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Water Main Easement with St Luke's Regional Medical Center, LTD for St. Luke's Regional Medical Center Parcel ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04109103 11:27 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City !MOUNTOn WATER MAIN EASEMENT 1111111111111111111111111111111111111 103058970 TillS INDENTURE, made this Z4i}day of /ntJAd.., 20ll..between St. Luke's Regional Medical Center, Ltd., a Non Profit 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 operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTION and EXillBIT 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. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Granlor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Water Main Easement Page 1 EASMT. WTRdoc st [likes 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 adjacent 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. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe aforementioned and described tract ofland, 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. Water Main Easement Page 2 EASMT.WTR.doc st lukes GRANTOR: ~. Gary Fletcher, C.O.O. Attest (Printed), Title (Printed) Attest: (Signed) STATE OF IDAHO) ) ss County of Ada ) On this 2.4TH day of ~ ARc..h , 20,Q3, before me, the undersigned, a Notary Public in and for said State, personally appeared~.J;I -¡:::ldr.her . and , known or identifi to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. NOTARY PUBLIC FOR IDAHO 60 l~e...) \ D QI'lCJfO'7 Residing at Water Main Easement A(p"'" /} ':>.00 7 Page 3 EASMT.WTRdoc st Jukes Approved By City Council On: LEGAL DESCRIPTION FOR PERMANENT WATER LINE EASEMENT ST. LUKES REGIONAL MEDICAL CENTER PARCEL This penn anent waterline easement is situated within the NW Y. of Section 16, Township 3 North, Range I East, Boise Meridian, Ada County, State of Idaho. Being a strip of land 20 feet in width being 10 feet on either side of of the following described centerline; Commencing at the NW comer of said Section 16, thence along the westerly line of said Section 16, SOO'30'52"E, a distance of2652.94 feet to the W 1/4 comer of said Section 16; Thence along the Center Section line S89"23'35"E, a distance of2041.58 feet; Thence leaving said Center Section line NOO'OO'OO"E, a distance of 10.00 feet to the Real Point of Bel!inninl!: Thence along the centerline of the said pennant water line easement N85°44'30"W, a distance of723,14 feet to a point; Thence N85°45'10"W, a distance of 58. 54 feetto a point; Thence NOoo06'44"E, a distance of147.31 feet to a point; Thence N89'53'16"W, a distance of30.00 feet to a point oftennination of the penn anent water line easement. The easement described contains 0.44 acres more or less. Basis of Bearing is SOO'30'52"E for the Westerly line of the NW 1/4 of said Section 16 as shown on Record of Survey 5306, Ada County Record. See Exhibit "A" 17 1",16 ~ N69'53'16"wr.. l ~ 30.00' L l I '" I I ~ f~.1 ~ ~::; ~ '" I~ l ~ 1 I ~- I L___- , - - PIc ~ - - - PIc ~ ~~~4' . .. ~ ~ ~ '3 ~ f <;; ! ~ !! ~ ! . EXHIBIT 'A' PERMANENT WATERLINE EASEMENT ST. LUKES REGIONAL MEDICAL CENTER PARCEL SEC 16, T3N, R1E, 8M ADA COUNTY, IDAHO POINT OF EASEMENT TERMINATION ST LUKES REGIONAL MEDICAL CENTER ROB 5306 It OF 20 FT. WIDE WATERLINE EASEMENT RIGHT 0' WAY ~;4f;.õ' P.O.B. 17 SB9'23'35"E 2041,5B' à INTERSTAlE 84 -.; > > l~- --- Meridian City Council Meetina ADriI1.2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, April 1, 2003, by Mayor Robert Corrie. Members Present: Tammy de Weere!, Cherie McCandless, and Keith Bird. Members Absent: Bill Nary. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Doug Strong, Dean Willis, and Will Berg. Item 1. Roll call Attendance: -----2L- Tammy de Weerd -L Bill Nary -----2L- Cherie McCandless .....K- Keith Bird --K- Mayor Robert Corrie Corrie: At this time I will open the Regular Meeting on Tuesday, April the 1st, at 7:00 P.M., the year 2003, in the City Council Chambers. At this time, I'd like to have the City Clerk have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Okay Item Number 2 is adoption of the agenda. Council, is there any additions or corrections to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Under Item E on the Consent Agenda, there is a resolution that has no number on it or anything and we are either going to have to get a number -- we have passed it. What is there -- we have to pull it off and put it on the Regular Agenda. We can't pass a consent item without -- without - with a resolution on it with no number. Have we passed this resolution? I do not recall it. Of course, I missed about two or three meetings there in January and February. Corrie: Mr. Berg did we - kind of have to help us here. Berg: Thank you, Mr. Mayor, Members of the Council. I see in the packet that the attorney included a resolution, which probably was overlooked when putting this item on the agenda, so we will just need to note and add a resolution number, which could be, if you want to adopt it, 03-401. I'm sorry there was no -- Bird: If the Mayor and the Council has seen that resolution, I have no problems with it. We can leave it on if we have got a number. Meridian City Council Meeting April 1, 2003 Page 2 of 47 De Weerd: I don't have anything. Corrie: I don't have any problem with it. Bird: Okay. As far as I know, that's it on the agenda and I would move that we adopt the agenda as noted with the change in Item E on the Consent Agenda. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further comment? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. C. G. H. Approve minutes of January 27, 2003 City Council Special Workshop Meeting: B. Approve minutes of February 4, 2003 Pre-Council Meeting Approve minutes of February 18, 2003 Pre-Council Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 03- 002 Request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No.1 by Capital Development - 4196 N. Zion Park Way: E. Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: F. Water Main Easement Agreement with Garv and Rosalie Winaett for Cascade Fence Company: St. Luke's Reaional Medical Center Easement Agreement: Beer. Wine. and Liauor License Renewals: Corona Village, Inc. - Beer and Wine Meridian Speedway - Beer and Wine A New Vintage Wine Shop - Beer and Wine Big Smoke, LLC - Beer and Wine I. Approve Bills: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Meridian City Council Meeting April 1 , 2003 Page 3 of 47 Corrie: Mr. Bird. Bird: I would move we approve the Consent Agenda with one change, that it be known that under Item E, the Meridian I Meridian Fire Protection District Firefighting Life Preservation Service Contract Joint Exercise of Power Agreement, that the Resolution Number for that 03-401. With that, that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. At this time, I would like to give to the City Council the name of Anna Powell to be appointed the Planning and Zoning Director for the City of Meridian. Anna is sitting here in front. Anna, if you'd like to stand up. We had a group of people interviewing a number of applicants and Anna has come out as the top one here, so, thank you, Anna, for being here tonight. Under the circumstances, I would like to nominate Anna Powell as the new Planning and Zoning Director and comments - I think we had two of the Council that was on that, so that's - any comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think Anna had a very good interview and she will bring a different perspective to the Department of Planning and Zoning. She has both public and private experiences degrees that will really help us look forward and do some good solid planning. I look forward to working with you, Anna, and congratulations. I guess we can't say really negative with her standing here, but I think you will do a wonderful job. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I would make a motion that we approve Anna Powell as our Planning and Zoning Director.