Water Main Easement with Pleasant Valley Limited Partnership for Pleasant Valley OfficeMike Ford -Yanke-E1-Water Main Easement.doc Page 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 05121107 09:57 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIII'I'III~IIIII'IIIIII'll' II III
Ciry of Meridian 107071996
WATER MAIN EASEMENT
THIS INDENTURE, made thi~Srt~ day of ~g ('t;'t L , 2007 between Pleasant Valley Limited
Partnership, an Idaho limited partnership, the parties of the first part, and hereinafter called the Grantor,
and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
Grantee;
WITNESSETH:
WHEREAS, the Grantor 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 Grantor, and other
good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee
the right-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.
TI' 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 GRANTOR 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 GRANTOR 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
Water Main Easement Yanke-El-Water Main
Easement
Mike Ford Yanke E1 Water Main Easement doc Page 2
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.
THE GRANTOR 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:
PLEASANT VALLEY LIMITED PARTNERSHIP
,. ) . - . -.~=~i.. ~ ~~ -~ l ~ ~,-~.~-~~
Linda L. Yanke, General Partner
STATE OF IDAHO
ss
County of Ada )
On this ~_ day of ~ ~ , 2007, before me, the undersigned, a Notary Public
in and for said State, personal y appeared LINDA L. YANKE, known or identified to me to be
the General Partner of the limited partnership that executed the within instrument, and
acknowledged to me that such limited partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year fist above written.
~~A COti ~~_""~ ~,0~~'~ll~l o
NOTARY P~~LIC FOR IDAH
~d~~j. ` Residing at l(Vit~1l ~
~-~..~ Commission Expires: (~ • ~ (- iZ
puBLt;G
t!-~%
~•• O -..
:,~ ~9 T. •. ~~k
~..FQF1D_~
Water Main Easement
Easement
Yanke-El-Water Main
~s2pt~.
Mike Ford -Yanke-E1-Water Main Easement.doc Page 3
GRANTEE: CITY OF MERIDIAN \\\\\`~~~~~~~i'si~r;~;1J~ /sr~s//
C3~~ °4,~, ';
_~ ~~
O
Tammy de We ayor
_ ~ u~L
/, ~~ 7
Attest by William G. Berg, City Jerk %~Q„~ t3 ~~` ~~`
Approved By City Council On: 0 /j~~ r - ~i `,~~>V`°\`\``\
~" _ _ I 1
STATE OF IDAHO,
County of Ada
ss.
,;.~,..
On this day of f ((1~,c ~ , 20~1,~ before me, the undersigned, a Notary Public in and for said
State, personally appeared TAMMY 1:7E 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.
(SEAL)
NOTARY PUBLIC FOR IDAHO
• i'
Residing at: % ~~~".. /_ G~ ~ ~ ~- ~~ ~
Commission Expires: /~ ~-l ,S`- / /
Water Main Easement Yanke-El-Water Main
Easement
Mike Ford - Yanke-Water-Ease-Exh-042407.pdf Page 1
-- TEALEY'S LAND 197 E. 50th Street • Garden City, Idaho 83714
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project No.: 3137
Date: April 24, 2007
EXHIBIT "A"
DESCRIPTION OF
MERIDIAN WATER LINE EASEMENT
FOR
PLEASANT VALLEY, LP
A parcel of land being a portion of Lots 6 and 7 of Block 2 of Gemtone Center No. 2 as
on file in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder for Ada County,
Idaho, said parcel being situated in the NE 1/4 of Section 8, T.3N., R.1E., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
$EGINNING at an iron pin marking the Southwest comer of said Lot 6; thence along the
West line of said Lot 6
North 00°01'4$" East 20.00 feet a point; thence leaving said West line
South 89°35'15" East 30.00 feet to a point; thence
-South 00°01'48" West 20.00 feet to a point on the South line of said Lot 6; thence along
said South ine ,
North 89°35'15" West 5.00 feet to a point; thence leaving said South line
South 00°01'48" West 25.00 feet to a point; thence
' North 89°35'15" West 25.00 feet to a point on the West line of said Lot 7; thence along
said West line of said Lot 7
North 00°01'48" East 25.00 feet to the POINT OF BEGINNING.
Said Parcel Contains 1,225 Square Feet, more or less.
' 3137-water-ease-dese.doc - dnm
Mike Ford - Yanke-Water-Ease-Exh-042407.pdf Page 2
N.
,]L
~~
0 IS 30 60
SCALE IN FEET
I" = 3
w 0' i
:.~ ` I
WI
>'
a
)
}
0
Y I
v
I l
z
I
~. '~~ I
SW CORNER LOT 6 AND NW
CORNER LOT 7, BLOCK 2 `
I
!.
00-IJ-W 16:50:10
EXHIBIT "B"
MERIDIAN WATER LINE EASEMENT
EXHIBIT FOR
PLEASANT VALLEY, LP
LOTS 6 & 7, BLOCK 2,
GEMTONE CENTER No. 2
THE NE I/4, SECT. 8
T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
/%~ - I+
I
I
;I
,I
I
~• s
~o -
°o°
ao
O N
O
w
~o
25.00'
ev _ _ EP- S 89.35.6' E 257.0'
LOT 6
io '
ac
' N
O
N ..
3
m N 89'35'15' W
e o 5.00'
_o
ONE EP
.~. N
~~~ ~
N 89.35'6' W 25687'
,: I LOT 7
I
DEVELOPER/OWNER:
PLEASANT VALLEY L.P.
I c/o MIKE FORD
I PO BOX 5405
I BOISE, ID 83705
(208) 859-7178
(208) 338-2215 CFAX)
City of Meridian, Public Works
Engineering
/nfer0l9Fice Memo
Tae Tara Green
Friorr,r Kane Glenn
CG
Dabee 5/21 /2007
Res Original / Reoorcied Dots for Vault
107071996 5/21 /2007 WATER
RECEIVED
MAY 1 g 2pp7
City Uf]Vleridian
City Clerk Office
Pleasant Valley Pleasant Valley
LTP Office easement
From the desk of...
Kane A Glenn
Dept. Specialist Supervisor
PubAc Warp: En~eera~g Division
660 E Watertowrer Ste 200
AAeric~an, Idaho 83642 2800
(ZOS) 896.5600
Fax: (208) 898-9561
• Page 1
Meridian City Council
May 8, 2007
Page 4 of 18
Item 6: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 06-
065 Request for Annexation and Zoning of 22.30 acres from R1 to
a C-G zone for Ahlquist Annexation by Ahlquist Development,
LLC -Southeast Corner of the intersection of Eagle Road and
Franklin Road:
B. Findings of Fact and Conclusions of Law for Approval: PP 07-
007 Request for Preliminary Plat approval of 11 commercial lots on
19.30 acres in the proposed C-G zone for Gardner-Ahlquist
Gateway Subdivision by Ahlquist Development, LLC -Southeast
Corner of the intersection of Eagle Road and Franklin Road:
C. Findings of Fact and Conclusions of Law for Approval: VAR
. 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing
approach to Eagle Road (SH 55) to remain as part of the
intensification and change in use proposed for the property for
Gardner-Ahlquist Gateway by Gardner-Ahlquist Development,
LLC -Southeast Corner of the intersection of Eagle Road and
Franklin Road:
D.
Appropriate Clothing
Procurement:
Resolution No. 07-558
Operating Policy and
Procedure Manual Regarding
Attire for Work Purposes, and
E. Resolution No. 07-559 Amendment to the Standard
Operating Policy and Procedure Manual Regarding Electronic
Mail:
F. Resolution No. 07-560 Amendment to the Standard
Operating Policy and Procedure Manual Regarding On-Call /
Call Out Duties and Compensation:
G: Approve Water Main Easement Agreement for Pleasant Valley
Office by Pleasant Valley, LTP:
H. Approve Memorandum of Understanding with DMHR
Development, LLC - Gemtone No. 5 Irrigation Reimbursement
for $17,900.50:
Amendment to the Standard
I. Approve Licen_s_e Agreement with Nampa & Meridian Irrigation
District fora 10 inch Water Main under the Nine Mile Drain
within the Taylor Subdivision:
Meridian City Council
May 8, 2007
Page 5 of 18
De Weerd: Okay. Item 6, our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which Item D is 07-561, Item E is 07-
559 and Item F is 07-560, resolution numbers, and with that I move we approve it and
for the Mayor to sign and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
stated. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were not items moved from the Consent Agenda.
Item 8: Public Hearing: Proposed Issuance by the Colorado Educational and
Cultural Facilities Authority of its Adjustable Rate Demand Revenue
Bonds, Series 2007 for Cole Valley Christian Schools Project:
De Weerd: Item 8 is a Public Hearing on the proposed issuance for Cole Valley
Christian School. I will go ahead and open this Public Hearing and ask if there are any
comments from the public. Mr. Berg, do you have a statement on this to read, so that --
this is some bonding and funding that Cole Valley Christian School is pursuing. As part
of that bonding requirement they do have to issue a Public Hearing. The city is offering
this as -- to help them fulfill their requirements and it requires no action, just a Public
Hearing. Mr. Berg.
Berg: Thank you, Madam Mayor. You said it pretty well, but I will just read a bottom
sentence that you will sign it and I will attest to on the document. The City of Meridian
will not bear responsibility for this tax exempt status of the bond, the debt service on the
bonds, or any matter related to the bonds. We are holding a Public Hearing for these
bonds and for the school and for the bondholder and that's all our obligation is. So, we
are just doing it as a service to them and I think all the obligations that they need to
have will be met. And if the attorney has anything else to add he can.
Baird: Madam Mayor, Members of the Council, that says it all. My notes, in
preparation, were just to reemphasize that this is not a pass through like you have done