Water Main Easement with Idaho Dave's BBQ, Inc. for Famous Dave's BBQADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 04/24/08 03:13 PM
RECORDED~nREQUEST OiF II I ~ I II II II I I II I I III I I I II II II I I II I III
Meridian Cily i 0E#04~~~5
WATER MAIN EASEMENT
THIS INDENTURE, made this 2'1 day of MARcN , 20 0~ between t~ A~4~ '~A~E s 8I3c~ ~~N c . ,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.
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 adj acent 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
easmt wtr main.doc
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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 of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
~~.u
President
Secretary
STATE OF )
Mo(~TANA ) SS
`j~a.a.+ fTOy C-
County of ~a )
On this 21 day of MR~ctk , 20 0'~ ,before me, the undersigned, a Notary Public in
and for said State, personally appeared i'AT R~ c~ w .2tia,N and
?A'~Wck w. R~nN ,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.
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2' ~o ~p ~ ~C'~ y r 1 DrirJ
P~~~RTii~L ~: NOTARY PUBLIC FORS MoN~cRNI!
;_;~p,~ Residing at tai I [ ~ t~1q S • M-('
~~ ~. ~ ..- ' Commission Expires W • ~ - ~-I
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Water Main Easement easmt wtr main.doc
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CITY OF MERIDIAN
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Tammy de W
Jaycee Holm24~h, City Clerk ~ -~~
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Approved by Council on : 1..~
STATE OF IDAHO,
County of Ada, )
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On this ~rJ~'day of A r~r ~ ~ ,20~g before me, the undersigned, a
Notary Public in and for the State off' 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.
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EXHIBIT A
FOR: Idaho Dave's BBQ, Inc.
JOB NO.: MR0908
DATE: Apri14, 2008
WATER EASEMENT
An easement being a portion of Lot 8 of Block 1 of the Smitchger Subdivision as on file in Book
92 of Plats at Pages 11,000 through 11,003 in the Office of the Recorder of Ada County, Idaho,
said subdivision located in the SW 1/4 SW 1/4 of Section 33, Township 4 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the Southwest corner of Lot 7 Block 1, said corner monumented with a 1/2 inch
diameter iron pin;
Thence along the easterly right-of-way of N. Eagle Road the following courses and distances;
Thence N. O1 ° 50' S2" E. a distance of 1.78 feet to a point monumented with an ITD ROW brass
dish;
Thence N. 00° 30' 25" E. a distance of 245.53 feet to a point;
Thence N 07° 55' 31" E a distance of 92.94 feet to a point;
Thence N 00° 30' 25" E a distance of 36.19 feet to a point;
Thence leaving said easterly right-of--way S 89° 30' 47" E for a distance of 200.25 feet to a point;
Thence S 00° 29' 13" W a distance of 101.09 feet to the POINT OF BEGII~TNING of said
easement;
Thence S 00° 29' 13" W a distance of 25.00 feet to a point;
'Thence N 89°
Thence S 00° 30' 47"
29' 13" W a distance of 5.00 feet to a point;
W a distance of 28.22 feet to a point; A~ ~
~a1ST
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Thence N 89°
Thence N 00°
Thence s 89° 29' 35"
29' 13"
30' 47" W a distance of 38.00 feet to a point;
E a distance of 19.73 feet to a point;
E a distance of 18.00 feet to a point;
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Thence N 00° 29' 13" E a distance of 33.47 feet to a point;
Thence S 89° 30' 47" E a distance of 25.00 feet to the POINT OF BEGINNING of said easement;
This easement contains 0.035 acres more or less.
Also, this easement is subject to all easements and rights-of--way of record or implied.
MASON ~STANFI~.LD.INC•
ENGINEERS, SURVEYORS, & PLANNERS
Page 1 of 1
Page
WATER EASEMENT EX~-iIBIT B
LOCATED IN THE SW 7/4 SW 7/4, SECTION 33, T. 4 N., R. 1 E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
2008
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Nes3o'47"w
25.00
50079'13"W
33.47'
N89 :30'47"W
18.00'
S0079'13"W
19.73'
38.00"
N897935 W --
200.25' ~ 94.17'
I
31
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Portion of Lot 8 Bfock 1 A
of Smitchger Subdivision cif ~'
~i New Water Easement J
I X0.035 Ac. 1,5451 Sq Ft
Point of Beginning
S007~'13"W
25.OD
89 30'47"W 3
.00' ;'
007~4'13"W
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~ existing Water Eosement ____ ~
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f 58.37 148.11'
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SEE DE7Att
sw comer of tAt 7 stoat ~ DETAIL "A"
of Smitchger Subdivfsia~ N. T $.
N89 30'47"W 294.42'
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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 ~ Lochsa Falls by D.T. Campbell Investments - 5555
North Linder Road:
L. Water Main Easement Aqreement 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 Aqreement for
Paramount Commercial by Ustick Marketplace, LLC:
O. Sanitary Sewer and Water Main Easement Aqreement for
Pinebridge by DMB Investments, LLC:
P. Sanitary Sewer and Water Main Easement Aqreement for
Devon Park No. 3 by Fairview Lakes, LLC:
Q. Change Order No 1 for the Black Cat Trunk Sewer Phase 4
Schedule B&C (Construction) with Knife River for $12,021.0 8:
R. Chanqe 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 8~ 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, will 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