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
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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.
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GRANTEE: CITY OF MERIDIAN
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Water Main Easement EASMT WTR -IBC
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Tammy de Weerd, Mayor \,.~`~ pF Mcc~,~ ~~.,~~~
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Attest by ycee L. Holman, City Clerk ~]~,,~.~ -
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Approved By City Council On: ~ Lt '` O
STATE OF IDAHO
County of Ada
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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.
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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
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~_~~-- Land Surveying and Consuinng
ICON Water Ease
Job No. 10-39
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EASEMEI\IT fVC). ~ - EXHIBI7~ B
13 N 89'47'20" W ~• ~~f~~NQ ~aAd 2618.71' 13 18
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24 1309.37' 1309.35'
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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