Water Main Easement with Woodland Springs, LLC for Woodland Springs SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08/28/08 10:56 AM
DEPUTY Lisa Irby
RECORDED-REQUEST OF III II~I'llllllllllll'IIIIII'llll II II
Meridian City 1 ~$~~~~'`~~
WATER MAIN EASEMENT
THIS INDENTURE, made this a~f day of~, 20 ~ between Utbocl~Q~XI `i~~ sl'~C, the party of
the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the
second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the G rantor d esires t o p rovide a w ater m ain r fight-of--way a cross t he p remises a nd
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 Grantor, and other good
and valuable consideration, the Grantor does 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 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 G RANTOR h ereby c ovenants a nd a grees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted 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 W`TR (2).doc
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THE GRANTOR does 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 party of the first part have hereunto subscribed its signature the
day and year first herein above written.
~h
On this ~ 9 day of u ~ , 20 ~~, before me, the undersigned, a Notary Public in
and for said State, personally app ared >'17~~' ~~'"~-r't >
lrnown or identified to me to be the member, respectively, of the limited liability company that
executed the within instrument, and aclmowledged to me that such limited liability company 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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GRANTEE: CITY OF MERIDIAN
Water Main Easement EASMT WTR (2).doc
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STATE OF IDAHO )
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Approved by Council on : ''~ ~ ~~`\``
STATE OF IDAHO, )
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County of Ada, )
On this J~ day of tt~ S~ ,20 O~ before me, the undersigned, a
Notary Public in and for the State of Id o, 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 affixed my official seal the
day and year first above written.
SEAL ; ~`S; ~O T~q '~-'~'~;
'~'~ ~.~; otary Public or Ida o
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Page 2 of~
332 N. Broadmore Way
& ~r~n~n,~~v~ ~,~~: Nampa, ID 83687
Ph: (208) 442-6300 • Fax: (208) 466-0944
Project: 007175
Date: July 22, 2008
Page: 1 of 1
Exhibit "A "
(Sanitaf y Sewer & Wate~° Main Easement)
This easement is situated in a portion of the SW1/4 of the SW1/4 of Section 29, Township 4
North, Range 1 East of the Boise Meridian, Ada County, Idaho and is more particularly
described as follows:
COMMENCING at a brass cap monument marking the southwest corner of said SW1/4 of the
SW 1/4, said point referenced in C.P. & F. instrument No. 98117251 on file in the Office of the
Recorder, Ada County; thence along the south boundary of said SW1/4 of the SW1/4,
A) S.89°12'28"E., 485.46 feet; thence,
1) N.02°12'41 "F,., 132.27 feet; thence,
2) N.89°34'38"W., 1.0.00 feet to a point on an existing Sanitary Sewer and Water
Main L;asement described in Instrument No. 108076616; thence along said
Instrument No. 108076616,
3) N.89°34'38"W., 22.79 feet; thence,
4) N.00°25'22"E., 14.64 feet; thence,
5) N.89°34'38"W., 10.00 feet to the POINT OF BEGINNING; thence,
B) 5.00°25'22"W., 14.64 feet; thence,
1) N.89°34'38"W., 11.54 feet; thence,
2} N.00°25'22"E., 14.64 feet.; thence,
3) 5.89°34'38"E., 11.54 feet to the POINT OF BED
L:\Project Files\C07175\Survey\I,EGAL DESCRIPTIONS\Exhibit Asewer-water esmt.doc ~
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SEWER & WATER UTILITY EASEMENT
A PORTION OF THE SW 1/4 OF THE SW 1/4 OF SECTION 29 ~
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN ~
CITY OF MERIDIAN, ADA COUNTY, IDAHO I
2008
40' 20' 0 40' 80'
SCALE: 1" = 80'
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FUTURE PHASE ~
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FxrsriNC ~ ~---~--I~----~~--~ I
SAN/TARY SEWER
ANO WATER MA/N
EASEMENT.
/NSTRUMENT
NO. 108076616 ~ I i
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N89:34 38 "1N
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,,~~ ~~ ~ ~ POINT OF BEGINNING L
® ~ ~ S89 34 ;38 "E 50025 22 "W
11.54" 14.64"
N002522 E
14.64' L - -
PHASE 1 N89 :34 38'2Y /
11.54'/
N89:34 :38'2v
22.79'
POINT OF COMMENCEMENT
EAST McMILLAN ROAD
30 29
31 32 CP&F #981 17251 S89' 12'28"E 485.46'
PROJECT No. EXHIBIT 'B' FOR
C07175 pre; ,w~v 2z. Zoos
WOODLAND SPRINGS SZIB. S~ ~~~~~
SHEET SEWER & WATER UTILITY EASEMENT ~,.:JS IEVe s~
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MERIDIAN IDAHO cxmKm ar F. BROWNEI
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4
Meridian City Council Special Meeting
August 5, 2008
Page 2 of 7
Miss Tammy. Also, under Item 9 we'll be discussing the amended FY08 budget.
Council I do need a motion on adoption of the agenda.
Borton: Madam Mayor.
De Weerd: Mr. Borton.
Borton: I move we adopt the agenda as amended with your comment.
Rountree: Second.
De Weerd: I have a motion and a second. All those in favor say aye. Did I hear an aye
from Mr. Bird?
Bird: Sure did.
MOTION CARRIED: ALL AYES
Item 4. Consent Agenda:
A. Approve Minutes of July 15, 2008 City Council Special Workshop:
B. Approve Beer and Liauor License for Idaho Dave's BBQ Inc.,
dba Famous Dave's Restaurant, located at 3510 N. Eagle Rd.,
Meridian, Idaho 83642:
C. Water Main Easement Agreement for Western States
Expansion by Terteling Trust No. 7:
D. License Agreement with Nampa Meridian Irrigation District for
Ten Mile Drain, Nine Mile Drain, Eight Mile Lateral and Finch
Lateral:
E. Water Easement Agreement for Lewis & Clark Middle School
by Joint School District No. 2:
F. Traffic Signal Construction, Installation, and Maintenance
Agreement for Meridian Fire Station No. 5 with ACHD:
G'. Water Main Easement Agreement for Woodland Springs by
Woodland Springs, LLC:
H. Directive Approval for Weed Abatement. 238 West Washington
Street:
I. Directive Approval for Weed Abatement. 2 Rose Circle:
Meridian City Council Special Meeting
August 5, 2008
Page 3 of 7
J. Award of Bid and Approval of Agreement for Independent
Contractor Services to ABM Janitorial for Final Cleaning
Package for New City Hall for $13,900.00:
K. Award of PDU & UPS Systems per Bid #IT-08-004 to CompuNet
for $46,780.00:
L. Approve Beer & Wine License for JTS, Inc. dba Miss Tami's
Tea Room, located at 1031 N. Main Street, Meridian, ID 83642:
De Weerd: Item 4 is the Consent Agenda.
Bird: Madam Mayor.
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda as published with the addition of the beer
and wine license for JTS, Inc. doing business as Miss Tami's Tea Room with the Mayor
to sign and the Clerk to attest.
Rountree: Second.
De Weerd: Okay a motion and a second. Any discussion? Hearing none. Madam
Clerk will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES
De Weerd: There are no Department Reports nor Items moved from the Consent
Agenda.
Item 7. .Continued Public Hearing from June 24, 2008: Draft 2008 Annual
Action Plan, Community Development Block Grant (CDBG) Program:
De Weerd: Item Number 7 is a continued public hearing from June 24th on the Draft
2008 Annual Action Plan for our CDBG Program. Sarah.
Wheeler: Madam Mayor and Members of Council -
De Weerd: Sarah if we could get you to come stand over here where we have the
recorder that would be really good.