Water Main Easement with Hickory Land Partners, LLC for Hickory OfficeADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 E
BOISE IDAHO 03113108 01:46 PM
DEPUTY Paiii Thompson
RECORDED-REQUEST OF III IIII'I'III~Illlill~'IiIII'llll) I
City of Meridian
WATER MAIN EASEMENT
Hickory Land Partners LICE
THIS INDENTURE, made this 13 day of Feb. , 2p 08 between ,the pa ies 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 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
Water Main Easement EASMT WTR-
Meridian PW.doc
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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:
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STATE OF I19-AHO )
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County ofd/ )Canyon
Member
On this 13 day of February , 20 08y before me, the undersigned, a Notary Public in
and for said State, personally appeared Timothy P. Opp and
Gregory M. Brown ,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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Water Main Easement
NOTARY P B
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CITY OF MERIDIAN
Tammy dd Weerd,
Jaycee Holn~n, C
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Approved by Council on
STATE OF IDAHO,
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On this `~~ day of ~~ ,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.
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CIVIL AND STRUCTURAL ENGINEERING AND LAND SURVEYING
EXHIBIT "A"
PROJECT DESCRIPTION City of Meridian Water Easement
DATE: January 31, 2008
PROJECT: 1020 N. Hickory Ave.
A parcel of land being a part of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision, as shown in Book 74 of Plats
at Pages 7664 and 7665, Ada County Records, located in the NE 1/4 of Section 8, 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. 7521457, marking the C 1/4 corner of said Section 8;
Thence South 89°54'01" East coincident with the south line of said NE 1/4 of Section 8, a distance of 1223.89 feet;
Thence North 0°24'45" East, 442.08 feet;
Thence North 89°54'01" West, 307.59 feet;
Thence North 0°24'45" East, 252.61 feet to the southeast corner of said Lot 9, Block 2, of Gemtone Center No. 2
Subdivision;
Thence continuing North 0°24'45" East coincident with the east line of said Lot 9, Block 2, of Gemtone Center No.
2 Subdivision, 113.00 feet to the northeast corner of said Lot 9, Block 2, of Gemtone Center No. 2 Subdivision;
Thence North 89°35' 15" West coincident with the north line of said Lot 9, Block 2, of Gemtone Center No. 2
Subdivision, 254.76 feet to the northwest corner of said Lot 9, Block 2, of Gemtone Center No. 2 Subdivision;
Thence South 0°01'48" West coincident with the west line of said Lot 9, Block 2, of Gemtone Center No. 2
Subdivision, 18.00 feet to the POINT OF BEGINNING;
Thence South 89°35' 15" East parallel with said north line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
87.31 feet;
Thence South 0°01'48" West parallel with said west line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
45.48 feet;
Thence North 89°35' 15" West parallel with said north line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
20.00 feet;
Thence North 0°01'48" East parallel with said west line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
25.48 feet;
Thence North 89°35' 15" West parallel with said north line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
67.31 feet to said west line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision;
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CIVIL AND STRUCTURAL ENGINEERING AND LAND SURVEYING
Thence North 0°01'48" East coincident with said west line of Lot 9, Block 2, of Gemtone Center No. 2 Subdivision,
20.00 feet to the POINT OF BEGINNING.
The above described parcel contains 2256 square feet more or less.
Together with and subject to covenants, easements and restrictions of record.
Note: This legal description was written without the benefit of a field survey by the registrant whose name is shown
hereon, but was written based on said Plat of Gemtone Center No. 2 Subdivision.
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EXHIBIT "B "
CITY WATER EASEMENT FOR
1020 N. HICKORY AVE.
A PORTION OF THE LOT 9, BLOCK 2, OF GEMTONE CENTER N0. 2 SUBDIVISION
A PORTION OF THE NE 1/4 OF SECTION 8
T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO
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Meridian City Council
February 26, 2008
Page 2 of 81
enjoy at thy hand, for the opportunity to live in this wonderful community. We ask thee
to bless the people who serve diligently in our behalf as citizens. Wilt thou bless them
with wisdom and understanding in making the decisions that come before them. We
ask thee, Father, that those who will speak here tonight may do so clearly and
effectively to convey their message and those who are listening might do so clearly with
discernment and understanding. We ask thee to bless the families of those who are
here while they are separated from them, that no harm or accident may come to them.
These favors and blessings, Father, we ask and do in the name of thy son, Jesus
Christ, amen.
Item 4: Adoption of the Agenda:
De Weerd: Bishop, we'd like to thank you again for joining us. Okay. Item No. 4 is
adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would ask that we note that on Item F of the Consent Agenda, the grand
total that we are being asked to approve is four times the amount printed for 125,944
dollars. And with that I move that we approve the agenda as published.
Rountree: Second.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as amended.
All those favor say aye. All ayes. Motion carries.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of January 22, 2008 Pre-Council Meeting:
B. Approve Minutes of February 1, 2008 City Council Special
Meeting:
C. Approve Pedestrian Pathway Easement Aareement with Ten
Mile Center. LLC for McNelis Subdivision:
D. Water Main Easement Aareement for Hickory Office by Hickory
Land Partners, LLC:
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Meridian City Council
February 26, 2008
Page 3 of 81
E. Task Order No. 2.1 for the Ten Mile Creek Crossing
Replacement with JUB Engineers, Inc. for $13,270:
F. Black Cat Water Main Reimbursement Agreement with
Primeland Development, Keego Springs, Pole Creek
Properties, and Dyver Development for $31,486 each:
G. Task Order 0733 with Hvdro Logic, LLC for Well 28 Test and
Production Well Design, Development and Inspection for a
Cost Not to Exceed $57,420:
H. Task Order 0732 with Hvdro Logic, LLC for Well 14
Rehabilitation Design for a Cost Not to Exceed $25,000:
De Weerd: Item 5 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Again, with a note that Item F is for a grand total of 125,944 dollars, I move
that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to adopt the Consent Agenda as
noted. If there is no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Item 6: Department Reports
A. Legal Department /Police Department:
1. Tabled from February 19, 2008: Presentation on Police
Pay Plan by Bill Nary and Jeff Lavey:
De Weerd: Thank you. Okay. Item 6 under Department Reports. We'll kick it off with
legal.