Water Main Easement with CTD Development, LLC for Arch Rock SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 06/18/08 11:26 AM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III IIIIII'IIIIIII'IIIII~IIIIII~II I III
Meridian Ciry 168071109
WATER MAIN EASEMENT
THIS INDENTURE, made this day of May, 2008 between CTD Development, LLC, 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, repay, 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 azea 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
Water Main Easement Arch Rock -Water Easement
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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 yeaz first herein above written.
LC
STATE OF IDAHO )
ss
County of Ada )
On this ,~~ day of May, 2008, before me, the undersigned, a Notary Public in and for said
State, personally appeared DUSTIN CAMPBELL, known or identified to me to be the Managing
Member, of CTD Development, LLC, who executed the within instrument, and acknowledged to me
CTD Development, LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz
fist above written.
~~
MARTIN McDONALD
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement
NOT
Residing at ~, : 5:.~ - 1~
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Arch Rock -Water Easement
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Managing Member
CTD Development, LLC
GRANTEE: CITY OF MERIDIAN
Tammy de
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EAL
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Attest by Jayced~iolm`an, City Cle -~~~~""""'"'~~,
Approved By City Council On:
STATE OF IDAHO,
. ss.
County of Ada )
On this ~ day of -.~L~, 2008, 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 m and and affixed y official seal the day and year first
above written.
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314 Badiola St. Caldwell, ID 83605
Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dhaizheyc~~nsen.~us
FOR: C.T.D.
J4B-NO.: FE1407
DATE: May 21, 2008
EXHIBIT A
WATER EASEI~IENT
An easement being aportion ofthe NW1/4 NWl/4 of Section 36, Township 4 North, Range 1
West, Boise Meridian,. Ada County Idaho,. morepartettlarly described as follows:
Commencing at the northwest corner of said NWl/4 NW1/4;
Thence S` 00° 14' 42" W a distance of 686.89 feet along the west boundary of said NW1/4 NW1/4
to a'point;.
Thence S 89° 26' 18" E a distance of 38.00 feet to the PAINT OF BEGINNING of said easement;
Thence continuing S 89° 26' 18" E a distance of 20.00 feet to a point;
Thence S 00° 14' 42" W a distance of 20.00. feet to a point;
Thence N 89° 2b' 18" W a distance of 20.00 feet to a point;
Thence N 00° 14' 42" E a distance of 20.00 feet. to the POINT OF BEGINNING of said easement;
This easement contains Q.009 acres, more or less
SUBJECT TO: All existing: rights of way and easements of record or implied appearing on the
above-described parcel of land.
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Meridian City Council
June 3, 2008
Page 3 of 56
De Weerd: Okay. You have a motion and a second. All those in favor say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 20, 2008 Pre-Council Meeting:
B. Approve Minutes of May 20, 2008 City Council Regular Meeting:
C. Approve Minutes of May 27, 2008 City Council Regular Meeting:
D. Findings of Fact and Conclusions of Law for Approval: SHP
08-003 Request for Short Plat approval to create 4 condominiums
in an existing 4-plex unit on 1 residential building lot on 0.15 acres
in an O-T zone for Noe Valley Condominiums by James McLean
and Karen Swett - 121 East King Street:
E. Water Main Easement Agreement for Arch Rock Subdivision
by CTD Development, LLC:
F. Resolution No. VAC 08-004 Request for
a Vacation of a portion of the public utility easements platted with
Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by
Primeland Development -Northeast Corner of West McMillan
Road and North Ten Mile Road:
G. Development Agreement: 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:
H. Change Order No. 2 to Agreement for Professional Services
with Civil Survev Consultants, Inc. for $4900.00:
I. Standard Form of Agreement with Star Construction. LLC for
Class A Reclaimed Wastewater Disinfection and Distribution
Improvements for $79,790.00:
J. Cross Access Easement Agreement for Emerctency Services
with Ten Mile Christian Church:
De Weerd: Item 5 is the Consent Agenda.
Meridian City Council
June 3, 2008
Page 4 of 56
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, Item F is resolution number 08-611 and Item 6-K has
been moved -- would like to be moved to 7-K in the regular agenda and with that I move
we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to
attest all papers.
Zaremba: Second.
De Weerd: Okay. That was a motion and a second to move 5-K to seven and the rest
as stated. Discussion? 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. Finance Department:
1. Change Order No. 2 with Hobson Fabricating
Corporation for a Not to Exceed Amount of $9,941.00:
2. Change Order No. 2 with Simplex Grinnell for a Not to
Exceed Amount of $19,499.28:
De Weerd: Item 6 we have Department Reports. Under the finance department -- we
don't have anyone here. Our --
Holman: Madam Mayor, Members of the Council, Keith Bird will not be here this --
Keith Bird. Keith Watts, I'm sorry, will not be here this evening, because he's sick.
De Weerd: Yes. He did have the flu.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have went over both these. These are -- these are not -- these are change
orders to the contract, but they are -- they are additional work that's been added, not --
not something that was left off the plans or anything like that. It's a different type. So, if