Water Main Easement with Plum Creek Northwest Lumber, Inc. for City Water LineADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 06/28/07 01:33 PM
DEPUTY Patti Thompson II I I I II �l IIII II I Il I I II I I' II I I III' I'll
RECORDED—REQUEST OF 10709292
City of Meridian
WATER MAIN EASEMENT
THIS INDENTURE, made this g day o , 007 between Plum Creek Northwest Lumber Inc., the
parties of the first part, and hereinafter call he 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 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.
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
effect and shall be completely relinquished.
Water Main Easement EASMT VTR
Page
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:
44eside DON*' MoP,r Vice Pres i da-
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Seere47t�` Suer: L. �,Jc..ral, ftl sine& Secr+e'j
STATE OFVas�
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County of Air )
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On this day ofM aM , 2007, before me, the undersigned, a Notary Public in
and for said State, personally appeared betve, W. and
Shef► L Word , known or identified to me to be the y, ��s respectively, of the
corporation that executed the within instrument, and acknow edged to me thau h corporation
executed the same.
IN WITNESS WHEgQf, I have hereunto set my hand and affixed my official seal the day and year
fist above writte J� p,. Hiltz fill
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(SEAL) r i NOTAH PUBLIC FOR f57tH6—VJ"1-, h
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Water Main Easement P�2
GRANTEE: CITY OF MERIDIAN ` ,,,,,,,,,���l�,',�i/
OF
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Tammy de Weerd, or
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Attest by William G. Berg, ity Jerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
On this D day of 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)
NOTARY PUBLIC FOR IDAHO ,
Residing at: -jtij,� bc- )d
Commission Expires: ( C - / S- t
Water Main Easement EASMT WTR
page-4,1;�—
EXHIBIT A
WATERLINE EASEMENT DESCRIPTION
An easement for waterline purposes located in the SE % of Section 12, Township 3
North, Range 1 West, Boise Meridian, and being a portion of Lot 16, 19, 20, 23 and 24 of
TAYLOR SUBDIVISION as shown in Book 11 of Plats at Page 637, in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a lh inch diameter iron pin marking the southeasterly corner of said Lot
16;
Thence N 0'41'13" E along the easterly boundary of said Lot 16 a distance of 553.19 feet
to the POINT OF BEGINNING;
Thence continuing N 0°41' 13" E a distance of 2.25 feet to a point on the southerly right-
of-way of Bower Street;
Thence leaving said easterly boundary N 89006'04" W along the said southerly right-of-
way a distance of 46.97 feet to a point;
Thence leaving said southerly right-of-way N 1029'04" W a distance of 17.14 feet to a
point;
Thence N 89°50'52" W a distance of 176.86 feet to a point;
Thence S 41 01 I' 16" W a distance of 87.55 feet to a point;
Thence N 87057'34" W a distance of 264.79 feet to a point;
Thence N 55°41'24" W a distance of 342.69 feet to a point;
Thence S 34'l 8'36" W a distance of 20.00 feet to a point;
Thence S 55041'24" E a distance of 348.48 feet to a point;
Thence S 87057'34" E a distance of 52.70 feet to a point;
Thence S 2002'26" W a distance of 6.78 feet to a point;
Thence S 87057'34" E a distance of 20.00 feet to a point;
Thence N 2002'26" E a distance of 6.78 feet to a point;
Thence S 87057'34" E a distance of 192.95 feet to a point;
Page —4 W--'
Easement Description
Page 2
Thence S 0°10'22" W a distance of 18.90 feet to a point;
Thence S 89°4938" E a distance of 20.00 feet to a point;
Thence N 0° 10'22" E a distance of 24.84 feet to a point;
Thence N 41 ° 11' 16" E a distance of 79.46 feet to a point;
Thence S 89°50'52" E a distance of 215.19 feet to the POINT OF BEGINNING.
This easement contains 0.42 acre and is subject to any easements existing or in use.
Prepared by: Brandon Johnson, PLS
Civil Survey Consultants, Incorporated
March 22, 2007
Meridian City Council
June 19, 2007
Page 4 of 57
Plan Amendment by Lynn Thomas — north of East Franklin Road
and east of Meridian Road:
J. Resolution No. 07-568 : Adopting the Amended By -
Laws of the Mayor's Youth Advisory Council:
K. SHP 07-004 Request for Short Plat Approval of 8 residential
condominium units in 2 buildings in an R-15 zone for Ma ower
Place Condominium by Tealey's Land Surveying — 1236, 1254,
and 1278 Northeast 2 Y2 Street:
L. Findings of Fact and Conclusions of Law for Approval: VAR
07-009 Request for a Variance for location of the subdivision
identification sign away from the subdivision entrance for Strada
Bellissima Business Park by Strada Commercial, LLC —
Northwest Corner of South Meridian Road and West Victory Road:
M. Findings of Fact and Conclusions of Law for Approval for R-2
zone: AZ 07-005 Request for Annexation and Zoning of 1.46 acres
from RUT to an R-4 zone for the property located at 1205 West
Overland Road for Pfost Property by Thomas & JoAnn Pfost —
1205 West Overland Road:
N. Findings of Fact and Conclusions of Law for Approval: AZ 07-
004 Request for Annexation and Zoning of 2.48 acres from RUT to
an L -O zone for Locust Grove Professional Office Building by
Ruby/Edwards: Architecture + Design — 1695 South Locust Grove
Road:
O. Findings of Fact and Conclusions of Law for Approval: RZ 07-
005 Request for a Rezone of 9.21 acres from I -L to a C -G zone for
Jabil East Property by the Joint School District No. 2 — 1303 East
Central Drive (Lot 1, Block 1, Jabil Subdivision):
P. Streetlight Agreement for Paramount Subdivision No. 15 by
Paramount Development:
Q. Water Main Easement Agreement for Plum Creek Water Line
by Plum Creek Northwest Lumber:
R. Approve Contract for the North Black Cat Lift Station with JC
Constructors, Inc. for $2,745,000.00:
S. Sanitary Sewer and Water Main Easement Agreement for
Secret Garden by Oliver / Debbie Cleaver:
Meridian City Council
June 19, 2007
Page 5 of 57
T. Water Main Easement Agreement for Lowe's (Overland) by
James Prather:
U. Agreement with EI Dorado Business Partners, LLC for
Vacation of a portion of Easement "G" Water Line and Water
Meter Easement, Recorded as Instrument No. 105127519, on
Lots 18 and 19, Block 1 of Bonito Subdivision No. 3:
V. Approve Bid for Shepherd's Creek Oversized Sewer to Brown
Construction for $50,846.00 and Approve Reimbursement
Agreement between the City of Meridian and Shepherd's
Creek, Inc. for a Total Reimbursement of $34,830.00:
W. Approve Amended Bid for Water and Sewer Improvements in
Conjunction with the Intersection of Meridian and McMillan
Roadway Project for an Amended Bid of $41,202:
X. Addendum to Lease Agreement with Xerox for WWTP:
Y. Change Order No. 5 for Removal and Abatement of
Contaminated Soils with Ideal Demolition:
De Weerd: Okay. Item is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda with the previous listed ordinance
numbers 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. If
there is no discussion, 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. Discussion on Impact Fee Committee Members: