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Sanitary Sewer and Water Main Easement with Joint School District No. 2 for Meridian AcademyADA COUNTY RECORDER J. DAVID BOISE IDAHO 09/01/04 10:35 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Public Works NAVARRO AMOUNT .00 10411516 SANITARY SEWER AND WATER MAIN EASEMENT V:X THIS INDEI`t7E'tIRE, made this ~. day o 20~between + ~ , the parties of the first part, and hereinafter called the Granto the City of Meriidiis, Ada County, Idaho, the party of the second parE, aril hereinafter called the Grantee; WIT`NE5SETH: V~/xEREAS, the Grantors desire to provide a sanitary sewer and w~ main riglrt-of--way across the premises and property hereinafter paJrticulsrly bounded and des~bed; and WHEREAS, the sanitary sewer and water main is to be provided far through an underground pipeline to be constructed by others; and VVHF.REAS, it will be necessary to maintain, ~arrice and subsequently aranoct to said pie from time to time by the Grantee; NOW, T'I~REFORE, inconsideration of the bene&ts to be received by the Grant©rs, ~l other good and valuable cansidesation, the Grantors do hereby give, grant and convey u~o the Gra~ee the right of--way for an easement for the construction, operation, maintenance, repair, replacement of sanitary sewer and water mains over and across the following descnbed property: (SEE ATTACHED EXHIBTF A and 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, additional connection thereto, repair and replacement at the cx~nvenience of the Grantee, with the free right of access to such facilities at any and all ~. TO HAVE AND TO HOLD, the said t and right-of--way unto the said Grantee, it`s suc~sors 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 waterline, Grantee shall restore the area of the easement and ad}scent propeftyto that existent priorto undertal~g such construction, repairs and maintenance. Ho~vevez, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there th violation of this easement. THE GRANTORS hereby covenant and agree that they will nat place or allow tcf be placed any permanent structures, trees, brush, or perennial. shrubs or flowers within the area described fa+r 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 bouadaties ©f aay public strce2, then, to such extent, such right-of--way and easement hereby granted which lies within such Water Main Easement Page 1 WTR-swr.sehool district EASMT i "~ 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 the aforementioned and described trxt of land, and that they hanre 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 WFIEREOF, the said parties of the first part have hereunto subscribed their signattues the day and year first herein above written. GRANTOR: Superintendent STATE OF IDAHO ) County of Ada ) On this i ~ day of 7'~1~q (~tsf , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally Li~GCa Clar(~. and known or identified to me to be the Superintendent of 3oint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. I have hereunto set my hand and affiaced my official seal the day and year # al''""' r ~ cam ~p ~vD ~1G ~ NOTARY PUBLIC FOR IDAHO • G+•~Gi~ OF I94'~0~~ Residing at `~/1,QJ1,td..taitu. •~G~ ~~~~+auu+++++ Commission Expu~es: 3 ~ D ,,, MERIDIAN ,~~``~` O~ ~ ~~ "" GRANTEE: ~~y= ~,;.; .` G G,p~PO~ ,ry,, ~? r~0 Tammy ~, = S~Y'~~., . O T 1 S~ ~ •~" . Attest by William G. Berg, ity Jerk Approved By City Council On: ~+`. Water Main Easement Page 2 WTR-swr.school district EASMT P,~~~- STATE OF IDAHO, ) ss. County of Ada ) On this~day of qus~' , 2004, before me, the undersigned, a Notary Public in and for said Stag personally appeared TAMMY DE WEERD 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. ~'~~1CF' L' s.{l 4. (SEAL) ~`* tiOTq~~,'~ , ~~~ • * . N .pp8L1G ~; ~~~,.,'~. B~pF ID P~,.O,'. ~~~r-rrrru----, NO ARY PUBLIC FOR IDAHO R IDI GAT: r~'~~2h M C MMISSION XPIRES: D B p CPS, BOtTNDARY, E TOPC)GRp-PtiiC AND ALT.A SURVEYS s fond Surveying, Inc. ~°' G ~~ ii2i E. State Street Suite i/3 • ~nho 83b1b i•~8-939-73T3 fox ~-Yf8-939-7321 LEGAL DESCRIPTION FOR MERIDIAN SCHOOL I?ISTRICT MERIDIAN ACADEMY Utility Easement Job No. 04831 J.B.F. 3-18-04 Part of the West 1 /2 of the Southeast 1 f4 of Section 8, Township 3 Ncxth, Rage 1 East of the Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southeast comer of Section 8, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and n~nning thence N89°53'S0"W 2571.Q5 feet along the South line of said Section; thence NQO°31'40"E 718.49 feel to the P(}IATI' QF BEGIl~INING; thence S89°53'54"E 190.65 feet; SOd°19'S7"W 156.66 feet; S$9°53'54"E 20.00 feet; thence NOD°19'S7"E 156.66 feet; thence S89°53'S4"E 287.41 feet; thence 11100'°31'40"E 54.28 feet; the~xe N89°53'S4"W 1453 feet; thence S00°06'06"W 14.28 feet; thence N89°53'S4"W 299.51 feet; thence N00°06'06"E 15.21 feet; theme N89°53'S4"W 20.00 feet; theme S0t}°06'06"W 15.21 feet; thence N89°53'S4"W 164.13 feet; theme S00°31'40"W 40.00 feet to the point of beginning. E X H I3 IT ,A- P n~89's354w ~ 2o.1w'~ ~ o 0 '~~ oh vNi~ ;~ O NB9'S,334'iN '~ "~ Af89'S.~ 54,'iY Q(~ 164.13' ti ~ 2 299.51 1 LANAh'K ST. 589'SJ 54 ~' 190.65' ';~ h`u`` ~j~o ght Idh cn ~ 2 .589 a3541~ 10.OD' S89'S334'~ 287.41 ' n xW O a h O 08 I7 FRANKLIN RII. .. Land Surveying, lnc. ~ ~ L9ND SURY~YING ~1VD CIVIL I111tG~G o 1121E STATE STREt7 Sfi~TE 105; ~~. 836:& (208) 939-7373; FAX (208)939-7321 !"' O NB9'S3507Y 2571.Q5' E xNis i7 ,~gN :: 8 T. 3 N., R. l E.B.M. MERIDIAN ACADEMY .its--as r~a~ ~ OF nr Br• .ate a~-83t l l Br: ae,c 'W Ail .n 7 Meridian City Council August 24, 2004 Page 2 of 48 the freedom of this assembly tonight. Father, I also know you know our hopes and maybe some of the plans and the dreams represented here this evening and pray specifically that you would guide in those. Father, just give this Council in leadership wisdom this evening as they deliberate through some of the different decisions and the affairs of the night and I pray for those, too, who are here to share some of their hopes and see what progress they can make and what freedoms they have to do things to move forward for their families, for their community, that you would just guide in each of these and I pray especially maybe watch over our attitudes, too, Lord. It's -- and you know we need help with that. And just, again, the privilege that is ours to be gathered like this. So many places around the world know nothing of this. We are, indeed, grateful to you for it and our desire here to see the continued greatness of this city and this community for our families, for our citizens, that we could be the best ever. So, to that end we ask for your direction and guidance tonight. And thank you, again, for this time, in Jesus' name, Amen. De Weerd: Thank you, Pastor Moyer. And I would also like to give you a community pin. Thank you. Item 4: Adoption of the Agenda: De Weerd: Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird, it's nice to have you back to make these motions. We were lost without you. Bird: Yeah. You bet. I thought you were. I'll bet it didn't even get started. I move we adopt the agenda as revised on August 24th, 2004. Rountree: Second. De Weerd: It's been moved and seconded to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 20, 2004 Pre-Council Meeting: B. Approve Minutes of August 10, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAC 04-004 Request fora Vacation of a 20-foot strip of property Meridian City Council August 24, 2004 Page 3 of 48 extending from the Creason Lateral north approximately 810-feet for Salisbury Subdivision No. 2 by Woodside Properties -west of North Meridian Road and south side of West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 036 Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. -south of West Ustick Road and west of North Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 042 Request for Preliminary Plat approval for 81 building lots and 11 other lots on 19.7 acres in a proposed R-8 zone for Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. -south of West Ustick Road and west of North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-016 Request fora Conditional Use Permit fora Planned Development for reduced lot frontages, lot sizes and block lengths that are less than the 500 foot minimum in a proposed R-8 zone for Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: G. Development Agreement: IZZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: H. Approve Beer and Wine License for Limelight - 3575 East Copper Point Drive: I. License Agreement for the Well 25 Flushing Line Project: J. License Agreement with Nampa & Meridian Irrigation District - Clearbrook Subdivision: K. WWTP Headworks Modifications and Trunk Sewer Additional Services: L. Contract for Downtown Meridian Transportation Management Plan: M. Sanitary Sewer and Water Main Easement for Meridian Academy by Meridian School District: Meridian City Council August 24, 2004 Page 4 of 48 N. Water Main Easement for Central Park Plaza by R.T. Nahas Co. O. Design of Well 10 By-pass and Seven Flushing Stations -Civil Survey: P. Personal Services Contract between the City of Meridian and Whitman and Associates, Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: De Weerd: Item 5. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I thought I had taught Shaun how to take over, but -- De Weerd: You did. Bird: He's falling down. I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Thank you. It's been moved and seconded to approve the Consent Agenda as presented. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Appointment and Re-Appointments for Traffic Safety Commission: De Weerd: The next item, Item 6, is a little bit just cleanup in some sense with the Traffic Safety Commission, assigning dates for the current members. We just updated the ordinance and added several citizens in and so you have -- you should have -- okay. You should have that on your computer screen. Bird: The safety commission or the traffic commission, Madam Mayor?