Water Main Easement with Sevoian, Paul for Sevoy Antiques~~
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02115!07 01:38 PM
DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECbRDED-REQUEST OF
Meridian City 1 ~~~~~~~~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of , 20~~ between ~ :~ 11~ Y~ ,the parties 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 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 GRANTOR, and other
good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the Grantee
theright-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.
TT 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 adj scent 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 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 GRANTOR hereby covenant and agree with the Grantee that should any part oftheright-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
Water Main Easement Sevoy Water
Easement
P
a
shall be completely relinquished.
THE GRANTOR 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.
GRANTO ~
Paul Sevoian
STATE OF IDAHO )
ss
County of Ada )
~~ ~
On this .-~ day of -~ ~ n ~' 20v~ , fore me, the undersigned, a Notary Public in
and for said State, personally appeared ~~+-~~ ~~ ~' ~ ~ °~ known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
-~---
_.r . _ G
JIM L. CR~-V1~OR®
(s~ O~ 1Du~M® N TARY P IC ~ ID~.. ,
esi ing at ~ `
~° " Commission Expires:
Water Main Easement Sevoy Water
Easement
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GRANTEE: CITY OF MERIDIAN
,~,``~~utlun~rh
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Tammy de Weer or ~ `~~~~~~?'~ '~ ~~'
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/~i~--~+ /.yam ~ ~j
Attest by William G. Berg, ty erk .yQ ~~
Approved By City Council On: ~~' \
~f~fl ffII1HN1~~~~
STATE OF IDAHO,
ss.
County of Ada
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On this ~ ~~ day of ~~~'~ GvLti` , 20~, before me, the undersigned, a
Notary Public in and for said State, personally 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) • O ~~~: NOTARY PUBLIC FOR IDAHO
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Residing at: ~-w~l,t (6:~ ~~
1, ~~ ~ Commission Expires: l~, -~ i S - l l
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Water Main Easement Sevoy Water
Easement
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EXHIBIT "A"
WATER MAIN AND METER EASEMENT DESCRIPTION
A water main and meter easement lying in the SW1/4 of Section 6, Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho, said easement being more particularly
described as follows:
Commencing at a Brass Cap marking the S1/4 Corner of said Section 6, said Brass Cap
bears N.88°09' 15"E. 2404.63 feet from a found Brass Cap marking the SW Corner of
said Section 6; thence 5.88°09' 15"W. 298.43 feet along the south line of the said SW1/4
of Section 6 to a point; thence N.O1 °50'45"W. 52.96 feet to a point; thence
N.00°07'20"W. 47.51 feet along the west right of way of E. Barbara Drive to the POINT
OF BEGINNING;
Thence 5.47°51'35"W. 62.54 feet to a point;
Thence 5.88°09'15"W. 30.93 feet to a point;
Thence N.47°51'35"E. 75.35 feet to a point;
Thence 5.72°56'56"E. 5.56 feet to a point;
Thence N.17°03'02"E. 9.32 feet to a point;
Thence N.47°51'36"E. 4.49 feet to a point;
Thence N.0°07'20"W.13.03 feet to a point;
Thence N.89°52'41 "E. 10.00 feet to a point lying on the said west right of way of E.
Barbara Drive;
Thence S.0°07'20"E. 30.94 feet along the said west right of way of E. Barbara Drive to
the POINT OF BEGINNING.
Said easement contains 1726 square feet, more or less, and is subject to all existing
easements and right-of--ways of record or implied.
50704 Onsite water easement description 0524061mm.doc
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FAIRVIEW AVENUE uA"~I I
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SEC. b
- ~~ ~ _ - - 298.43~' - /~ _ _~_ -
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N 88'09'15" E 2404.63' V FOUND
BRASS CAP
GPtF No. 103121826
OAIE DESIGN BY: -- SHEEP: OF
J.J. HOWARD s/IZ/oe KER ~ ~ ~ ° \ \ SEVOY ANTIQUES /
FAIRVIEW TERRACE MOBILE f-IOME PARK
Exa,~ac /sumac scuE: arAwN E1': oHAmHC No.
~uocm~wern.,srru"/r,~rn,arap"ye~ern 1" = 50" KER Meridian City Exhibit WATER MAIN AND METER EASEMENT
Page~~
Meridian City Council
February 8, 2007
Page 3 of 78
South Ridae Subd~ision by James L. Jewett -south side of
Overland Road between Linder Road and Ten Mite Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 06-
031 Request for Preliminary Plat approval of 224 lots including:
189 residential lots, 11 commercial /other lots and 8 Mega lots (to
be developed in the future) and 16 common/open space lots on
290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2
zones for South Rimed , e .Subdivision by James L. Jewett -south
side of Overland Road between Linder Road and Ten Mile Road:
I. Development Agreement: AZ 06-048 Request for Annexation
and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres)
and I-L zone (24.01 acres) for Creamline Park Subdivision by
Creamline Associates, LLC -1200 West Franklin Road:
J. Development Agreement: RZ 06-010 Request for a Rezone of
2.20 atxes from I-L to a C-G zone for Lanark Proinertv by Ron Van
Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1
& 2, Block 1 of Olson & Bush Industrial Park:
K. Development Agreement: AZ 06-034 Request for Annexation
and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited
Office District) zones for Ashtvn Park Annexation by David N.
Price -- 201 West Ustick Road:
L. Sanitary Sewer and Water Main Easement As~reement for
Suafrowh____awk 111 by David Waldron, Douglas Keith, and Russell
Curtis:
M. Water Main Easement A~reement f~ Meridian Village by ASH
Investments:
N. Water Main Easement Agreement for Sevoy A_ntiaues by Paul
Sevoian:
O.
by Fairview Terrace, LLC:
P. Water Main Easement ,,Aa eem®nt for Precision Lo,~~,~iomes by
Precision Craft Lag Homes;
Q. Chance Qrder No. 11 0,~ f Contract with JUB,~noineerins~ for
Design of Water & Sewer Improvements in Conjunction with
ACHD Ten Mile, Franklin to Cherry Project for a Cost of
$5,000.00:
Meridian City Council
February 6, 2007
Page 4 of 76
R. Public Works Change Order No. 4 for ,Water and Sewer
anon for a Cost of
S. Public Works Chance Order No. 2 for the Pine interceptor
Sewer /Ten Mile Sewer Project with Bodiford Construction,
Inc, for $75,650.80:
T. Task Qrder #0664 ,with Civil Survey for Design ,and
Construction Oversight Services for Chevy Lape Mobile Home
Parks yl~ater System Uagrades for $15,135.00:
U. Regpest for Reduction , in Sewer Connection .Fee for Bill Sz
Lynn's Place at 229 West Franklin Road:
V.A,~arove Award of Bid„f Agreement for #CH-07-001 Well
Abandonment to McLeran Weil Drilling.. LLC not to exceed
$65,000.00:
W.
X. Hold Harmless As~reemen_,_, t for Participation in A~ct„~,vities And ~
Qr Use of Facilities withloint School District NQ 2:
Y. Approve Contract for the Canal Crossings for the Bitter Creek
Lift Station and Pipelines with H2 Excavation, lnc. for
$36,713.02:
Z.
Project with CH2M HILL for $53,100.00:
AA. Appro~re Contract for the Meridian 'V1~ater Department Well
Drawdown Meters / SCsADA Maintenance with DC Engineering,
P.C. for $23,227.00:
BB. Approve Contract for the„Task Order 2 with HDR Engineering,
Inc. for $10,000.00:
Borton: Item No. 5. Consent Agenda.
Bird: Mr. President?
Borton: Mr. Bird.
Meridian City Council
February 6, 2007
Page 5 of 76
Bird: I move that we approve the Consent Agenda as published and for the President to
sign and the Clerk to attest on all papers.
Rountree: Second.
Borton: It's been moved and seconded to approve the Consent Agenda as published.
Roli call, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department
1. Broadway Water and Sewer Project Update:
Borton: Thank you. Item No. 6, Department Reports. Public Works Department.
Broadway Water and Sewer Project update.
Radek: President Borton, Council Members, my name is Kyle Radek, I am a staff
engineer in Public Works. I'm the project manager for the Broadway Avenue Water and
Sewer Project. I'm here to ask for some guidance from Council. We originally specified
that work in the intersections of Meridian and Main Street on Broadway would be done
at night in this project and the contractor is requesting that we allow them to accomplish
the work by closing the intersections on weekends. After discussions with Public Works
director and ACHD staff, our conclusion is that allowing weekend closures would be
safer, faster, and save us money and so I'd like to offer this topic for discussion of the
Council to see if the Council had some opinions on the closures of the roads during the
weekends versus doing night work and the value of that to the citizens of the community
and to offer, if appropriate, concurrence on our decision.
Borton: Thank you, Kyle.
Bird: Mr. President?
Borton: Mr. Bird.
Bird: ACHD is fine with it and I don't see anything wrong with it. I think it's probably
better to do it then than at night, because you have still got traveling at night and quite a
bit of lighting up, so if that will save us some money I'm for it. I don't think it will tie the
traffic up too bad.
Rountree: Mr. President?