" West 23.31 feet;
20. South 00°53'32" West 37.00 feet;
21. South 89°06'36" East 42.61 feet;
22. South 00°53'24" West 6.00 feet;
23. North 89°06'36" West 42.61 feet;
24. South 00°53'32" West 31.70 feet;
25. South 32°51'28" East 32.40 feet;
26. South 00°53'32" West 15.89 feet; to the POINT OF BEGINNING.
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Meridian City Council
January 24, 2006
Page 2 of 55
leaders and on behalf of all of the citizenry tonight, God, it has fallen my place to thank
you for that. I pray that you will bless their lives. 1 thank you for the hours that they give
way beyond what they are fairly paid from our tax dollars for their service, for many that
are volunteers here tonight, God, are affected. It looks to me like, God, from the turnout
tonight that there isn't that many controversial things on the agenda or there would
probably be more people in these chambers. So, I kind of pray tonight that maybe the
meeting will go swiftly and they can get home to #heir families and you can bless them in
the way. I thank you for people that are willing to step up to the plate and be wiling to
make decisions that knowing in coming to these meetings week after week and know
that a lot of folks are going to be mad at them when the meeting's over with and we give
them that, that they are making decisions out of a good conscience. I pray that you will
bless them with wisdom, because there are people, 1 suppose, that come to this
meeting with high hopes that a decision will be made that makes their life better and
how it aids them. I pray for just good judicial judgment in this meeting tonight. Father,
again, thank you for the privilege of living in this place. We pray that you would bless
our future. We are a rapidly growing community, more so than just about anyplace in
this nation, and that brings us both blessings and problems. So, give these folks an
extra measure of wisdom tonight to sort that out just a little bit more for your glory and
for your kingdom's sake, in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Moore. Item No. 4 is tfi~e Consent Agenda -- I mean
adoption of the agenda. Mr. Bird.
Bird: Thank you, Madam Mayor. We do have an addition, which I will also go through
when I go through the Consent Agenda. We do have an Item X, which is a request for
license for Nampa-Meridian Irrigation District for the Waltman Lane sewer extension,
which has been okayed by the city attorney. And wire have two resolutions in our
Consent Agenda, 06-501 and 06-502. In our regular agenda, Item No. 14, an
ordinance, has been asked to be continued to February 6, 2006. And Item 13 is a
resolution, which is No. 06-503. With that I move we -- I'm sorry. Yeah. Item A in the
Consent Agenda would also be tabled to February 6, 2006. And with that I move that
we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. We have a motion to approve the agenda as amended. Is there any
discussion? All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Tabled from January 17, 2006: Development Agreement: AZ
05-017 Request for Annexation and Zoning of 137.96 acres from
Meridian City Council
January 24, 2006
Page 3 of 55
RUT to R-8 zone for Messina Meadows Subdivision by Tuscany
Development, Inc. - on South Eagle Road between East Victory
Road and East Amity Road:
B. Approve Minutes of January 10, 2006 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: Vd4R
05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed
maximum structure size for a temporary sales trailer in the R 4
zone for Redfeather Estates No. 2 by Packard Estates
Development, LLC - 4132 East Race Street:
D. Findings of Fact and Conclusions of Law for Approval: AZ 05-
046 Request for Annexation and Zoning of 31.72 acres from RL1T
to R-4 zone for Estancia Subdivision by Gemstar Development,,
LLC -1990 East Amity Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 05-
049 Request for Preliminary Plat approval of 103 single fa!rr,~y
residential building lots and 7 common lots on 31.72 acres in a
proposed R-4 zone for Estancia Subdivision by Gemstar
Development, LLC -1990 East Amity Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ x5-
042 Request for Annexation and Zoning of 9.fi3 acres from RUT ~
R-8 zone for Medford Place Subdivision by Dyver Development,
LLC - 3335 South Eagle Road:
G. Findings of Fact and Conclusions of Law for Approval: PP it.5-
043 Request for Preliminary Plat approval of 29 single-fam~yy
residential building lots and 8 common area lots on 8.57 acres in a
proposed R-8 zone for Medford Place Subdivision by Dyver
Development, LLC - 3335 South Eagle Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
05-044 Request for approval of a Conditional Use Permit for a
Planned Development for Medford Place Subdivision that
includes reductions to the minimum requirements for lot size and
street frontage by Dyver Development, LLC - 3335 South Eagle
Road:
1. Water Main Easement Agreement for Seventh Dav Adventist
Church:
J. Streetlight Agreement for Redfeather Subdivision No. 6 by
Packard Estates, LLC:
Meridian City Council
January 24, 2QU6
Page 4 of 55
K. Streetlight Agreement for Redfeather Subdivision No 7 by
Packard Estates, LLC:
L. Public Works Budget Amendment for South Area Treatment
and Lift Station Proiect:
M. Change Order No. 1 for the Black Cat Lift Station with JC
Constructors, Inc.:
N. Permanent and Temporary Easement Contract for the Pine
Interceptor Sewer Project:
O. Temporary Construction Easement Agreement for Waltman
Lane Sewer Extension at Ten Mile Creek:
P. Sanitary Sewer Agreement for Waltman Lane Sewer Extension
at Ten Mile Creek:
Q. Water Main Easement Agreement for Newton's Nook by
Pennwood III, LLC:
R. Contract to Commission Artwork for the Meridian Gateway
between the City of Meridian and Sculptures by BJH, LLC:
S. Contract with Dave McClaren Well Drilling for Rehabilitation
and Redevelopment of Well # 17:
T. Agreement for Professional Services for Wastewater
Pretreatment On-Goiing Services Pretreatment Services:
U. Resolution No. 06-501 Destruction of Records -Old
Election Ballots:
V. Resolution No. 06-502 :Destruction of Records -Old
Prosecution Records:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As !stated, Item A on the Consent Agenda needs to be tabled to February 6,
2006. We also have Resolution 06-501, 06-502 and we have an addition, which is Item
X, which is a request for license with Nampa-Meridian Irrigation District for Waltman
' Meridian City Council
January 24, 2006
Page 5 of 55
Lane sewer extension. All these have been properly signed, are waiting for the Mayor
to sign and the Clerk to attest, which is part of my motion.
De Weerd: Do I have a second?
Wardle: Second.
De Weerd: Okay. Motion by Mr. Bird, Second by Mr. Wardle.
Rountree: Madam Mayor?
De Weerd: Mr, Rountree.
Rountree:.lus# for clarification, on Item No. R, is that i1'or Main Stree# and Eagle Road or
one -- or just Main Street? What's the location?
De Weerd: Most immediate would be the Main Street over by KFC.
Rountree: So, we wouldn't be at this point commissioning work that would be on Eagle
Road?
De Weerd: Not until ITD tell us we can.
Rountree: Okay.
De Weerd: And --
Rountree: That helps.
De Weerd: -gives me a budget.
Rountree: And that helps when you get a budget.
De Weerd: Yeah.
Rountree: Okay. Thank you.
De Weerd: Uh-huh. Any other questions? Thank you. Mr. Berg, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports: