Water Main Easement with Meridian Medical Plaza, LLC for Gardner Ahlquist Gateway No. 1ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 04114108 11:08 AM
DEPUTY Viclu Allen
RECORDED-REQUEST OF III IIIIIIIIIIiIIIIIIi~'IIIIII~"II I
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this day of u~G~t, 20 D~between l~~i'/G~~l/~ ~io<<a~,~~l./ ~lC ,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
the right-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.
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
Water Main Easement WATER MAIN
EASEMENT.doc
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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:
President
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this ~7~ day of /VI~PiYUtt-- , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~ 71?O~t/1cyQ ~Gtl~~'/Sf and
known or identified to me to be the President and-Seca:etaay~, 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 writt
Q~~Y RA
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GRANTEE: CITY OF MERIDIAN
N A UBLI FOR IDAHO
Residing at 139~iW- t~vq/nv-'r~ hf f /i SP /,C7 ~~7/3
Commission Expires: // v~ Zvio
Water Main Easement WATER MAIN
EASEMENT.doc ~~~~
Tammy de Weerd, IV~
CJl: _
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 ~.5 day of m~C- , 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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Water Main Easement WATER MAIN
EASEMENT.doc
Page~£-~ --
EXHIBIT A
WATER LINE EASEMENT
FOR
CITY OF MERIDIAN
A Water Line Easement over under and across a portion of Lots 1 and 3, Block 1 of
Gardner-Ahlquist Gateway Subdivision No. 1 as recorded in Plat Book 100 at pages
12936-12940, Ada County, Idaho and situated in a portion of the Northwest 1/4 of the
Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap monument marking the Northwest corner of said Section 16,
thence along the West line of said Section 16 South 00°20'34" East a distance of 223.06
feet to a point, from which a Brass cap monument marking the West 1/4 corner of said
Section 16 bears South 00°20'34" East a distance of 2429.95 feet, thence leaving said
West line South 89°58'20" East a distance of 115.01 feet to a 1/2 inch rebar, marking the
intersection of the line common to said Lots 1, 3, and the East right-of--way line of South
Eagle Road, thence along the line common to said Lots 1 and 3 continuing
South 89°58'20" East a distance of 99.90 feet to the POINT OF BEGINNING;
Thence leaving said common line North 00°01'30" East a distance of 7.23 feet to a point;
Thence South 89°58'30" East a distance of 20.00 feet to a point;
Thence South 00°01'30" West a distance of 7.23 feet to a point on said common line;
Thence leaving said common line continuing South 00°01'30" West a distance of 9.91
feet to a point;
Thence North 89°58'30" West a distance of 20.00 feet to a point;
Thence North 00°01'30" East a distance of 9.91 feet to the POINT OF BEGINNING.
Said Water Line Easement containing 343 square feet or 0.01 acres, more or less and is
subject to all existing easements and rights-of--ways of record or implied.
END OF DESCRIPTION
Kevin N. Sorensen, PLS 11120
Timberline Surveying
847 Park Centre Way, Suite 3
Nampa, Idaho 83651
(208} 465-5687
__ __.
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Meridian City Council
March 24, 2008
Page 4 of 26
to L-O zone for Stake House by the Church of Jesus Christ of
Latter Day Saints - 5555 North Locust Grove Road:
D. Water Main Easement Aareement for Gardner Ahlauist
Gateway No. 1 by Meridian Medical Plaza, LLC:
E. Water Main Easement Agreement for 10-Mile Christian Church:
F. Change Order No. 4 for the North Black Cat Trunk Sewer with
Brown Construction, Inc. for $11,360.00:
G. Chanae Order No. 5 for the North Black Cat Trunk Sewer with
Brown Construction, Inc. for $13,952.00:
H. Task Order No. 0750 for the Sewer Main Extension at Powers
Residence with Civil Survey Consultants, Inc. for $7,490.00:
I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M
HILL for $9,973.00:
L. Temporary Construction Easement between City of Meridian
as Grantor and ACRD as Grantee for Split Corridor Phase 1:
De Weerd: Well, thank you. Okay. Item No. 5 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: With a request to remove Items J and K from the Consent Agenda and put
them onto Item 7, I hereby move that we adopt the rest of the Consent Agenda and for
the Mayor to sign and the clerk to attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports: