Water Main Easement with BABB Investments for Challenger School- ~-
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
BOISE IDAH010104107 01:32 PM
DEPUTY Vicki Allen II I I I II'I IIII I II II'I'll I I II I II II I I f II
RECORDED-REQUEST OF 1@713780
City of Meridian
WATER MAIN EASEMENT
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THIS INDENTURE, made this i~ day of ~, 207 between (~66 hNE7TM~NCS ,the parties of SGKp11.
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 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 adj acent 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 i R
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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:
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STATE OF IDAHO )
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County of Ada )
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On this ~ day of „ 20~6~fore m~, the yndersigned, a Notary Public in
and for said State, personally appeared /'~ and
/~~J ,known or identified to me to a the President and Secretary, 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
fist above written.
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NOTARY
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Water Main Easement EASMT W
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weer , ayor
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Attest by William G. Berg, City
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
On this y , 20~before me, the undersigned, a
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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.
IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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Water Main Easement EASMT WTR
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ELY MOIINTAIN ENGINEEIZING
Date: September 6, 2007
Project: 125-03
Page: 1 of 1
EXHIBIT "A"
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A water main easement across a portion of Lots 42 and 43, Block 49 of Lochsa Falls
Subdivision No. 12, as record in Book 92 of plats, pages 10958-10960, Ada County records,
situated in the Northeast '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian,
Ada County, Idaho being more particularly described as follows:
Commencing at the Southeast corner of said Lot 42; thence along the South line of said Lot 42,
North 89°38'20" West 98.00 feet to the POINT OF BEGINNING; thence leaving the South
line of said Lot 42
North 00°21'40" East 273.17 feet; thence
North 89°38'20" West 423.00 feet; thence
South 00°21'38" West 273.17 feet to the South line of said Lot 43; thence along said South line
South 89°38'20" East 31.18 feet; thence leaving said South line
North 00°21'38" East 17.44 feet; thence
North 89°38'22" West 11.18 feet; thence
North 00°21'38" East 235.72 feet; thence
South 89°38'20" East 127.52 feet; thence
South 00°21'40' West 9.66 feet; thence
South 89°38'20" East 20.00 feet; thence
North 00°21'40" East 9.66 feet; thence
South 89°38'20" East 35:73 feet; thence
South 00°21'40" West 6.50 feet; thence
North 90°00'00" East 20.00 feet; thence
North 00°21'40" East 6.38 feet; thence
South 89°38'20" East 179.75 feet; thence
South 00°21'40" West 253.17 feet to the South line of said Lot 42; thence along said South line
South 89°38'20" East 20.00 feet to the POINT OF BEGINI~TING.
Said water main easement contains 19,104 square feet or 0.44 acres. This easement description
has been prepared from record information only. Elk Mountain Engineering has not performed a
field survey in conjunction with this easement description. _ ~.,,,,_
12/4 6~0
F.
4286 E. Amity Ave. Ste. 101 • Nampa, ID 83687 • Phone (208) 466-4601 • Fax (208) 466-4608 • Internet: vwvw.elkmtn.cc
Civil. Engineering • Surveying • Planning
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Meridian City Council
September 18, 2007
Page 6 of 38
September 25th, 2007. Item number 12, the ordinance number is 07-1337. And Items
14, 15, 16 and 17 have been requested by the applicant to be continued to October 2,
2007. And Item number 20 is Ordinance No. 07-1338. And with that I move we
approve the agenda as noted.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda with many changes.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Consent Agenda:
A. Approve Minutes of April 11, 2007 City Council Strategic Planning
Workshop:
B. Approve Minutes of July 11, 2007 City Council Budget Workshop:
C. Approve Minutes of September 4, 2007 Pre-Council Meeting:
D. Approve Idaho Power Easement for New Water Division
Building:
G. Award Bids for Grant for Senior Citizen Center Phase 2
ICDBG-04-III-01-SR:
Entrance Door & Ramp -Brice Construction $15,250.00
Replacement Windows -Atkinson Mirror & Glass
$4,544.39
Kitchen Cooling -Western Heating $4,805.00
H. Professional Service Agreement with Madeline Buckendorf
. Consulting, LLC for Conducting Three Historic Inventory &
Consulting Projects for Meridian Historical Preservation
Committee:
Resolution No.
Solid Waste Collections:
Fee Increases for
J. Water Main Easement Agreement for Challenger School by
BABB Investments:
Meridian City Council
September 18, 2007
Page 7 of 38
K. Development Agreement: AZ 07-009 Request for Annexation
and Zoning of 22.67acres from R1 to C-G Zone for Queenland
Acres by James Prather -Southeast Corner of South Stoddard
Road and West Overland Road:
L. Approve Contract for Task Order 0722 Black Cat Road Water
Main Extension with Civil Survey Consultants, Inc. for $9,800:
M. Change Order No.1 for the Water Division Building Project
(Construction -Crawford Door Sales of Idaho, Inc. )for
$875.00:
N. Change Order No.1 for the Water Division Building Project
(Construction - Joslin Millwork, Inc. )for $368.00:
O. Change Order No.2 for the Water Division Building Project
(Construction -Ira-Mac, Inc. )for $1,256.00:
P. Change Order No.1 for the Water Division Building Project
(Construction -Treasure Valley Fire Protection, Inc. )for
($988.00):
Q. Change Order No.1 for the Water Division Building Project
Construction - SBI Contracting, Inc. )for $685.00:
R. Change Order No.1 for the Water Division Building Project
(Construction -Northwest Electrical) for $5,458.00:
S. Change Order No.1 for the Water Division Building Project
(Construction - Ridgeway Industrial, Inc. )for $5,541.00:
T. License Agreement with Nampa & Meridian Irrigation District
for Bellingham Park Subdivision No. 4:
U. Approve Blood Draw Agreement with Ada County Paramedics:
V. Approve Business Associates Agreement with Ada County
Paramedics:
De Weerd: The Consent Agenda.
Bird: Madam Mayor?
^.
Meridian City Council
September 18, 2007
Page 8 of 38
De Weerd: Mr. Bird.
Bird: Items E and F, as stated earlier, have been asked to be moved to 8-E and 8-F on
the regular agenda. Item one is resolution number 07-577. With that I move we
approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest
on all papers.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda with the
change as noted. If there is no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea: Rountree, absent: Zaremba, yea: Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Department Reports:
A. Mayor's Office
1. Reappointment of Scott Turlinpton to Meridian
Development Corporation:
De Weerd: Thank you. Item seven, under department reports, I have in front of you
the request to reappoint Scott Turlington to the Meridian Development Corporation and
would stand for any questions.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I don't have a question, just a comment that Scott's a great addition to the MDC
board. It's a pleasure working with him. He provides great input and he's much needed
to be reappointed an additional term and provide his continued input.
De Weerd: Thank you. He's fairly new on the board, so, you know, he filled a seat and
so I think he is getting up and going and so if I have a motion.
Borton: Madam Mayor?
De Weerd: Yes.