Water Main Easement with Blue Marlin Investments, LLC for Qdoba Grill ShellADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 08/31/01 11:08 AM
RECORDED nREQUEST OF II I I I IIII VIII II III II II II III II I II I III
Meridian City 107123~~0
WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of , 20~between t3ju¢. ~1a-~rtiTr~~.s~~+eK'~S, 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, inconsideration 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 Granteetheright-
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 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 W;I'R.doc ~
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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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Secretary
STATE OF IDAHO )
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County of Ada )
On this day of
and for said State, personally appeared
20_, b~~e, the undersigned, a Notary Public in
and
known or identified e to be the President and Secretary, respectively, of the
corporation that executed the ~ m instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS EREOF, I have hereunto set my hand and affixed my official seal the day and year
fist abo itten.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at
Commission Expires:
Water Main Easement EASMT WTR.doc
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State of Idaho )
ss.
County of Ada )
On this i i ~' day of , 2007, before me, the undersigned, a Notary Public in and for
said State, personally appeare 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.
_~ ; ~ 1~IOTARy ~~~
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PUBLIC :~
Nota ublic or Idaho,~wn.
Residing at ~i~~ . ~11~11.~
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GRANTEE: CITY OF MERIDIAN \\`~++~~iiiiii~ir~s~~
Tammy de We ayor
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Attest by William G. Ber , Ci Clerk ~ ~ ,
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Approved By City Council On: ~'~~ ~ + +++
STATE OF IDAHO,
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County of Ada
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On this ~ ~1 ~ day of `"? I,a,~ ~~ J ~ , 200, 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.
• •"' • .
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(SEAL) ; ~ ~0 ~ Y~ ~ NOTARY PUBLIC FOR IDAHO
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Water Main Easement EASMT W .doc
August 3, 2007
Page 1 of 2
EXHIBIT "A"
WATER MAIN EASEMENT
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Consulting, Inc.
An easement for the construction and maintenance of a water main across a portion of
Lot 3, Block 2 of Centrepointe Subdivision, Book 97 of Plats, Pages 12330-12331,
Instrument Number 107047647, Ada County Records, situated in a portion of the
Southeast %4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, said easement being more particularly described as
follows:
Commencing at the Southeast corner of said Section 32, thence along the South line of
said Section being the centerline of East Ustick Road North 89°44'39" West 215.62 feet;
thence leaving said South line North 00°15'21" East 542.00 feet to the POINT OF
BEGINNING; thence
North 90°00'00" West 26.51 feet to a point on the East line of an existing sewer and
water main easement, Instrument Number 106070932, Ada County Records; thence
along said East line
North 00°45'09" West 20.00 feet; thence leaving said East line
South 90°00'00" East 26.65 feet; thence
South 00°21'23" East 20.00 feet to the POINT OF BEGINNING.
Said easement contains 532 square feet or 0.01 acres more or less.
1904 W. Overland Boise, ID 83705 Phone X208) 342-0091 Fax (208) 342-0092 Email: quadrant~quadrant.cc
Civil Engineering Surveying Construction Management
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AUGUST 3, 2007 ~ I
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PAGE 2 OF 2
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EXHIBIT B
WATER MAIN EASEMENT
LOCATED IN THE SE 1 /4 OF SECTION 32, T.4N., R.1 E., B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
32133
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Consulting, Inc.
1904 West Overland Rood
Boise, IdoAo 83705
(208) 342-0097 PHONE (208) 342-0092 FAX
Page ~.~of.~_
Meridian City Council
August 21, 2007
Page 3 of 67
Bird: That is a first. There is no resolutions, there no ordinances, there is no changes.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Aqreement to Hookup to City Services, Property outside City
Limits - 4270 East Overland Road:
B. Public Works Chanae Order No. 2, Water and Sewer
Improvements in Conjunction with ACHD West 1S Street,
Washington to Cherry Road Project for a cost of $33,235.00:
C. Water Main Easement Aqreement for Qdoba Retail Shell (Eagle
Road) by Blue Marlin Investments, LLC:
De Weerd: Item 5, the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda as published and for the Mayor to sign
and Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as
presented. 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 of Joint Platform Proposal for Youth in the
City of Meridian: