Water Main Easement with Kimball Properties, LP for CPA Investments BuildingADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 04/14108 11:08 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I'llllllll'lll'll'I'IIIIIIIIII I I
Meridian City 108043085
WATER MAIN EASEMENT
THIS INDENTURE, made this ~Hday of ~d, 20~between ~~"^~~t r'"~~S ~, 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.
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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:
~esider~t !~ t-~-
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Secretary
STATE OF IDAHO )
ss
County of Ada )
On this day of
and for said State, personally appeare
known or identified to
corporation that executed the within in.
executed the same.
20_, before me, the undersigned, a Notary Public in
to be the President and Secretary, respectively, of the
n~,pt, and acknowledged to me that such corporation
IN WITNESS WHEREOF, I have hereunto set my hard and affixed my official seal the day and year
fist above written. ~
(SEAL) NOTARY PUBLIC
Residing at
Commission Expires:
Water Main Easement
IDAHO
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State of Idaho )
ss.
County of Ada )
On this l/J~'" 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 duly acknowledged to me that he executed the within
instrument on behalf of said partnership and that said partnership executed the same.
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by Jayc¢~ Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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On this day of A pr ~ ~ , 20_, before me, the undersigned, a
Notary Public in and for said State, personally 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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Consulting, Inc.
March 18, 2008
Page 1 of 1
EXHIBIT A
Parcel "A", Record of Survey No. 6671
(Adjusted Lot 8, Block 1 of Bonito Subdivision)
Water Line Easement
A 20 foot wide water line easement across a portion of Parcel "A" as shown on Record of Survey
No. 6671, Instrument No. 104134825 of Ada County Records, said parcel being a portion of Lot
8, Block 1 of Bonito Subdivision as recorded in Book 86 at pages 9783-9788 Ada County
Records and being situated in the Northeast %4 of Section 20, Township 3 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows:
Beginning at the Northeast corner of said Parcel "A", said Northeast corner also being a point on
the westerly Right-of--Way of South Bonito Way and being the POINT OF BEGINNING;
thence along the East line of said Parcel
20.08 feet along a curve to the left, said curve having a radius of 237.00 feet, a delta angle of
4°51'20" and a chord bearing and distance of South 3°22'49" East 20.08 feet, thence
leaving said East line
South 81°33'02" West 17.65 feet, thence
North 90°00'00" West 50.70 feet, thence
South 0°00'00" East 16.24 feet, thence
North 90°00'00" West 20.00 feet, thence
North 0°00'00" East 36.24 feet, thence
North 90°00'00" East 69.22 feet, thence
North 81°33'02" East 17.95 feet to the POINT OF BEGINNING.
Said easement contains 2,077 square feet or 0.05 acres more or less.
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EXHIBIT A ~
PARCEL "A" RECORD OF SURVEY N0. 6671 ~ ~
(ADJUSTED LOT 8, BLOCK 1 OF BONITO SUBDIVISION) ^~ Q u a d r a n t
WATER EASEMENT Consulting, Inc.
AN EASEMENT SITUATED IN THE NORTHEAST Ya OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST ~ ~ adwarros~
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO (~) ~-~ p!~ ~~) J~2-oaa2 Fix
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 Liquor License Renewals:
Sizzler #215 3380 N. Eagle Rd. Beer & Wine
The Big Smoke 234 W. Franklin Rd. Beer & Wine
Red Robin 1475 N. Eagle Rd. Beer & Liquor
Applebees Grill 1460 N. Eagle Rd. Beer Sz Liquor
Sa-wad-dee 1890 E. Fairview Ave. Beer & Liquor
Jacksons #1 412 Fairview Ave. Beer & Wine
Jacksons #11 1585 Me ridian Rd. Beer Sl Wine
Jacksons #35 522 W. Cherry Lane Beer & Wine
Jacksons #56 66 E. State St. Beer & Wine
Jacksons #97 3100 E. Magic View Beer & Wine
Jacksons #98 1950 E. Fairview Ave. Beer & Wine
Jacksons #99 180 E. Central Dr. Beer & Wine
Jacksons #105 3291 E. Pine St. Beer & Wine
Jacksons #118 1651 W. Franklin Rd. Beer & Wine
Wal-Mart #2862 4051 E. Fairview Ave. 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