Water Main Easement with Exceed, Inc. for Exceed Learning Centerno•ya3i r• t
ADA COUtiTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02101/07 01:43 PM
DEPUTY Neava Haney II I I I II II IIII II I I III I II i II I I II I I I I III
RECORDED-REQUEST OF
Meridian City 1 ~07E115559
WATER MAIN EASEMCNT
THtS IlvDl;Tl1'i1RE, made this ~ day of nwc 200? between ~XGtec~~ ~nG, the parties of
the first Part; and hcacinalhn' called the Grantors, and the City of Mcridsaq Ada County, Idaho, the party of
the second part, and her~at}~r ~~ the Crrantoc;
WITNESSETH:
VVIFTEREAS, the Grantors desire to provide a water main, right-of way actors ttte pt~c',miscs and
property haceinaft~ particularly bounded and described; and
WHF.ItF.AS, the water main is to be provided for through an undergrouctd pipeline to be coz~uctod
by others; and
WHEI.tEAS, it vKill be necessary to maintain, service and subsequently connect Lo said pipeluue &~
time to time by the Grantor;
NOW, THEREFORE, in consideration of the benefits to be received by the t;ratttors, and othergood
and valuable eonsideratio~a, the Crrantors do h+~oby give, grant and convey unto the Grantee the right-
of-way far an easement foi tlae eaaaslruction, opcration, maintcaoa~c, repair, iaplacement of a water
main over and across the following descnl~ed property
(SEI? ATfACITF.Ja EXllIB1T A aad B)
The easement hereby granted is for the purposc of construction and operation of a water line and their
allied facilities, together with their maitYtenanoe, additional oomtoction and rcplacrunent
at Ilse eonvenics:ee of the Grantee, with the free right of access to such facilities at any and all times.
TO HA'V'E ANri'i'O HOLD, the said easement and rght-of-way unto the said Grastte~„ iCs suecxssors
and assigns forever.
lT I$ EXPRESSLY I11VT)ERSTOOD AND AGREED, by and hetwcen the parties hereto, that after
eonstxucUion, making repairs, performung other maintenance or making suhcequent connection m the
water line, Grantee shall restore the area or the cascmont and adjacent property 1b that erdsknt prior to
undertaking such comstruction, repairs and ruaintenanoe. However, Grantee shall net be responsf ble
for repairing, replacing or restoring anything placed within the area described in tbis.easeanent that
was placid there in violation of this easement. Additionally, grantee shall not be responsible for
repairing, replacing or restoring the following tlmx items that wcae pamittc~d within this ccat:1)
Swint Pad 2) Play Area 3))~ence.
THE GRANTORS hereby covenant and agree that they wilt not place or allow to be placed aay
perrnarrtnt structures, fcntang, trees, blush, or pernanial sluubs or flowers, other than the three items
specifically mcrrtioned above, withiua rite arts desedbed fez this cwt, which would interfet+e with
tlm use of said easement, for the purposes stated hen9in.
THE GRANTORS hereby covenant and agree with the Granter that should any part of the right-of-
way aid eaacment hereby granted shall become part of, nr lie within the boundaries of a~qy public
water Male Easement
tASIVIT WTRdoc
P~~.
Ja~~ 5. 2001 3~31PM
No~9531 P, 3
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, sbail cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantcx that they arc lawfully seized and possessed
of the afot~ementioned 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 WNF'.Rh'OF, the said parties ofthe first part have herew-to subscribed their signatures
the day and yeai first herein above written..
GRANTOR:
.__.~ _
P i
Secret
rl
STATE OF IDAHO )
ss
County of Ada )
On this ~_ day ofs~.r , 200, before me, the undcxsigncd, a Notary Public in
and for said State, persona)ly appc:ar~d u_ l It ~~,e~ (~..er~~c~( ~d
(~te°~!~ r'~~.known or identified to me to be the President and Secretary, respectively, of the
corporation that ex~ated the within instrument, and aelrnowledged to nae that such corporation
cxccuted the same_
iN W ITNESS WHiiRF,OF, I have hca+cunto set my hand and affixed my official seal the day and year
fZSt above written, n
JEFFREY AU3TIN
NOTARY PUBLIC
STATE OF IpAHp,
NUT'.
Expires: /'t'~+-cf-~3-~ /~
Water Main F,asenaemt
EASMT WT'R.doe
Pa8 ~ o
CITY OF MERIDIAN
Tammy ~e W
William G. Berg, Jr., City
Approved by Council on
STATE OF IDAHO, )
. ss.
County of Ada, )
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On this ~~ ~ day of , __~ GL,~ ~~~ u..,;~-'; I
,, ,2007, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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 ~'' ~~lS' •••
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Notary Public for Idaho
Residing at: ~V t,-< <~,,~~__. ,~~,
My Commission Expires: /C ~ ~ ~ ~
PaBe~~
ARR~W
GPS, BOUNDARY,
Tt1POGRAPHIC AND A.L:T.A.
SURVEYS
land Surveying, I11C. CONS D SCTI~ONNISTAKING
1121 E. State Street Suite 185 Eagle, Idaho 83616 office: 1.288-939-7373 fax: 1-2A8.939-7321
Job No. 06255
TRF
12-8-06
(revised 12-18-061
LEGAL D~SC'.RTPTT(~N
FOR
CITY OF MERIDIAN
20' Water Easement
Part of Lot 4, Block of Bridgetower Cossing Subdivision No. 2 located in Section 35,
Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho described
as:
Beginning at the Southwest corner of Lot 4, Block of Bridgetower Cossing Subdivision
No. 2, located in Section 35, Township 4 North, Range 1 West of the Boise Meridian,
Ada County, Idaho and running thence N00°53' 19"E 20.00 feet along the West line of
said Lot; thence S89°06'41"E 184.49 feet; thence N00°53'19"E 3.31 feet; thence
N89°06'41"W 24.90 feet; thence N00°53'19"E 20.00 feet; thence S89°06'41"E 44.90
feet; thence S00°53' 19"W 43.31 feet to the South line of said lot; thence N89°06'41 "W
204.49 feet to the Point of Beginning.
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N00'S3'19'~' 20.00'
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Meridian City Council
January 16, 2007
Page 3 of 63
L-O zone for Ada County Highway District Locust Grove Road
Pond by Ada County Highway District - 1280 North Locust Grove
Road:
E. Development Agreement: AZ 06-044 Request for Annexation
and Zoning of 19 acres from RUT to an R-4 zone for Whitebark
Subdivision by Dan Wood - 2135 East Amity Road:
F. Approval of New Beer and Liquor License for Blue Ribbon
Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle
Road:
G. Water Main Easement Aqreement for Bridgetower Retail
Buildings by Primeland Investment Group:
H. Resolution No. 07-545 Appointments for Board
Members and Alternates to the Valley Regional Transportation
Authority:
I. Resolution No. 07-546 For Review and Comment on
the proposed addition of a New Public Works Fee of $25.00 for
the Floodplain Development Permit Application to offset the
cost of staff time and materials in processing an application for a
floodplain development permit:
J. Aqreement to Transfer Property for 1986 Pierce/Ford Suburban
Pumper Fire Engine from the Meridian Rural Fire Protection
District to Boise County:
K. Sanitary Sewer and Water Main Easement Aqreement for Doris
Subdivision (lots 1-3, block 2) by Seagle Three, LLC:
L. Water Main Easement Aqreement for Exceed Learning Center
by Exceed, Inc.:
M. License Aqreement with Nampa Meridian Irrigation District for
Pathway for Cabella Creek Subdivision:
O. Water Main Easement Aqreement for Candlewood Suites by
TQ Silverstone Way, LLC:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
January 16, 2007
Page 4 of 63
Bird: I move we approve the Consent Agenda, which includes Item H, Resolution 07-
545 and Item No. I, which is resolution 07-546, and Item N has been asked to be pulled.
And with that I move that we approve the revised agenda and for the Mayor to sign and
the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Any discussion on this item? Mr.
Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Parks Department
1. Parks and Recreation Commission Recommendation of
Name of Park in Bainbridue Subdivision:
De Weerd: Okay. Item 6 under Department Reports, I'll start with the Parks
Department, approval of the park direction signs for roadways.
Strong: Thank you, Madam Mayor, Members of the Council. In our January parks and
recreation commission meeting the commission reviewed a request from the developer
at Bainbridge Subdivision to change the name of the park that will be constructed in that
subdivision to William Watson Park. The reason this came about is that the developer,
because of the amount of the donation toward that park has naming rights to the park
and was requested to look at a name that wouldn't be confusing with the subdivision
name and so this is the proposed name. It was reviewed by the commission and
recommended for your approval.
De Weerd: Okay. Thank you, Mr. Strong. Any questions by Council? Okay. Hearing
none -- Mr. Strong, are you looking for a motion to accept these signs or --
Strong: There was some discussion about whether further action is needed. I brought
this item forward, I think certainly approval by the Council kind of cements the name
change. We are looking at naming policy right now for parks and what needs to take
place, since it's already in policy and developers that make significant donations to a
park have the naming rights to the park, it's a requested name change from the
developer. So, with your approval we would make that official name change in
documents and at this point it's budged items and reference to the park, since there is
not any development going on there currently.