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Water Main Easement with R.T. Nahas Company of Idaho for Treasure Valley Business ParkADA COUNTY RECORDER J. DAVID NAVARRO 4 BOISE IDAHO 01116/03 09:34 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF III IIII'IIIIIIII(IIIIIIIIIIIIIII VIII Meridian City 1Ei~007~34 AMOUNT .00 WATER MAIN EASEMENT THIS INDENTURE, made this ~O~day of ~~• , 200 between R.T. Nahas Compan~of Idaho, an Idaho 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 theright- 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 andright-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 of Water Main Easement Page 1 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. G R: 1 restdent ~Q~,iT t~v. ,9--/~„q..s Secretary STATE OF IDAHO ss County of Ada ) On this 3 I '°'~day of , 20 ~ and for said State, personally appeared known or identified to me to be corporation that executed the within instrument, executed the same. before me, the President and Secretary, respectively, of the and acknowledged to me that such corporation a Notary Public in IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. o~ pN N S r~,:, ,~ vQ~: '' ''~:~~ ~° N T~A~RY~U LIC FOR ID ~,..~_. . ',. Residing at ~~ P~~+!,'": ~ Commission Expires: o?~ a ~/O ~ GR E: CITY OF MERIDIAN C1 \~pRf'~q ~ ~ ~.~~ . ~ = S~~L obe D. Corrie, Mayor =. 9GC a~ Q/~ '9~ SST ,g~( •'` ~ ~,~: Attest by William G. Berg, City Clerk Approved By City Council On: DZC~1MIOeY" ~~ ~~~' Water Main Easement Page 2 Ro~lance & Associates P.A. Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 LEGAL DESCRIPTION Exhibit A October 31, 2002 Project No. 2304 Legal Description of Waterline Easement R. T. Nahas Company of Idaho 2,466 Square Foot Easement Telephone (208)939-2824 Fax (208) 939-2855 An underground water line easement across a portion of Parcel A for the benefit of Parcel B. Said parcels being as shown on Property Line Adjustment Survey No. 5947, Records of Ada County, Idaho. Said easement being located in the Southwest'/a of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found'/z inch iron rod monumenting the most northerly corner of said Parcel A, thence South 38°-55'-52" East along said northerly line of Parcel A, a distance of 143.31 feet to a found 1/2 inch iron rod, thence South 67°-54'-24" East a distance of 162.70 feet to a point, said point being the POINT OF BEGINNING: The said easement being 10 feet both sides of the following described line: Thence South 22°-30'-00" West a distance of 43.69 feet to a point; Thence South 00°-00'-00" East a distance of 67.82 feet to a point; The said easement being 13 feet northerly and 7 feet southerly of the following described line: Thence North 00°-00'-00" West a distance of 14.79 feet to a point and the terminus of said easement. The above described easement contains 2,466 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824 (208) 939-2855 (FAX) 9 Qo-31 -4 ~/~ 2 '~ `~~'~' of \~ ~ X:\PROJECTS\Nahas\2278\Admin\Legals\watedine no. 3.doc D ~~ mm D~ ~~ m ^ w ? `° 3 `° ~n m Z ~^^ a°o~ ~"1/ v~ N m ~ ~ (~D 111 y (OrtCD N !n -~ Z N rt.SN 0 ~~ O m~D -n N ~MJ x c o ~_ W of°v Q ~aoO o, s w°~D ~w fA 0 oz ~~ ~? o __8. MIDU8TR'Y WAY Z '~ ~~ - - - - - - __ - ,__-~-~ '~_ • ! ~ , ?1 i1'7 m ~~~ ~~~ /~ i ~ ti~~ ~ f ~:~° '/ ~ ~ P i~ D ~~ %~ v ; • ,~~ 1' w ,a ~ i ~ D r~ ~ cNO D D m r~* ~ v / / !N~' ~ / ~ o ~ m / g o r zz ~m ~ / / ~ / ° ~ ~ m i i / / f ® 1~ i / ~ S 0'00"00"E 522; ---7.82'_, 43 ~ ••~ ~~ -- --~69 i 1 i fr / / i ~~ / / W O ~ / f/ / zZ ~ / ~ / --I z / ~ / Zo -~ ~ / G7 ~ / ~ ~ m ';~ / /, / ~~ /r // ' / ----d ~/ / D '~ / o ~'-... ; ~ ,' ~~ ~~~ N n D p m .~ v Z ~--i ~ m 0 Meridian City Council December 10, 2002 Page 2 of 37 Corrie: Mr. Bird. Bird: With that, then, I would move that we approve the agenda as noted. McCandless: Second. Corrie: All right. Motion has been made and seconded to approve the agenda as corrected. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of November 12, 2002 Pre-Council Meeting: B. Approve minutes of November 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 02-003 Request for Preliminary /Final Plat approval of 1 building lot on 3.8491 acres in a C-C zone for Goldstone Center Condo's by Sundance Company -southeast corner of South Eagle Road and East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 02-004 Request for Preliminary /Final Plat approval of 3 building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc. - 2150 East Fairview: E. Off-site Sewer and Water Line Easement, Heritage Commons (Quenzer Commons) -Eugene and Ardyce Quenzer: F. Sewer and Water Line Easement, Krispy Kreme - Gemtone, Inc.. +3 -Il~it°" "i~nt -- RAT:, hl~~h~ss~ H. Sewer Easement, Baldwin Park Subdivision No. 1 -Capital Development: I. Agreement for Services for Fire Alarm Maintenance -Audio Electronics, Inc.: J. Recommendation from the City Parks and Recreation Department for partnerships. Meridian City Council December 10, 2002 Page 3 of 37 Corrie: Item 3 is the Consent Agenda. We do have the addition of Item J. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda, with the addition of Item J, 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 to approve the Consent Agenda, with the inclusion of Item J on the Parks recommendation. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. All ayes. Motion approved on the Consent Agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Public Works Department: 1. 2003 Touchmark Crossing Water Main Extension - Professional Services Contract, Keller Associates: Corrie: Item Number 4 is Department Reports. Item A, Public Works Department. One is the 2003 Touchmark Crossing Water Main Extension - Professional Services Contract, Keller Associates. Mr. Watson. Watson: Thank you, Mr. Mayor and Council Members. I had intended for this to go on the Consent Agenda, so I won't bore you with the details. What this involves is a Design Contract with Keller Associates to bring water under the Interstate for the Touchmark project to the south side of the Interstate, which used to be -- I think it's called the Elk's property or something like that. It's the southeast corner of the I-84 and Eagle Road Interchange and bring water all the way over to Overland Road. Silverstone Subdivision is right there in that general area. Our modeling has shown that this is probably -- probably will be a needed connection as Touchmark and Silverstone develop out and Keller has done a lot of work for us in the past, as you well know. The estimated construction cost, just ballpark right now, is about 300,000. They are proposing a Professional Services Agreement of 24,800 and we would recommend approval of the contract for that amount. I would be happy to answer any questions.