Water Main Easement with Fairview Lakes, LLC for Fairview Lakes BuildingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 08/10/07 11:11 AM
RECORDED~nREQUEST OF III I~II~I~I~I~II~III~IIIIIIIIIII I ~ ~~~
Meridian City 10711 ~63~
WATER MAIN EASEMENT
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THIS INDENTURE, made thi _ day o t~~ 20C~~ between~'t~,ry iCLi) l~~'S ~e parties of
the first part, and hereinafter called the Grant s, 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 andright-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 MAIN
--A
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:
~ ~
P.~ tyj }dint
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this l (- day of G ' ~ , 2~ efore me, the undersigned, a Notary Public in
and for said State, personal appe ed
known or identified to me to be
corporation that executed the within instrument,
executed the same.
th President and Sas~:taa3=, respectively, of t~he~
and acknowledged to me that such corporation
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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NOTARY
Residing atr~W;
Commission Expires:
Water Main Easement EASMT WTR MAIN
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weerd, or - -
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Attest by William G. Berg ity rk ' ~ ~9p _ r t ~ ~ • ~.~~~~~~
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Approved By City Council On: , '~
STATE OF IDAHO,
County of Ada
ss.
On this ~2- t1 C~ day of ~`t L1 ~ ~'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 instrurnent, 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) ~ ~ ~,~pT'4+~,~,~i NOTARY PUBLIC FOR IDAHO
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Residing at: ~/' ;' ~ lh ~~ ~ ,_%~
Commission Expires: / ~ -/S = r
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Water Main Easement EASMT WTR MAIN
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CIVF1A~rs~tiTit~Ai~ ANOd~3uRYSl~S
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Water Easement Legal t3esek~iptton
For Fairview Lakes Shopping Center
Job Wo. fi7fl69 6!2$/2{}07
A water easement loeateci in Lot 4, Block. 3, of Devon Park Subdivis~ No. I, as shown in Boric 89 'Plats at Page
14355, Ada Coin Records, ~ being a prortion of the SW 114 of the SE l/4 of Section 6, T3N, R1B, B.M., City of
Meridian, A~ Courtly, Idaho, Ada Cotmry Records. ~ ~ as lbws:
COMMENCING at a found brass ~ (oor~ record inst. #1fl3121926) marking the S 1!4 corner of said Seth 5;
Thence Nowt D°20'Oi"East coincident with the west kip of said SE 114 ofSection 6, a distance of 50.01 Beet w the
southwest comer of sai[1 IJMevon Pm~k Subdivision Na.1;
Thence contimsing Nortb 4°24'41" East coincident with the worst line of said Devon Park Subdivision No. I, a
tiisrance of 656.12 ~ to ~ nortieast cxyrna of said 17avon Park Subdivision No. 2;
Thence 3caz#h ~k@°Ik4'flfl" East ax~incidetrt with the taanfi[ trine of said Devon Park Subdivision No. I, a distsaoa of
666.40 fief to the northeast corner of said Devon Park Subdivision No. 1;
'Thence Soufl~ 4°23'2?" WesE, coincident wkh tine easterly baRUidary of said l~von Park Sebdivisiots No. 1, a
distance of 176.77 feet;
Thence South 84°45'22"East, 133.42 feet b Bic easterly rigi~t-of-way line of Ee9t Carol Street, sari tree be,~nning of
a eon-tangent cue;
Thence 73.53 feet along the m c of ~iei em^ve to the rigkrt, aad coi~id~t with said F~ Caml Street right-of-wap,
with a centre] angle of 64'°!1`43", a zactius of?4.40 feet subtended by a chord bearing Soh 35°34'Sl" West,. 74.19
feet to the POIfK'1" O)R BEGINNING;
Thence SoaW 4°44'44" 'i'~est, 25.08 f
Thence North 40°00'40" West,12.04 feetr
Thence Nor1fi 4°44'40" East, 24.48 feet to said East Carol Street right~ot~way, and the beginuiag of a non-tam
C11rVe;
Thence 12.70 along t1t0 arc Of satd curve to the left, and caincirknt with sand East Carol Street rsgbt-of-way, wrt>i
a cemral angle of 10°23'35", a radius of 74.44 feet subroended by a chord bearing North ? i °48' 12" East, 12.68 feet
to the POINT OF BEGI'N1~IIPTG.
Containin4g 274 square fat, tsxue or less,. and subject to atry easemeatts ar rights-of~ay of record. or
existing.
P:lTamwari~ugll)oron 1J941 PsdseES~Stn'veY~8ablWaxer F.aamt~ I.egat 62t~-Orf.DOC
RGHJcp
Treasure Yaliey gsakineers, Inc,
i 244 6~' St. id.
~IantTa; !debt; $3fiR?
Office: (248) d53-13345
k:s1.Y: (24$; X53-434i
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E~IBIT B
A CATER EASEMENT LOCATED IN LOT 4, BLOCK 3, OF
DEVON FARK SUBDIVISION I'10. 1
CITY OF MERIDIAN ADS. COUNTY, IDAHO
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DEVON PARK SUB. NO 1 0
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PROJECT: OWNERi DEVELOPER: ~
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EXHIE3lT M AP FOR TAMURA & ASSOC. 1~!
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LOT 4, BLOCK 3 r
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DEVON PARK SUB. NO. 1 DATE:
6/28/07 ' r E?F i
CURVE RAl7ltJS ARC LENGTH CHORQ tEIJGTN CHARD BEARING L}EtTA ANGtE
Ct 70: Q0' 7.3 53' 70..19' N35 50 51 E 6Q71'Q3'"
C2 74.06' 12.70' 12.68' N7t b812 E 103'35"
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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 ACHD:
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.
i
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 Budget 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.