Water Main Easement with Tuscany Development, Inc. for Gramercy Subdivision No. 1ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 08/23/07 04;44 PM
DEPUTY Gail Garrett
RECORDED-REQUEST OF III IIIIIIII'I'll~~ll~l'I~~I~I~I~ ~~ ~~~
Meridian Ciry 10~ 11956
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of S~, 20O~between TSc De re .7~C1}e parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, da 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;
NO W, 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 Grantee the right-
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 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
Water Main Easement EASMT WTR
MAIN.doc
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effect and shall be completely relinquished.
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.
Secretary
STATE OF IDAHO
ss
County of Ada )
On this ~~ day of J ~~ 20®7, before me, the undersigned, a Notary Public in
and for said State, personally appeared art G 7 ~ S ~1 and
`(~ ~.~-o~.: rJ.~C3 ,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 written.
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MAIN.doc
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weer ayor
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Attest by William G. Berg, ty Clerk
Approved By City Council On:
STATE OF IDAHO, ;
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County of Ada )
On this ~ ~ ~~~day of ,~1'~~~ ~~S`t , 20 ~'~~, 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.
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Water Main Easement
NOTARY PUBLIC FOR IDAHO
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Commission Expires: 1 C' - ~ ~- f
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THS LAND GROUP, iNC.
July 19, 2007
Project~No. 06272
Exhibit "A"
Legal Description
Proposed Gramercy Subdivision No. 1
Lots 4&5, Block 1
City of Meridian Water Easement
4,075 Square Feet
A twenty foot wide permanent easement for the purpose of construction, access and
maintenance of water facilities situated in a portion of proposed Lots 4&5, Block 1,
Gramercy Subdivision No. 1 situated in the West One Half of the North East One Quarter
of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho described as follows:
{ ,,~ Commencing at a brass cap monumenting the Northeast corner of said Section 20, thence
following the northerly line of said section, South 89°46'02" West a distance of 2,194.28
feet to a point which bears N89°46'02"E a distance of 462.60 feet from a brass cap
monumenting the North 1/4 corner of said Section 20;
Thence leaving said northerly line, South 00°13'58" East a distance of 45.00 feet to a
point;
Thence South 00°13'58" East a distance of 345.14 feet to a point on the northerly right-
of-way line of proposed East Gala Street;
Thence following said proposed northerly right-of--way line, South 89°35'56" East a
distance of 72.06 feet to the POINT OF BEGINNING.
Thence leaving said proposed northerly right-of--way line, North 45°13'59" West
a distance of 16.34 feet to a point;
Thence North 00°13'57" West a distance of 40.93 feet to a point;
Thence North 49°24' 19" West a distance of 10.86 feet to a point;
Thence North 00° 13' 57" West a distance of 91.29 feet to a point;
Thence South 89°52' 19" West a distance of 22.38 feet to a point;
Thence North 00°00'00" West a distance of 20.00 feet to a point;
Thence North 89°49' 19" East a distance of 42.30 feet to a point;
Thence South 00°13'57" East s distance of 102.14 feet to a point;
Thence South 49°24' 19" East a distance of 10.86 feet to a point;
Thence South 00°13'57"
. East a distance of 41.80 feet to a point;
~ Thence South 45°13'59"
{, East a distance of 28.50 feet to a point;
,Sire PlrJnuiug • LandsmF~r tI nhi~r.Yxvr' • Ciati!F.'ugiHeeiiu~, • Golj CoarrYe Trrigatiau ~'^' Ergiuenrug • Gmph. is Comiuuuiiu/iovr • Seercryiub
4G2 E. Shore Drive, Ste. fLiU, F..agle, fdaho 83G1G + P 208.939.~(-41 F 2Q8939.a~5 + «1v-~F.dielandgrnnpinc.coni
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Page 2 of 2
Thence North 89°35'Sd" West a distance of 28.60 feet to the POINT OF
BEGINNING.
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Said easement contains 4,075 square feet more or Iess, subject to all existing easements
and right of ways.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
Prepared By: The Land Group, Inc.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAX)
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~G2 E. Shore Driie, Ste. IUU, F_agle, Idaho 836'!b • P 2U8.939.4U47 F °08.939.45 • n„zc.thelandgroupinc.com
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SfRJATED IN A PORTION OF THEW 1/2 OF THE NE 1/4 OF SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
E. OVERLAND RD.
N 1/4 COR. S89'48'02'W 2858.88' ~ /~
462.80' 2194.28'
S00'13'58"E ~...--~'
45.00' '
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Legend
® CALCULATED PCINT
SECTION CORNER
EASEMENT BOUNDARY UNE
SEC110N UNE
RIGHT-OF-WAY UNE
EAT UNE
TIE UNE
17 B
20 21
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r-\ //•~~ THE LANY7 GROUP, IlvC. 1t H
~• ~~ ••; .Landraayoa AroAt6sot4re EXHIBIT B
yColj Course hrtgaKo.. t dS~yta~ar~ng V
~~ ~ ~~ ~ ~ CITY OF MERIDIAN WATER EAC
-~'! era ~%an-pus GRAMERCY SUB N0.1
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L INE TABLE
UNE LENGTH BEARING
L1 18.34 N4593'S9'W
L2 40.93 NO'13' 7"W
L3 10.86 N 4'19'W
L4 9t.29 N093'
L5 22.38 1 'W
L6 Z0.00 N00'00'00'W
L7 42.30 N89'49'19
L8 102.14 S093'S7"E
L9 10.86 549'249 '
L10 41.80 SO'13'S7'E
L11 28.50 '1 '
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Scale: 1"=60'-0"
07-19-07
06272
1 OF 1
P~~ a~~
Meridian City Council
August 14, 2007
Page 4 of 99
J. Findings of Fact and Conclusions of Law for Approval: CUP
07-005 Request for a Conditional Use Permit approval for multi-
family residential use in a proposed R-15 zone for Bellabrook by
J.E. Development, LLC - 300 South Locust Grove Road:
K. Resolution No. 07-574 VAC 07-008 Request for a
Vacation of the City of Meridian utility easement common to Lots 1,
2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn
and Suites by Tealey Land Surveying - 815 & 875 South Allen
Street and 2870 East Freeway:
L. SHP 07-005 Request fora Short Plat to create 2 office /
educational building lots on 33.315 acres in a C-G zone for Joint
School District No. 2 by Joint School District No. 2 - 1303 East
Central Drive:
M. Agreement for Professional Services for Human Resources
Consulting with BDPA, Inc.
N. Development Agreement: AZ 07-004 Request for Annexation
and Zoning of 2.48 acres from RUT to an L-O zone for Locust
Grove Professional Office Building by Ruby/Edwards:
Architecture + Design - 1695 South Locust Grove Road:
O. Development Agreement: AZ 06-043 Request for Annexation
and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing
Patio Homes Subdivision by Spurwing Limited Partnership -
Northeast Corner of North Ten Mile Road and West Chinden
Boulevard and west of North Spurwing Way:
P. Addendum to Development Agreement: AZ 06-014 Request for
Annexation and Zoning of 20.16 acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential) zones for Cabella Creek
Subdivision by ATM Development, LLC -northeast corner of East
Victory Road and South Mesa Way:
Q. Water Main Easement Agreement No. 1 for Gramercy
Subdivision No. 1 (Lots 4-5, Blk 1) by Tuscany Development:
R. Water Main Easement Agreement No. 2 for Gramercy
Subdivision No. 1 (Lots 4-5, Blk 2) by Tuscany Development:
S. Sanitary Sewer and Water Main Easement for Retail Building 6
(CentrePointe Subdivision) by Blue Marlin Investments:
Meridian City Council
August 14, 2007
Page 5 of 99
T. Approve New Beer and Wine Licenses for Sakana Sushi &
Steak House by Ming Xing, Inc. at 1718 S. Eagle Road:
U. Approve Standard Form of Agreement with H2 Excavation,
LLC for the Construction of the North Black Cat Pressure
Sewer for $398,376.00:
V. Public Works Budget Amendment for the Black Cat Trunk Line
Item Number 96162 in the Amount of $3,200,000 for FY 2007:
W. Public Works Budget Amendment for Latecomers Expense
Line Item Number 80150 in the Amount of $3,700,000 for FY
2007:
X. Approve Contract for North Black Cat Trunk and Lift Station
Authorization for Additional Services No. 3 with JUB
Engineers, Inc. for $170,971.00:
Y. Approve New Beer and LIQUOr Licenses for Harry's Meridian
Grill by Steve Youngerman at 2032 E. Overland Road, Ste.
125:
Z:
Resolution No.
the Comprehensive
amending pathway
Plan Amendment I
Department
07-575
Plan Future
locations for
-y the City of
CPA 07-003 Request to amend
Land Use Map by adding and
the Pathways Comprehensive
Meridian Parks and Recreation
AA. Public Works Budget Amendment for an additional $310,000
for the Sewer Portion of Broadway Water and Sewer
Improvements:
BB. Public Works Chance Order No. 1 for the McMillan Water Line
- Wild Goose to Palatine Project (Construction) with Star
Construction, LLC for $3,436.21:
CC. Mayor's Budget Amendment for State of the City Fund
Expense:
De Weerd: Item 5 is the Consent Agenda. Mr. Zaremba?
Meridian City Council
August 14, 2007
Page 6 of 99
Zaremba: I have a question about Item H, Item M, and Item N. Hopefully, each of
those will be short questions, but I would like to ask that they be moved off of the
Consent Agenda and placed under Item 7, H, M, and N.
Bird: Which ones? H, M, and N?
Rountree: M and N.
Zaremba: Howard, Mary, and Nancy.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the Consent Agenda, as stated earlier, Item D is resolution number 07-573.
Item H has been asked to be removed to the regular agenda and will be Item 7-H. Item
N has been asked to be removed to the regular item and will be 7-M. Item N has been
asked to be moved to the regular agenda, which will be 7-N. And also Item Z is a
resolution number 07-575. I move we approve the Consent -- the revised Consent
Agenda and for the Mayor to sign and the Clerk to attest.
Zaremba: Second.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
If there is no discussion, 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. Police Department:
1. Recognize retired Police Officers:
De Weerd: Council, under Department Reports tonight we will begin our Department
Reports with Chief Musser.
Musser: Madam Mayor, Members of the Council, I'm here this evening to present two
of our officers who are retiring this week from the Meridian Police Department. They
have served a number of years with the Meridian Police Department, both of them