Water Main Easement with Capital Hill Holdings, LLC for Pine Street Warehouse
ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 E
BOISE IDAHO 08/10/07 11:11 AM
DEPUTY Bonnie Oberbillig III IIIIII'llllll'llllllllllllllll I'll
RECORDED-REQUEST OF
Meridian Ciry 1071136~~
WATER MAIN EASEMENT
T~S INDENTURE, made this ~ day of ~, 20~between i ~ ,~ (~'Qiln (~,e! the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Co ty, 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 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 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
Pag~_ ~___o~
THE GRANTORS do hereby covenant with the Grantee that they aze 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:
P• ~.~t. µ~ l { ~o~~~ ~- 51 Lac
Secretary
STATE OF IDAHO
ss
County of Ada )
On this ~rd day of ~ , 20 G'l, before ~}e, the undersigned, a Notary Public in
and for said State, personally peazed ~tC~MCZS ~ . 't'l l~.E_ 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 yeaz
fist above written.
(SEAL)
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Water Main Easement EASMT WTR
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by William G. Berg,
Approved By City Council On:
STATE OF IDAHO,
County of Ada
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On this ~~~ n ~~ day of ~ G ~~ ~ ~~ ~~t , 200~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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JUL. 3.2007 12~18PM MASON & ASSOCIATES
N0.121 ~P . 2 ' '" ~'~
~~,~~ ~ Proi~essional Engineers, Land Surveyors and Planners
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314 Badiola~'t. Caldwell, ID 83805
Ph (20$) 4540256 Fax (208} 45q.-p979
e-mail: dholzhev _ tnsen~.us
FOR: Steve Mill
JOB NO.: FE0707
DATE: July 2, 2007
20.00 FUOT'WIDE
~V,ATER EASEMENT
An easement being a portion of the NE1/4 SE1/4 of Section 7, Township 3 North, Range 1 East,
Boise Mez~dian, Ada County Idaho, more pa~ficularly described as follows:
Commencing at the northeast comer afsaid NEI/4 SEl/4;
'T'hence S 89° 33' 26" W a distance of 773,92 feet along the north boundary of said NE1/4 SEI/4 to
the POINT Off' BEGINNING,
Thence S 00° ?2' 4b" W a distance of 58.92 feet to a paint;
Thence N' $9° 37' 14" W a distance of 24,0? feet to a paint;
Thence N ~° 22' 46" E a distance of 58,63 feet to a point on the north bou~tdary of said 1VEi/4
SEl/4;
Thence N 89° 33' 26" E a distance of 20.00 feet slang' said north boundary to the PAINT O.P
BEGI1NING;
This water line easement contains 1175 square feet more or less.
SZTB.YECT TO: A.11 e~dsting rights of way and easements 'of record or implied appearing oa th,e
above-described parcel of land.
JUL. 11.2007 12~ 27PM~"IASON & ASSOCIATES, ~~10. 175-rt'.2
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Meridian City Council
July 24, 2007
Page 3 of 70
D. Approve New Beer and Wine License for Gelato Cafe by Gelato
Cafe LLC at 2053 E. Fairview Avenue, Suite 101:
E. Lease of Property between the Union Pacific Railroad
Company (Lessor) and the City of Meridian (Lessee):
F. Approve Additional Plat Signature for Gramercy Park
Subdivision No. 1 in regards to City ownership of Kiwanis Park
lot:
G. Water Main Easement Agreement for Pine Street Warehouse
by Capital Hill Holdings, LLC:
H. Water Main Easement Agreement for Fairview Lakes Building
by Fairview Lakes, LLC:
I. Approve New Beer and Liquor License for Baia Taco Beverage
Concession by David Edmark at 1735 W. Franklin Road, Ste
120:
J. Public Works Change Order No. 1, Water and Sewer
Improvements in Conjunction with ACHD West 1S Street,
Washington to Cherry Road Project for a cost of $88,800.00:
L. Approve Contract for WWTP Security Fence with Butte Fence,
Inc. for $47,571.35:
M~. Approve Contract for Water System Redundancy and Storage
Evaluation with Murray, Smith & Associates, Inc. for
$10,000.0:
N. License Agreement with Nampa Meridian Irrigation District for
the North Black Cat Pressure Sewer within the Five Mile Drain:
O. Approve Public Right of Wav Sidewalk Easement Contract for
the Lift Station Site on Black Cat Road between Ustick Road
and McMillan Road for ACRD:
P. Approve Right of Wav Dedication Warranty Deed for the North
Black Cat Lift Station with ACHD:
Q. Award Bid /Approve Contract for the North Black Cat Pressure
Sewer with H2 Excavation, LLC for $398,376:
Meridian City Council
July 24, 2007
Page 4 of 70
R. Second Amendment to Lease Agreement for Office Space
between the City of Meridian and the State of Idaho by and
through the Department of Correction:
S. Resolution No. 07-569 VAC 07-009 Request for a
Vacation of the public utilities, drainage, irrigation easements, a
future road easement and a farm access easement for Lots 3, 4, 5
& 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by
ATM Development, LLC -north of Victory Road and west of Locust
Grove Road:
T. Resolution No. 07-570 VAC 07-013 Request for
Vacation of the public utility easement platted on Lots 1-3, Block 2
for Doris Subdivision by Teach Investments and Seagle Three,
LLC - 1330 East Fairview Avenue:
U. Resolution No. 07-571 Appointments for Board
Members and Alternates to the Valley Regional Transportation
Authority:
V. Addendum to Development Agreement: AZ 06-007 Request to
modify Section 4.1 of the original Development Agreement for
Solitude Subdivision with Solitude Development, LLC and
Providence Development Group:
W. Agreement for Professional Services for Polygraph
Mentorship, Education and Training Services with Idaho
Polygraph Association for $4,000.00:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda Item K needs to be moved to 6-K and Item X needs to be
moved to 6-X. ~ Item S, T, and U are Resolution number 07-569, 07-570, 07-571, and
with that I move we approve the revised Consent Agenda and for the Mayor to sign and
the Clerk to attest on all papers.
Zaremba: Second.
Meridian City Council
July 24, 2007
Page 5 of 70
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Items Moved from Consent Agenda:
K. Public Works Budaet Amendment for the WWTP Security
Fence in the amount of $65,000 for FY 2007:
De Weerd: Thank you. Well, there were two items moved from the Consent Agenda to
Item 6. So, we will first hear item 6-K. Mr. Grady.
Grady: Madam Mayor, Members of the Council, I would just like to amend that budget
request to read 50,000. The contract for that was around 47. That allows for small
change orders, rather than the 65.
De Weerd: Thank you. We always like to see them go down, rather than up. Any
questions from Council? Do I have a motion to approve?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton, I move we approve the Public Works budget amendment, the security fence, in
an amount not to exceed 50,000 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 6-K. If there is no
discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
X. Item 6-X is a request for approval of a new beer and
wine license for Rick's Press Room Restaurant.
De Weerd: Council, Item 6-X is a request for approval of a new beer and wine license
for Rick's Press Room Restaurant, located at 130 East Idaho Avenue. Mr. Nary.