Water Main Easement with Ronald W. Van Auker, Inc. for TRK 72K AdditionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 04120!07 0320 PM
RECORDED~nREQUEST OF III I'IIII~IIlllllllllllllllll'll l I'll
Meridian City 1 ~~~~~~ 13
WATER MAIN EASEMENT #~ /,
THIS INDENTURE, made this ~ day of'~ 2007 between Ronald W. Van Auker, Inc.,
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 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 and service 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 the right-of--way for an easement for the operation and maintenance 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, 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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the purposes stated herein.
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.
STATE OF IDAHO )
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County of Ada )
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On this ~~ day of ~, 2007, before me, the undersigned, a Notary Public in and
for said State, personally appeared Ronald W. Van Auker, known or identified to me to be
the President, 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 first above written.
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William G. Berg, Jr., City
Approved by Council on
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STATE OF IDAHO, )
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County of Ada, )
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On this day of ~~1~ ,2007, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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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CITY OF MERIDIAN
EXHIBIT "A"
A Water Line Easement over, under and across a portion of the SW1/4 of Section 9,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
Commencing at a brass cap monument marking the southeast corner of said SW 1/4,
thence along the South line of said SW1/4 N90°00'00"W a distance of 918.05 feet to a
point, from which a brass cap monument marking the southwest corner of said SW1/4
bears N90°00'00"W a distance of 1788.12 feet; thence leaving said South line
N00°00'00"E a distance of 80.09 feet to a 5/8 inch rebar marking an angle point in the
North right-of--way line of East Franklin Road and marking the POINT OF BEGINNING;
Thence along said North right-of--way line N90°00'00"W a distance of 20.00 feet to a
point;
Thence leaving said North right-of--way line N00°13'43"W a distance of 218.34 feet to a
point;
Thence N11 ° 17'22"E a distance of 219.45 feet to a point;
Thence N00°03'23"W a distance of 105.19 feet to a point;
Thence S89°08'14"E a distance of 20.00 feet to a point;
Thence S00°03'28"E a distance of 106.85 feet to a point;
Thence S 11 ° 17'22"W a distance of 219.42 feet to a point;
Thence S00° 13'43 "E a distance of 216.40 feet to the POINT OF BEGINNING.
Said easement contains 10,856 square feet or 0.25 acres more or less and is subject to all
existing easements and or rights-of--ways of record or implied.
Attached hereto is "Exhibit B" and by this reference is made a part hereof.
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C066107 72K water easement KNS 02 02 07.doc
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EXHIBIT "B"
WATER LINE EASEMENT
A PORTION OF THE S~P1/4 OF SECTION 9
TO~PIVSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2007
UNION PACIFIC R.R.
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-- -- -- -- -- 7
S89'08' 14"E I
LEGEND 20.00'
- - - - BOUNDARY LINE
LOT LINE
~ EASEMENT LINE I
- SECTION LINE N00°03'23"W S00'03'28"E I
•••••°•••••••••••••• TIE LINE 105.19' I I~ 106.85'
~ Op FOUND 5/8" REBAR
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FOUND BRASS CAP I
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8 9 ~_ 1788_12' _ _ o _ _ .918.05' 9
17 16 N90'00'00"W 2706.17' 16
~ EAST FRANKLIN RD. 1 /4 COR.
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DRAWN BY:
~WS VAN AUKER 72K BUILDING ADDITION PINNACLE
SCALE:
WATER LINE EASEMENT Engineers, Inc.
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Meridian City Council
April 10, 2007
Page 3 of 73
F. Approve Streetlight Agreement for Paramount Subdivision No.
1 by Paramount Development, Inc.:
G. Approve Streetlight Agreement for Paramount Subdivision No.
3 by Paramount Development, Inc.:
H. Approve Beer, Wine and Liquor License Renewals:
Round Table Pizza
Wingers An American Diner
Harks Corner
Jack in the Box Quick Stuff
Top Shelf
Muggsy's
Fred Meyer #198
Blue Ribbon Artisans Bistro
Louie's Pizza & Italian Restaurant
Whitewater Pizza & Pasta
Walmart Supercenter #2862
Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102
3665 E. Overland Road
I. Agreement for Professional Services with DC Engineering for
Design and Coordination of Installation of Weather Station #2
and SCADA integration:
J. Approve Sanitary Sewer and Water Main Easement for TRK
72K Addition by Ron W. Van Auker, Inc.:
K. Approve Water Main Easement No. 1 for TRK 72K Addition by
Ron W. Van Auker, Inc.:
L. Approve Water Main Easement No. 2 for TRK 72K Addition by
Ron W. Van Auker, Inc.:
M. Approve Change Order No. 3 for JC Constructors for WWTP
Expansion Project for $232,220.53:
N. Approve Change Order No. 1 for the Water Division Building
Project with Ira-Mac for $105,074.00:
De Weerd: Item 5, Consent Agenda. Mr. Bird.
Bird: Madam Mayor, I move we approve the Consent Agenda as published, with the
exception of Item O and Item P being moved to the regular agenda as 7-O and 7-P and
for the Mayor to sign and the Clerk to attest on all papers.
Meridian City Council
April 10, 2007
Page 4 of 73
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with
the removal of the two items O and P. If there is no discussion, Mr. Berg, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Parks Department
1. Discussion of Tully Skate Park Rule Change:
De Weerd: Okay. Item No. 6 under Department Reports. We will start tonight's reports
with Doug Strong with the Parks Department.
Strong: Thank you, Madam Mayor, Members of the Council. I'm here tonight to request
that the Council approve my recommendation to change the Tully skate park rules to
allow bicycles to use the skate park. There has been much discussion of this proposal
over the last several months and the work of the Mayor's Youth Council regarding this
issue is to be particularly noted in their assistance in helping us review the rules and
what goes on at the park. Enforcement of existing rules not to allow bicycles has placed
an unreasonable burden on department staff, police department officers, with no
change in use patterns. The most reasonable solution seems to be for this issue to
allow bicycles on the skate park as that has been the use of the facility in spite of the
rule. All other posted rules would still apply to all users of the facility. This proposal is
supported by the parks and recreation commission at their March meeting, the Mayor's
Youth Council, the Meridian Police Department, and by department staff. So, I'm,
therefore, requesting Council approval to make the rule change and would be happy to
answer any questions.
De Weerd: Okay. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor'?
De Weerd: Mr. Rountree.
Rountree: Doug, has there been any real conflicts to date?