Water Main Easement with Wendel, Michael C. for Country Inn and Suites
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 04105!01 01:38 PM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III IIIIIIIIII'llll'IIIIIIIIIII~I)
City of Meridian 107f~~8183
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ Z day of ~=C~'~ 200 ~ between I.~~c.,hg~ C 1~rr.~-c~~. the 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 mainright-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 frown 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 c~lacetne<rt at
the convenience of the Grantee, with the free right of access to such facilities at arty 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.
TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or malting subsequent connection to the
water line, Grantcc shall restore the area of the casement 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 Grarrtee that should any part oftheright-of-way
and easement hereby granted shall become part of, or lie within the boundaries of any public street, then,
~ such extent, suchright-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:
President
Secretary
STATE OF IDAHO
) ss
County of Ada .)
On this l 4 day of ~ !~~ , 20~, before me, the undersigned, a Notary Public in and
for said State, personally appeared M ~'C~'k~ ~ b1~-f~~~ and
known or identified to me to be the President and Secretary, respectively, ofthe 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.
(SEAL)
KIMBERLY ANN THYEN NIES
NOTARY PUBLIC-MINNEBflTA
My Comm. Exp. Jan. 31, 2012
Water Main Easement
NOTARY PUBLIC I
Residing at ~-~. "
Commission Expires:
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Attest by William G. Berg, Clerk ~'
Approved By City Council On: ~
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STATE OF IDAHO,
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Counts of Ada ) cfD-e, ~Y~~
(~ ,,, ~ ~ On this O ~ day of , 20 before me, the undersigned, a Notary
~Wre~ o~l~ Public in and for said State, personally appeared and WILLIAM G. BERG, JR.,
known to me to be the and City Clerk, respectively, of the City of Meridian,ldaho, and executed
the within instrument, and acknowledged to me that the Ciry 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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(SEAL)
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NOTARY PUBLIC FOR IDAHO
Residing at: ~'~ G a ~~
Commission Expires: /O -/S- //
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THE 7.<'~NI) URL3LIP, ttiC.
March 7, 2007
Country Inn & Suites
Water Line Easement
7,151 Square Feet
EXHIBIT "A"
An easement for the purpose of construction, access, and maintenance of water facilities
situated in a portion of Lot 2, Block 1 of Porky Park Subdivision No. 1 as filed in Book
94 of Pages 11499-11501, records of Ada County, situated in a portion of the North One
Half of the Southwest One Quarter of Section 9, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at the West One Quarter Corner of said Section 9 and a point on the
centerline of East Pine Street, thence following the northerly line of said Southwest One
Quarter and said centerline, North 89°10'47" East a distance of 307.80 feet to a point,
which bears South 89° 10'47" West a distance of 2,367.45 from the Center One Quarter
Corner of said Section 9;
Thence leaving said northerly line and said centerline, South 00°49'13" East a distance of
50.00 feet to a 5/8-inch steel pin on the southerly right-of--way of East Pine Street;
Thence following the said southerlyright-of--way, North 89°10'47" East a distance of
168.75 feet to the POINT OF BEGINNIl~iG.
Thence following the said southerly right-of--way, North 89°10'47" East a distance
of 20.00 feet to a point;
Thence leaving the said southerly right-of--way, South 00°00'00" West a distance of
148.75 feet to a point;
Thence North 90°00'00" East a distance of 39.90 feet to a point;
Thence South 00°00'00" East a distance of 28.57 feet to a point;
Thence South 90°00'00" West a distance of 20.00 feet to a point;
Thence North 00°00'00" East a distance of 8.57 feet to a point;
Thence South 90°00'00" West a distance of 13.00 feet to a point;
Thence South 00°00'00" East a distance of 10.08 feet to a point;
Thence South 90°00'00" West a distance of 20.00 feet to a point;
Thence North 00°00'00" East a distance of 10.08 feet to a point;
Thence South 90°00'00" West a distance of 108.30 feet to a point;
Thence South 00°00'00" East a distance of 9.02 feet to a point;
Thence South 90°00'00" West a distance of 20.00 feet to a point;
Thence North 00°00'00" East a distance of 29.02 feet to a point;
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March 7, 2007
Page 2 of 2
Thence North 90°00'00" East a distance of 121.40 feet to a point;
Thence North 00°00'00" East a distance of 148.46 feet to the
POINT OF BEGINNING.
The above-described easement contains 7,151 square feet, more or less, subject to all
existing easements and rights-of--way.
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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;^~ Ef_ _,3 P1. ~, ~i ., '~• d .f_, 1G£t}.i3 55.5~s~f k ~7 ~( }~.C~~ l~41321 ,'.E ~ ~.) ~s 'ii i,-.r,?~.~,: .1ti 4~PU1, ?11?~.. i:V1'i 1 ~,
LOCATED N A PORTION OF LOT 2, BLOCK 1 OF PORKY PARK SUBDNSION No. 1,
LOCATED N THE N 1/2 OF Ti•~ SW 1/4 OF SECTION 9,
T3N., R1E, BM, MERIDIAN, ADA OOUNTY, DAHO
W 1/4 SECTION 9 C 1/4 SECTION 9
• •N89'10'47"E 2675.25'. • 1
• ~, E. PINE STREET- - ~~
307.80'W 2367.45'
oI~ •N89'10'47"E 275.03'• .
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- N90'00'00"E 121.40' - ~ I ~ L1
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"'~~ S90'00'00"W 108.30' ~~`_, ~"~
L10 L7 L3
LINE TABLE
LINE LENGTH BEARING
L1 39.90' N90ro0'00"E
L2 28.57' S00'00'00"E
L3 20.00' S90ro0'00"W
L4 8.57' NOOroO'00"E
L5 13.00' S90ro0'00"W
L6 10.08' SOOroO'00"E
L7 20.00' ssoroo'oo"w
L8 10.08' NOOroO'00"E
Ls s.o2' sooroo'oo"E
L10 20.00' S90ro0'00"W
L11 29.02' NOOroO'00"E
Legend
® CALCULATED CORNER
o FOUND 1/2"-STEEL PIN
• FOUND 5/8"-STEEL PIN
FOUND BRASS CAP
BOUNDARY LINE
- - - - - - -WATER MAIN ESMNT
- - - ~- WATER MAIN
- ROAD CENTERLINE
N87'S4'44"W 218.
S43'26'57"W
12.13'
S88'20'52"W
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~ ENGINEER/SURVEYOR I PROJECT INFORMATION I SCALE:1"=60' ~
~~ /~~~ THE LAND GROUP, INC. EXhlblt ~~B~~ 03/07/07
~~
..~ ~I ~~~ -Landscape Architecture
-Civil Engineering
Water Line Easement
PROJECT No. os129
~
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-Site PCanning
-Golf Course Jrrigation d' Engineering
-Graphic Communication
-Land Surveying
~ Phone ~20BJe9 9-404feFaz (20L+f 939-4445 ~
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Country Inn & Suites
City of Meridian
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Meridian City Council
March 20, 2007
Page 3 of 28
C. Findings of Fact and Conclusions of Law and Order for
Approval: AZ 06-057 Request for Annexation and Zoning of 9.91
acres from RUT to an R-15 zone for Jericho Subdivision by
Heron River Development, LLC - 6055 & 6185 N. Jericho Road:
D. Findings of Fact and Conclusions of Law and Order for
Approval: PP 06-056 Request for Preliminary Plat approval of 73
residential units and 10 common lots on 9.52 acres in a proposed
R-15 zone for Jericho Subdivision by Heron River Development,
LLC - 6055 & 6185 N. Jericho Road:
E. Findings of Fact and Conclusions of Law and Order for
Approval: VAR 07-003 Request for a Variance to UDC 11-36-
7C2 to count 15 feet of existing right-of-way for Eagle Road
towards the landscape street buffer in the C-G zone, for Centre
Pointe North Subdivision by W.H. Moore, Co. -northwest corner
of Eagle Road and Ustick Road:
F. SHP 07-002 Request for Short Plat approval to create 4 building
lots out of 1 existing lot on 11.07 acres in a C-G zone for
SmitchQer Subdivision by Brighton Properties, LLC -East of N.
Eagle Road, North of E. Ustick Road:
G. Resolution No. 07-549 VAC 07-003 Request for a
Vacation of the 10 foot wide property drainage and utility easement
located on portions of Lots 5 and 6, Block 5, Gemtone Center #5 for
Gemtone Center Subdivision #5 by DMB Investments, LLC -
2589 and 2547 E. State Avenue:
H. Approve New Beer and Liquor Licenses for Victoria Wohler
dba JB's Restaurant at 1565 S. Meridian Road:
I. Approve Agreement for Independent Contractor Services for
Settlers Park Splash Pad Equipment Installation with Haemker
Construction, Inc. for $183,340:
J. Approve Task Order 2.2 for Chemically Enhanced Primary
Treatment with CH2M HILL for $19,479:
K. Approve Amendment to add MWH Americas, Inc. to the Roster
of Qualified Consultants for Engineering Services for Water,
Wastewater and Miscellaneous Public Works Projects
approved December 12, 2006:
L. Approve Water Main Easement for Country Inn & Suites by
Michael C. Wendel:
i
Meridian City Council
March 20, 2007
Page 4 of 28
M. Approve Public Utilities, Irrigation & Drainage Easement for
Dever Development, LLC for Lots 3 and 4 Block 1, Silverleaf
Subdivision:
N. Approve Purchase Order for Materials Testing and Inspection
for Oversight and Testing of Environmental Cleanup for New
City Hall Project for $20,080.00:
Borton: Item No. 5. Consent Agenda.
Zaremba: Mr. President, I move we accept the Consent Agenda with the note that the
resolution number for G is 07-549.
Rountree: Second.
Borton: It's been moved and seconded to adopt the Consent Agenda as published.
Mr. Berg.
Bird: Question.
Borton: Oh.
Bird: Did the motion included the president sign and the clerk to attest on all papers?
Zaremba: I'm sorry, I forgot that part. And, yes, would the president sign and the clerk
to attest on all papers.
Rountree: Second agrees.
Borton: It's been moved and seconded to approve the Consent Agenda as published.
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. Mayor's Office:
1. Appointment of Planning and Zoning Commissioner:
Borton: Thank you. Item No. 6 is a department report, which we are going to continue
at least to the end of the agenda, until that department is present.