Water Main Easement with Monterey, LLC for Hastings SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i
BOISE IDAHO 01/19/07 01.32 PM
DEPUTY Lisa Irby II I I I II II'III I II'I I ~ II' I I I II I ~I I II'll
RECORDED-REQUEST OF i ~~ 102 14
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~. day of , 20~between Monterey LLC. ,
the parties of the first part, and hereinafter cal ed 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 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 hastings_commercial.doc
_ page 0 1__11
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 )
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County of Ada )
On this ~ '~ day of
20~~; before me the undersigned, a Notary Public in
and for said State, personally appeared '~ ~~~ C _~,~''~'~~ 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 year
fist above written.
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GRANTEE: CITY OF MERIDIAN
Tammy de W erd, ayor
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Attest by William G. Berg,
Approved By City Council On:
STATE OF IDAHO,
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County of Ada
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On this 'l `~ day of ~ ~~~~ti 1~ , 20~'' 1, 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 EASMT WTR
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Engineering North west, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556
Project No. 07-014-01
HASTINGS COMMERCIAL
WATER EASEMENT DESCRIPTIONS
Easement No. l
Date: June 19, 2007
An easement located in Lots 1 and 2, Block 1 of Hastings Subdivision No. 1, as same is
shown on the Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records,
located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of said
T. 4 N., R. 1 W.;
Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections
23 and 26;
Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest
corner of Lot 1, Block 1 of said Hastings Subdivision No. 1;
Thence South 45°07'51" East, 116.98 feet to the REAL POINT OF BEGINNING;
Thence South 89°38'20" East, 24.58 feet;
Thence South 00°21'40" West, 25.56 feet;
Thence North 89°38'20" West, 24.58 feet;
Thence North 00°21'40" East, 25.56 feet to the real point of beginning.
Easement No. 2
An easement located in Lot 3, Block 1 of Hastings Subdivision No. 1, as same is shown
on the Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records, located
in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of said
T. 4 N., R. 1 W.;
Hastings Commercial Water Easement Desc.doc Page 1 of 3
Page.,
Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections
23 and 26;
Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest
corner of Lot 1, Block 1 of said Hastings Subdivision No. 1;
Thence South 89°38'20" East, 220.00 feet to the northeast corner of Lot 3, Block 1 of
said Hastings Subdivision No. 2;
Thence South 33°05'20" West, 143.35 feet to the REAL POINT OF BEGINNING;
Thence South 89°38'20" East, 26.44 feet;
Thence South 00°21'40" West, 25.56 feet;
Thence North 89°38'20" West, 26.44 feet;
Thence North 00°21'40" East, 25.56 feet to the real point of beginning.
Easement No. 3
An easement located in Lot 7, Block 1 of Hastings Subdivision No. 2, as same is shown
on the Plat thereof recorded in Book 97 of Plats at Page 12284 of Ada County Records, located
in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of said
T. 4 N., R. 1 W.;
Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections
23 and 26;
Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest
corner of Lot 1, Block 1 of Hastings Subdivision No. 1;
Thence South 89°38'20" East, 440.00 feet to the northeast corner of Lot 7, Block 1 of
said Hastings Subdivision No. 2;
Thence South 52°52'43" West, 108.46 feet to the REAL POINT OF BEGINNING;
Thence South 00°21'40" West, 24.47 feet;
Thence North 89°38'20" West, 26.43 feet;
Hastings Commercial Water Easement Desc.doc Page 2 of 3
Page.____.A n
Thence North 00°21'40" East, 24.47 feet;
Thence South 89°38'20" East, 26.43 feet to the real point of beginning.
PREPARED BY:
Engineering Northwest, LLC
James R Washburn, PLS
Hastings Commercial Water Easement Desc.doc Page 3 of 3
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Meridian City Council
July 3, 2007
Page 3 of 28
De Weerd: I'd like to kind of interrupt
introductions. I would like to first start with
my office, Robert Simison. If you will stand
should be seeing a lot of him. And, then, c
well.
he agenda for a moment for some staff
introducing our new Executive Assistant in
up. Robert just started yesterday. So, you
ur Director Canning has an introduction as
Canning: Madam Mayor, Members of the Council, I'd like to introduce to you Will
Thornton and he has joined us as an Associate City Planner and he will be working on
the design guidelines and just think that Will is going to be a great addition to us. He
comes to us from an architecture firm. We better not mention who he was supposed to
be working for, we might get in trouble. So, we are happy to have him aboard. And he
actually started a week ago Monday.
De Weerd: Well, welcome. We appreciate you joining us and certainly it's been a long
awaited addition to the planning department having an eye to design. So, thank you for
joining us.
Item 5: Consent Agenda:
A. Approve Minutes of June 19, 2007 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Denial: RZ 07-
008 Request for a Rezone of approximately 4 acres from a C-N
zone to a C-C zone for Lots 1 - 5, Block 1 of the Corner at
Vineyards Subdivision for Cherry Wood Village by Richard Brown
and Roy Brown -Southwest Corner of Cherry Lane and Linder
Road:
C. Findings of Fact and Conclusions of Law for Denial: CUP 07-
007 Request for a Conditional Use Permit to allow retail sale and
service of motor scooters within the C-C zoning district on Lot 3,
Block 1, of the Corner at Vineyards Subdivision for Cherry Wood
Village by Richard Brown and Roy Brown -Southwest Corner of
Cherry Lane and Linder Road:
D. Water Main Easement Agreement for Hastings Subdivision by
Monterey, LLC:
E. Water Facilities Easement Agreement for Pinebridge Office
Building by DMB Management, LLC:
F. Amended Resolution No. 07-562 A Amended To
Correct Exhibit A for Public Works Rate Change:
G. Tabled from June 5, 2007: Resolution No. --- Adoption
of Records Retention Schedule:
Meridian City Council
July 3, 2007
Page 4 of 28
H. Interagency Agreement with Ada County Highway District for
Transfer of Subdivision Record Drawings:
I. Permanent and Temporary Easement Relinquishment for
Janicek Properties, LLC:
J. Agreement with the Joint School District No. 2 for School
Resource Officer between the Meridian Police Department and
Meridian School District:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda Item G has been asked to be tabled to August 14th and
that's the only change from the published Consent Agenda and I move we approve the
Consent Agenda as noted and for the Mayor to sign and Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as noted. If
there is no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
De Weerd: Thank.you, Mr. Berg. There are no items under department reports.
Item 7: Items Moved from Consent Agenda:
De Weerd: No Items moved from the Consent Agenda.
Item 8: Request to withdraw application for LDS Rezone RZ 07-004 by Bob
Niblett of Niblett and Associates Architects:
De Weerd: So, I will move to Item 8 with a request to withdraw application. Anna.
Canning: Madam Mayor, Members of the Council, I didn't prepare anything for this.
You have received a letter just requesting that you withdraw the application. We