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Sanitary Sewer and Water Main Easement with Wrinkleneck Partners, LLC for Maverick Overland & Locust GroveADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05/25105 08:36 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIII RECORDED-REQUEST OF 1050~~147 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 18th day of Ate, 2005 between WRINKLENECK PARTNERS LLC, 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 EXHIBITS 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, 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 making repairs or performing other maintenance, 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. Sanitary Sewer and Water Main Easement EASMT.SW 1 p~ae..~.~t, 2.. 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 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: WRINKLENECK PARTNERS, LLC Bradley E. Miller Manager STATE OF IDAHO ss County of Ada ) On this 18th day of Ate, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Bradley E. Miller ,known or identified to me to be Manager, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and Y,~a~nfi~~jove written. .•• w ~•. ,,.vvc~ ~N:...°l~~ ~, .,;~ ~~'f AR y ~~.. G PUBV, p y,,gTE OF `,,o~ Sanitary Sewer an'der Main Easement r ~ ARY PUBLIC IDAHO iding at: ~~ Commission Expires: 7 ~/-tea/~ EASMT.SW 1 P.~~- GRANTEE: CITY OF ~~'~ ~..+ Tammy de Weerd, M r `' 1S'f -* ~ ''~ Attest by William G. B rg, City Clerk Approved By City Council On: ti-~~~~J" STATE OF IDAHO, ) . ss. County of Ada ) On this ~~~ day of , 2005, before me, the undersigned, a Notary Public in and for said State, personall 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. '~~~'• ~ ~ (SEAL) ~ ~~T~r .~.~~ ~VSL1G ~~ . ~~0~; Sanitary Sewer and Water Main Easement tY PUBLIC FOR IDAHO ion Expires: p ' o v- easement wrinkleneck P'ag~.,~~----...... ~~ ~~ C/VlL AND STRUCTURAL ENG/NEERING Exhibit "A" .Description for Mavrick Store Overland & Locust Grove Sewer and Water Easement to the City of Meridian Job No. 04122 May 6, 2005 Land in the SE1/4SE1/4 of Section 18, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southeast Corner of said Section 18, marked by a brass cap monument and as shown on comer perpetuation record Inst. No. 103176248, Ada County Records; thence, along the South Line of said Section 18, South 89°44'18" West, a distance of 137.11 feet; thence North 00°15'42" West, 48.00 feet to the north right of way line of Overland Road and the POINT OF BEGINNING; thence along said right of way, South 89°44'18" West , 124.34 feet; thence North 00° 14'28" West , 31.32 feet; thence North 89°45'32" East , 10.00 feet; thence North 00° 14'28" West, -92.68 feet; thence North 89°44"30" East, 20.00 feet; thence South 00° 14'28" East, 100.75 feet; thence North 89°37'02" East, .94.33 feet; thence South 00°15'42" East, 23.44 feet to the POINT OF BEGINNING. Containing 4,995 square feet or 0,11 acres., more or less. r '~ ~_r}~ ~ , ~,'° ra ~,,Y ~~~~~~ P:Uviavrick\Overland & Locust\Drawings\Survey\04I22desc;h4AVR1CK sewer and water EASEMENT DESC.DOC t..=~; _: ~=_i'Jt= ; ~,. _. .:Ir~~. ~:~f~iW~; (?f3~, ~+(,~~y-(3305 " :~ rzrthit a_ ,,.~, ~.<;t) fs{x: ('{~Y'r-~(i4 I:~t~l ~`~. '7,-= ~3-1 t1i'3 i~ S{ `-. 11"41~i ~ "t'1~;71tL ~:'£li~s 't ~YKL+?1Ji s IN;II ti 'y ~~ ~'• -~` ~~ 4. h n7 t] ~"' 4~ ~ °U' oa SC C N m a ~ ~ "~, m ~ ~- ~ ~ ~ w o ~ b n c~a '• ~ ``7 y ~ ~! 0 ~ ~' n DiYG~: 1655-04 I 0 m z r D Z O Zl O D 0 N00'15'42"W 48.00' 'D O m V7 Qa tD V i~ I ~ ~ ~~, y (/3 -, -. N00'14'28"W Z - 31.32' ------- ~ cn gyp (,i ~ Ip N N 00'14'28" L°-rn W 92.68' -- ----------- --~ z IN ~ Io ~ Ip ~ IO W O ~'1 ~------------- I ,SL'00l --------------3 r*i 3 BZ,b L.00 S ~ ~ I :; I ~~ I Z ~ ~ I I tp ~ I / ~ ti/ J I - Ip {,.,~ I # ~ Im I I ~ h^q~ ?~ I Ico (' ~~' 1 ? i W . -~1 ~ 1+`y ~ I ,~ ~. i ~ • h~ V.l ~ I ,bb'~Z J 3„ Zb,Sl.00S M~ v v ~ , ( '~ , 1""'""~ ~~ ~ ~ y L J ~: +r..e .i .~ ~..... ~: .. ~ ~ ~ .rwr ~ . r N. LOCUST GROVE RD Meridian City Council May 3, 2005 Page 3 of 38 MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 5, 2005 Pre-Council Meeting: B. Approve Minutes of April 12, 2005 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kingsbridqe Subdivision by Vision First, LLC - 4070 South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 004 Request for Preliminary Plat approval for 130 single-family residential building lots and 3 common lots on 76.72 acres in a proposed R-3 zone for Kingsbridqe Subdivision by Vision First, LLC - 4070 South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-004 Request fora Conditional Use Permit fora Planned Development consisting of single-family residential lots in a proposed R-3 zone with reductions to the minimum requirements for street frontage and request to exceed the maximum block length allowed for Kingsbridqe Subdivision by Vision First, LLC - 4070 South Eagle Road: F. Sanitary Sewer and Water Main Easement for Maverick Country Store by Wrinkleneck Partners, LLC: G. Sanitary Sewer and Water Main Easement for Southstone Subdivision by Southstone, LLC and Lewis Family Properties, LLC: H. Public Works Department Customer Service Training Agreement: I. Streetlight Agreement for Saguaro Cannon by Farwest, LLC: J. Streetlight Agreement for Lochsa Falls No. 12 by Lochsa Falls, LLC: K. Streetlight Agreement for Fulfer No. 3 by Kevin Howell Construction: Meridian City Council May 3, 2005 Page 4 of 38 L. Streetlight Agreement for Fulfer No. 4 by Kevin Howell Construction: M. Streetlight Agreement for Paramount Subdivision (lighting for Fox Run Way): O. Streetlight Agreement for Sheridan Place Subdivision by Coppertree Development: P. Approve Beer, Wine and Liquor Licenses: Baja Fresh -Beer Q. Approve New Beer and Wine License for Sidelines Sports Bar -1767 West Franklin Road: R. Approve Bills: S. First Addendum to Development Agreement: RZ 03-013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with one change. Item N be pulled as per architect's request and for the Mayor to sign and the Clerk to attest on all proper papers, after they have been signed by applicants. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Is there any discussion? Hearing none, Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department -Stacy Kilchenmann 1. 2nd Quarter Finance Report: