Water Main Easement with J&K Investments Meridian, LLC for City Water LineADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAN012120107 01;05 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 107167636
Meridian Ciry
WATER MAIN EASEMENT
t / ~/~ c~~an .C,C C.
THIS INDENTURE, made this o~ day of ~~ 20 v ybetween ~'~ K ~n~lPfT~l ~~/", 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 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 andright-of--way unto the said Grantee, it's successors
and assigns forever.
1T 1S 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 perenfial 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 oftheright-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 wtr main(2)
r
Fag+~ I ct
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:
On this ~? day of /?/U~e ps 20 C~ before me, the undersigned, a Notary Public in
and for said State, personally appeared ~ ,.,,n~n~.J. `~ ~kCK~ E ~ct~ C~ tS~-'1 _and
-~--~-` ,known or identified to me to be 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.
N
~w~~11- NOT RY PUBL FOR ID O
~ 'gyp Residi gat ~(yYriQ~ i ~ ~i1~Cc.{lo
~OTAI~r N-: Commission Expires: 1 /hATR.QJ/2--
•.~
~ rve>L1c
0
I~.~T6 OF 1~~~
Water Main Easement easmt wtr main(2)
Page ~_..p~
STATE OF IDAHO )
ss
County of Ada )
CITY OF MERIDIAN ~~~~~~,";~'";.~; ,.,
~~•`` .~ C3F P~.,`y
Tammy de Weerd, M r -
- ~ ~^~ -
William G. Berg, Jr., Cit Clerk "~~~~ t t~~ ,'`t~'~ °~
/ ~~ ~~
~' p~T~~
Approved by Council on : ~~~ "~ ~ ~~ ~ ~' ``~
STATE OF IDAHO,
County of Ada, )
ss.
On this day of ~ ~'rl(~~j~}~ ,2007, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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.
SEAL .•••••.•
~ •'•~.p'-R'A ~ ~ ~ otary Public or Idaho
• ; ''` 11 ~ ?'~ ~.~; Residing at:~n~~~r~_~ ( D
~' ''~~ ~+~sl: My Commission Expires: -(~-1 ( ~ 1
~ ~-~r
. ~ ~ ~
• ~ ~ •
~~ ~ •
r ~
•~~` i •
• ~ •
(''~ . ~' •
~ ~ v ~~ •
~'~F~IDAI~'I.Q•'•
~~~~~2
~~~~~~~~
PARCEL DESCRIPTION
PROJECT:
PARCEL NO.:
EXHIBIT A
November 5, 2007
07147 J & K Investments
City Water Easement No. 1
A parcel of land being a part. of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page
1080, and as shown on Recort~ of Survey 7535, Ada County Records, located,. in the SE 1!4 of the SE' 1/4 of
Section 6, T. 3 N, R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said
Section 6;
Thence North 89°28'27" West coincident with the south line of said Secti~,n E, a distance of 1153.40 feet;
Thence North 00°20'04" East, 70.54 feet to a found 5/8" rebaz marking the souihwest corner of Parcel A as shown
on said Record of Survey 7573, Ada County Records;
Thence South 89°25'37" East coincident with the south line of said Pazcel :~„ as shown on said record of survey
7573, a distance of 160.77 feet to a found 5/8"" rebar/cap PLS 10561 marking the southwest comer of Parcel B;
Thence North 0°20'04" East coincident with the west line of said Parcel B, 200.76 feet;
Thence South 89°39'56" East, 17.48 feet to the POINT OF BEGINNING;
Thence South 89°25'37" East parallel with the north line of said Parcel B; 24:54 feet;
Thence South 0°34'23" West, 25.00 feet;
Thence North 89°25'37" West parallel with the north ?ine of said Parcel B, 10.59 feet;
Thence South 0°34'23" West, 22.77 feet;
Thence South 45°25' 18" West, 12.63 feet; '
Thence North 89°40'30" West, 4.80 feet;
Thence North 0°20'04" East parallel :with said west line of Parcel B, 56275 f;,et to the POINT OF BEGINNING.
The parcel above described contains 1009 square feet more or less.
Together with and subject to covenants, easements and restrictions of record.
P:/2007/07147/dwg/survey/descriptions/City Water No. 1 Easement i.egal.doc
RGH/cp
11/s/o7 1 of 1
~s~' ~~~AL LANps
~~SS ~ti~>iSTE,p~~G~G~~
~ ~
n. ....~...,...
y~T G. H~~~
//-~- 0'7
. ~
p m'Y „mil
EXHIBIT "B "
CITY WATER EASEMENT N0. 1 FOR
J & K INVESTMENTS
A PORTION OF THE SEl/4 OF THE SEl/4 OF SECTION 8
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2007
W
o
0
N ~
O
O
2
City Water Easement No
1 C09 S.F.±
S89 25'37"E _ 160.77'
N89 28'27"W 1153.40'
E. FAIRVIEII AVE. (U.S. HiVY 30)
~~~ .
~~' .
~~~
~w~i
s.
;.,., ._
3
17.48' 24.54' o N
S89 :39'56"E S89 25'37"E ui M
~,POS ~oo
in o
^o
co N N89 25'37"W
1 ~Q ~ 10.59'
z "~
N n
:~ N
~, o° ~' 6~~0~
~ o ~~
o° oN 4.80' S
N p N89'40'30"W
0
2
y
ENGINEERS • P44NNERS • SURVEYORS
N.T.S.
SE COR
SEC. 6
COR REC J/ 9381309
POINT OF COMMENCEMENIT
6 1 5
7 ~' 8
TREASURE VALLEY ENGINEERS, INC.
1204 6TH STREET NORTH
NAMPA, IDAHO 83687
(208) 463-0305
FAX (208) 463-4391 ~
mail®TreasureValleyEngineers.com
VISIT OUR WEB SITE.• www.TreasureValleyEngineers.com
S ~
l<-6~0~
INS"'"V,4IIEYE4f~VP
°"'~W
~~
EXHIBIT A
PARCEL DESCRIPTION November 5, 2007
PROJECT: 07147 J & K Investments
PARCEL NO.: City Water Easement No. 2
A parcel of land being a part of Lot 2, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080,
and as shown on Record of Survey 7535, Ada County Records, located in the SE 1/4 of the SE 114 of Section 6,
T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said
Section 6;
Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet;
Thence North 00°20'04" East, 70.54 feet to a found 5/8" rebaz marking the southwest corner of Parcel A as shown
on said Record of Survey 7573, Ada County Records;
Thence South 89°25'37" East coincident with the south line of said Parcel A, as shown on said record of survey
7573, a distance of 160.77 feet to a found 5/8"" rebar/cap PLS 10561 marking the southwest corner of Parcel B;
Thence North 0°20'04" East coincident with the west line of said Parcel B, 58.76 feet;
Thence South 89°39'56" East, 17.48 feet to the POINT OF BEGINNING;
Thence South 89°25'37" East parallel with the north line of said Parcel B, 94.27 feet;
Thence South 0°41'52" West, 20.00 feet;
Thence North 89°25'37" West pazallel with the north line of said Parcel B, 78.09 feet;
Thence South 0°34'23" West, 20.99 feet;
Thence North 89°25'37" West parallel with the north line of said Parcel B, 15.97 feet;
Thence North 0°20'04" East parallel with said west line of Parcel B, 40.99 feet to the POINT OF BEGINNING.
The. parcel above described contains 2220 square feet more or less.
Together with and subject to covenants, easements and restrictions of record.
P:/2007/07147/dwg/survey/descriptions/City Water No. 2 Easement Legal.doc
RGH/cp
i vs/o7 1 of 1
J_,
~~5~,
-O
,~~~
EXHIBIT "B "
CITY WATER EASEMENT N0. 2 FOR
J & K INVESTMENTS
A PORTION OF THE SEI/4 OF THE SEI/4 OF SECTION 8
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2007
city Water Easement No. 2
2220 S.r.±
17.48' 64.27'
S89 :39'56 "E
S89 25'37 "E ~
WP ~o
W
it ~
0 ~~ O
't0
cp
~ a N o 3 N89 25'37"W o° `~'
,~
N° oo `~ N, 78.09'
rn ~
o
S8925'37"E 160.77' Z z ~ :`>o
~u / v7
o ~ 15.97'
N o N89 25'37"W
O ~
O
z
N89 28'27"W 1153.40'
E. FAII2VIEW AVE. (U.S. HWY 30)
}~' w~~~....
I{'H1F
v r ~~~' LAND
``*,~, _ ~~e,`a~~~~IST~,~~~G~lfi
o .~
+~ c.~
4" ~! dlr•A is '~
7 'f' 8
.,,, ...
v ~ "~ ~~ "w TREASURE VALLEY ENGINEERS, INC.
,~,W.. ~+~,,~~_~~ 1204 8TH STREET NORTX
-7 NAMPA, IDAHO B38B7
1~- 6_d
(2U8) 483-030v
FAX (20B) 483-4391 ~
mail®TreasureValleyEnBineers. com
ENGINEERS • PLlNNERS • SURVEYORS
0
VIS/T OUR WEB SITE.• www.TreasrlreValleyEngineers.com
N.T.S.
SE COR
SEC. 6
COR REC 7J! 9387309
POINT OF COMMENCEMENT
6 1 5
P~.2~
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 Projects 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?