Water Main Easement with MSSB Enterprises, LLC for Meridian Storage CondosADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAH011l19108 10:26 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIillllllllllilllllli II III
RECORDED-REQUEST OF 10812311
Meridian City
WATER MAIN EASEMENT
THIS INDENTURE, made this day of~~, 2008_between M.S.S.B. Enterprises, LLC, 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 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)
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 mein
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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.
GRANTOR:
_ ___ ____
ember
STATE OF IDAHO )
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County of Ada )
On this ~~ day of ~ ~ _, 2008, before me, the undersigned, a Notary Public in
and for said State, personally appeared Chase S. Mart, known or identified to me to be the managing
Partner of the LLC that executed the within instrument, and acknowledged to me that such 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.
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GRANTEE: CITY OF MERIDIAN
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Tammy de eerd, y rJ `~~~~~~'~ ~~qy'%,i
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Attest by J ee Holman, City €ler .~, ~~ 1
Approved By City Council On:
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STATE OF IDAHO,
County of Ada
ss.
On this day of 1V~~~m4°'e^r , 2008, 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.
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July 7, 2008
Page 1 of 3
EXHIBIT "A"
WATERLINE EASEMENT
A waterline easement, across Lot 5 Porky Park Subdivision, recorded at Book 96 at Page 11881-
11883, Ada County Records, situated in the North Half of the South Half of Section 9, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being more particularly
described as follows:
Commencing at the northwest corner of said Lot 5 common to Lot 6 and North Principle Place
right-of--way, being the POINT OF BEGINNING; thence along the North line of said Lot 5,
North 89° 10'47" East 18.85 feet; thence leaving said north line
South 00°39'55" East 50.72 feet; thence
North 89°20'05" East 143.27 feet; thence
South 00°49' 13" East 120.79 feet; thence
North 89°14'05" East 185.08 feet; thence
North 00°45'55" West 5.00 feet; thence
North 89°14'05" East 19.01 feet to a point on the east line of said Lot 5; thence along said line
South 00°39'55" East 25.00 feet; thence leaving said east line
South 89°14'05" West 202.52 feet; thence
South 00°15'01" West 164.32 feet; thence
South 00°39'55" East 616.86 feet; thence
South 89°56'26" East 185.16 feet; thence
North 00°39'55" West 37.84 feet; thence
North 89°20'05" East 20.00 feet to a point on the east line of said Lot 5; thence along said line
South 00°39'55" East 58.09 feet; thence leaving said east line
North 89°56'26" West 225.16 feet to a point on the west line of said Lot 5; thence along said line
North 00°39'55" West 636.61 feet; thence
South 89°22' 19" West 10.50 feet; thence leaving said west line
North 00°39'09" West 10.00 feet; thence
North 89°20'51" East 12.03 feet; thence
North 00°49' 13" West 275.08 feet; thence
South 89°20'05" West 143.32 feet; thence
North 00°39'55" West 58.76 feet to a point on the right-of--way of North Principle Place; thence
along said right-o f--way, 11.99 feet along a curve to the left, said curve having a radius of 61.00
feet, a delta angle of 11°15'39" and a chord bearing and distance of North 4°5 ~'
to the POINT OF BEGINNING
Said easement contains 31,862 square feet or 0..731 acres, more or
1.97 feet
I PA GE 2
LINE TABLE
LINE BEARING LENGTH
L1 N8970'4YE 18.85
L2 N00'45'55'W 5.00
L3 N89'14'OS"E 19.01
L4 S0039'55"E 25.00
L5 S89~2'19'W 10.50
L6 N00:39'09"W 10.00
L7 N89~0'S1 "E 12.03
BDLG #5
WATERLINE EASEMENT
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Meridian City Council
November 5, 2008
Page 5 of 35
large part of the school's environmental awareness program. Meridian Academy has
placed recycling bins in each classroom, as well as the library, common area, and gym.
The school has eliminated 40 percent of the trash containers in the facility and recycles
an average of 200 pounds of material per week. I would like to congratulate each of
you for your recycling efforts and we encourage you to continue to do your due
diligence in helping us preserve the precious environment that we will pass onto our
future generations. So, every effort you do helps us in that regard. So, first, I would like
to present Crucial Technology their plaque and I do have City of Meridian pins for each
of you.
Zaremba: I'll have to say that 1 believe that swiveling podium is really slick.
Rountree: Isn't that neat.
Zaremba: That's neat.
De Weerd: Okay. Council, we will go back to our Department Reports. Item -
Item 7: Consent Agenda:
A. Approve Minutes of October 7, 2008 City Council Regular Meeting:
B. Resolution No. CARE to Share
Resolution:
C. Resolution No. :CPA 08-010 Request for
a Comprehensive Plan Text Amendment to revise the Street
Sections Map of the Ten Mile Interchange Specific Area Plan for
Ten Mile Area Map Revision by City of Meridian Planning
Department -Black Cat Road from the railroad tracks to I-84;
Franklin Road between McDermott Road and Linder Road; Ten
Mile Road between the railroad tracks and Franklin Road and Ten
Mile Road from I-84 to Overland Road -all within the Ten Mile
Interchange Specific Area:
D. Sanitary Sewer and Water Easement Agreements for Nola
Vacation by ZWJ Properties, LLC:
E. Approve Addition of Forsgren Associates, Inc. to Roster of
Qualified Consultants for Engineering Services:
F. Water Main Easement Agreement for Meridian Storage Condos
by MSSB Enterprises, LLC:
G. Change Order No. 7 for WWTP Expansion
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Meridian City Council
November 5, 2008
Page 6 of 35
Bird: Madam Mayor?
De Weerd: Yes.
Bird: Can we do that Consent Agenda first?
Rountree: We need to do the Consent Agenda.
De Weerd: Oh, Yeah. I'm sorry. I guess we do need to do the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda with one change, the request to vacate
Item No. D, to 11/18/2008. And, item B, resolution number is 08-630 and Item C is
resolution number is 08-631. And for the Mayor to sign and the Clerk to attest on all
papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
amended. All those in favor say aye. Oh, I'm sorry. Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports:
A. Legal Department -Bill Nary:
1. Tabled from October 14, 2008: Recommendation from
SWAC for Community Recycle Fund to The Idaho
Foodbank for $19,500.00:
De Weerd: I just was seeing of you guys were paying attention. Okay. Item 8 is our
Department Reports. We have been asked to remove Item 8-A-1 and we will hear that
on November 18th.
B. Police Department / HR Department:
1. Discussion of Budget Amendment Regarding Specialty
Pay for Police Officers:
De Weerd: So, I will move to 8-B and ask our police department.