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Water Main Easement with Hill, Steven A. for Meridian Business ParkR ~ 5 ~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03112104 12:58 PM DEPUTY Joanne Hooper III Ililllllillllllllllllllllllll II III RECORDED-REQUEST OF MERIDIAN CITY 104~~~5'~~ RMOUNT .QO WATER MAIN EASEMENT THIS INDENTURE, made this /© day of ~, 20~between S~/~ ~. L~. (.~ ,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 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 construction, 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 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 EASMT WTRdoc ~-~a~~ ~ 0 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: ~~~ Q . ~~ Ik~sidext Qc~~nl.er Secretary STATE OF IDAHO ) ss County of Ada ) On this ~V hday of ~~;~~~, 2 ,before me, th ersigned, a Notary Public in ,and for said._ State, personally appeared . ~ anal . 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 above written. 1 1 (SEAL) Water Main Easement EASMT WTRdoc ~B~B_S_h_.Al...s~.. GRANTEE: CITY OF MERIDIAN ,~t ~~~`~~F~i~ir~~r,~~~ /'' Robert D. Corrie, Mayor SEAL ~'~""~' ;.~ „9O ~GST 1ST ~ ~ `~ Attest by William G. Be g, Ci Clerk %, q/'~ OP ~~.~ Approved By City Council On: ~ 6 ~ O STATE OF IDAHO, County of Ada ss. On this day of ~Q~~.a~h , 200,3, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG; - JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••.•`' 1CE L. S ••ti += Alf '• ckrc,t (SEAL) ~•` ~ ~~'~ •.• N T PUBLIC FOR IDAHO * ~OTq~r ~ ~ Res' ing at: ~Gi'i d~`tk '^'•~ * : mmission Expires: os//tea /07 ~• ~, AVBLZG ~~ .•• ,~ o ter. Water Main Easement EASMT WTRdoc Page ~,.~ CIVIL AND STRUCTURAL ENGINEERING Waterline and Meter Easement To the City of Meridian, Idaho Job No. P-75-03 12/1/2003 Land in the SW1/4SE1/4, Section 7, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, being within Lot 13, Block 2, Meridian Business Park, as per the Plat thereof, in Book 70, at Page 7158, County plat records, as follows: The South 15.00 feet of the West 20.00 feet of the East 40.00 feet of said Lot 13. ~. . `'sf r 1 '~ C:VServer Drives~(P) Project~Hill, Steveuvleridian WarehouselSurvey~75-03 easement.DOC '.I'rea~ure Vsclley- Ea~~ineers, Inc. ~fi80 E Pr~r~iclin Rd, Sprite 2?0 '~ar~r~a; .ldaha 8368 Ot~.ce: (208) 463-030 1^ax. (208) b3-4391 ~~~c~ti~.'TreasureValleyE eer.c .. ,;; Pages ~ 2-or-v3 ., 3 «80~ N ~~ Y Q a L`~! N o ® ~ O) o t- N U' Z gyg [~7 K -- c. s W J N ~ ( ~/ 0 ~~ II `. _ U C 4~ ~. ~ ~~ ~ ~o~~ ~ ~ ~~-~ ~ ~ ~' ~`~ $~ ~3 ~~ I ~~' i '~~'~Y j i I I 7 i kI I' 'I I I i. f l ' I ~ ~~ o ~ a 'n I~ ~ ~ u O~~VH ~~ i ao R~ ~ i~ ~ ~ E'j a i ~ I. ~ ~~0~ ~m ~~ IN I ;I 1 ~ v, O ~ '-' ~ `? c ~~~~EYOR ~'? ~ f aq h ~ ~ P v~ '~ ~ ss~~o ~ pae~...~~: ...~" City of Meridian, Public Works Engineering /nterOffice Memo Ta DEPUTY CtTY CLERK Frorre Kane Gienn C«~ D 3/15/2004 Ree Original / Recorcied Does for Vault ECF~~TEl~ l',itS of Meridian City Clerk Office 1) Water Main Easement for eve Hill Office/INarehouse 2) Water Main Easement for Christian Family Matters From the dealt of... Kane A Gletm Dept. Specialist Supervisor PutNic Wor1e3: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho83642-2600 (~) 898-5600 Fax: (208) 898-9551 • Page 1 Meridian City Council Meeting January 6, 2004 Page 3 of 24 Planned Unit Development to allow for ofFce uses along Overland Road and Millennium Way in an L-O zone for proposed Saae Crest fka Maverick Subdivision by Dirk Marcum and Michael Riggs - south of East Overland Road on the west side of Millennium Way: O. Findings of Fact and Conclusions of Law for Approval: CUP 03-056 Request for a Conditional Use Permit for an indoor soccer center in an existing business park in an I-L zone for Meridian Soccer Center by Meridian Soccer Property -south of East Franklin Road, west of South Locust Grove Road on East Piper Court: P. Findings of Fact and Conclusions of Law for Approval: CUP 03-053 Request for a Conditional Use Permit for development of a 2,800 square foot bank with drive-thru and future retail tenant with drive-thru in a C-C zone for Kev Bank by CSHQA -south of East Overland Road and west of South Eagle Road: Q. Development Agreement: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Highgate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: R. Resolution No. 04,417 Moratorium of Solid Waste Franchises• S. Water Main Easement for Steve Hill Office /Warehouse: T. Water Main Easement for Christian Family Matters: U. Purchase Order for Laser Fiche Up-Grade: V. Bear Creek Restroom Project Extension: W. Approve Bills: De Weerd: Okay. Item Number 3 is the Consent Agenda. Is there any discussion? Do we have a Resolution number for R? Okay. For the record, Resolution Number 04-417 is the item number for item R. Are there any changes? I would accept a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the resolution number being noted as 04-417. Meridian City Council Meeting January 6, 2004 Page 4 of 24 Nary: Second. De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution Number 04-417. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Okay. Now a motion on the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-417, the resolution. De Weerd: Do you want anyone to sign and attest? Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and second to approve the Consent Agenda with the Resolution Number noted, with the Mayor to sign and Clerk to attest to all appropriate papers. Mr. Clerk, will you calf roll. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 4. Department Reports: De Weerd: Thank you. Okay. Item Number 4. We know there is no department reports correct? Powell: Ma'am, I think I will pass tonight. De Weerd: What a good idea. Item 5. (Items Moved from Consent Agenda) De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda. Item 6. Ordinance No. AZ 03-018 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed