Water Main Easement with Meridian First Baptist Church for City Water Line (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAH012120/07 01:05 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
Meridian City 1 E171 X7637
WATER MAIN EASEMENT
THIS INDENTURE, made this 21 st day of November, 2007 between Meridian First Baptist Church, located at
428 West Pine Avenue, Meridian, Idaho 83642, the party of the first part, and hereinafter called the Grantor, 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 mainright-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, 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 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 fiu-ther effect and shall be
completely relinquished.
Water Main Easement Easement -Waterline
Page ~ f,~
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:
STATE OF IDAHO
ss
County of Ada )
CHURCH
On this /~T day of vE-~-~c , 20~, before me, the undersigned, a Notary Public in and
for said State, personally appeared r tf~A2d ,f - ~a ~.~-h .v , lrnown or identified to me to
be a Director, of the organization that executed the within instrument, and acknowledged to me that such
organization executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written.
(SEAL)
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GRANTEE: CITY OF MERIDIAN
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GRANTEE: CITY OF MERIDIAN ,,,~~`"' " °'''
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Tammy de Weerd,
Attest by William G
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Approved By City Council On
STATE OF IDAHO,
County of Ada
ss.
On this `~"~~ day of ~'~~ ~ 11~ ~ ~ , 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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Meridian City Council
December 4, 2007
Page 2 of 77
them. Remember our troops, whether they are serving us here in the United States or if
they are deployed abroad in many of the different situations they are deployed in. And
as the scriptures instruct us in First Timothy to remember those that serve us in
government, here locally, the leadership team that's before us. The police -- the law
enforcement, the firemen, the educators. Lord, we acknowledge that you're supreme.
You are not a man, you're a God, and you're among us. May you give us wisdom
tonight to see your will and the humility to walk in your ways. Particularly for this
leadership team that you have appointed for such a time as this, that they might see
what is right and their place of serving among us, to lead us and a place live, work, and
play that's not only safe, but filled with energy and that pleases you. Amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Flinn. We appreciate you joining us tonight. Item No. 4 is
the adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Let's see. We have had no items requested for continuance. On Item 11, the
resolution number is 07-589, and with that one comment I -- I'm sorry. Yes. And we do
need to add an item -- we need to add an Item 23, which would be an Executive
Session per Idaho State Code 67-2345(1)(a) and (1)(f). And with that I move that we
adopt the agenda as written.
Rountree: Second.
Zaremba: I'm sorry. As amended.
De Weerd: Okay. I have a motion and a second to adopt the agenda as changed. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of November 13, 2007 City Council Special
Workshop Meeting:
B. Water Main Easement Agreement for Meridian First Baptist
Church:
Meridian City Council
December 4, 2007
Page 3 of 77
C. Change Order No. 2 for the Water Division Building Project
(Construction -Northwest Electric) for $9,349.00:
D. Water Main Easement Agreement for J&K investments,
Meridian, LLC:
E. Amendment to the Roster of Qualified Consultants for
Engineering Services, Water, Wastewater, and Miscellaneous
Public Works Proiects of the City's Master Service Agreement
with H.W. Lochner, Inc.:
F. Approve Standard Form of Agreement with Brown
Construction, Inc. for the Construction of the Black Cat Road
Water Main Improvements Project for $711,983.20:
G. Development Agreement: MI 07-012 Request for a
Miscellaneous application to modify several provisions of the
recorded Development Agreement (Inst. 107099628) for the
Gardner Ahlquist development and to include both phases of
Gardner Ahlquist Subdivision into one Development Agreement for
Gardner Ahlquist Gateway by Timberline Surveying, PLLC -
Southeast Corner of East Franklin Road and North Eagle Road:
H. Approve New Beer and Wine License for Fuddruckers by
Grantt Grace Meridian, LLC at 3421 North Eagle Road:
I. Sanitary Sewer Easement Agreement for Black Cat Sewer
Trunk by Stetson Properties, LP:
De Weerd: Consent Agenda. Item 5.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I move that we approve the Consent Agenda as written and for the Mayor to
sign and the Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you, please, call roll.
Meridian City Council
December 4, 2007
Page 4 of 77
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayors Office:
1. Appointment to Meridian Development Corporation:
De Weerd: Okay. Thank you. Item 6 under department reports, I did get Councilmen
Borton's a-mail about stepping down from the MDC, as he had a conflict and my
appointment would be is -- is there a memo form in front of you is to appoint the Mayor
as the other elected representative and would open it up to any questions.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I move that we approve your appointment of yourself, the Mayor, to the open
seat on the MDC board.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. Thank you. Okay. There were no items moved from the Consent
Agenda.
Item 8: Impact Fee Annual Report by Finance Department:
De Weerd: Item No. 8 is our impact fee and a report by our finance department. Stacy.
Kilchenmann: Madam Mayor, Members of the Council, for 2007 I am the new --
De Weerd: Is that on? Is that mike on?