Water Main Easement with Dean, David J. and Luane I. for Three Corners Subdivision (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 €
BOISE IDAH012122l08 09:18 AM
DEPUTY Paili Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III
RECORDED-REQUEST OF 108135170
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of t W~y • , 2008 between David J. Dean and Luane I. Dean, the
parties of the first part, and hereinafter cal led 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 ofthe 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
effect and shall be completely relinquished.
Water Main Easement easmt wtr main.doc
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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 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.
STATE OF IDAHO
ss
County of Ada )
On this .'~~ day of ~,~[~, 2008, before me, the undersigned, a Notary Public in
and for said State, personally appeared David J. Dean and Luane 1. Dean, husband and wife, known or
identified to me to be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
~~rl_written.
~~1~ S N TARY PU LIC FOR IDA~~HO" ~~,,,~,,
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~~ ® ®~. Commission Expires: 3 - /
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e'~. TE O F Y~ ~.••',
GRANTEE: C;]TY OF MERIDIAN
Tammy de Weer ,Mayor ~~~`
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~~d-l'iv~.Gl
Attest by J cee Holman, City Clerk
Approved By City Council On:
Water Main Easement
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STATE OF IDAHO,
ss.
County of Ada )
On this day of V ~~~n~.l~-~c;20~obefore 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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(SEAL) :: .~, ~~.~.~„ ~ NOTARY PUB IC FO IDAHO
Residing at:
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 • FAX 208-323-2399
Boise@toengrco.com
Project No: 07121
Date: October 30, 2008
Page: 1 of 2
EXHIBIT "A"
Water Easement Description
A 10-foot wide strip of land lying in the Northwest Quarter of the Northwest Quarter of
Section 29, Township 4 Narth, Range 1 East, Boise Meridian, City of Meridian, Ada County,
Idaho, being more particularly described as follows:
COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North,
Range 1 East, Boise Meridian, from which the Quarter corner common to said Sections 29 and
30, bears 5.00°37'24"W., 2656.54 feet; thence, along the section line common to said Sections
29 and 30,
A) 5.00°37'24"W., 54$.81 feet to the POINT OF BEGINNING; thence, leaving said
section line,
1) N.90°00'00"E., 136.16 feet; thence,
2) N.68°25'49"E., 84.81 feet; thence,
3) N.59°37'35"E., 24.06 feet; thence,
4) S.30°33'20"E., 63.72 feet; thence,
5) 5.74°20'58"W., 10.35 feet; thence,
6) N.30°33'20"W., 51.14 feet; thence,
7) 5.59°26'06"W., 14.84 feet; thence,
8) 5.68°25'49"W., 87.51 feet; thence,
9) 5.90°00'00"W., 138.17 feet; thence,
10) N.00°37'24"E., l 0.00 feet to the POINT OF BEGINNING.
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City of Meridian, Public Works
Engineering
/nterOffice Memo
To: Tara Green
From: Karie Glenn
CC:
Date: 12/22/2008
Re: Original /Recorded Docs for Vault
108135170 12/22/2008 WATER David/Luane Dean Three Corners easement
From the desk of...
Karie A Glenn
Business Operations Manager
Public Works Department
33 E Broadway Ave Ste 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 898-9551
• Page 1
t
Meridian City Council Special Meeting Workshop
November 18, 2008
Page2of81
De Weerd: It's been moved and seconded to approve the agenda. All those in favor?
Opposed? Motion passes.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval --Una
Mas -Planning.
B. Change Order No. 1 for Well 14 Pump with Superior
Construction for $7,800.00 -Public Works.
C. Tabled from November 5, 2008 --Sewer and Water Easment
for Nola VAC by ZWJ Enterprises -Public Works.
D. Water Easement for Three Corners Subdivision by David &
Luane Dean -Public Works.
E. Approve Minutes of July 9, 2008 City Council Special
Workshop Meeting
F. Approve Minutes of July 14, 2008 City Council Special
Workshop Meeting
G. CDBG PY08 Subrecipient Agmt with Boise City / Ada County
Housing Authority
H. CDBG PY08 Subrecipient Agmt with Meridian Senior Citizen's
Center
I Utility License Agreement for Meridian Fire Department
Traffic Signal
J. Professional Service Agreement with AspireOn, Inc.
5-B. Budget Amendment for Specialty /Work Assignment pay for
Police Department of $36,205.00.
De Weerd: Next item is the Consent Agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
s
Meridian City Council Special Meeting Workshop
November 18, 2008
Page 3 of 81
Zaremba: As previously noted, Item 3-K is being removed from this Consent Agenda
and we are also including on this Consent Agenda the item that was originally noted
as 5-B. And with that I move we adopt the Consent Agenda as amended.
Hoaglun: Second.
Rountree: It's been moved and seconded to adopt the Consent Agenda. All those in
favor?
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I heard that K is removed, but is J as well?
Zaremba: K was removed and we added an L, which was originally 5-B.
De Weerd: So --
Nary: Madam Mayor, Members of the Council, J doesn't need to be removed. It's just
a renewal of our ongoing HR consulting agreement. We did lower the amount from
the previous year, but --
De Weerd: Oh. Okay. I'm sorry.
Nary: -- it wasn't a presentation.
De Weerd: Thank you.
Rountree: You all right, then?
De Weerd: Uh-huh.
Rountree: All right. It's been moved and seconded to approve the Consent Agenda.
All those in favor? Unanimous. Motion passes.
MOTION CARRIED: ALL AYES.
Rountree: Next item on the agenda is Community Items. Presentations. First one on
the agenda there is the Meridian Valley Animal Shelter and Lieutenant Overton.
Zaremba: Mr. President, we actually moved another item into that position, the Idaho
Food Bank one.
Rountree: A-1 precedes A?
Meridian City Council Special Meeting Workshop
November 18, 2008
Page 4 of 81
Zaremba: I meant for A-1 to preceded the -=
Rountree: Oh, that was your intent?
Zaremba: I'm sorry.
Item 5: Department Reports:
E. Tabled from November 5, 2008 -- SWAC Recommendation to
Idaho Food Bank for $19,500.00.
Rountree: All right. The Idaho Food Bank presentation.
Simon: It's not safe behind me now. Good evening. I'm Roger Simon, I'm president
and CEO of the Idaho Food Bank and I want to thank you, first off, for your past
support of our grocery alliance program to redirect product that had been waste in the
past to help these folks right here in the Meridian area. I want to share some
information with you about what has gone on -- what will be going on with your
support. Through your support in the fiscal year there were 4,002 times children were
served right here in Meridian, 4,099 times adults, and 576 times seniors received
service. Now, those are not individuals, those are times. For a total of 8,677 times
that people right here in our neighborhood relied on assistance through the various --
well, through the St. Vincent de Paul Pantry, the Meridian Food Bank, and the
Meridian United Methodist Church. Those numbers unduplicated, just to give you a
perspective, were 955 children relying on food assistance here, 930 unduplicated
adults and 134 unduplicated seniors. What that says, naturally, is that that assistance
was more than one time for those folks, which is a serious problem, of course, that we
have. And these numbers are based upon a time when -- let's say our economy as
stronger and so goodness knows what lies ahead for us right now. What we were able
to do through your support is initiate programs, which, Mayor, you helped kick off, if I
recall, at the Albertson's and the Fred Meyer stores here in Meridian to start a program
known as Grocery Rescue. The grocery alliance program. What we were able to do
was take product that had been going to landfills in the past, such items as dairy
products, meat products, fresh fruits and vegetables, and redirect those to people in
the community in need. Taking that product, reducing the waste. What we are looking
at -- excuse me -- occurring as of after the first of the year is not only those two stores
continuing, but adding the Albertson's store on Cherry Lane and through negotiations
that are finalizing -- almost completely done -- to start the Wal-Mart store in Meridian
as of the first of the year. What that will do, just to give you a perspective, prior to
waste -- no. I'm sorry. Yeah. Before waste that would have equaled about 149,656
pounds going to landfill. That's what would have occurred. I anticipate through our
history with this program that we will reduce that number of pounds of waste from
nearly 150,000 to 14,000 pounds. And that 136,000 pounds of perfectly fine product
will come right back to the community. Will come back to the community through
those three agencies and others that we might be able to develop in the meantime.
Our request to you is for support at approximately half of the operating cost for that