Water Main Easement with Joint School District No. 2 for Lanark to Franklin Water Improvements 766ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 01125/08 10:31 AM
DEPUTY Bonnie Oberbillig III Illilllllllllllllllllllllllllll III
RECORDED-REQUEST OF 1E180E38766
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~~ay of~, 20O1between 7c ~Nr S~Cr,aDL O~sT#Z, 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
Water Main Easement
EASMT WTR
MAIN.doc
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 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 ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
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Secr ary
STATE OF IDAHO )
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County of Ada )
On this 3~~ day of ~ e ~nnl7er , 20~, before me, the undersigned, a Notary Public in
and for said State, personally appeared Brc~c e, ~ti (~-,e 5~~~n _and
`T'ry 5ti ~nccar, ,known or identified to me to be the President and Secretary, 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 written.
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Water Main Easement EASMT WTR
MAIN.doc
GRANTEE: CITY OF MERIDIAN
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Tammy de eerd, ay
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Attest by William G. Be ,City Clerk
Approved By City Council On: ~=;
STATE OF IDAHO,
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County of Ada
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On this ~ ~ day of ~~ , 20(~ before me, the undersigned, a
Notary Public in and for said State, personally appeared T MMY DE WEERD and WILLIAM G. BERG,
JR., 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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MAIN.doc
EASMT WTR
WATER MAIN LINE EASEMENT
FOR THE
CITY QF MERIDIAN, IDAHO
An easement for water main line purposes located in the S W '/4 of the SE '/a of Section 8,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being 10.00
feet on each side of the following described centerline:
Commencing at the southwesterly corner of said SW '/< of the SE '/4 from which the
southeasterly corner of said SE'/4 bears S 89°54'40" E a distance of 2571.02 feet;
Thence N 0°31'07" E along the westerly boundary of said SW '/4 of the SE '/a a distance
of 40.00 feet;
Thence leaving said easterly boundary S 89°54'40" E a distance of 30.00 feet to the
POINT OF BEGINNING;
Thence N 0°31'07" E a distance of 391.33 feet to a point;
Thence N 44°28'53" W a distance of 21.21 feet to a point;
Thence N 0°31'07" E a distance of 31.13 feet to a point;
Thence N 44°28'53" W a distance of 21.21 feet to the westerly boundary of said SW '/a
of the SE '/a and also being the POINT OF ENDING of this description.
This description was prepared from record information. Civil Survey Consultants,
Incorporated is not responsible for any discrepancies a survey might reveal.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Inc.
October 10, 2007 ;~.~~-°~~-°-~
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Meridian City Council
January 8, 2008
Page 8 of 81
of 6,000 plus, where I remember we actually had a little roller opener and we would roll
up the sidewalks at night with it, you know, to the community now that it is in excess of
72,000 people. An opportunity to grow with the department, with all the changes that
we have gone through, and I know when Frank Tomlison from the Valley Times news
was in here he asked me what I thought was one of the biggest changes I have
experienced over time in my career and I had to point to the change in technology as
probably being the most paramount one, where we used to be out in the field and by the
time things were relayed through and we got it, there was oftentimes anywhere from --
you know, on a good night a five minute lag, to as much as a half an hour or more.
Now, with the digital radio systems that we have, the laptops and everything else in
there, it's a real time environment for our officers. They are getting information in a
timely fashion, being able to act on it, it's a much more secure venue for them and that
is the significant and big change. And, again, I have to point to our partnerships with
Ada County, who manages most of that communications headache with staying abreast
of the technology, so it helps us all out. It's been really super and, then, with the help of
Boise City behind that as well, Garden City, Meridian, the Idaho State Police and, then,
even our fire department's got in on it as well. So, we have a much more improved
communication system countywide, which I think goes to all of our citizens here, not just
those in Meridian. But I know the citizens of Meridian also reap the benefit of it as well.
But, in closing, just a big thank you and I appreciate the opportunity and the honor to
have been the chief of police in this community and to have served for the length of time
that I have and seen the changes that have occurred. And thank you all for being here
tonight as well. I appreciate that. Thank you.
Item 6: Consent Agenda:
A. Approve Minutes of December 18, 2007 City Council Special
Meeting:
B. Approve Minutes of December 18, 2007 City Council Regular
Meeting:
C. Change Order No. 3 for the Water Division Building Proiect
(Construction -Ira-Mac, Inc.) for <$15,000>:
D. Change Order No. 1 for the Water Division Building Proiect
(Construction -Meridian Fence Company) for $3,682.00:
E. Prepare Findings of Fact and Conclusions of Law for
Approval: AZ 07-017 Request for Annexation and Zoning of 40.4
acres from RUT to C-C zone (21.3 acres), R-8 zone (6.27 acres)
and R-2 (12.87 acres) for Three Corners by David Dean - 6380
North Locust Grove Road:
Meridian City Council
January 8, 2008
Page 9 of 81
F. Findings of Fact and Conclusions of Law for Aprpoval: PP 07-
021 Request for Preliminary Plat approval of 54 lots including: 33
residential lots, 11 commercial lots and 10 common lots on 40.4
acres in the proposed C-C, R-8 and R-2 zoning districts for Three
Corners by David Dean - 6380 North Locust Grove Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 07-
015 Request for Annexation and Zoning of 1.88 acres from RUT to
an R-2 zone for the property located at 1650 Dunwoody for
Dunwoody Property by Marshall Williams -1650 Dunwoody:
H. Findings of Fact and Conclusions of Law for Approval: AZ 07-
014 Request for Annexation and Zoning of 7.55 acres from RUT
and R1 to a C-C zone for Woodland Springs by Morgan
Development -Northeast Comer of McMillan Road and Locust
Grove Road:
Findings of Fact and Conclusions of Law for Approval: PP 07-
019 Request for Preliminary Plat approval for 4 commercial lots on
7.55 acres in a proposed C-C zoning district for Woodland
S rp ings by Morgan Development -Northeast Corner of McMillan
Road and Locust Grove Road:
J. Resolution No. CPA 07-011 Request
for a Comprehensive Plan Amendment to modify the Future Land
Use Map to change the land use designation on 38.7 acres from
Medium Density Residential to Mixed Use Community to include
Office /Retail, Private School and Patio Homes for Dean Property
by David J. Dean - 6380 North Locust Grove Road (southeast
Corner of North Locust Grove and East Chinden):
K. Resolution No. CPA 07-014 Request
for a Comprehensive Plan Land Use Map Amendment of 7.43
acres from Medium Density Residential to Mixed Use -Community
for Woodland Springs by Morgan Development, Inc. - 1630 &
1720 East McMillan Road:
L. .Streetlight Agreement for Gramercy Subdivision by Tuscany
Development, Inc.:
M. Sanitary Sewer and Water Main Easement Agreement for
Gardner-Ahlguist by Meridian Medical Plaza, LLC:
Meridian City Council
January 8, 2008
Page 10 of 81
N. Water Easement Agreement between Franklin and Lanark
Street with Joint School District No. 2:
O. Water Easement Agreement between Lanark and Commercial
Street with Joint School District No. 2:
P. Development Agreement: RZ 04-010 Request for a Rezone of
.68 acre from R-4 to an O-T zone for Mittleider Rezone by Leon
Smith -125 West Cherry Lane and 1645 West 1S Street:
Q. Task Order 2.5 -Filter 4 Final Design with CH2M HILL for
$129,723.00:
R. Idaho Power Easement Agreement for Fire Station No. 5:
S. Public Right of Way Sidewalk Easement Agreement for
Meridian Fire Station No. 5:
De Weerd: Thank you. Okay. The next item on our agenda is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Noting that Item J is resolution number 08-592 and Item K is resolution
number 08-593, I move that we approve the Consent Agenda and for the Mayor to sign
all documents and the Clerk to attest.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Mr.
Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: SSC -- Environment at Work Recognition Program: