Water Main Easement with Venga Ventures, LLC for Venga Works
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 02/28/08 01;34 PM
RECO DEDaIREQUEST OF ~I~ ~~~~IIIlIIIIIIIIIIIIIIIIIIIIIII III
City of Meridian 108022883
WATER MAIN EASEMENT
THIS INDENTURE, made this l~ ~~ day of , ~ n1 ~ A 2'1 , 20 ° ~ between Y~+~ C4 A YEaJ i v(«.S tic the
parties of the first part, and hereinafter called the Grantors, and the City of 1V){eridian, 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 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
ithin 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 bou~tdaries 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
effeFt and shall be completely relinquished.
`T1/a4ar Adai+~ Facumon4 aacm4 aa~4r main rlnr
Pa~e~~o~--
THE GRANTQRS do hereby covenapt with the Grantee that they are lawfully seized and possesseli
of the aforementioned and described tract of land, and that they have a good and lawful right to
conYey said easement, and that they will warrant and forever defend the title and quiet. possession
thereof agains~ the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, t~e said parties ofthe first part have hereunto subsFribed their signatures
the ~iay and year first herein above written.
GRANTOR:
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President ~ to fZ..k G ~~ f3 R~q - 11~
Secretary
STATE OF IDAHO )
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County of Ada )
On this a y ~ day of 20~, before me, the pndersigned, a Notary Public in
and for said State, personally appeared ~Y1Gt.{'~. C9-. ~,{'~Pa-~ (2! and
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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(SEt~L~~' L >' ~ ` '~`~'° " NOTARY PUBLIC FOR IDAHO
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CITY OF MERIDIAN \~~~~~~~ ~~;~~~,,~ /~
Tammy de W rd, ayor _ T=:
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Jaycee Ho man, ity Clerk ,~~p~ '~'.,,,~e ~~ f,~'`~ w~~~
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Approved by Council on : 1 ,~~_
STATE OF IDAHO,
County of Ada, )
ss.
On this r~dav of ~~ l(1.C'l_.~ ,20~before me, the undersigned, a
Notary Public in and for the State of Idaho, 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.
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sE~,t~4'.~o T A,~,~~,,1'•. ~~ .
Notary Public for Idaho
Residing at: ~1d11~21I ~~
My Commission Expires:
1b-11-11
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WATER LINE EASEMENT DESCRIPTION
December 11, 2007
FSC/Venga Ventures
An easement located in the NE'/4 of the NW '/, Section 24, Township 3 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a 518" rebar with plastic cap, corner record number 102021019, marking the North
Quarter Corner common to Sections 13 and 24, Township 3 North, Range 1 West of the Boise Meridian;
Thence along the northerly section line of Section 24, said section line also being coincident with the
centerline of West Overland Road, North 89°07'37" West, 430.33;
Thence leaving said section line South 00°40'4T' West, 73.66 feet to the TRUE POINT OF
BEGINNING;
Thence North 89°19' 23" West, 176.81 feet;
Thence North 00°41'04" East, 4.13 feet;
Thence North 89° 18'56" West, 20.00 feet;
Thence South 00°41'04" West, 24.13 feet;
Thence South 89° 19' 13" East, 196.81 feet;
Thence North 00°40'4?" East, 20.00 feet to the TRUE POINT OF BEGINNING.
The easement described above contains 4,019 square feet, more or less.
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WATERLINE EASEMENT
EXHIBIT
An easement located in the NE 3a of the NW '1~ Section 24, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho
2007
430.33' ~ ~~~
24
N 1/4 CORNER
N89' 18'56 "W = -°-~ ~ . - -• • °- FOt1ND REBAR/PLASTIC CAP
20 0a CORNER RECORD No.
W. OVERLAND ROAD `~ ~ ~ 10202 i 019
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...:.,.. _ ,_ r,. , _
.....,~I .. _._.... ..
N00'41 04 £ ° =
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4.13 ~
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Q'' ..N89'-f.,9
f3
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' 589'19'13'E 986
81' - - -" - '
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47
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3501 W Elder Street, Suite 200
Bofse, Idaho 85705
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whpeafflo.com
LEGEND
0
POB
CALCULATED POINT
SECTION UNE
EASEMENT LINE
R1GHT OF WAY LINE
POINT OF BEGtNNJNG
Planners 8bgfnesrs 8nrveyors • Lsndscape Architects
Meridian City Council
February 19, 2008
Page 5 of 75
G. Development Agreement: 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:
H. Development Agreement: 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 Corner of
McMillan Road and Locust Grove Road:
I. Third Addendum to Development Agreement: MI 07-006
Request for a Miscellaneous application to amend the previously
approved Development Agreement for Touchmark Living Center
Annexation (AZ 99-021) by amending the approved phase
boundaries and various other provisions for Meadowlake Village
North by Touchmark of the Treasure Valley, LLC -Southeast
Corner of Franklin Road and Touchmark Way:
J. Change Order Number 13, of Contract with Owyhee
Construction, Inc. for Additional Water and Sewer Services,
Additional Type "P" Permanent Asphalt Repair, and Additional
Crew Time for the Broadway Avenue, Meridian Road to Fifth
Street Utility Replacement Project for $23,130.91:
L. Approval of Bid and Award of Contract with Superior
Construction for Lanark Avenue North - South Water
Improvements for $105,509.63:
M. Water Main Easement Agreement for FSC /Venga Works by
Venga Ventures, LLC:
N. Sanitary Sewer Easement Agreement for FSC /Venga Works
by Venga Ventures, LLC:
O. Task Order 0741 for Ten Mile Road Interchange Utility
Improvements with Civil Survey Consultants, Inc. for an
amount not to exceed $29,320.00:
P. Sanitary Sewer and Water Main Easement Agreement for
Southeast Corner Marketplace No. 1 (aka Gateway Market
Place) by James Kissler, LLC:
L
Meridian City Council
February 19, 2008
Page 6 of 75
Q. Sanitary Sewer and Water Main Easement Agreement for
Gardner Ahlauist Gateway No. 2 by Gardner Ahlquist
Development:
R. Agreement for Instructor Services with Sanitary Services, Co.
for Community Education Instruction not to exceed $88.00:
S. Declaration of Environmental Covenant City Hall Deed
Restriction for New City Hall Site:
T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-
III-01-SR for Acoustical Wall Panels by SLA, Inc. Drywall
Construction for $5,952.00:
U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk
Sewer with Brown Construction for $4,978.00:
V. Internship Agreement with St. Luke's Regional Medial Center
for Paramedic Training:
De Weerd: Okay. The next item is our Consent Agenda, Item No. 6.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: With the removal of 6-K, the rest of the agenda stays as is. On the agenda all the
dollar values is noted, which I certainly appreciate. I move we approve the revised
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 with
the removal of Item K. Is there any discussion? Hearing none, Madam City Clerk -- I'm
going to have to get used to that -- please call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports: