Water Main Easement with Primeland Investment Group, LLC for Verona Subdivision No. 4ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 !
BO SE IDAHO 09/09/08 09:12 AM
RE ORDEDS REQUEST OF III I~IIII~IIIIII~IIIIIIIIIIIIIIIII III
Meridian City 10$1011 S5
WATER MAIN EASEMENT
THIS INDENTURE, made this day o~~~,~,, 20~,between Primeland Investment Group. LLC, 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 the right-
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 shallrestore 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
Water Main Easement EASMT
WTR_CITY_OF_MERIDIAN
PaBe~A~-
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:
S. Varriale, Partner, Primeland Investment Group, LLC
STATE OF IDAHO
ss
County of Ada )
On this~~," day of ~' , 2008, before. me, the undersigned, a Notary
Public in and for said State, personally appeared Frank S. Varriale, known or identified to me
to be a Partner of Primeland Investment Group, LLC, the partner who executed the within
instrument on behalf of said Limited Liability Company, and acknowledged to me that such
Limited Liability Company 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)
KIMBERLY WINKLE
Notary Public
State of Idaho
`, ~' ~ ~ /%
OTARY PUB IC FOR IDAHO
Residing at ~ ~r ~ r
Commission Expires: ~ ~ "
Water Main Easement EASMT
WTR_CITY_OF_MERIDIAN
CITY OF MERIDIAN
Tammy de Weerd,
Jaycee Holman, City Clerk
Approved by Council on
STATE OF IDAHO,
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County of Ada,)
On this ~~ day of ('~.~{C(11~ r ,20~before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee
Holman, 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 ~~•••....~~• ; -
~•'~,4' O-~T~-,-G ~' ~ otary Public for Idaho
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Page 4 of 6
August 12, 2008
Exhibit "A"
Water Easement No. 1
~~
^^ 6~uadrant
Consulting, Inc.
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106149249, records of Ada County, Idaho, situated in the Southwest quarter of
Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the West line of said Section 26 North 00°21'16" East, 643.12 feet; thence
leaving said West line South 89°38'44" East, 30.00 feet to the POINT OF BEGINNING; thence
along a line parallel with and 30.00 feet East of said, West line
North 00° 21' 16" East 20.00 feet; thence, leaving said parallel line
North 90° 00' 00" East 18.74 feet; thence,
South 00° 00' 00" West 20.00 feet; thence,
North 90° 00' 00" West 18.87 feet to the POINT OF BEGINNING;
Said parcel containing 376 square feet more or less.
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1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax )208) 342-0092 Email: quadrantC~?qua rant.c~
Civil Engineering • Surveying Construction Management. IynL_
Page 5 of 6
August 12, 2008
Water Easement No. 2
^^
^^ Quadrant
Consulting, Inc.
A parcel of land being a portion of a tract of land as described in Special Warranty Deed,
Instrument No. 106149249, records of Ada County, Idaho, situated in the Southwest quarter of
Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and
Range; thence along the South line of said Section 26 South 88°58'52" East, 193.29 feet; thence
leaving said South line North O 1°01'08" East, 44.12 feet to the POINT OF BEGINNING;
thence
North 00° 46' 49" East 52.01 feet; thence,
South 89° 13' 11" East 20.00 feet; thence,
South 00° 46' 49" West 54.77 feet; thence,
North 81 ° 22' S5" West 20.19 feet to the POINT OF BEGINNING;
Said parcel containing 1068 square feet more or less.
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Meridian City Council
September 2, 2008
Page 2 of 71
Rountree: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is the adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: There is a couple of items to make note of. Under 6, Department Reports, C,
Mayor's office, number one, the resolution number is proposed to be 08-616. Number
two, the resolution number is proposed to be 08-617. Number three, the proposed
resolution number is 08-618. On the regular agenda, Item 15, the proposed ordinance
number there is 08-1378. And Item 16 the ordinance number proposed there is 08-
1379. And with that I move that we adopt the agenda with the modifications noted.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as presented. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 27, 2008 Pre-Council Meeting Minutes:
B. Water Main Easement Acreement for Verona No. 4 by
Primeland Investment Group:
C. Sanitary Sewer Easement Agreement for Verona No. 4 by
Primeland Investment Group:
D. Water Main and Sanitary Sewer Easement Agreement for
Verona No. 4 by Primeland Investment Group:
E. Task Order No. 0773 with Pharmer Engineering for
Engineering Services for WWTP DAFT System for $42,950.00:
F. Task Order No. 0775 with Brown and Caldwell for Stormwater
Pollution Prevention Plan for $13,000:
G. Task Order No. 0774 with CH2MHILL, Inc. for Engineering
Services for $42,641.49:
Meridian City Council
September 2, 2008
Page 3 of 71
H. Underground Utility Easement Agreement for the Black Cat Lift
Station with Idaho.Power:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we adopt the Consent Agenda as published.
Bird: Second.
De Weerd: We have a motion and a second. Any discussion on this item? Hearing
none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Police Department:
1. Police and Fire Games Results:
De Weerd: Thank you. Item 6 are our Department Reports. We will start tonight's
reports with the Police Department.
Lavey: Thank you, Madam Mayor and Council. Earlier Lieutenant Stowe and I were
arguing over who is going to go and, then, we realized that he didn't have his glasses
and so I have to go.
De Weerd: I thought the chief always won.
Lavey: Well, unless I don't want to do it. I have a couple of items I'd like to talk about
today in the department report and one that just came in this morning that I have shared
with the Mayor, but I don't believe she shared with anybody else. Earlier this morning I
found out that the Meridian Police Department and the MADC was awarded the Drug
Free Community's grant for 2008, which totals 625,000 dollars over the next five years.
That was kind of a two year process. We tried last year and we weren't as successful
and this year we kept getting a lot of questions and had to do a lot of follow-up work and
the police officer in me kind of got suspicious and said that these people are just going
to tell us to go away if we can't get it right and everybody else was saying, no, if they
want additional information that's a good sign. That's a good sign. And, apparently, it is