Water Main Easement with Blue Marlin Investments, LLC for Cheerleader Sports BarADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 e
BOISE IDAH01?106f07 01:36 PM III I'II~IIIII'lllll'I'llllll'll'I I ~II `~
DEPUTY Danielle Goulette
RECORDED-REQUEST OF ig7161981
Ciry of Meridian
WATER MAIN EASEMENT
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THIS INDENTURE, made thiso~ day of~. , 2~between ~K sesf'~~s, L~.G ,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, 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 Grantee theright-
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 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 azea 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.doc
PA~et..
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 fast herein above written.
GRANTOR:
D•rai s~~-t7t ~~L~~1.Lt4
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Secretary
STATE OF IDAHO )
ss
County of Add )
On this of , 20_, before me, the undersigned, a Notary Public in
and for said State, perso 1 appeared and
known or idelr 'feed to me to be the President and Secretary, respectively, of the
corporation that executed the withi strument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my h d and affixed my official seal the day and year
fist above written.
(SEAL)
NOTARY PUBLIC FOR
Residing at
Commission Expires:
Water Main Easement EASMT WTR
MAIN.doc
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State of Idaho )
ss.
County of Ada )
On this 10th day of October, 2007, before me, the undersigned, a Notary Public in and for said
State, personally appeared Winston H. Moore, known or identified to me to be a member and
authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me
that he executed the within instrument on behalf of said limited liability company and that said
limited liability company executed the same.
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weer , ayor ~L..r' `~ ~~~
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Attest by William G. Berg, City Clerk .~ ~, °.`~~ ~:'
C./ ~~
Approved By City Council On: ~ ~( ,~
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STATE OF IDAHO,
. ss.
County of Ada
On this oZ~~ day of NOVem.b~ ~ 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 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) ~',~?~~,OTA1p~'~'~~~ NOTARY PUBLIC FOR IDAHO
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Water Main Easement EASMT WTR
MAIN.doc ~~ r
quadrant
Consulting, Inc.
Exhibit A
A twenty foot water main easement over a portion of Lot 11, Block 2 of Centerpointe
Subdivision, Book 97 of Plats at Pages 12330-12331; Ada County Records, located in
the Southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian,
Ada County, Idaho more particularly described as follows:
Commencing at the Southeast corner of said Section 32, from which the quarter corner
common to Section 33 and the said Section 32 bears North 00°30'19" East 2654.28 feet;
thence along the East line of said Section32, North 00°30'19" East, 1208.27 feet;
thence North 90°00'00" West, 24.93 feet to the Northeast corner of said Lot 11; Thence
North 90°00'00" West, 115.70 feet along the Northerly boundary of said Lot 11; Thence
South 00°00'00" East, 2.99 feet to the Point of Beginning;
Thence South 00°00'00" East, 45.18 feet;
Thence North 90°00'00" West, 92.03 feet;
Thence South 00°00'00" East, 51.33 feet;
Thence North 90°00'00" West, 20.00 feet;
Thence North 00°00'00" East, 60.83 feet;
Thence North 90°00'00" West, 2.58 feet to a point on the Easterly boundary of Sewer
and Water main Easement, Instrument number 106070932, Ada County Records;
Thence along said Easterly boundary North 00°00'00" East, 20.00 feet;
Thence leaving said Easterly boundary North 90°00'00" East, 22.58 feet;
Thence South 00°00'00" East, 9.50 feet;
Thence North 90°00'00" East, 63.81 feet;
Thence North 00°00'00" East, 25.18 feet;
Thence North 90°00'00" East, 28.23 feet to the Point of Beginning.
Said Easement contains 4219 square feet more or less.
i 904 W. Overland Boise, ID 83705 Phone 1208) 342-0091 Fax 1208) 342-0092 Email: quadrant~~quadrant.cc
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Meridian City Council
November 20, 2007
Page 3 of 22
Rountree: Second.
De Weerd: I have a motion and a second to approve the revised agenda. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5; Consent Agenda:
A. Approve Minutes of October 16, 2007 City Council Regular
Meeting:
B. Approve Minutes of October 23, 2007 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: SHP
07-007 Request for Short Plat approval for 3 condominium units in
1 building in a C-G zone for Bonito Lot 15 Condominium by Dave
Evans Construction - 2971 East Copper Point Drive:
D. Third Addendum to Development Agreement: MI 07-001
Request for a Miscellaneous application to Modify the existing
Development Agreement to allow all C-N permitted uses on lots 5,
6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar
Springs Professional Center by Lynn Brown - 710, 730, 750 &
790 West Ustick Road:
E. Water Main Easement Agreement for Cheerleaders Sports Bar
& Grill by Blue Marlin Investments:
F. Sanitary Sewer Easement Agreement for Jayker's Subdivision
by Chester Properties, LLC:
G. Sanitary Sewer Easement Agreement for Jayker's Subdivision
by TreeHaven, LLC:
H. Task Order 0726 with Civil Survey Consultants, Inc. for the
Design and Construction of the Meridian Water Division
Facility Phase 2:
I. Task Order No. 4 - Heroes Park Wastewater Reuse
Implementation with HDR Engineering, Inc. for $87,898:
Meridian City Council
November 20, 2007
Page 4 of 22
J. Memorandum Agreement between the City of Meridian and the
International Association of Fire Fighters Local 2311:
K. Water Main Easement Agreement for Teach Investments /
Quick Lube:
L. Approval of Reimbursement Agreement between the City of
Meridian and Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints:
O. License Agreement with Settlers Irrigation District for the
North Black Cat Trunk Sewer:
P. License Agreement with Nampa Meridian Irrigation District for
Bienville Square Subdivision:
Q. Approve Contract for the WWTP UV Third Bank Installation
with Custom Electric, Inc. for $7,521.00:
R. Approve Contract for Task Order 3.0 Stormwater Management
Third Party Inspections with Brown and Caldwell for $30,000:
S. Agreement for Professional Services for 3'd Street Study with
Six Mile Engineering, P.A. and Meridian Development
Corporation:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with these changes as stated
earlier. Item D, while it will stay on the Consent Agenda, let it be noted it is not a Public
Hearing, it is just aConsent -- third consent of it. Item H, not to exceed 14,880 dollars.
Item L is $378,472.41. Item M and N would be -- will be pulled to the regular agenda
and will be 7-M and 7-N. Item S, the amount of money is 37,753 dollars. And Item T
will be pulled to 7-T on the regular agenda. And with that, Mayor, I move we approve
the revised Consent Agenda.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as revised.
If there is no discussion, Mr. Berg, will you, please, call roll.
1
Meridian City Council
November 20, 2007
Page 5 of 22
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Items --
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: Did that motion include the standard words Mayor to sign and Clerk to
attest?
Bird: Yes. The Mayor to sign and the Clerk to attest. And I apologize for that, Mr.
Zaremba, you're right.
De Weerd: Nice catch. Mr. Bird, you have been doing this for years.
Zaremba: Just heard something missing.
Bird: I'm glad he caught me.
Item 6: Department Reports:
A. Parks Department
1. Proposed Name for City Park in Tuscany / Messina
Meadows of Verona Park:
De Weerd: Item 6-A, our parks department. Elroy.
Huff: Madam Mayor and President Borton, Members of the Council, I'm here tonight to
present to you the new name for the -- right now named Messina Neighborhood Park
and just give you a little background. The Mayor asked me to make sure and check
over the last few months and I did with the developer about his interest in naming the
park. He did not take me up on that. He decided he did not want to have anything to do
with the name of that. So, we went another direction and we went to our parks
commission and down to our subcommittee and they went and did the work on gaining
some names for this park and that was -- John Nesmith's on the commission and he
went and met with interim HOA president Steven Yearsly at -- in the Messina Meadows
Sub and Tuscany Sub association I guess, and they decided to do a little naming
contest. They had 21 participants come up with names and when they sorted those
names out in -- they come out with three different names that they would consider for