Water Main Easement with TQ Silverstone Way, LLC for Candlewood Suites (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 02101107 01:43 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIII'I'III~I~~Illll'll'llll'I'I
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this / / day of J~An1 , 20~between i Q SiLdE~S ~oN~ w~ ~ ~ ~e 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 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 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 adj acent 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
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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:
,~~ ~it~E~ZSio~/C GJAY. LCC
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,2oBE~T M ui,J.~l MAunC;Eixl~r ~t/Ey/3E~
STATE OF IDAHO )
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County of Ada )
On this ~~ ~~ day of Ica ~ ~~.~ y , 20 b7 before me, the undersigned, a Notary Public in
and for said State, personally appeared "~ c~~E-~-~ m Q ~ ~ ~ r ~ 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~~ _`~~ 4~
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing at Y~ ~ cl.dl ebb r i-~~~
Commission Expires: JU 1 T~ ~ ' %~ ~ ~'
DEBBIE GORSKI
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement EASMT WTR
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CITY OF MERIDIAN
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Tammy e rd, yor o
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Wi iam G. Berg, Jr., City Cler ~-`-~~~' "'
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Approved by Council on : '! ~.~
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STATE OF IDAHO, )
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County of Ada, )
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On this ~ ~ day of ~%'G~ r.~t (~- ~ ~ ,2007, before me, the undersigned, a
Notary Public in and for the State of daho, 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
Notary Public for Idaho
Residing at: ~ YVLE (G~ ~-~ ~; ;r
My Commission Expires: /C /~- !~
PaSe ~ of„~
Exhibit A
Easement Description
A watermain easement located in Section 21, Township 3 North, Range 1 East, Boise
Meridian, mare particularly described as follows:
Commencing at the NW Corner of Section 21, Township 3 North, Range 1 East
Thence South 00°14'50" West, 1247.93 feet along West Boundary Section 21.
Thence South 89°45' 10" East 354.61 feet.
Thence North 00°14'50" East 158.57 feet.
Thence South $9°45' 10" East 299.36 feet to point on existing utility easement.
Thence along a curve to the right;
Radius = 350.00'
Arc = 20.93'
Chord = 20.92'
Chord Bearing = North 22°58' 19" West to the REAL POINT OF
BEGR~TNING.
Thence South 70°49'44" West 27.10 feet.
Thence North 20°07' S9" West, 64.77 feet.
Thence North 70°49'44" East, 31.84 feet.
Thence along a curve to the left:
Radius - 350.00'
Arc = 64.96'
Chord = 64.86'
Chord Bearing = South 15°56'32" East to the REAL POINT OF
BEGINNING.
Area 1843.36 SF
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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 Agreement 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. Agreement to Transfer Property for 1986 Pierce/Ford Suburban
Pumper Fire Engine from the Meridian Rural Fire Protection
District to Boise County:
K. Sanitary Sever and Water Main Easement Agreement for Doris
Subdivision lots 1-3, block 2) by Seagle Three, LLC:
L. Water Main Easement Agreement for Exceed Learning Center
by Exceed, Inc.:
M. License Agreement with Nampa Meridian Irrigation District for
Pathway for Cabella Creek Subdivision:
O. Water Main Easement Agreement 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 Bainbridge 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.