Water Main Easement with DBSI Meridian I-84, LLC for Kennedy Commercial SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 07!15108 04:33 PM
DEPUTY usa Irby
RECORDED-REQUEST OF III IIII'IIIIIiIilllllllllllllllll I
Meridian Cary
WATER MAIN EASEMENT
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THIS INDENTURE, made this day o 2(I~between T. ~~. ~At,,.th2e parties of
the first part, and hereinafter called the Grant rs, 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
effect and shall be completely relinquished.
Water Main Easement easmt wtr main.doc
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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:
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Secretary
STATE OF IDAHO )
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County of Ada )
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On this ~_ day of~_~(,._n-~-- 0~, before me, the undersigned, a Notary Public in
and for said State, personally appeared cz ~ r-- and
,known or identified to me to be h ~~,n~~d'9eere~er~, respectively, of the
corporation that executed the within instrument, a ac rnow 2Yge`d 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
f ~r above written.
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Water Main Easement easmt wtr main.doc
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by Ja~rke Holman, City
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
On this Z day of v~'~- , 20 ~efore 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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(SEAL) . ~c,,; ,~ ,, NOTARY PUBLIC FOR IDAHO
Residing at:_('`„ 1 ~,~ ~1.~ l1'~
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Water Main Easement easmt wtr main.doc
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
Boise®toengrco.com
Project No: 07041
Date: May 29, 2008
Page: 1 of 1
EXHIBIT "A"
City of Meridian -Water Easement
A strip of land situated in the Southeast Quarter of the Southwest Quarter of Section 13,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being
more particularly described as follows:
COMMENCING at the Quarter corner common to Sections 13 and 24 of Township 3 North,
Range 1 West, Boise Meridian, from which the center of said Section 13 bears, N.00°30'29"E.,
2666.31 feet; thence, along the north/south centerline of said Section 13,
A) N.00°30'29"E., 608.31 feet; thence, leaving said centerline,
B) N.89°40'57"W., 251.54 feet to the POINT OF BEGINNING; thence,
1) 5.45°00'00"E., 65.12 feet; thence,
2) 5.00°00'00"W., 28.54 feet; thence,
3) N.90°00'00"W., 20.00 feet; thence,
4) N.00°00'00"E., 20.25 feet; thence,
5) N.45°00'00"W., 48.61 feet; thence,
6) N.89°40'57"W., 256.87 feet; thence,
7) S.45°19'03"W., 21.88 feet to the beginning of anon-tangent curve; thence,
8) Northeasterly along said curve to the left, having a radius of 79.50 feet, an arc length
of 36.81 feet, through a central angle of 26°31'36", of which the long chord bears
N.13°49'47"E., 36.48 feet; thence, along a line non-tangent from said curve,
9) 5.89°40'57"E., 207.70 feet; thence,
10)N.00°19'03"E., 5.00 feet; thence,
11) 5.89°40'57"E., 20.00 feet; thence,
12) S.00°19'30"W., 5.00 feet; thence,
13) S.89°40'57"E., 44.34 feet to the POINT OF BEGINNING
CONTAINING: 7, 171 square feet, more or less.
SUBJECT TO: All Rights, Rights-of--Way and any Easements of Record.
See Exhibit "B", which by reference is herby made a part of this description.
H:\07041\WPfiles\SURVEY\ExhA-Water Esmt.doc
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Meridian Ciry Council
June 24, 2008
Page 2 of 60
participate therein and that the decisions that are made would be for the betterment of
this community and would be pleasing in thy site. We are so grateful for the men and
women in the armed services and for their sacrifices in defense of our country and pray
that thou would watch over and bless and sustain them and that we may know how we
can -- how we can support them as well. We love thee. We love this wonderful land
that we live in and for the freedoms that we enjoy. Would thou bless, again, watch over
the proceedings of this Council meeting this evening and we dedicate this meeting unto
thee and do so in the name of thy son, Jesus Christ, amen.
De Weerd: Thank you, Bishop Wheeler. And I have a new City of Meridian pin to
present to you and thank you for joining us.
4. Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a few notes on the Consent Agenda, Item 5-E, for the record the amount
of the contract is 2,500 dollars. To the agenda we wish to add, under Department
Reports, an Item 6-B, which will be a Planning Department report on the letter to the
Kuna City Council. Item 15, the National Electric Code, has been requested to vacate
and come back to us on July 8th. So, we are not discussing that tonight. Item 16, the
proposed ordinance number is 08-0371. With those changes I move that we adopt the
agenda.
Bird: Second.
De Weerd: Okay. I have. a motion and a second to approve the agenda as amended.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of June 10, 2008 City Council Special Workshop
Meeting:
B. Sanitary Sewer and Water Main Easement Agreement for
Kennedy Commercial Subdivision by DBSI Meridian I-84, LLC:
C. Sanitary Sewer Easement Agreement for Kennedy Commercial
Subdivision by DBSI Meridian I-84, LLC:
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Meridian City Council
June 24, 2008
Page 3 of 60
D. Water Main Easement Agreement for Kennedy Commercial
Subdivision by DBSI Meridian I-84, LLC:
E. Professional Services Contract with Delta James & Sage for
Public Art Selection:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Noting, again, that Item 5-E, the contract amount is 2,500 dollars, I move that
we adopt the Consent Agenda -- accept 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 approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
De Weerd: Okay. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Public Works Department:
1. Budget Amendment for Lead WWTP Operator:
2. Budget Amendment for Capital Projects Manager:
3. Discussion of Five Mile Creek Restoration Project:
De Weerd: Item 6 under A, we have our Public Works Department. I'll turn this over to
Mr. Barry.
Barry: Thank you, Madam Mayor, Members of the Council. Tom Barry, Public Works
Department. We have three items on the agenda this evening for your consideration.
The first is a budget amendment for the reclassification of the two wastewater treatment
operator positions to lead wastewater operators at the wastewater treatment plant.
These particular positions would provide us an opportunity in the wastewater treatment
plant to supervise and evaluate and schedule the duties, along with the existing duties