Water Main Easement with Foundations Academy for Foudnations AcademyADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAH012/04108 10:10 AM
RECORDEDCkR QUEST OF ~II II~IIIII~III~IIII~~'~~I'I'~~~ ~~~~~
Meridian Ciry 10~ 12940
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~, 20Q&between ~C.~~il~g~~ th s 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;
W'1"i'NE SSETH:
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, inconsideration 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 propem:
(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 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, repladng or restoring an}~hing placed within the area described in this easement that was
placed there in violation of this easement.
I'HF. 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 shalt be completely relinquished.
Water Main Easement
easmt wtr main.doc
Pese~oL.~..
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:
President
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this _~_ da of Ong, befo~re,/~e, t~} undersy~ned,~a Nota Public in
and for said State, personally appeared (x.U ~ C,1 l"7 ()('j01(.~ 1 fl ry 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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Water Main Easement
NOTARY PUBLIC O I AHO
Residing at
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Ma~ r `
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Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
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County of Ada
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On this ~O day of ~ , 20~_~, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYGEE 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, 1 have hereunto set my hand and affixed my official seal the day and year first
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FOX Land Sarveys, /ac,
1515 South Shoshone St..~ Boise, Idaho 0 83705 c1 208-342-7957 D 208-342-7437 FAX
EXHIBIT "A"
AN EASEMENT LYING IN A TRACT OF LAND BEING PART OF THE NORTHWEST'/a OF THE
NORTHWEST'/~ OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
An Easement lying in a Tract of Land being Part of the Northwest'/. of the Northwest'/,
of section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho,
being more particularly described as follows:
COMMENCING at a found Brass Cap Monument marking the northwest corner of
Section 29, from which a found 5/8 inch rebar with plastic cap stamped "DL 11575"
marking the North 1/16"' corner common to Sections 29 and 30 bears South 00°37'24"
West, a distance of 1328.30 feet;
A. thence along the common boundary of Sections 29 and 30, South 00°37'24" West,
a distance of 588.22 feet to its intersection with the westerly projection of the
common boundary of properties now or formerly owned by Foundations Academy,
Inc. and David and Luane Dean;
B. thence along said prolongation and boundary, North 89°59'56" East, a distance of
262.29 feet to the TRUE POINT OF BEGINNING;
1. thence continuing along the common boundary of properties now or formerly
owned by Foundations Academy, Inc. and David and Luane Dean, North
89°59'56" East, a distance of 21.55 feet;
2. thence South 21°52'36" East, a distance of 66.84 feet to an angle point;
3. thence South 00°37'24" West, a distance of 159.27 feet to an angle point;
4. thence South 89°22'36" East, a distance of 22.40 feet to an angle point;
5. thence South 00°37'24" West, a distance of 20.00 feet to an angle point;
6. thence North 89°22'36" West, a distance of 58.13 feet to an angle point;
7. thence North 00°37'24" East, a distance of 20.00 feet to an angle point;
8. thence South 89°22'36" East, a distance of 15.73 feet to an angle point;
9. thence North 00°37'24" East, a distance of 155.29 feet to an angle point;
10.thence North 21°52'36" West, a distance of 70.89 feet to the TRUE POINT OF
BEGINNING.
Containing 5,685 square feet (0.130 acres) more or less.
Subject to easements and rights-of-way of record or not of record.
Fox Land Surveys, Inc.
Kerry R. Albright, PLS
END OF DESCRIPTION
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FOX LAND SURVEYS INC.
S46SKETCH.oWf3 (208)342-7957
City of Meridian, Public Works
Engineering
/nterOffice Memo
To: Tara Green
From: Karie Glenn
CC:
Date: 12/5/2008
Re: Original /Recorded Docs for Vault
108129640 12/4/2008 WATER Foundations Academy Foundations Academy
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
Meridian City Council
October 28, 2008
Page 3 of 54
and northeast corners of West McMillan Road and North
McDermott; and near the southwest corner of West McMillan Road
and North Black Cat Road:
C. Findings of Fact and Conclusions of Law for Approval AZ
08-011 Request for Annexation and Zoning of 2.953 acres from the
R1 to the R-8 zoning district for S roi by Nunzio Sgroi - 4405 East
Ustick Road:
D. Findings of Fact and Conclusions of Law for Approval :CUP
08-016 Request for Conditional Use Permit approval for a
convenience store and fuel sales facility in a C-N zoning district per
requirement of the Development Agreement for Maverik (Locust
Grove/McMillan) by Maverik, Inc. -NEC of N. Locust Grove Road
and E. McMillan Road:
E. Findings of Fact and Conclusions of Law for Approval: SHP
08-007 Request for Short Plat approval for 157 condominium units
in 13 buildings in an I-L zone for Storage Condos by Ron Ramza -
658 North Principle Place:
F. Cross Access Easement for Emergency Services with Avest
Limited Partnership for Ten Mile Christian Church:
G. Development Agreement: RZ 08-002 Request for Rezone of 0.55
of an acre -from the R-4 to L-O zoning district for Meridian Library
Parking Lot Expansion by the Meridian Library District - 1727 N.
Leisure Lane:
H. Development Agreement: AZ 08-008 Request for Annexation
and Zoning of approximately 5 acres from RUT to an R-8 zone for
Redmont Health Services by The Land Group, Inc. - 5075 W.
Cherry Lane:
I. Development Agreement: RZ 08-003 Request for Rezone of
27.17 acres from I-L to C-G zone for Kennedy Commercial
Center by DBSI Meridian 184 LLC - 1250 W. Overland Road:
J. Water Main Easement Agreement for Foundations Academy by
Foundations Academy:
K. Cooperative Agreement with ACHD for the Salit Corridor
Phase 1:
L. Resolution No. City Hall Parking
Permits Policy:
Meridian City Council
October 28, 2008
Page 4 of 54
M. Resolution No. : Employee Identification
and ID / Prox Cards Policy:
N. Change Order No. 1 for Pressure Zone 1 with DC Engineering
for $2,899.43:
De Weerd: Item 5 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: With the noted changes to the Consent Agenda, Item L is resolution number
08-628. Item M is resolution 08-629. I move that we approve the Consent Agenda and
for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Public Works Department
1. Budget Amendment for Floodplain Development Studies
for $42,000.00:
2. Budget Amendment for Five Mile Creek Restoration
Project for $3,200.00:
3. Budget Amendment for Collection System Manhole GPS
S stem for $22,146.00:
De Weerd: Okay. Item 6 under Department Reports. Tonight we will start with Kyle
Radek.
Radek: Madam Mayor, Mr. President, Council Members, we have three budget
amendments from Public Works. The first simply asks for the balance of money that
was approved in 2007, but not spent. It was I guess a mistake when we first asked for
the 60,000 for flood plain studies and we didn't make it clear that we wanted it to be