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Home My WebLink AboutWater Main Easement with Joint School District No. 2 for Meridian High School CafeteriaE "~ RECORDED-REQUESTO~' ~~<~„ 1'(.1`J~1TY RECORt1ER '. l=' ~~f' ' 1€l Y~'~I~RO ''-, ° ',~' FEE ;,~QEPtJ~`Y_~ ~ 7 p, ~ 1~'" WATERJMAIN EA~EMEN~ ~ ~ ®~ ~ 5 ~LRlUlAN CITY THIS INDENTURE, made this 26a' day of October 2001 between Meridian Joint School District No. 2, 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 Granteetheright-of- way for an easement for the 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 making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such 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 Page 1 EASMT- WTR.doc .~ 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: istine Donnell President/ Superintendentt,~Mer~idian Joint School District No. 2 Marilyn D. Schug C~~ U Secretary / Clerk of the Board STATE OF IDAHO ) ss County of Ada ) On this 13th day of November , 2p01 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Christine Donnell and M. Schug ,known or identified to me to be the President and Secretary, respectively, of the ®°,,en®,,,®~orporation that executed the within instrument, and acknowledged to me that such corporation ~~~~~ ~ ~_ ~d ~ ed the same. e ba~a°Sw ~ ~a~~r~w®®~°' ~ ~~°Jo ,~ ~ I1~~~SS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year 1 ~t a~d~`e~written. ~. a w A® ~' U 1$ L~~-~~ ~~ ~;a ~~.~,~(.eC.~ (~-- NOTARY ;~~ ~ `~~bs;~p~~~r~~~~~ ,;~,~~®~° PUBLIC FOR IDAHO o~~1,e~ U~ t~ °°°°° Residing at /~.~ J i.M ['ommisslon Expires: GRANTEE: CITY OF MERIDIAN ~,,~ obe . Corrie, Mayor \~G rF0 S~ ~L Attest by William G. Berg, 'ty C k ~ = ,~~~ ti°'~ p ~~ y ~; ~~, Approved By City Council On: //~Za /G / `%~,r `~'"° • --~,• `~~ .~~~ -~~'' Water Main Easement Page 2 EASMT- WTR.doc -,... ,, EXHIBIT "A" Fire Line Easement Description A 20.00 foot fire line easement in a portion of the Southeast '/4 of the Northeast '/4 of Section 1 1, Township 3 North, Range 1 West, Boise Meridian, in the City of Meridian, County of Ada, State of Idaho, lying 10.00 feet each side of the following described centerline: Commencing at the southeast corner of the Southeast '/4 of the Northeast %a of Section 1 1, Township 3 North, Range 1 West, Boise Meridian; Thence North 00°00'00" East, 454.40 feet, along the east line of said Southeast '/4 of the Northeast '/4 ; Thence at right angles North 90°00'00" West, 409.50 feet to the True Point of Beginning; Thence North 00°18'54" East, 312.40 feet; Thence at right angles North 89°41'06" West, 43.20 feet to a point on the face of the new building and the terminus of this easement. The limits of said easement shall be extended or shortened at the beginning, terminus and all angle points, so as to make for a continuous and uniform width of access throughout. i o ~' ~~ o and R W~ Q tv~~ Q ~~" p o n ~O = Wow Jer~^ ~yt~ Q`a~,o^,,`Ojry o aW3 ~ ~~mo$ ~ VIOVI 62a~: p r ^~ 2O~W a2~2 OR ~° Ea W O Q Zxz !~o ~Ys 4 ~v N~pym WQ~W Q ~h'~= S ~~ ~ \ V_ mW~• ~$ N ~ O w O~~a~ ~ ~~g~ yt~ (~'~ ~~~ ~aWxg 4J 0®~m O, d- PO ~ W~~2 as S~ O ~\ mho°° S ~d ~ rrV^^ ~+J .. O W ~ ovoa a3o-vn y 0 U _ry b-~-._~~ .. _ .. _ .. _ .. _ .. yffYZC! .. - .. _ .. _ .. _ .. _ .. _ .. _ .. - .. _ .. _ .. - . 3,00.00.00N ^~ O Z I ~ i ~ o W ~ ~QO I ~ a mW xWO ~ Q~~ ~ W ,~~m~ ~Wyy ~~ ~$ (h ~ ~3~ ~ ~ Q X 2 ~ L.) H 2 ~~ ~ti 1 ~ L,~ ~ I; b~' 2 _~ ttl Ltl Ltl ,~ I$ N ~ ~ t~7 ~ t/~ ~ ~~~ ~ I~ ~~~ _1 ~ ~_~~ ~ J ~ ^ a Lt~ I a ?a ~ ~ ~ _ S~ •• 2W2 ~W y r3~----- •--or~ir-- -__3ys.e~ooN=- _- _-Y - - - - - - ig o~------------- _~ Ir~"'I r igl:i I m _ ~ a 3~ ~~ 2~ Wm a J C R Q ~ y • U R Meridian City Council Meeting November 20, 2001 Page5of51 Corrie: Okay. Any discussion? Questions? Bird: I have none, Mayor. With that 1 would make a motion that we approve Public Works Change Order No. 1 for the 2001 Fire Hydrant Replacement Project, an additional amount of $2,300 and for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the Change Order on the Fire Hydrant Replacement Project in the amount of $28,900. Bird: 3,000. De Weerd: 31. Corrie: $31,200. Okay. Any further discussion? Roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Watson: Thank you, Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just as clarification, were we approving just the Change Order there, Brad, or the Award of the Contract to -- Bird: Just the Change Order. Watson: Councilman Anderson, just the Change Order. ft's the close-out Change Order on the project. Anderson: Thank you. 3. Meridian High School Cafeteria Addition -Water Main Easement: Watson: The third and final Public Works item is just a Water Main Easement from Meridian School District. They are adding onto their cafeteria out at the high school and they are constructing a little bit more water main and we required an easement on their site for operation and maintenance of that facility. We would recommend approval of that easement and I'd be happy to answer any questions. Corrie: Council, any questions on that one? Meridian City Council Meeting No~rember 20, 2001 Page 6 of 51 Bird: I have none. Corrie: Entertain a motion, please. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion to approve the Water Main Easement between Meridian School District and the City of Meridian. Corrie: Okay. Bird: Second. Corrie: Motion has been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council, I need to go back and take avoice - take a roll call vote on the Five Mile Sewer Phase 2. That does require a roll call vote. So we will go back and do a roll vote on the Five Mile Sewer Phase 2 Award of the Contract. Berg: Mr. Mayor, just to refresh, the motion is the Award of the Contract to Brown Construction. Corrie: Brown Construction, $223,077.75. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: Okay. Thank you. MOTION CARRIED: ALL AYES. Item 6. Ordinance No. AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to C-G zones for Sparrowhawk Subdivision by Hubble Engineering -northeast corner of Nola and Franklin Roads: