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Water Main Easement with Idaho Banking Company, an Idaho Chartered Banking Corporation for ICON Credit UnionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; 6018E IDAH012109110 08:59 AM DEPUTY lice Bait RECORDED-REgUESt OF III IIIIIIIIII IIII III IIIIIIIIIII III II Merician City i 10115737 WATER MAIN EASEMENT THIS INDENTURE, made this~~day of ~tJ'+!~ZU~between Idaho Banking Company, an Idaho chartered banking corporation, 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 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 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 GRAN"TORS 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-ot=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 -IBC 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Nick L/Barber, ice President and-S~e,+t+ia~Assets Officer 766`1 W. Riverside Drive Suite 201, Boise, Idaho 83714 Address STATE OF IDAHO ss County of Ada ) On this ~ ~; ~~ day of ~( j~'l? ~ ~,1~~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Nick L. Barber, known or identified to me to be the Vice President and Special Assets Officer, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year fist above written. f ~ ~e ~' a?i J a `/~ - r r ® ~ ~~ U /~ . _ t { ~ - Y ~. t ; ..,. .: Gi~• ry`g • V .. ' 4~-.: y:.., GRANTEE: CITY OF MERIDIAN ~ i~ LL NOT RY UBLIC FOR IDAHO p~ Residing at ~~LLb~'~ (LIC~y~1. ~(~~C't~~ 1~ Commission Expires: ~'~\?p~ \~ Water Main Easement EASMT WTR -IBC ~~ Tammy de Weerd, Mayor \,.~`~ pF Mcc~,~ ~~.,~~~ ~ Fo Attest by ycee L. Holman, City Clerk ~]~,,~.~ - 7 aM G ~ Approved By City Council On: ~ Lt '` O STATE OF IDAHO County of Ada ss ~~~~.~ cG~JNTY , t~\,~`~• ~~~f~iirn~ ii~~~~~~~~ On this ~ day of I~~~e_rn h~,~ , 20 l U ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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. ..- -•. •.• ~-~1C.~ l•. ,, ~ ~~ ,~: (SEAL) ,,yn: _••~~~ Y~LIC 0 :. '••....• NO~'.~1RY Residing at: t'(~X Commission Expires: Water Main Easement EASMT WTR -IBC Leal C7escri tp ion City o~ Meridian Water Easement -Easement No. Z Exhibit A An easement being located in the NW %4 of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 24, from which a brass cap monument marking the northwest corner of the NE %4 of Section 24 bears N 89°47'20" W a distance of 2618.71 feet; Thence N 89°47'20" W along the northerly boundary of said Section 24 a distance of 1309.35 feet to a point marking the northeast corner of said NW '/4 of the NE'/4; Thence leaving said. northerly boundary S 0°43'57" W along the easterly. boundary of said NW °/4 of tfie NE'/4 a distance of 317:26 feet to the POINT OF BEGINNING; Thence continuing S 0°43'57" W along said easterly boundary a distance of 15.00 feet to a paint; Thence leaving said easterly boundary N 89°16'03" W a distance of 10.00 feet to a point; Thence N 0°43'57" E a distance of 5.00 feet to a point; Thence N 89°16'03" W a distance of 20.00 feet to a point; Thence N 0°43'57" E a distance of 80.22 feet to a point; Thence S 89°47'50" E a distance of 10.00 feet to a point; Thence S 0°43'57" W a distance of 70.31 feet to a point; Thence S 89°16'03" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 1053 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 16, 2010 \flN~L LANDS ~~`~~~STE F ~` /~ 1,r ~, ~ ;,, i 1111 ° ~, ~ ~~jlb(~o s s ~~ 9TF O F \OP ~~ 2r~ N W . N P~ ~~-~~~ ~ t~1 ~.~:t~r ~_~~-- Land Surveying and Consuinng ICON Water Ease Job No. 10-39 lT~" F Ef~l ~ TEf~ E.~EME~lT EASEMEI\IT fVC). ~ - EXHIBI7~ B 13 N 89'47'20" W ~• ~~f~~NQ ~aAd 2618.71' 13 18 1/4 - - - - 24 1309.37' 1309.35' 24 19 o• ~. ~ r, fR Meridian City Council December 7, 2010 Page 3 of 50 Limelight located at 3575 E. Copper Point Dr. F. Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision G. Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order H. Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road I. Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West CarltonlN. West Washington Project for a Not-To-Exceed Amount of $54,965.00 J. Task Order #10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for aNot-To-Exceed Amount of $133,404.00 K. Task Order #10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for a Not-To-Exceed Amount of $175,150.00 L. Order of Conditional Approval of Final Plat TE 10-029 Bainbridge Subdivision by Brighton Investments, LLC Located West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone N. Findings of Fact, Conclusions of Law for Approval: MDA 10- 007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Meridian City Council December 7, 2010 Page 4 of 50 Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) O. Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District P. Resolution No. 10-757: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission de Weerd: Item 5 is our Consent Agenda. Hoaglun: And Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: On our Consent Agenda, again, Item 5-P is resolution number 10-757 and with that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: 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. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items. A. Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department