Water Main Easement with Fullmer, Jeff for The Cottages (2)AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 09!26108 01:59 PM
DEPUTY Vicki Allen II I I I II ~I II I I I II II II I I I II I III I II I I III
REI±ORDED-REQUEST OF 10$10425
Meridian Ciry
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~, 20~between ~~f7 rk~~1hC~ ,the parties of
the first art and hereinafter called the Grantors,`and the City of Meridian, Ada County, Idaho, the party of
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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 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
Page~.o
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.
Secretary
STATE OF IDAHO )
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County of Ada )
On this o~/~b day of ~µ s ~ , 206$ before me, the undersigned, a Notary Public in
and for said State, personally ppeared k
known or identified to me to be the
lhdtr~a4a`~~~ that executed the within instrument, and acknowledged to me that such oerpereetie~ Ir~i/IgUaa
executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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Water Main Easement easmt wtr main.doc
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GRANTEE: CITY OF MERIDIAN
Tammy de WeercJ; ~Ilayor ~
Attest by Jays~e Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO,
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On this ~~ day o , 200, 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 easmt wtr main.doc
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CITY OF MERIDIAN WATER EASEMENT
FULLMER SITE
1450 East Watertower $t,
Suite 150
Meridian, Idaho :83642
Phone .(208) 846-8570
Fax (208) 884-5399
May 15, 2008
An easement for-City of Meridian water lines, located in portions of Lots10, 11,
and 12 of Cottage Home Addition to Meridian, as same is filed for record in Book 1 of
Plats at Page 42, Ada County records, .and a portion of the SE 1/4 of the NW 1/a of
Section 7, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, being a strip of land 20.00
feet in width, right of and adjacent to the following described .easement line:
Commencing at the southeast corner of the NW 1/a (Center'/4 corner) of said
.Section 7, from which the North'/4 corner of said section bears North 00°34'23" East,
2694.24 feet; thence along the .east boundary of said NW 1/4 North 00°34'23" East,
.611.64 feet to point on the East line of said Lot 12, the Beginning Point of said easement
line;
Thence South 89°37'41" West,`89.27 feet;
`Thence North 60°.46' 19" West, _56.00 feet;
Thence South 89°3.1'27".West, 15.25 feet to a point on the east boundary of the
E. 'Carlton Avenue right-of--way, the Ending Point of said easement line. Sideline
shortened or extended as required to form a continuous strip of land. Said easement.
covering 3,210 SF, more or less.
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1 OF 1 LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 7 1029 MERDANRIODAHOE 83642E 100
(208) 938-0980 Fox (208) 938-0941
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Meridian City Council
September 9, 2008
Page 4 of 66
H. Findings of Fact and Conclusions of Law for Approval: CUP
08-015 Request for Conditional Use Permit for an Assisted Living
Facility consisting of 2 residential treatment buildings and 1
administrative building in a proposed R-8 zone for Redmont Health
Services by The Land Group, Inc. - 5075 W. Cherry Lane:
I. Addendum to Development Agreement: MI 08-001 Request for
a Miscellaneous application to modify the Development Agreement
to remove the requirement for cross-access between the properties
located at 125 W. Cherry Lane and 1645 W. 1St Street for Mittleider
by Dr. Dan Thieme - 125 West Cherry Lane:
J. Change Order No. 1 for Well 14 Rehabilitation (Construction)
with McLeran Well Drilling for $3,775.00:
MC`. Water Easement Agreement for The Cottages by Jeff Fullmer:
L.
Meridian I
Five Mile Drain:
M. Fourth Amendment to Lease Agreement with William A. Hon
for 660 East Watertower Lane:
N. Deed of Conservation Easement for Five Mile Creek
Restoration Project with Arthur Berry & Kobe, LLC:
O. Change Order No. 1 for Class A Reclaimed Wastewater
Disinfection and Distribution Improvements with Star
Construction, LLC for $6,414.49:
P. Award of Bid and Authorization to enter- into Contract with
(name of winning bidder) for Settlers Village Square -Phase 1
for (amount ):
Q. Contract with Star Construction for Well 27 Flush Line for a
Cost Not to Exceed $29,409:
R. Child Safety Day Property Use Agreement with State Farm
Mutual Automobile Insurance Company:
S. Addendum No. 6 to Agreement for City Prosecutor /Criminal
Legal Services with the City of Boise:
T. Approve 2009 Stenographic Service Agreement with MD Willis,
Inc. for Stenographic Services:
,' ` Meridian City Council
September 9, 2008
Page 5 of 66
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As noted, we are removing Item O from the Consent Agenda. Other than
that, I move that we adopt the Consent Agenda as amended.
Rountree: Second.
Bird: Second.
De Weerd:. Okay. I have a motion and a second to approve the Consent Agenda. If
there isn't any discussion --
Zaremba: I believe I should have added for the Mayor to sign and the Clerk to attest.
De Weerd: I appreciate that addition. And I'm sure second -- both seconds agree;
right?
Rountree: Certainly do.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea.
MOTION CARRIED: ALL AYES.
Item 6: Swear in Brad Hoaglun as City Council Member Seat #2:
De Weerd: Item 6. I brought to you two weeks ago the -- and asked for your
confirmation for appointment of Brad Hoaglun to City Council Seat No. 2. Tonight he
and his wife and I believe his in-laws are here with him. Brad is going to have his wife
join him and we have our City Clerk that will swear you in. So, if you will come forward,
Brad.
Holman: Raise your right hand and repeat after me. I, Brad Hoaglun, do solemnly
swear, that I will support the Constitution of the United States and the Constitution of the
State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will,
to the best of my ability, faithfully perform the duties of the office of City Council of
Meridian, Idaho, during my continuance therein, so help me God.
(Repeated by Brad Hoaglun.)