Water Main Easement with Kimball Properties, LP for Bonito SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAHO 03127108 02:30 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III I'IIIIIIIIiIII~IIIllill"I' II I
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this 13 day of~~V,120~ between kin-+.~a~~ ~r~~tCS 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 constructiox} operation, maintenance, repair, replacement ofa water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easementhereby granted is for the purpose of construction and operation of a water line and their
allied facilities, togetherwith 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 easementandright-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 constntction, 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 in~rfere 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 , ~~ nn
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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 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 ` )
On this of , 20_, before me, the undersigned, a Notary Public in
and for said State, p pally appeared and
known entified to me to be the President and Secretary, respectively, of the
corporation that executed the in instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto s hand and affixed my official seal the day and year
fist above written.
(SEAL)
Water Main Easement
NOTARY PUBLIC
Residing at
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IDAHO
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State of Idaho )
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County of Ada )
On this ~~ day of ~Q p ~ ,1n- , 2008, before me, the undersigned, a Notary Public in and for
said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball
Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the
within instrument on behalf of said partnership and that said partnership exe uted he same.
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Tammy de Weerd,
Jaycee Holman, pity Clerk
Approved by Council on
STATE OF IDAHO,
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On this day of ~~~ ,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 ~~p~, yv~'itten.
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February 25, 2008
Page 1 of 2
EXHIBIT "A"
WATER SERVICE EASMENT
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Consulting, Inc.
An easement for the construction and maintenance of a water service connection on Lot
1, Block 3, Bonito Subdivision, Book 86 of Plats at pages 9783-9788, Instrument
Number 103142839, Records of Ada County, situated in the Northeast'/a of Section 20,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at the Southwest corner of said Lot 1, Block 3, Bonito Subdivision, thence
along the south line of Lot 1, along a curve to the left 247.95 feet, said curve having a
radius of 563.00 feet, a delta angle of 25°14'01", and a chord bearing North 75°30'21"
East, 245.95 feet to a point; thence North 62°53'20" East 75.07 feet along said south line
to the POINT OF BEGINNING; thence leaving said south line
North 27°06'40" West 20.00 feet; thence
North 62°53'20" East 53.60 feet; thence
South 27°06'40" East 20.81 feet to a point on said south line; thence
continuing along said south line along a curve to the left 18.80 feet, said curve having
a radius of 217.00 feet, a delta angle of 4°57'55", and a chord bearing South 65°22' 19"
West, 18.80 feet; thence
South 62°53'20" West 34.81 feet to the POINT OF BEGINNING.
Said easement contains 1,077 square feet or 0.025 acres more or less.
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Meridian City Council
March 18, 2008
Page 3 of 66
establishment in a proposed C-G zone for Rockin KB Saloon by
Patrick McKeegan - 3163 East Lanark:
I. Resolution No. Proposed Fee Increase
for Planning Department:
J. Renewal of Contract for Prosecution Services with the City of
Boise:
K. Change Order No. 1 for Black Cat Road Water Main Extension
Phase 2 Design Project with Civil Survey Consultants, Inc. for
$3,000:
L. Water Main Easement Agreement for EI Dorado Building No. 6
by Kimball Properties:
M. Approve Standard Form of Agreement with Irminger
Construction for Bower Street Water Main Improvements
Construction Project for $37,774.00:
N. Change Order No. 1, of Contract with Treasure Valley Drilling
for Construction of Well 27 for site Grading, Fencing, Artesian
Flow Well Head Assembly and Drilling Material /Labor for
Artesian Well for a Cost Not to Exceed $35,000.00:
O. Public Right of Way Easement between the City of Meridian as
Grantor to ACHD for Sidewalks at the new Meridian City Hall:
De Weerd: Item No. 5.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we adopt the Consent Agenda with the following notes: That Item
I is resolution number 08-603 and that Item P is removed from the Consent Agenda.
And for the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: Okay. We have a motion and a second. Any discussion? You're removing
Item P to the regular agenda item?
Zaremba: Yes.
De Weerd: Okay. Since there is no discussion, Mrs. Clerk, will you, please, call roll.
Meridian City Council
March 18, 2008
Page 4 of 66
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Item 6: Presentation of City of Meridian 2007 Environmental Excellence
Award to Sunbelt:
De Weerd: Okay. Item No. 6 is a presentation of the City of Meridian for the 2007
Environmental Excellence Award and I will ask that our pre-treatment manager, please,
come forward and introduce our business that we want to recognize tonight.
Maneck: Well, thank you. It's my pleasure to introduce Sunbelt Rentals, located at 483
East Franklin Road as a recipient of the 2007 Environmental Excellence Award. This
annual award is presented to a company that displays outstanding environmental efforts
that greatly impact city services and the general public. The specific reason why this
company was selected is because they have built a new building and in that new
structure they put a -- a very nice high tech water reclaim system that's associated with
their operation, their washing of the construction equipment, and they reclaim and use
the same water over and over again. So, we estimated they save several thousand
gallons of water every month. So, that greatly impacts our natural environment and our
city services. Established in 1983 and headquarters in Charlotte, North Carolina, metro
area, Sunbelt Rental has evolved from a small local operation into the second
equipment rental company in the United States, with sister companies operating
worldwide. Sunbelt Rentals has -- now has over 450 locations nationwide, including one
hundred Sunbelt Rentals at Lowe's locations. I'm pleased to present the Environmental
Excellence Award plaque to Sunbelt Rentals and Everett Evans, the project manager, is
here to receive that award.
De Weerd: Okay. Everett, I will ask you to come forward and we will both present you
with your plaque. I will read what this plaque says. It's City of Meridian 2007
Environmental Excellence Award, presented to Sunbelt Rental for adopting
environmental friendly practices, equipment, and technologies. This is a very important
program in the City of Meridian. We appreciate the good stewardship your company has
shown and we are thrilled with your new building. You're not a new business to our
community, but we certainly appreciate the standards that you have set, that you have
set the bar high, and we are thrilled to have you in our community. Thank you so much.
Item 7: Department Reports:
A. Mayor's Office
1. Proclamation for Fair Housing: