Water Main Easement with Kimball Properties Limited Partnership and Idaho Banking Company for Bonito Subdivision
AOA COUNTY RECORDER J, OAVID NAVARRO
BOISE IDAHO 11/17103 09:52 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
~ AMOUNT ,00
WATER MAIN EASEMENT
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103193115
THIS INDENTURE, made thi,zo'fhday of ~., 2003, between Kimball Properties Limited Partnership, an
Idaho limited partnership, and Idaho Banking Company, an Idaho corporation, the parties of the first part, and
hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and
hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the GTantors 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 GTantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the GTantors 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 GTantee, 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
easementdoc
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Water Main Easement
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.
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,
GRANTORS:
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GRANTEE:
Robert D. Corrie, Mayor AL ~
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Attest by William G. Be g, City Clerk>'II/II/UUNT'I' """",
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Approved By City Council On: ~~ t.... ~~I ~
Water Main Easement
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STATE OF IDAHO)
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On this 2vf#ì day of ()!tvber ,2003, 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 bel<~"ti!JÜ4,Eartnership and that said partnership executed the same,
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STATE OF IDAH~""'"
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County of Ada)
On this 20'1*1 day of (:trow , 2003, before me, the undersigned, a Notary Public in and for
said Sta~yersonally appeared M i cn¡;¡¿l John\tov¡ ,known or identified to me to be the
(;I:::;{) ofIdaho Banking Company, and he duly acknowledged to me that he executed
the within instrument on behalf of said corporation and that said corporation executed the same,
County of Ada
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County of Ada )
On this-1Lday of NbVVVvLbut ,2003, before me, the undersigned, a Notary Public in and
for said State, personally appeared ROBERT D, CORRIE and WILLIAM G, BERG, JR" 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.
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easement.doc
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SAN IT AR Y SEWER EASEMENT AND WATER MAIN EASEMENT
A sanitary sewer and water main easement located in the East y, of Section 20, Township
3 North, Range I East, Boise Meridian, Ada County, Said easement crosses portions of
Lot I and Lot 2, Block 4 of the Bonito Subdivision, recorded as instrument number
103142839 in the office of the Ada County Recorder on August 22, 2003, in Book 86 of
Plats at pages 9783 through 9788, Said easement is more particularly described as
follows:
Commencing at the northwest comer of said Lot 2 thence, along the northern boundary of
Lot 2 South 73°24'00" East 71.08 feet to the POINT OF BEGINNING; thence,
South 16°32'37" West 5537 feet; thence,
South 73°27'23" East 87.44 feet; thence,
South 16°32'37" West 5,00 feet; thence,
South 73°27'23" East 10.00 feet; thence,
North 16°32'37" East 5,00 feet; thence,
South 73°27'23" East 19,70 feet; thence,
North 16°32'37" East 20,00 feet; thence,
North 73°27'23" West 82,07 feet; thence,
North 17°17'37" East 3534' feet to a point on the northern bouridary of said Lot 2;
thence, along said northern boundary
North 73°24'00" West 35.53 feet to the POINT OF BEGINNING.
Said parcel contains approximately 3,641 feet, more or less, and is subject to all existing
easements of record or use.
EXHIBIT A
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'~, SANITARY SEWER AND WATER MAIN EASEMENT
AFFEC~nNG BONITO SUBDIVISION, LOTS 1 & 2, BLOCK 4
LOT 1
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BONITO SUBDIVISION ~Z!::J
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LOT 6
LOT 2
LINE TABLE
LINE LENGTH BEARING
L1 5.00 516'32'37"W
L2 10,00 573'27'23"E
' L3 5,00 N16'32'37"E
L4 19]0 573'27'23"E
L5 20.00 N16'32'37"E
L7 35,53 N73'24'OO"W
It
LEGEND
GRAPHIC SCALE
0 15' 30'
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SANITARY SEWER
DOMESTIC WA TER
RIGHT-OF-WAY
PROPERTY BOUNDARY
~ - - - - - EASEMENT BOUNDARY
1 INCH = 30'
EXHIBIT B
Mendlan City Council
November 5, 2003
Page 4 of 76
J.
F.
Non-Development Agreement: AZ 02-028 Cedar Sprinqs North
Subdivision for Lot 18 Block 13:
G,
Water Main Easement for Idaho Bankinq Company:
H.
Sewer Main Easement for Idaho Bankinq Company:
I.
Streetlight Agreement for Cobblefield Crossinq No, 1:
Streetlight Agreement for Baldwin Park No, 3:
L
Lease for Fire Safe House between the Meridian Fire
Department and the Meridian Rural Fire Protection District and
Joint School District No.2:
M,
Public Pedestrian Easement along Ridenbaugh Canal for §
Dorado Business Campus:
N,
Approve Bills:
De Weerd: Item Number 3 is the Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird,
Bird: I would move that we approve the Consent Agenda with one exception. Item
Number K needs to be moved to 5-K on the Regular Agenda, because there are some
questions we have got to -- need answered on that I believe our Parks Department is -
- I thought -- yes. She's here, so -- we move that to 5-K and that the Council President
sign and the Clerk attest to all proper papers.
De Weerd: Okay. Do I have a second?
Nary: Second.
De Weerd: Okay, It's been moved and seconded to approve the Consent Agenda, with
the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K.
Bird: 5-K.
De Weerd: And ask the Council President to sign and Clerk attest Mr. Clerk, will you
cali roll.
Roll cali: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Meridian City Council
November 5,2003
Page 5 of 76
MOTION CARRIED: ALL AYES
Item 4,
Department Reports
A,
Meridian Police Department:
1.
Discussion of Officer Ballistic Vests:
De Weerd: Okay, Four. Department reports, We start with the Meridian Police
Department Chief Musser.
Musser: Madam President, Members of the Council, I know there has been some
questions as to what the status of the Meridian Police Department is in regards to the
ballistic vests that have been in the news as of lale. Part of the reason I'm here this
evening is just to go ahead and update you on that The Department's really in pretty
good shape in regards 10 that We only have four of our officers that are affected by the
Second Chance Ultimate Vests thai are in question right now. One of the things I
wanted to let you be aware of is thai will probably be a replacement issue for the
department in this budget, looking at the approximately to 2,520 dollars to do thai
replacement, so we can immediately get them out of service, I believe we can probably
do it within our current budget However, if we do go long in uniform and equipment,
that would probably be the main reason why and I just wanted you to be aware of that
and I'll stand for any queslions if any of the members have any questions on the issue.
De Weerd: Council, any questions?
Bird: I have none. Thank you.
De Weerd: No. Thank you, Chief.
Musser: Thank you.
B,
Anna Powell - Report
De Weerd: Okay. Anna, we'll move on to Item B.
Powell: Madam President, Members of lhe Council, I'm sorry to barge my way onto the
department reports, again, and not make the agenda, Yet, again, I met with Ada
County staff and was kind of thrown a curve ball regarding the adoption of our
Comprehensive Plan, so I wanted to give you an update. We -- last week we discussed
the issues of the definition of rural area and the adoption of the -- or withholding Building
Permits until they are able to take care of lhe park plan fees and I think we got those
issues resolved. They have raised a new issue in the term rural area residential
development They want more guidance from the City Council on exactly what that
lerm might mean and, specifically, I think we have narrowed it down to -- I'm pretty