Loading...
Water Main Easement with Syringa Properties Holdings, Inc. for Diamond Point BuildingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAH010125l07 01,39 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIillllllllll I II III RECORDED-REQUEST OF 1E}714~939 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this~~ day o~~ between SYringa Properties Holdings, Inc. ,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, 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 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 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 Diamond EASMT_WTR M IN.doc ~....... 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: SYRINGA PROPERTIES HOLDINGS, INC. Timothy R. Wilcomb, Secretary of the Syringa Properties Holdings, Inc. STATE OF IDAHO ) ss County of Ada ) On this ~~ day of~~-~_/L, 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy R. Wilcomb ,known or identified to me to be the Secretary of the Syringa Properties Holdings, Inc., 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. ~~~paN~Ma•,, NOTARY PUBLIC FOR IDAHO ©~ ~R Y # 4 Residing at ~ O r s 6 f ~_~ r,,,•• ~ Commission Expires: S// /Z~~~O/ Z ~~ PU~1 ~O ~ . 'Q. GRANTEE: CITY OF MERIDIAN Water Main Easement Diamond EASMT WTR MAIN.doc ~~~ J ~ ii~ti' L ~-\,\ \~ ~ ~ -•,k,,~~/FAQ/ Tammy de Weerd, a or ~ ~~ T~- ~ ,~~ O - ~&~~~I, Attest by William G. Berg, Ci Cle .~ ~ e Approved By City Council On: F~~~~rit~r!tatt~~a~~>> STATE OF IDAHO, County of Ada ss. On this l G~`~~ day of l/~~7-2~~~C~1 ; , 20r_~, 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. •~~~~f ~• ••~p,RO~ ••. (SEAL) : 5'~~O?'.y~ •: ~~ . ~ ~. . . .u~ ~ • • . a ~y~,•~ • i _~ .~' ~~ .• pF.I.DA~p'. NOTARY PUBLIC FOR IDAHO Residing at: ~~~'I,C ~ ~~=, ~ ~' ~~ Commission Expires: / ~i - /,S Water Main Easement Diamond EASMT_W~MA~IN.doc DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR DIAMOND POINT BUILDING A 20.00 foot wide parcel of land being a portion of Parcel "A" as shown on Record of Survey No. 6689 as on file in the Office of the Recorder for Ada County, Idaho, situated in Lot 3 and lot 4, Block 4, Silverstone Campus Subdivision as on 1•tle in Book 89 of Plats at Pages 10295 through 10299 in the Office of the Recorder for Ada County, Idaho, located in the NW'/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho. The boundaries of said 20.00 foot wide parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at the Northeast corner of said Lot 3, marked by an iron pin; thence along the East line of said Lot 3 along the arc of a curve to the right whose radius is 273.00 feet, whose central angle is 02°05'57", whose length is 10.00 feet and whose long chord bears South 00°56'53" East 10.00 feet to the TRUE POINT OF BEGINNING; thence leaving said East line of Lot 3 along a line that is parallel with the North line of said Lot 3 North 89°52'14" West 33.49 feet to a point; thence South 45°13'16" West 80.86 feet to a point; thence North 89°46'44 "West 234.40 feet to a point; thence South 00°13'13" West 116.53 feet to a point hereinafter referred to as POINT A. Together with: COMMENCING at said POINT A; thence North 89°46'47" West 28.00 feet to a point of terminus. Together with: COMMENCING at said POINT A; thence South 89°46'47" East 15.00 feet to a point of terminus. Said Parcel Contains 9,965 Square Feet, more or less. 3160-Water-Ease.doc - dnm Page 1 ,o~f{1 PaBe~--~~----' -The Northeast Corner of Lot 3, Block 4 , ~~ Silverstone Carn us^ p ~ Subdivision w I a ( I (n p d' o {%~ N J N N ° I 4- ~ O Q ~ m o NI c V J ~ ~ L C +- O L •«- O U1 Z L w m ' i L `- I 1 a a° i d W I W I ~XNIBIT "B" WATERLINE EASEMENT EXHIBIT FOR DIAMOND POINT Bl11LDiNG A PART OP PARCEL "A" AS SHOWN ON R.O.S. #6689, LOT 3 AND A PORTION OF LOT 4, BLOCK 4, SILVERSTONE CAMPUS SUBDIVISION LOCATED IN THE NW Ya OE SECTION 21, T.3N.-R.I.E., B.M., MERIDIAN, ADA COUNTY, IDAHO .:.. ,I ' 07 tip:;:Y... ~:::.::::;::...:~-~;, nt, v~LOPER/OWNER ~s `. ~~''''< :So"'` Area in Legal Description = SYRINGA PROPERTIES ~~;;.0 :. j ::'~ 9,965 sq.ft. or 0.229 acres HOLDINGS, INC. >~BS'6'' ~ more or Tess. PO BOX 7373 ::•::;.::..::~:::::;:~~. BOISE, ID 83707 ~~.. ~, II -..: `I Itt ... ..... ., .• .,, . ~j i I;I, ': fr~::~..:;.:..~:.:::; It ~~ ~ , ,}g~_..~4`oter_E:;se-E-?:h.dw{a t7`J_.lp-C)J ;i:'~:?:4; drncrk.s POINT OF TERMINUS t 3 t.. ..I .,,.,.. .,.,..,._....t. _n-_ ,.r_~.T i. _.^;...,..,. 10.00' (TyP.) . ,10.00' (Typ?, ... ;, W,,~.~~.__.~.~__, ..,. . ~~i S 89°46'47" E f, . 15.00' .. ~,..oO a 13' 13,E W:.;:_...: ~. w :••::,:?;:116.5 3 ' ..:;:;::;.~~:.::-:: ':;:::_': •: •::'::; ::~: `~:~?:::::: ~ :::':~ ? "-- POINT A ~:.:•:~:•; :.:•:~.':I N 89°46'47" W C~•:::~ : :`:. 28.00' • POINT OP TERMINUS ~ j CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C-I 273.00' 2°05'57" 10.00' S 00°56'53" E 10.00' 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: Cry Water Main Easement Aareement for Diamond Point Building by Syringa Properties: H. Sanitary Sewer and Water Main Easement Aareement for Creamline Park Subdivision by Ronald Van Auker: I. ~ Water Main Easement Aareement 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 Aareement with Nampa & Meridian Irrigation District for Rushmore Subdivision: M. Agreement for Professional Services for Safety Manager / Consulting with Safety 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 City 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 & Safety 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 comrnon 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