Water Main Easement with Kimball Properties, LP for Taco Bell Dorado SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 09/20/07 01:26 PM
DEPUTY Vicki Allen
RECORDED-REQUEST of III IIIIIIIIIIIIIIIilllllllllllil II III
City 01 Meridian i ~71315~5
WATER METER EASEMENT
THIS INDENTURE made this 30 o L~
day of , 20~between Kimball Properties, ~-E, 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 meter right-of--way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the meter is to be provided for through underground pipelines to be constructed
by others; and
WHEREAS, it will be necessary to maintain and service said meter 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 operation and maintenance of the meter
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
This easement document refers to Easement #1 on Exhibits A and B
The easement hereby granted is for the purpose of construction and operation of a water
meter and its allied facilities, together with their maintenance, 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 making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such 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.
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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.
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: k ~ ~ ~.~P ~~~' f C ~ ~
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STATE OF
County of
IDAHO)
ss
Ada )
On this day of , 20, before me, tlle~undersigned, a Notary
Public in and for said State, personally appeared Winston H. M re , known or identified to
me to be the Managing Partner of the company that exec d the within instrument, and
acknowledged to me that such company executed the s e.
IN WITNESS WHEREOF, I have hereunto set mylfand and affixed my official seal the day
and year fist above written.
'ARY PUBLIC FOR
Residing at:
Commission Expires:
GRANTEE: CITY OF MERIDIAN
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State of Idaho )
ss.
County of Ada )
On this day of , 2007, before me, the undersigned, a Notary Public in and for
said State, personally appeare Jeff W. Moore, known or identified to me to be the same person whose
name is subscribed to the within instrument as the attorney in fact of Winston H. Moore, and he duly
acknowledged to me that he executed the name of Winston H. Moore as principal on behalf of Kimball
Properties Limited Partnership, a partnership in which said principal is a partner, and his own name as
attorney in fact, and that said partnership executed the same.
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Attest by William G. Berg, ity Jerk T~,` ,$
Approved By City Council On: ~~~,~~.~~.~ . ~,
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STATE OF IDAHO, )
ss.
County of Ada )
On this I ~ ~ 1 day of ~ ' ! , 20~~ ~ before me, the undersigned, a Notary Public
in and for said State, personal y 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.
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NOTARY PUBLIC FOR IDAHO
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EXHIBIT "A"
DESCRIPTION FOR
WATER LINE FACILITIES EASEMENTS AT
DORADO SUBDIVISION
AUGUST 29, 2007
AN EASEMENT LOCATED IN DORADO SUBDIVISION AS RECORDED IN BOOK 95
OF PLATS AT PAGES 11647 AND 11648, ADA COUNTY RECORDER'S OFFICE,
SAID SUBDIVISION LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M.,
THENCE N 41°27'33" W 465.91 FEET TO A POINT ON THE RIGHT OF WAY OF AN
EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307,
THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00°00'00" E 15.00 FEET TO A POINT;
THENCE S 90°00'00" E 13.00 FEET TO A POINT;
THENCE S 00°00'00" W 15.00 FEET TO A POINT;
THENCE N 90°00'00" W 13.00 FEET TO THE REAL POINT OF BEGINNING OF THIS
DESCRIPTION;
MICHAEL E. MARKS P.L.S. NO. 4998
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EXHIBIT "B"
INTERSTATE-84 1/4 CORNER17~16
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20 OVERLAND ROAD
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LINE TABL E
LINE LENGTH BEARING
L-1 15.00 N 00'00'00"E
L-2 13.00 S 90'00'00"E
L-3 15.00 S 00'00'00"W
L-4 13.00 N 90'00'00"W
MERIDIAN WATER LINE EASEMENTS
AT DORADO SUBDIVISION
IN SE 1 /4 SECTION 17, T.3 N., R.1 E.,B.M.
ADA COUNTY, IDAHO
DATE: 08/29/07
SCALE: NTS
Stanley Consultants ~N~.
1940 S. BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208-288-0573
12
Meridian City Council
September 11, 2007
Page 4 of 50
De Weerd: If you will come forward, please. You know, exactly what I was talking about
earlier is it takes a community and we happen to love the community that we serve and
it's working with individuals like yourself and a number of other individuals that continue
to make Meridian a safe place and a desirable place to live. So, we want to just give a
small token of our appreciation for your quick action and the fact that you took action
and thank you. Giving us -- or allow us to show you our appreciation. Casey and
Andrew. Thank you so much. It's nice to have your families join you as well.
Item 6: Consent Agenda:
A. Approve Minutes of August 21, 2007 City Council Regular Meeting:
B. Approve Minutes of August 28, 2007 City Council Special Meeting:
C. Water Main Easement Agreement for Taco Bell (Dorado) by
Kimball Properties:
D. Approve 2008 Stenographic Service Agreement with MD Willis,
Inc. for Stenographic Services:
E. Cooperative Agreement between Valley Regional Transit and
City of Meridian for Annual Dues and Service Contribution for
$98,138.34:
F. Contract Agreement for Consulting Services for a
Classification and Compensation Proiect Amendment No. 3
Scope of Work with BDPA, Inc.:
G. Agreement with Qwest Corporation for Qwest Integrated
Services Digital Network Primary Rate Service and / or Digital
Switched Services:
H. Contract Agreement for Consulting Services for an Analysis of
the Police Department's Salary Structure Amendment No. 4
Scope of Work with BDPA, Inc.:
De Weerd: Item number six is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
September 11, 2007
Page 5 of 50
Bird: On the Consent Agenda we have a couple of contracts -- and Iwill -- which -- the
amount of the contracts aren't written in there, so Item F is $12,445.50. Item H is 6,923
dollars. And with that I move we approve the Consent Agenda and the Mayor to sign
and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as read. 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.
De Weerd: Thank. you. Item --
Borton: Madam Mayor? If I could just cut in. One of the things that we approved on
the Consent Agenda, which I'm sure none of the Council has any heartburn with, is the
approval of the renewed contract with Dean doing our stenographic services and, Dean,
I know you can hear me. On behalf of the Council I just want to say thanks for all you
do for us and putting up with us and our mumbles and jumbles and knocking the mikes
around. You have great patience. So, we appreciate this and appreciate you sticking
with us.
De Weerd: See, you didn't even have to tell him to speak up on that one.
Borton: Got to stand up to see him, though.
De Weerd: Mr. Berg.
Berg: Yes. Madam Mayor, just so that the Council knows, that's the same contract that
we had last year -- or this current here, it's just renewed same prices, no differences in
the cost.
De Weerd: Well, we enjoy seeing you every week punctually on the dot and
dependable minutes. We appreciate what you do, Dean.
Item 7: Department Reports:
A. City Council: