Water Main Easement with Kimball Properties, LP for El Dorado Building No. 7ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 04/14108 11:08 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIII'IIIIIIIIIIIIII~IIIlllll III
Meridian Ciry 1 ~$~~~~$~
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day o~ 20~between {cc ~b~~ f l~du~t~s L.1~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 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~ :~.
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:
P~2Sifl@PIt p yy-f y~Lr
~~~
Secretary
STATE OF IDAHO )
County of Ada )
On this day of , 2007, before me, the undersigned, a Notary Public in
and for said State, personally peared and
known or identi d to me to be the President and Secretary, respectively, of the
corporation that executed the within ' strument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year
fist above written.
(SEAL)
NOTARY PUBLIC
Residing at
Commission Expires:
IDAHO
Water Main Easement EASMT
WTR CITY OF MERIDIAN
State of Idaho )
ss.
County of Ada )
On this~~ day of March, 2008, before me, the undersigned, a Notary Public in and for said State,
personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties
Limited Partnership, a partnership, and he dul acknowledged to me that he executed the within
instrument on behalf of said partnership~{~~~~partnership executed the same.
CITY OF MERIDIAN
Tammy
Jaycee Hoban, City Clerk
Approved by Council on
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STATE OF IDAHO,
County of Ada, )
ss.
On this ~~ day of A Irl ~ ,20 ~g before me, the undersigned, a
Notary Public in and for the State o 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 axed my official seal the
day and year fir:~~l~q~.~ri~t::n.
M. G,~ ~.
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March 24, 2008
EXHIBIT A
WATER LINE EASEMENT
Lot 1, Block 2 of Bonito Subdivision
~~
^^ 6~uadrarit
Consulting, Inc.
A 20.00 foot wide easement located in Lot 1, Block 2 of Bonito Subdivision as recorded
in Book 86 of Plats at Pages 9783-9788 Ada County records, situated in the Southeast %.
of the Northwest'/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City
of Meridian, Ada County, Idaho, being more particulazly described as follows:
Commencing at Southeast corner of said Lot 1, thence North 89°45' 15" West 67.34 feet
along the South line of said Lot 1 to the POINT OF BEGINNING, thence continuing
along said South line the following two courses,
North 89°45' 15" West 16.54 feet; thence .
Along a curve to the night 3.46 feet, said curve having a radius Of 463.00 feet, a delta
angle of 00°25'43" and a chord bearing North 89°32'23" West 3.46 feet; thence
North O1°37'52" West 34.03 feet; thence
North 90°00'00" East 37.49 feet; thence
North 00°00'00" East 216.27 feet; thence
North 90°00'00" East 26.63 feet; thence
South 00°00'00" East 20.00 feet; thence
North 90°00'00" West 6.63 feet; thence
South 00°00'00" West 212.84 feet; thence
North 90°00'00" West 37.01 feet; thence
South O1°37'52" East 17.55 feet to the POINT OF BEGINNING.
Said easement contains 5,757 square feet or 0.13 acres more or less.
1904 w. Overland Boise, ID 83705 • Phone (208) 342-0091 Fax (208) 342-0092 • Email: quadrant~quadrant.cc
Civil Engineering Surveying Construction Management
CURVE TABLE
CURVE LENGTH RADIUS DELTA BEARING CHO
C1 3.46 463.00 0'25'43" S89'32'23"E
LINE TABLE
LINE BEARING LENGTH
L1 N89'45'15"W 16.54
L2 N01'37'S2"W 34.03
L3 N90'00'00"E 37.49
L4 N90'00'00"E 26.63
L5 S00'00'00"E 20.00
L6 S90'00'00"W 6.63
L7 N90'00'00"W 37.01
LS S01'37'52"E 17.55
LOT 1
B L O C K 2
I
WATER LINE EASEMENT
(5,757 S.F. OR 0.13 ACRES)
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WATER LINE EASEMENT ~~
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. LOT 1, BLOCK 2, BONITO SUBDIVISION C o n s u Iti n g, I n c.
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Bois0. ~doM1o 83705
ATE: March 24, 2008 SOB NO. 212-49 BUILDING_7_WATER_EASEMENT.dwg (7oe) 3~7-0091 PHONE (a0e) 341-oosa Fur
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Meridian City Council
April 1, 2008
Page 3 of 52
Item 5: Consent Agenda:
A. Approve Minutes of February 26, 2008 City Council Regular
Meeting:
B. Findings of Fact and Conclusions of Law for Denial: RZ 07-
020 Request for Rezone of 10.1 acres from R-4 to R-40 zoning
district for Selway Apartments by Meridian Apartments, LLC -
west of North Goddard Creek Road and north of McMillan Road:
C. Findings of Fact and Conclusions of Law for Approval: RZ 07-
023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for
Blackstone No. 2 by Landmark Engineering and Planning, Inc. -
4700 West Aspen Creek Street:
D. Findings of Fact and Conclusions of Law for Approval: PFP
07-004 Request for Combined Preliminary /Final Plat approval of 3
residential lots on 0.59 of an acre located in the R-4 zoning district
for Blackstone No. 2 by Landmark Engineering and Planning,
Inc. - 4700 West Aspen Creek Street:
E. Findings of Fact and Conclusions of Law for Approval: AZ 07-
020 Request for Annexation and Zoning of 21.81 acres from RUT
to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC
- Northwest Corner of East Ustick Road and North Locust Grove
Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 07-
027 Request for a Preliminary Plat approval with 3 residential
building lots and 1 common lot in a proposed R-15 zone for Chalet
Marseilles by RC Meridian Partners, LLC -Northwest Corner of
East Ustick Road and North Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
07-023 Request for Conditional Use Permit for 122 multi-family
dwelling units in a proposed R-15 zone on approximately 21.8
acres for Chalet Marseilles by RC Meridian Partners, LLC -
Northwest Corner of East Ustick Road and North Locust Grove
Road:
J. Water Main Easement Agreement for EI Dorado Building No.
7 by Kimball Properties, LP:
K. Resolution No. Travel Policy:
Meridian City Council
April 1, 2008
Page 4 of 52
L.
M.
Water Main Easement Agreement for CPA Investments
Building by Kimball Properties, LP:
Approve Beer, Wine and Liauor License Renewals:
Sizzler #215
The Big Smoke
Red Robin
Applebees Grill
Sa-wad-dee
Jacksons #1
Jacksons #11
Jacksons #35
Jacksons #56
Jacksons #97
Jacksons #98
Jacksons #99
Jacksons #105
Jacksons #118
Wal-Mart #2862
3380 N. Eagle Rd.
234 W. Franklin Rd.
1475 N. Eagle Rd.
1460 N. Eagle Rd.
1890 E. Fairview Ave.
412 Fairview Ave.
1585 Me ridian Rd.
522 W. Cherry Lane
66 E. State St.
3100 E. Magic View
1950 E. Fairview Ave.
180 E. Central Dr.
3291 E. Pine St.
1651 W. Franklin Rd.
4051 E. Fairview Ave.
Beer & Wine
Beer & Wine
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
N. Approve Beer, Wine Transfer of Owner License Application
from Sidelines to Firehouse Pub and Grill, LLC, 1767 W.
Franklin Rd., Suite 180, Meridian, 83642:
O. Permanent Easement Contract for the Sewer Main Extension at
Powers Residence Project with Lyle H. Powers for $10,076.85:
Zaremba: Next item on the agenda is the Consent Agenda.
Bird: Mr. Vice-president?
Zaremba: Councilman Bird.
Bird: I move that we approve the agenda -- Consent Agenda with the removal of H and
I to next week's budget to department. Item K is -- the number resolution is 08-605.
Vacate the Corona Village beer, wine and liquor license from M. And with that I move
that we approve the revised Consent Agenda and for the Vice-president to sign and
Clerk to attest.
Borton: Second.
Zaremba: Okay. We have a motion and a second to approve the Consent Agenda as
amended. I don't know if I caught it, but to clarify, the one that's being removed from
Item M is Corona Village.
Meridian City Council
April 1, 2008
Page 5 of 52
Bird: Yes.
Zaremba: Okay. All in favor say aye. Any opposed? Motion carries. Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Planning Department
1. Collecting Fees for Development Agreements:
Zaremba: That does bring us to our budget reports. Item 6-A is a report from P&Z.
Director Canning.
Canning: Vice-president Zaremba, no, actually, the Planning Department report was on
a different issue. The budget items were just vacated, so we can fix them and bring
them back.
Zaremba: Oh.
Bird: Yeah. They were vacated until next week under department reports.
Zaremba: I didn't realize you were talking about the same thing. Okay.
Canning: Thank you for allowing me this brief department report. You recently
approved new fee schedule and one of the new fees that I mentioned to you was a fee
for development agreements and we have been racking our brains trying to figure out
when and where and how to collect this and we have run into kind of two major choices
and we just wanted to know from Council which way you would like to go. They are --
it's just something we could use guidance on. The two choices would appear to be to
collect it at the time of application for any annexation and rezone and, practically, we
are having a DA with any annexation or rezone these days. If that were ever to change
we could, of course, change when we collect it, but that would seem to be the easiest.
We could, then, refund the fee if there was no development agreement needed in the
end. But I do think that that would be a rare instance currently. We recommend -- if
that's the approach you'd like take, we could recommend that any projects in process
would not be subject to the DA fee, but that any new annexation and rezones we will
just collect the development agreement fee and implement it that way. The other choice
would be to do it prior to adoption of the ordinance -- or prior to you approving the DA.
And this would require some very careful coordination between the clerks, the
attorneys, and the planning department all at the same time and we are just a little
worried it might get a little too confusing and that we might miss some fees or slow
down a project and we never like to do that, so -- but if that's the scenario you'd like to
go, then, we'd recommend that we will start informing applicants on projects from today