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Sanitary Sewer and Water Main Easement with Wild Shamrock, LLC for Touchmark Living CenterRECOROEO - REQUEST OF aQ~ CUUNTY REOORpER J ~1~,'dli' `~~VA~~O 'e r~r ~''',. I~~r~~'^k.~ I ~EE...~ae~~ar~r z ~z~~ ~~ ~ ~~ ~~ 102065547 ~~Rro~q,~ ~!~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~~day of ~_, 20 ~ between WILD SHAMROCK L.L.P. , 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 sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED "EXHIBIT A"AND "EXHIBIT B") The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 20201-sanitarysewer&water-eas 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 whomever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. WILD SHAMROCK LL.P. ,.e,~w,,,,~,~ f, -~'- Kenrick "Rick" E. Thomas, Partner STATE OF IDAHO ) )ss. County of Ada ) On this day of ,20 ,before me, the undersigned, a Notary Public in and for Said state, personally appeared ~. and , Known or identified 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. ````~~~PS~y tl HqC ~ii~ ~ ~; ~~~ = ~*= ~~i ~' •~~~ ~~~•~ ~~~ No-tary PtYblic for I aho Residing at My commission Expires GRA E: CITY OF MERIDIAN ~Ojq~~ ~OP~ ~~~~ c ob rt D Corrie, Mayor ~ Attest by William G. Berg, C erk Approved By City Council On: ~ ~ 2 q \``\~,ttt1111611///// \\~~~.~y pf MEj3~~r~%,~~~ :~~ C3' G~RPOR,gT ~9,y ~''; ~ ~O SEAL - ,yG Opj ;; 9 cGST ~s~ ,~~ ~o \ r~ 20201-sanitarysewer&water-eas 1 EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENT PROPOSED TOUCHMARK LIVING CENTER SUBDIVISION May 8, 2002 An easement lying in Parcel 2 of Record of Survey No. 5306 as recorded at the Ada County Recorders Office, lying in the NE 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of the NE'/4 (N '/. Comer) of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 00°13'01" E 939.06 feet along the west line of the NE'/4 of said Section 16 to a point; thence N 90°00'00" E 426.32 feet to the REAL POINT OF BEGINNING of this description; Thence N 00°00'00" W 118.46 feet to a point; Thence N 90°00'0" E 42.50 feet to a point; Thence S 00°00'00" E 35.61 feet to a point; Thence S 45°00'00" E 70.45 feet to a point; Thence S 00°00'00" E 33.04 feet to a point; Thence S 90°00'00" W 92.31 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, PLS 4998 20201sswatease.des EXHIBIT "B" SECTION CORNER 8 9 S 89' 28' 47" E 1 16 LOT 1 I~~ LOT 3 SECTION CORNER 9 10 16 15 ~N 0 R w .--~ ° UNPLATTED i' _ I ~ m / ~~ ~ a ~ w R.O.S. N0. 5306 ~ ~° z o ~/ ii i i mac I I ~G I I 1 \ `fG~ ``~ I SANITARY SEWER AND N 90'00'00"E \ ~ ~iG ~J' i ~ WATER EASEMENT 42.50 ~ \ J'~o y~, r S 00'00'00"E 35.61' \ ~' ~J' N 00'00'00"W S 45'00'00"E 70.45' \ 118.46' S 00'00'00"E 33.04' \ N 90'00'00"E 426.32' S 90'00'00"W ~ ~ ~ 92.31' ~ ~ ~ \ \ BLOCK 1 ~~~------ ~~,--~\ `~ \~~\\ \\ ` \ ~ \ \ ~ ~ ~ LOT 2 \ \ \\~ ~ 1 I ~ ~ PROPOSED TOUCHtuIARK LIVING I ~ ~~~- ~ CENTER SUBDNISION ~o~~ CENTER 1/4 CORNER BRIGGS ENGINEERING. INC. SANITARY SEWER AND WATER EASEMENT REVISION WILD SHAMROCK L.L.P. - GRANTOR PROPOSED TOUCHMARK LIVING CENTER SUBDIVISION BRIGGS LOCATED IN THE NE 1/4 OF SECTION 16, T.3N., R.1 E., B.M. SHEET MERIDIAN, ADA COUNTY, IDAHO (2D8)344-9700 1 OF 1 1800 w. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO. 801SE, IDAHO 83705 DPM 1" = 200' 05/07/02 20201 20201ssease.dw N 1/4 CORNER 2706,25' 9 _S 89' 29' 19" E 2702.58' 16 E. FRANKLIN ROAD Meridian City Council Meeting Mav 29, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:50 P.M. on Wednesday, May 29, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Bill Nary, Cherie McCandless. Others Present: Gary Smith, Brad Watkins, Shari Stiles, Stacy Kilchenmann, Bill Nichols, Mike Worley, Ken Bowers and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Cherie McCandless X X Bill Nary X Keith Bird Mayor Robert Corrie Corrie: Okay, I'm going to open the City Council regular meeting on Wednesday, May 29, 2002 at 6:50 P.M. Please have roll-call attendance please, Mr. Berg. Item 2. Adoption of the Agenda: Corrie: Okay. I apologize to the public. We got a little late start. We had a meeting with the ACRD. Council, Item Number 2 is Adoption of the Agenda. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd like to move that we move Item 3 to Item 11 towards the end of the meeting. 1 was also going to request and I don't know if this is the right spot, but on Item number 9, the ordinance number, ask if we table that matter to our June 11th meeting to give the Police Department and the City Clerk's Department an opportunity to discuss some of the changes and how they may affect their departments and comment if they need to. Corrie: Okay. Nary: Oh, and on the finance report, too. I think Miss Kilchenmann requested that we basically change the order of that to take up Item 3, the Woodbridge Latecomers Payment Agreement first and then the finance report and then the purchasing policy. De Weerd: Second. Meridian City Counal Meeting May 29, 2002 Page 2 of 52 Corrie: Okay. Any other additions or corrections? Council. Okay. Motion has been made and second. Would you have roll-call, please -this is the adoption of this agenda. All in favor say aye. Motion carried. Item 4, Consent Agenda. 4. Consent Agenda: A. Approve minutes from May 7, 2002 City Council Regular Meeting: B. Approve minutes from May 14, 2002 City Council Special Joint Meeting /Workshop with Meridian Rural Fire Protection District Commission: C. Easement for Touchmark Phase 1-B: D. Temporary Sewer and Water Easement for Bridgetower Crossing No. 1: E. Waterline Easement for Storage Cubby's Project: Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda and all proper papers to authorize the Mayor to sign and the Clerk to attest. Nary: Second. Corrie: Motion been made and second to approve the Consent Agenda. Any further discussion? Hearing none. Roll call vote Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. All ayes. Corrie: Okay. All ayes. Motion is approved. Item Number 5 is Assessment Briefing by Ada County Assessor Bob McQuade. So we will have-Bob. Glad to have you here. Name and address please, Bob. Just for the record. 5. Assessment Briefing by Ada County Assessor Bob McQuade: McQuade: Mr. Mayor, thank you. I'm Bob McQuade, the Ada County Assessor. 200 West Front Street. That's our new address. Just wanted to stop by and tell you what's going on with the assessed values. It might be a bit anti-climatic because there was a big article in the Statesman on Monday, which was talking about the assessed values. But I'm going to have some specific information for you as well as some total market values so you can get started on your budget process, if you haven't already. The total market value in Meridian this year is the 2002 assessment year is $2.6 billion dollars. That's up 16'/%. That's the