Water Main Easement with Karcher Crossing, LLC for Lowe's (Overland)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i
BOISE IDAH010125107 01:39 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIII'IIII'IIIIIII'11
RECORDED-REQUEST OF 17145937
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this~~_ aaY o~,~~ 2((~between KARCHER CROSSING LLC,
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 underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect said pipelines
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 and 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 main
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 main, Grantee shall restore the area of the easement and adjacent
property to that existent prior to undertaking such construction, repairs and maintenance.
However, the 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.
Water Main Easement Page 1
Page ~._._
THE GRANTORS do 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.
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 hereinabove written.
GRANTOR: KARCHER CROSSING LLC
an Idaho Limited Liability Company
B :Smith Brighton, LLC, Member
By:
David W. Turnbull, ember
STATE OF IDAHO
ss
County of Ada )
On this ~~ ~~day of , 20 /_~, before me, the undersigned, a Notary Public
in and for said State, persona ly appeared David W. Turnbull, known or identified to me to be the
Member of Smith Brighton, LLC, a member of KARCHER CROSSING LLC, the limited liability
company that executed the within instrument, and acknowledged to me that such limited liability
company executed the same. ~
IN WITNESS WHEREOF, I have hereunto set my
fist above written.
=,~~, ~'fpRY
' :~
- ..
•,~~~TA T E OF ~*~~•
N
affixed my official seal the day and year
-- /'
PUBLIC
Residing at:_
Commission
Water Main Easement P~@~~
GRANTEE: CITY OF MERIDIAN
`~ ` 4S +
By: ,
T mmy de Weerd, or ~.*'~ ~ r~~~;_ 'v '' :,
t~ -_
Attest by William G. Berg, Ci Clerk ~ °` ~ ~,
~ ~~'
APPROVED BY CITY COUNCIL ON ~ ~ ' ~ ~
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~~~~~~~~ii~~ n~~~~~~~~
STATE OF IDAHO )
ss
County of Ada )
c
On this ~'~ day of ~'C~ c ~~~ , 20 ~~1 ,before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD, and WILLIAM G. BERG, JR.,
known or identified 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
fist above written. ''J
•• p~ ~~. NOTARY PUBLIC FOR IDAHO
•~~~~ ~ ° ~` Residing at: ~ ~ ~ ~ ~ G~~ ct , -~;~c.~
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~ Commission Expires:
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Water Main Easement Page 3
Pa~~~
JUN
9 ~ ~7AM
MASON & ASSOCIATES
N0.860
P.5
~ ~ ~ ~ Professional Engineers, Land Surveyors and Planners
5~~1~~
314 Badiola St. Caldwell, ID 83605
Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dhoizhcvlc~msen~~
FOR: JY1306
708 NO.: Brighton Corp.
DATE: 11~iay 7, 2007
EXHIBIT "A"
WATER LINE EASEMENT
An easement of land being a portion of the NE1/4 NE1/4 of Section 24, Township 3 North, Range
1 West, Boise Meridian, Ada Couat~- Idaho, more particularly described as follows:
Commencing at the northeast corner of said NE1/4 NEl/4, monumented with a 3-inch brass disk;
Thence N. 89° 47' 20" W., a distance of 525.00 feet along the north boundary of said NE1/4 NE1/4
to a point;
Thence S. 00° 37' 11" W., a distance of 59.87 feet to a point on the southerly right-of-way of W.
Overland Road;
Thence N. 88° 43' 41" 'W., a distance of 32,86 feet along said southerly right-of--way to the riOXNT
OF BEGINNING;
Thence S 00° 37' 11" W a distance of 280.10 feet to a point;
Thence S 89° 47' 20" E a distnnee bf 8.80 feet to a point;
Thence S 00° 37' 11" W a distance of 20.00 feet to a point;
Thence N 89° 47' 20'' W a distance of 8,$0 feet to a point;
Thence S 00° 37' 11" W a distance of 159.74 feet to a point;
Thence S 89° 22' 44" E a distance of 20.76 feet to a point;
Thence S 00° 37' 11" W a distance of 20.00 feet to a point;
Thence N 89° 22' 49" W a distance of 20.76 feet to a point;
Thence S 00° 37' 11" W a distance of 204.01 feet to a point;
Thence N 89° 22' 49" W a distance of 20.00 feet to a point;
H'rASQN & STMfrlEY,D, INC.
+S'We~1'~, ~NGJNF.$RT ~ PJ.lNNER4
Page l oi3
r-
9~~7AM
MASON & ASSOCIATES
Thence N 00° 37' 1 ~." E a distance of 383.61 feet to a point;
Thence N 89° 47' 20" W a distance of 244.57 feet to a point;
Thence S 00° 02' 26" E a distance of 49.13 feet to a point;
Thence S 89° 57' 34" W a distance of 34.00 feet to a point;
Thence N 00° 02' 26" W a distance of 49.28 feet to a point;
Thence N 89° 47' 20" W a distance of 229.68 feet to a point;
Thence N 78° 32' 20" W a distance of 74.32 feet to a point;
Thence N 89° 47' 20" W a distance of 104.03 feet to a point;
Thence S 00° 44' Q7" W a distance of 364.02 feet to a point;
Thence N 89° 47' 20" w a distance of 47.07 feet to a point;
Thence N 00° 44' 30" E a distance of 24.00 feet to a point;
'i'henee S 89° 47' 20'' E a distance of 4.01 feet to a point;
Thence S 00° 12' 40" w a distance of 4.00 feet to a point;
Thence S 89° 47' 20" E a distance of 23.02 feet to a point;
Thence N 00° 4.4' 07" E a distance of 344.02 feet to a point;
Thence N 89° 47' 20" W a distance of 27.03 feet to a point;
Thence N 00° 44' 30" E a distance of 20.00 feet to a point;
Thence S 89° 47' 20" E a distance of 27.02 feet to a point;
Thence N 00° 44' 07" E a distance of 276.87 feet to a point;
Thence S 89° 47' 21" E a distance of 20.00 feet to a point;
Thence S 40° 44' 07" w a distance of 276.87 feet to a point;
Thence S 89° 47' 20" E a distance of 105.82 feet to a point;
Thence S 78° 32' 20" E a distance of 74.32 feet to a point;
Thence S 89° 47' 20" E a distance of 217.62 feet to a point;
Thence N 00° 02' 26" W a distance of 8.46 feet to a point;
NI~-SON 8t STANFIET.D, INC.
SURYLYOR$ ~MG11vE'Fas dE PLINNBJZS
page 2 of 3
N0.860 P.6
MASON & ASSOCIATES
Thence N 89° 57' 34" E a distance of 24.00 fee~E to a point;
Thence N 00° 02' 26" W a distance of 276.87 feet to a point;
Thence 5 88° 43' 41" E a distance of 20,01 feet to a point;
Thence S 00° 02' 26" E a distance of 285.06 feet to a point;
Thence S S9° 47' 20" E a distance of 244.80 feet to a point;
Thence N 00° 37' 11" E a distance of 2$0.47 feet to a point;
N0.860 P.7
Thence S 88° 43' 4I" E a distance of 20.00 feet to the iQOYN'Y' OF BEGINNING.
STJB,~ECT TO: All existing rights of way and easements of record or implied appearing on the
above-described parcel of land,
MASON & STANFg:~,D. INC.
S1JRVEYQRS, ENGlNE£RS dt PI.INNERS
Page 3 of 3
JUN. 5.2007 9~37AM
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Meridian City Council
October 16, 2007
Page 3 of 34
A. Approve Minutes of September 11, 2007 Pre-Council Meeting:
B. Approve Minutes of September 25, 2007 City Council Regular
Meeting:
C. Approve Minutes of October 2, 2007 City Council Regular Meeting.
D. Findings of Fact and Conclusions of Law for Denial:
VAR07-016 Request for a Variance to UDC 11-4-3-43.1.2 that
requires communication towers to be set back from all publicly
owned right-of-way a minimum of two times the height of the tower
to be installed, to allow a 50 foot setback instead of a 100 foot
setback as required, by T-Mobile - 3100 East Florence Street:
E. Second Addendum to Development Agreement: MI 07-010
Request for a Miscellaneous application for Modification of the
existing Development Agreement for Hampton Inn & Suites to allow
all principally permitted uses within the C-G District for Hampton
Inn & Suites Addition by Hotel Developers -Boise, LLC - 815 &
875 South Allen Street and 2870 East Freeway:
F. Addendum to Development Agreement: MI 07-007 Request for
a Miscellaneous application to Modify the Development Agreement
to remove the Conditional Use Permit requirement for all
commercial development in the C-G zone and instead require
design review approval of all commercial development in the C-G
zone for Paramount Commercial Southwest by Ustick
Marketplace, LLC -Northeast Corner of North Linder Road and
West McMillan Road:
G. Water Main Easement Agreement for Diamond Point Building
by Syringa Properties:
H. Sanitary Sewer and Water Main Easement Agreement for
Creamline Park Subdivision by Ronald Van Auker:
`il. Water Main Easement Agreement for Lowe's (Overland) by
Karcher Crossing:
J. Resolution No. 07-582 Renewal and Amendment of
Patio Lease at Generations Plaza:
Meridian City Council
October 16, 2007
Page 4 of 34
K. Task Order 3.0 -Operations and Maintenance Audit with CH2M
HILL for $18,257:
L. Pathway License Agreement with Nampa & Meridian Irrigation
District for Rushmore Subdivision:
M. Agreement for Professional Services for Safety Manager /
Consulting with Safetv Enterprise, Inc. for $24,000:
N. Personal Services Contract between the City of Meridian and
Whitman & Associates, Inc. to provide building inspection
services and plan reviews for structures constructed within
the City of Meridian:
O. Personal Services Contract between the Citv of Meridian and
RIMI, Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
P. Personal Services Contract between the City of Meridian and
DMH, Enterprises to provide plumbing inspection services and
plan reviews for structures constructed within the City of
Meridian:
Q. ~ Personal Services Contract between the City of Meridian and
Harold's Electric, Inc. to provide electrical inspection services
and plan reviews for structures constructed within the City of
Meridian:
R. Personal Services Contract between the City of Meridian and
Greene's Fire Protection &Safetv Services, Inc. to provide fire
inspection services and plan reviews for structures
constructed within the City of Meridian:
De Weerd: Item 5.
Zaremba: Madam Mayor, I move that we accept the Consent Agenda, noting that Item
J is a resolution number 07-582 and ask the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Any
discussion?
Rountree: None.
Meridian City Council
October 16, 2007
Page 5 of 34
De Weerd: Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
De Weerd: There are no department reports.
Item 7: Items Moved from Consent Agenda:
De Weerd: Or items moved from the Consent Agenda.
Item 8: Tabled from October 2, 2007: FP 07-026 Request for Final Plat
approval for 140 single-family building lots and 21 common lots on 89.70
acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by
Treehaven, LLC - 4042 West Chinden Boulevard:
De Weerd: Item No. 8 was requested to continue. I need a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue Item 8 to October 23rd.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8. Mr. Berg, will you, please,
call roll. I'm sorry. All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Not to approve, but to continue.
Item 9: Tabled from October 2, 2007: FP 07-030 Request for Final Plat
approval for 50 single-family building lots and 14 common lots on 10.10
acres in an R-4 zone for Baraya Subdivision No. 1 by Dyver
Development, LLC -.east of Black Cat Road on Franklin Road:
Item 10: Tabled from October 2, 2007: FP 07-031 Request for Final Plat
approval for 50 single-family building lots and 2 common lots on 10.55