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Water Main Easement with Joint School District No. 2 for Education Campus Subdivsion S 124t, ADA COUNTY RECORDER J. DAVID NAVARRO 4 BOISE IDAHO 0?J14103 09:09 AM DEPUTY Kris Vaughn RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIII'IIIIIIIIII IIII City of Meridian 10302 1 ~4 AMOUNT .00 S p ~('6.1s.. WATER MAIN EASEMENT THIS INDENTURE, made this2~~day of q v1 , 20'3 between .TOI -'1 ~" Sch OU) 1~)S}Ylc.fi N7?• Z 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 adj acent 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 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 WATER EASEMENT.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: ~~~Cc.~-~/ l/Lt-ate, President Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of fQ.VlttA.r'U , 20 0'Z, before me, the undersigned, a Notary Public in and for said State, personally appeared C~ris~hc DDYLNe and I~I.A,vi h 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 fist ~~ypi~y~~i~~n. ~ '9 ~•. ~4g` ~O,~~Y * ~ NOTARY PUBLIC FOR IDAHO ~~• Residing at `~(,QJI~,d[lM~c, ~ ~.~ ~ pVSy1G O ~ Commission Expires: 3 -a?-D 3 G E••CI~~~OF'MERIDIAN ,~`'~.~`l OF ~R~O/~~~''~, ob D. Corrie, Mayor - S~!~L v a~ .: 9o cGS,. ~~~ , ~ .r° ~~ Attest by William G. Berg, ity Jerk ~. .- l1. ~~~` Approved By City Council On: ~~AY-v1 a VI^ 7ig~ ~~ 3 Water Main Easement Page 2 WATER EASEMENT.doc a R l ~~ rJ-V~B ~ Engineers Surveyors Planners Project: 11850 Date: December 12, 2002 EXHIBIT 'A' EDUCATION CAMPUS SUBDIVISION SOUTH WATER LINE EASEMENT A parcel of land as shown on ROS 5920, being a portion of the Southwest'/a of Section 32, T.4N., R.1E., B.M., Meridian, Ada County, Ida ho, and represented on the attached Exhibit 'B', and being more particularly described as follows: Commencing at a found aluminum cap marking the West'/a corner of Section 32; from which a found 5/8".Iron Pin marking the cente r'/a corner of said section bears South 89°34'35" East, 2,654.05 feet; thence South 20°32'01 "East, 980,73 feet to the POINT OF BEGINNING, thence South $9°38'40" East, 121.00 feet to a point; thence North 00°21'20" East, 60.26 feet to a point; thence South 89°38'40" East, 71.83 feet to a point; thence North 00°21'20" East, 10.81 feet to a point; thence South 90°00'00" East, 30.00 feet to a point; , theme South 00°21'20" West, 11.00 feet to a point; thence South 89°38'40" East; 47.34 feet to a point;, thence South 00°00'00" West, 20.00-feet to a point; thence North 89°38'40" West, 129.29 feet to a point;: thence South 00°21'20" West, 60.26 feet to a point; thence North 89°38'40" West, 141.00 feet to a point; thence North 00°21'20" East, 20.00 feet to the POINT OF BEGINNING. Said parcel contains 0.159 acres (6,936.89 sq. ft. ). END OF DESCRIPTION Prepared by:. J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. d 8575 ~ -z-.Z-~ o 9~~n° of ~o'~ 9~p M. RMH:Ihc F:\ProjectManagers\GAL\11850\11850-Sur\Admin E-mail\Descriptions\11850H2oSouth.doc EXHIBIT 'B' EDUCATION CAMPUS SUBDIVISION SOUTH WATER LINE EASEMENT IN THE SW 1 /4 SECTION 32, T.4N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 12-12-02 W.1 /4 COR SEC. 32, P.O.C. C.1 /4 COR SEC. 32 ~ ~vvT.vv ,~ a S o ~~~ o ~,~: ,~ ` ,, N00'21'20"E S90'00'00'E ' `, 10.81' 30.00 ~~ S89'38'40"E 00'21'20'W ~ S89'38'40"E ~~ 71.83' 11.00' 121.00' ~ N00'21'20"E S89'38'40`E P . 0 . B . ~ 60.26' r 47.34' N89'38'40"W \~\ ~- ZI" ~` f _ll_1~` 000' "W ' " 141.00' _ _ _ _ll~~ 89'38 40 W • AA AAA N. ~L ~~ 1 "- 200' ---------- TIE LINE ONLY WATER EASEMENT S00'21'2C 60.28' 8575 ~z-,~-~ OF hl . Meridian City Council Meeting January 28, 2003 Page 2 of 51 A. Findings of Fact and Conclusions of Law for Approval: CUP 02-033 Request for a Conditional Use Permit to open a retail shop for children's gently used clothing, toys, etc. in an O-T zone for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: B. Findings of Fact and Conclusions of Law for Approval: VAR 02-016 Request f or a Variance from t he P arking O rdinance a nd Landscape Ordinance for Johann and Rachael Kretzschmar by Johann and Rachael Kretzschmar - 124 East Pine Street: C. Findings of Fact and Conclusions of Law for Approval: RZ 02- 007 Request for a Rezone of 2.83 acres from R-4 to L-O zones for Meridian First Baptist Church by Meridian First Baptist Church - 428 and 506 West Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: RZ 02- 006 Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start by F riends o f C hildren a nd F amilies, I nc. - 321 and 333 West Broadway Avenue: E. Findings of Fact and Conclusions of Law for Approval: CUP 02-037 Request for a Conditional Use Permit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start by Friends of Children and Families, Inc. - 321 and 333 West Broadway Avenue: F. Development Agreement: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: G. Schrammeck Easement Addendum, South Slough Sewer Project: H. Waterline Easement, Platinum Point Building in Silverstone Subdivision - Sundance Investments, Inc.: I. Waterline Easement, Charter High School Medical Arts Building in Education Campus Subdivision -Joint. School District No. 2: J. Sanitary S ewer Easement, Charter High S chool Medical A its Building in Education Campus Subdivision -Joint School District No. 2: Meridian City Council Meeting January 28, 2003 Page 3 of 51 K. Agreement for Professional Services, Civil Survey Consultants - ACHD Locust Grove Road (I-84 to Franklin Road): L. Well No. 14 Piping Modifications Bid Award, Star Construction: M. Contract for Services, Xerox -City Clerk's Office Copier: N. Finance Report: Corrie: Item Number 3 is the Consent Agenda. Do we have any changes on the Consent Agenda or any item on the Consent Agenda you would like to have pulled off? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda and authorize the Mayor to sign and Clerk attest on any agreements or contracts. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. Corrie: All ayes. The Consent Agenda is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports A. Fire Department: 1. Presentation of Award for Service: Corrie: The next item is Item Number 4, Department Reports. Fire Department, Chief Bowers. Bowers: Mayor Corrie and City Council Members, this is kind of a sad time in our -- in the history of the Meridian Fire Department. We have a firefighter that has put in many, many years with the Fire Department, has -- out of 35 years with the department he's probably only missed maybe f ive nights of training. He's one of the gentlemen that when I started was able to instruct me in how to drive the fire trucks. I don't know if that's good or not, but thanks, Bruce, on that part. Also learned how to pump the trucks, how to park them away from a fire so they don't get blistered and burnt, so right now,