Water Main Easement with Settlers Crossing, LLC and JD Klure, LLC and Kesler Holdings, LLC for Mills Veterinary (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
BOISE IDAH012129I08 02:00 PM III I~IIII'IIIIIIIIIIIIIIIII'llllll'll
DEPUTY Path Thompson
RECORDED-REQUEST OF 198135919
Meridian City
WATER MAIN EASEMENT
~'ross~-,~ Lt,G~
J D I~iw.L, LI.G, av.d
THIS IIdDENTURE, made this ~ day of ~aJ , . 20 0~ between ~s k/ Nv (cl ~ ~ 9~S , I.LG, the parties of
the first part, and hereinafter called the Grantors, and the City of Merldix~, 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 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 adjacent properly 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 ~~
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.
1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
1~ ~d0 ~.~
Wm. David Evans, Manager
SETTLERS CROSSING LLC
.~~~
Ja . Klure, Member
J. . ICLURE, LLC
Janalyn H. K sler, Manager
KESLER HOLDINGS, LLC
Water Main Easement easmt wtr main
STATE OF IDAHO )
} ss
County of Ada )
On this ~ ~t day of ~~~~ , 20 ~~ before me, the undersigned, aNotary Public in
and for said State, personally appeared Wm. David Evans, who being known or identified to me to be
the Manager of Settlers Crossing LLC or the person who executed the instrument on behalf of said
Limited Liability Company, and acknowledged tome that Settlers Crossing LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
{SEAL) ,•''C ~~• ,.,OTgf?y` e~~
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NOTARY PUBLIC FOR IDAHO
Residing at $~~~ tD
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STATE OF IDAHO )
ss
County of Ada }
On this « day of N b~/G+'w ~/ , 20 S before me, the undersigned, a Notary Public in
and for said State, personally appeared Jack D. Klure, who being known or identified to me to be a
Member of J. D. Klure, LLC or the person who executed the instrument on behalf of said Limited
Liability Company, and acknowledged to me that J. D. Klure, LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist abov~,a~itter.,,_
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NOTARY PUBLIC FOR IDAHO
Residing at $o~se l ~
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Water Main Easement easmt wtr main
STATE OF IDAHO )
ss
County of Ada }
On this ~ ~ day of Nt'rlP~t'I~Ep. , 20~j before me, the undersigned, aNotary Public in
and for said State, personally appeared Janalyn H. Kesler, who being known or identified to me to be ,
a Manager of Kesler Holdings, LLC or the person who executed the instrument on behalf of said
Limited Liability Company, and acknowledged to me that Kesler Holdings, LLC executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
;isS•
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NO FOR 1D
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Water Main Easement easmt wtr main
GRANTEE: CITY OF MERIDIAN
F ~ER~p~q~~•,~~,
Tammy de Weerd, r ,~` ~, O T ti %~
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AL
Attest by cee Holman, City Clerk: .9 ~ -
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Approved By City Council On:
STATE OF IDAHO, )
. ss.
County of Ada }
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On this ~~day of Dr°~rrY1b~~ , 2 Og 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.
(SEAL) ; ~~' OT A1~ ~'~',,~,.:
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Water Main Easement easmt wtr main
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 FAX 208-323-2399
boiseQtoengrco.com
Project No: 05161
Date: December 4, 2008
Page: 1 of 1
Exhibit "A"
Water Easement Description
A 20-foot wide strip of land being a portion of Lots 50, 51 and 55, Block 7 of Sundance
Subdivision No. 5, as filed in Book 98 of Plats at Pages 12523-12526, Records of Ada County,
Idaho, being more particularly described as follows:
COMMENCING at the Northwesterly corner of Lot 51, Block 7 of said Sundance
Subdivision No. 5; thence, along the westerly line of said Lot 51,
A) 5.00°00'00"W., 35.52 feet; thence, leaving the westerly line of said Lot 51,
B) N.89°34'42"W., 3.50 feet to the POINT OF BEGINNING; thence,
1) 5.00°00'00"W., 49.83 feet; thence,
2) 5.22°24' 15"E., 74.42 feet; thence,
3) S.67°35'45"W., 20.00 feet; thence,
4) N.22°24' 15"W., 78.38 feet; thence,
5) N.00°00'00"E., 53.94 feet; thence,
6) S.89°34'42"E., 20.00 feet to the POINT OF BEGINNING.
CONTAINING: 2,566 square feet, more or less.
H:\05161\WPfiles\SURVEY\Desc's\ExhA-Water Esmt-Lots 50 51 & SS.doc
BOISE COEUR d'ALENE CALDWELL
EX H 16 IT "B" - SKETCH MAP
M I CITY OF MERIDIAN - PROPOSED WATER EASEMENT
Z ; LOTS 50, 51 & 55 OF BLOCK 7
Z SUNDANCE SUBDIVISION N0. 5
s i LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31
o I TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
°D I CITY OF MERIDIAN, ADA COUNTY, IDAHO
N NW Corner Lot 51, Block 7
w I 4 g Block 7, Sundance Sub. No. 5 4 8
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----------------.0 N ----------------------------
------
- - MERIDIAN SANITARY SEWER °o ,
~ & WATER EASEMENT o° "'
I PER SUNDANCE SUB. N0. 3 L1~
I
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LEGEND
- - - - SUBDIVISION BOUNDARY
LOT LINE
------------- PROPOSED WATER EASEMENT
51 LOT NUMBER
C~%~~~j/~ PROPOSED WATER EASEMENT
------------------
I
i
LINE TABLE
LINE LENGTH BEARING
L1 3.50 N89'34'42"W
L2 20.00 S89'34'42"E
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TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 FAX: 208-323-2399
E-FILE: H:\05161\Waier Esmt.DWG DATE: 12/04/08 JOB: 45161
~°
Meridian City Council Special Meeting Workshop
December 16, 2008
Page 2 of 116
A. Approve Bid for Water & Sewer Improvements for ACHD Split
Corridor Phase for $115,921.47.
B. Change Order No. 15 with Idaho Survey Group for North Black
Cat Trunk Sewer for $4,005.06.
C. Change Order No. 16 with Idaho Survey Group for North Black
Cat Trunk Sewer for $6,782.50
D. Memorandum of Understanding with IAFF
E. Resolution No. :Reappointment of David Moe to P&Z
Commission
F. CDBG Subrecipient Agreement with Habitat for Humanity
G. Wastewater Treatment Plant Expansion Project Task Order No.
4 Amendment No. 1 with Carollo Engineers for $121,300.00
H. Amendment to Task Order No. 0741 with Civil Survey
Consultants for Ten Mile Interchange Project for $27,475.00
Public Works
I. Change Order No. 1 for Well 28 with Treasure Valley Drilling
for $40,000.00
J. Approve Minutes of October 6, 2008 City Council Jt.Meeting
K. Approve Minutes of November 18, 2008 City Council Workshop
Sanitary Sewer and Water Easement for Mills Veterinary
M. Task Order No. 5 with HDR Engineering, Inc. for Relcaimed
Water Master Planning for $50,000.00
N. Task Order No. 6 with HDR Engineering, Inc. for Technical
Support for Heroes Park Water Reuse for $33,170.00
O. 2009 COMPASS Other Standing Committee Members
Rountree: Next item is the Consent Agenda.
Zaremba: Mr. President?
f
Meridian City Council Special Meeting Workshop
December 16, 2008
Page 3 of 116
Rountree: Mr. Zaremba.
Zaremba: As noted, Item E on the Consent Agenda is Resolution 08-638 and with that I
move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
Rountree: It's been moved and seconded to approve the Consent Agenda. All those in
favor? Opposed same sign? Motion passes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Might note for the record that Mr. Bird -
Rountree: Mr. Bird is not here.
Item 4: Community Items/Presentations:
A. Update on New City Hall from Petra
Rountree: Item 4. Community Items. The first item on there is an update from Petra. I
don't see Gene. I don't see Jack. I don't see -- did they --
Hoaglun: Think it was at 7:00?
Rountree: -- think it was either at 7:00 or not get the word?
B. Presentation on the Gypsy Moth Ben Simko with Idaho State
Dept. of Agriculture
Rountree: Moving on. Item B. Presentation of gypsy moth. There is Ben. Welcome.
Simko: Thank you.
Rountree: This is a most unusual item for us, but it should be of interest to us, I believe.
Simko: Well, Madam Mayor, City Council Members of Meridian, thanks for the
invitation. What I'd like to do is kind of give you some good news -- some bad news and
good news in regard to the invasive species the gypsy moth and so I have some
handouts to share with your -- the Council and your staff. Should I give it to the clerk?
Rountree: Please.
Simko: Members of the Meridian City Council, last October we -- in doing a -- our
normal detection surveys across the state, we detected two positive traps of European
gypsy moth in October of this past fall and this -- this pest is one of the most serious
City of Meridian
Public Works Dept.
T _ f f •
To: Mayor De Weerd & City Council
From: lCarie Glenn
CC: File
Date: 12/11/2008
Re: Prapased Agenda Items far 12/16/08 City Council Meeting
The Public Works Department respectfully requests that the fallowing items be placed on the
12/16/08 City Council agenda, on the Consent Agenda, for Council's consideration:
1 } Sanitary Sewer Easement for Mills Veterinary .
Typical Sanitary Sewer Easement.
Recommended Council Action: Approve the Sanitary Sewer Easement for
Mills Veterinary and authorize the Mayor to sign and City Clerk to attest.
2} Water Main Easement for Mills Veterinary .
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Mills
Veterinary and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
• Page 1
TERMAIN EAS
`~xfFttrs~,.r'ross.n~ LI-G~
THIS INDENTURE, made this ~~day of ~, , 2001b between 1Ctslw Nolcl~+~~S,I.LG, the parties of
the first part, and hereinafter called the Grantors, and the City of Merldlaa, Ada County, Idaho, the party of
the second part, and hereinafter palled 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 far 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 ofa 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.
lT 1S 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 widrin 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 descn'bed far 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 became part of, or lie within the boundaries of any public
street, then, to such extent, such right~f 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 ofno further
effect and shall be completely relinquished.
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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 titie and quiet possession thereof
against the lawful claims of ail persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscn'bed their signatures
the day and year first herein above written.
GRANTOR:
W... 0~
Wm. David Evans, Manager
SETTLERS GROSSING LLC
r.1l~t/~d~' Y,,,(
J . Klure, Member
J. . KLURE, LLC
Janalyn H. Kesler, Manager
KESLER HOLDINGS, LLC
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STATE OF IDAHO )
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County of Ada )
On this ~ ~ day of ~~~~ , 28 Ca before me, the undersigned, a Notary Public in
and for said State, personally appeared Wm. David Evans, who being known or identified to me to be
the Manager of Settlers Crossing LLC or the person who executed the instrument on behalf of said
Limited Liability Company, and acknowledged to me that Settlers Crossing LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offciai seal the day and year
fist shave written.
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STATE OF IDAHO }
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County of Ada )
On this ~~ day of I~odt',~~ , 20US ,before me, the undersigned, aNotary Public in
and for said State, personally appeared Jack D. Klure, who being known or identified tome to be a
Member of J. D. Klure, LLC or the person who executed the instrument on behalf of said Limited
Liability Company, and acknowledged to me that J. D. Klure, LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my banal and at~ixed my official seal the day and year
fist al1o~~~IttEpq~i~fi
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SPATE OF 1DAH0 }
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County of Ada }
On this ~ ~ day of N[,>,reMlaep. , 20~ before me, the undersigned, a Notary Public in
and for said State, personally appeared Janalyn H. Kesler, who being known or identified to me to be ,
a Manager of Kesler Holdings, LLC or the person who executed the instrument on behalf of said
Limited Liability Company, and acknowledged to me that Kesler Holdings, LLC executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
Water Main Easement
NO FOR IDA
Residin t N6tiMp'a, 1 ~
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easmt wtr main
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by Jaycee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, }
. ss.
County of Ada }
On this day of , 20~ 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 afI'uced my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at•
Commission Expires:
Water Main Easement easmt wtr main
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BCtULEVARD
8C715E, IDAHO 83714-20()fi
208-323-2288 • FAX 208-323-2399
#mise@roertgrco.com
Project No: 05161
Date: December 4, 2008
Page: 1 of i
Exhibit "A"
Water Easement Description
A 20-foot wide strip of land being a portion of Lots 50, 51 and 55, Block 7 of Sundance
Subdivision No. S, as filed in Book 98 of Plats at Pages 12523-12526, Records of Ada County,
ldaho, being more particularly described as follows:
COMMENCING at the Northwesterly corner of Lot 51, Block 7 of said Sundance
Subdivision No. 5; thence, along the westerly line of said Lot 51,
A} 5.00°00'00"W., 35.52 feet; thence, leaving the westerly line of said Lot 51,
B} N.89°34'42"W., 3.50 feet to the POINT OF BEGINNING; thence,
1) S.00°00'00"W., 49.83 feet; thence,
2) 5.22°24' 15"E., 74.42 feet; thence,
3) 5.67°35'45"W., 20.00 feet; thence,
4) N.22°24' 1 S"W., 78.38 feet; thence,
5) N.00°00'00"E., 53.94 feet; thence,
6) 5.89°34'42"E., 20.00 feet to the POINT OF BEGINNING.
CONTAINING: 2,566 square feet, more or less.
E 1:1051611WPfileslSURVEYII)esc'stE~chA-Water Esmt-Cats 50 51 & SS.doc
BOISE C:4EUR t~'t1L.LNL CAI.D~VEI,1.
EXHIBIT "6" -- SKETCH MAP
M I CITY OF ~ MERIDIAN - PROPOSED I~UATER EASEMENT
z LOTS 50, 51 & 55 OF DLOCK 7
z SUNDANCE SUBDIVISION N0. 5
5 f LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31
o I TOWNSHIP 4 NORTH, RANGE 1 EAST, 801SE MERIDIAN
m ~ CITY OF MERIDIAN, ADA COUNTY. IDAHO
NW Comer Lot 51, Block 7
Z ± 49 f31xk 7, Sundance Sub. No. 5 4 V
0
z -- -
~- -- ~- ~ MERIDIAN SANITARY SEWER
~ & WATER EASEMENT
PER SUNDANCE SUB. N0. 3 L1~
I ~
-~' _------L--^------------------~j~
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0 15 30 60 90
.I.E'G•END
-- - - - SUBDMSION BOUNDARY
--- LOT LINE
---------- PROPOSED WATER EASEMENT
51 LOT NUMBER
~i~;~j PROPOSED WATER EASEMENT
N
M
I
I
UNE i'ABLE
UNE U]VG1H BEARING
L1 3.50 N89'34'42°W
L2 20.00 589'34'42"E
P~E.R ~S~M~N~
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SFr H. McP~'~
TOOTHMAN°ORTON ENGINEERING CO.
ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD BOISE, IDAHO $3714-2008
PHONE: 208-323-2288 FAX: 208-323-2399
E-FlLE: H:\05161\Wate~ Esmi.OWG OATE:11J04J08 J08:05i61
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