Water Main Easement with Aspen Grove Development, LLC for Idaho Pulmonary~r
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 04!24108 03:13 PM
RECORDED nREQUEST OF III I~II'IIIIIIIIIIIIIIIIIIIIIII II I'II
Meridian City 10048231
WATER MAIN EASEMENT
THIS INDENTURE, made this 3 day of Aril , 2008_between Aspen Grove Development
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 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 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
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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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
Manager, Aspen Grove Development LLC.
STATE OF IDAHO )
ss
County of Ada )
On this day of ~~,c 1 , 20~, before me, the undersigned, a Notary Public in
and for said State, personally appeared ~'1C'~~ ~~ C~ ~11~, and
,known or identified to me to be the Manager of Aspen Grove Development LLC.
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 aboyp•wtltlN~r•,~
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GRANTEE: CITY OF MERIDIAN
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Approved By City Council On: .~
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Tammy de Weerd, May ~.~`~ ~"~ ~ ~'~.,
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Attest by Ja ee Holman, City Clerk _ SEAL
STATE OF IDAHO,
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County of Ada
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On this 1~day of , 204 before me, the undersigned, a
Notary Public in and for said State, personall appeared TAMMY DE WEERD and JAYCEE HOLMAN,
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) ~ ~' ~ ~,~; N TARY PU LIC FOR IDAHO
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Residing at: d~Ll 1D
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THS T.AND GlOLFP, [NC.
July 3, 2007
Project No. 06333
EXIi>~IT ~A"
Legal Description
Idaho Pulmonary
City of Meridian Water Easement
389 Square Feet
An easement for the purpose of construction, aocess and maintenance of water facilities
being situated in a portion of Lot 3, Block 1 of Valencia Plaza Subdivision situated in a
portion of the Northeast One Quarter of the Northwest One Quarter of Section 20,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Commencing at a brass cap monumenting the North One Quarter Corner of said Section
20, which bears South 89°52' 19" East a distance of 2,656.36 feet from a brass cap
monumenting the Northwest comer of said section 20, thence following the easterly licw
of said Northwest One Quarter, South 00°24' 16" West a distance of 443.00 feet to a point
on the southerly right-of-way line of East Gala Street;
Thence leaving said easterly line and folio said~svuthcrly right-of-way line,
North 89°S2' 19" West a distance of 274.26 to a point;
Thence leaving said southerly right-of-way line, South 00°00'00" East a distanco of
143.74 foet to a point;
Thence North 90°00'00" East a distance of 49.93 feet to a point;
Thence South 45°OS'40" West a distanco of 54.48 feet to a point;
Thence South 44°51'20" East a distance of 36.09 feet to the POINT OF BEGINNING.
Thence North 4S°08'40" East a distance of 10.00 fat to a point;
Thence North 44°51'20" West a distance of 12.23 feet to a point;
Thence North 4S°00'00" East a distance of 11.66 feet to a point;
Thence South 44°S 1'20" East a distance of 22.1'7 feet to a point;
Thence South 45°08'40" West a distance of 24.85 feet to a point;
Thence North 44°51'20" Wcst a distance of 9.91 feet to a point;
Thence North 45°08'40" East a distance of 3.19 feet to the
POINT OF BEGINNING.
Silt P%dHH%X~ d 1.AJ![~ditl~ld f~ll'J)1tK71[1Y d CIIH~ ENSl/76C!'XMS ~ CrO~ CO//!7t IYII~OIIOH ~ ERJINI't'l%R~ ~ Gmplrh' COymrnrersi~.~u1rAN ~ SN~'id3
X62 E. Shore Drive, Sre. lf)0, Eagle, Idaho 836(6 ~ P 208.939.~~11 F 248.939.-W-IS •
G:t 2006lAfiS33\.'ldmin\Legals~ 07251}~lt2oease.doc
Page 1 of ?
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THE LAMA GROUP. lI3C.
Said easement contains 389 squaro feet more or less, subject to all existing easements and
rights-of-way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: 7'he Land Ctmup, Inc.
462 E, Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAX}
Sih Alunuih3 • Lsrndrarpr Arc~ils~•tnrr • Cirri/ EN•ginttriK3 • Golf CaNrra InxqulioN ~,~' EnginaenNs • Grrrfibi~ Ce~r~rxNiesties • Sn~se, y1Ng
~L62 E. Shore Drive, Ste. 100, Engle, Idstho 83616 • P 208.439•~W 1 E 208.939.~~t5 •
G: ~ZOOG~06333~.~dmin~Leghls`0?2507h2ocxse.cioc
Page 2 oF2
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81TUATI=D IN A PORTION OF THE NE1/4 OF THE NW1/4 OF BECTION 20.
TOWN8HIP 3 NORTH. RANQE 1 EABT. B.M..
CITY OP MERIDIAN. ADA COUNTY. IDAHO
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EN6INEER/8URVEYOR PROJECT INF°ORAAATION SCALE: 1"R40'
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• ;~~~~~,~. CITY OF MERIDIAN PROJECT NO. aess~
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Meridian City Council
April 15, 2008
Page 4 of 81
building lot and 1 common lot in a proposed R-15 zone for Villas
Lochsa Falls by D.T. Campbell Investments - 5555 North Linder
Road:
K. Findings of Fact and Conclusions of Law for Approval: CUP
08-003 Request for a Conditional Use Permit for 21 multi-family
dwelling units in a proposed R-15 zone on approximately 3 acres
for Villas Cad Lochsa Falls by D.T. Campbell Investments - 5555
North Linder Road:
L. Water Main Easement Agreement for Famous Dave's BBQ by
Idaho Dave's BBQ, Inc.:
M. Water Main Easement Agreement for Idaho Pulmonary by
Aspen Grove Development:
N. Sanitary Sewer and Water Main Easement Agreement for
Paramount Commercial by Ustick Marketplace, LLC:
O. Sanitary Sewer and Water Main Easement Agreement for
Pinebridge by DMB Investments, LLC:
P. Sanitary Sewer and Water Main Easement Agreement for
Devon Park No. 3 by Fairview Lakes, LLC:
Q. Chance Order No. 1 for the Black Cat Trunk Sewer Phase 4
Schedule B&C (Construction) with Knife River for $12,021.08:
R. Change Order No. 2 of Contract with Treasure Valley Drilling
for Construction of Well 27 for Additional Well Development,
Test Pumping and Mud-Weighting Material for $27,000:
S. Task Order 0732a with Civil Survey Consultants, Inc. for Well
14 Pump Replacement Design fora Cost Not to Exceed
$8,500.00:
T. Task Order 0726a for Water Division Facility Phase 2 (Design)
with Civil Survey Consultants for $2,420.00:
U. South Area Lift Station and Pipeline Project Amendment No. 4
with CH2M HILL for $86,000:
V. Pressurized Irrigation Memorandum of Agreement with
Brighton Corporation for Paramount Commercial Southwest
Subdivision No. 1:
Meridian City Council
April 15, 2008
Page 5 of 81
W. Economic Development Coordinator Agreement between the
City of Meridian and Virtus Enterprises. LLC:
X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-
III-01-SR for Window Replacement with Western Siding for
$4,620.00:
Y. Ratification of Bid Awards Approved on April 8, 2008 with
Petra for the New City Hall Plaza:
Z. Approve Beer, Wine and Liauor License Renewals:
Carrabbas 3285 E. Pine Ave. Beer & Liquor
Super Pollo 2031 E. Fairview Ave. Beer
New Frontier 116 E. Broadway Ave. Beer & Liquor
Fiesta Guadalaja ra 704 E. Fairview Ave. Beer & Liquor
Pizza Hut #2165 675 S. Progress Beer
Pizza Hut #2166 1752 W. Cherry Ln. Beer
Baja Fresh 1440 N. Eagle Rd. Beer
Harvest Buffet 48 E. Fairview Ave. Beer & Wine
Ustick Chevron 770 W. Ustick Ave. Beer & Wine
Fred Meyer 1850 E. Fairview Ave. Beer & Wine
Round Table 499 Main St. Beer & Wine
Health Nuts 1756 W. Cherry Ln. Beer & Wine
Tobacco Conn. 450 S. Meridian Rd. Beer & Wine
Chicago Conn. 1629 N. Main St. Beer & Wine
Chicago Conn. 1935 S. Eagle Rd. Beer & Wine
Siam Thai 2951 E. Overland Rd. Beer & Wine
Quick Stuff 3010 Goldstone Dr. Beer & Wine
Strikers 324 S. Meridian Rd. Beer & Liquor
Busted Shovel 704 N. Main St. Beer & Liquor
Goodwood 1140 N. Eagle Rd. Beer & Liquor
JB's 1565 S. Meridian Rd. Beer & Liquor
Idaho Steakhouse 3560 N. Eagle Rd. Beer & Liquor
Texas Roadhouse 3801 E. Fairview Ave. Beer & Liquor
Epi's 1115 N. Main St. Beer & Wine
Wingers 1701 E. Fairview Ave. Beer & Wine
Divine Wine 2310 E. Overland Rd. Beer & Wine
127 Club 127 E. Idaho Ave. Beer & Liquor
St. Lukes 520 S. Eagle Rd. Beer & Wine
Cafe Indigo 1789 S. Eagle Rd. Beer & Liquor
AA. Budget Amendment for IT for Network Infrastructure for
the New City Hall:
Meridian City Council
April 15, 2008
Page 6 of 81
De Weerd: Okay. Item 5 is the Consent Agenda and, Council, I would note that on
Item Z on the beer, wine, and liquor license approvals, these have been reviewed and
approved by Deputy Chief Joe Silva.
Bird: And all the proper paperwork is done? Okay. Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, as I noted earlier, Item 5-X has been asked to be tabled
to the 22nd of April 2008. And with that I move that we approve all the rest of the
Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as amended.
Any discussion? Seeing none, Madam Clerk, wig you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports
A. Legal Department
1. Precious Metal Dealers License:
De Weerd: Okay. Item 6, under Department Reports, I will turn this over to Mr. Nary
with the legal department.
Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, I have a
couple of different things for you and I will try to be quick, since there is a full house
tonight. The first item, Madam Mayor, Members of the Council, is just a short
discussion item regarding precious metal dealers' license. The City Clerk's Office had
contacted me the other day, we had a person that came in to inquire about our
requirements for a precious metal dealer and we haven't issued one since 2003, so they
were a little curious about the process, because we hadn't had anybody request this
before. In my offices review of this ordinance, we believe that most of the concerns that
were trying to be addressed in this ordinance are now being addressed in the pawn
broker ordinance. If you recall a couple years ago, in conjunction with the police
department, we revised our pawn broker ordinance and requirements for licensing and
such. This particular ordinance, the way it's currently drafted, addresses -- addresses
people that deal in secondhand jewelry, precious metals, and including gold and silver,
as well as precious gems. So, the last one that was issued for the Diamond Import
Store that's up on Main Street was the last one we issued, but yet we have never
actually required that a license be issued for Lee Reed Jewelers or Fred Meyer, even