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Water Main Easement with EP Crossings, LLC for Carrabba's Italian Restaurant08/02/2005 TUE 14:41 FAX 2089394445 The Land Group ~ 002/00 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAH010113I05 03:42 PM II I DEPUTY Neava Haney III I~~~~~I~~~~~~~~~~~~~~~~~~I~~~~ ~ ~~~ RECORDED-REQUEST OF 1 a~~ 1 ~~ r ~~ Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this~_ day off, 2(~between r(~'C ~''> ~ ~ ~f~ L w< ;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 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 WTR.doc Page 08/02/2005 TUE 14:41 FAX 2089394445 The Land Group THE GRANTORS do hereby covenant with the Grantee that they are lawfi~lly 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. 1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ..Peet f~u~ 2 ~.'~ ~~,-~.~ STATE OF 1DAH0 ) ss County of Ada ) On this ~T~ day of ~~~~z~ , 20~?5, before me the undersigned, a Notary Public in t and for said State, personally appeared A~f ~GrfREL N- GEk y Au7Na~rZED ~^E~(+gc'i~and known or identified to me to be the ,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. ___. ~N~N~M'~ ~~G~~ ~. try .~_~ ~~ -y~, NOTARY P LI RID t ~ptAR y = Residing at ~~~ ~„~, ~ Commission Expires: /~ ~ /~U ~ Ltt' ©,i~t ~~ r ..lop'Z,,• ~' OF ..•. ~ 003/007 Water Main Easement EASMT W'fR.doc Page._. CITY OF MERIDIAN Tammy Wee d, Mayor William G. Berg, Jr., City C Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) ~~~~~~~~~irr rrrrrrr~~~ ,, .~ ~ ; '~ L _= 9_ fi •~ ~VTY_ ~ ` ~~~`~ ~rrrrn nm~``~~ On this 'y ~ -day of ~ ~~- ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 i °~~ . * 'm ~ ~d y~ ~% 4j z .ti.; ~°s ~~~ ti fir" '.' _®93 ~ .. ~. Notar jrlRixb i~ fo Residing at: My Commission ~~ ~xNrBr-r A FOX Land Surveys, lnc. 4696 W. Overland Rd. 8to 162 a eotse Idaho a 83705 ~ 208-342-7957 a 208-342-7437 FAX WATER EASEMENT DESCRIPTION A PORTION OF THE SOUTHWEST'/a OF THE SOUTHEAST'/s, SECTION 4, TOWNSHIP 3 NORTH, RANf3E 1 EAST, CITY OF MERIDIAN, BOISE MERIDIAN, ADA COUNTY, IDAHO A Portion of the Southwest %4 of the Southeast %4, Section 4, Township 3 North, Range 1 East, City of Meridian, Boise Meridian, Ada County, Idaho more particularly described as follows; Commencing at a found 5/8 inch rebar with no cap marking the South'/4 Comer of Section 4 from which a found Brass cap monument marking the Southeast corner of said Section 4 bears South 89°23'11 East, a distance of 2658.62 feet; thence along the South tine of said Section 4, South 89°23'11" East, a distance of 714.66 feet to its intersection with the Southerly projection of the Easterly Right-of--Way of Venture Drive; thence along said projection, North 00°28' 15" East a distance of 58.22 feet to a found Aluminum cap monument marking the Northeast intersection of the Rights-ofi Way of Fairview Averwe (U.S. Highway 30) and Venture Street; thence along the Easterly Right-of-Way of said Venture Street, North 00°28'15" East, a d~tance of 194.36 feet to the TRUE POINT ~ BEGINNMIG; thence continuing along said Right-of-Way, North 00°28'15" East, a distance of 20.00 feet to a point; thence South 89°24'44" East, a distance of 137.16 Beet to a point; thence North 00°35'16" East, a distance of 2.61 feet to a point; thence South 89°24'44" East, a distance of 30.00 feet to a point; thence South 00°35'16" West, a distance of 22.61 feet to a point; thence North 89°24'44" West, a distance of 167.12 feet to the TRUE POINT OF BEGINNMIG. Containing 3,421 square feet, 0.078 Acres, More or Less. TOGETHER WITH: A Portion of the Southwest'/4 of the Southeast %., Section 4, Township 3 North, Range 1 East, City of Meridian, Boise Meridian, Ada County, Idaho more particularly described as follows; Commenting at a found 5/8 ~ rebar with no cap marking ifie Souh % Comer of Section 4 from which a found Brass cap monument marking the Southea.~t comer of said Section 4 beats South 89°23'11 East, a distance of 2658.62 fleet; Page thence along the South line of said Section 4, South 89°23'11" East, a distance of 714.66 feet to its intersection with the Southerly projection of the Easterly Right-of--Way of Venture Drive; thence along said pn~jec~ion, North 00°28' 15" East a distance of 58.22 feet to a found Aluminum cap monument marking the Northeast intersection of the Rights-of-Way of Fairview Avenue (U.S. Highway 30) and Venture Street; thence along the Easterly Right-of-Way of said Venture Stnret, North 00°28'15" East, a distance of 42.48 feet to the TRUE POINT OF BEGINNING; thence continuing along said Right-of-Way, North 00°28'15" East, a distance of 20.00 feet to a point; thence South 89°24'44" East, a distance of 12.18 feet to a point; thence South 00°35'16" West, a distance of 20.00 feet to a point; thence North 89°24'44" West, a distance of 12.14 feet to the TRUE POINT OF BEGINNING; Containing 243 square feet, 0.005 Acres, More or Less. Refer to attached sketch. FOX Land Surveys Inc. Timothy J. Fox, PLS 7612 End of Description TJF:taj W:IPROJECTS12004104-021-0I.PRJIPROJECIIADI~QM421 H2O ESMT DESC.doc Page ~~Af~.~ ~ ~ .. ~ CJ ~ -P rn O ~ X ~ r N D G! Z "' ~ s ~) c iU N ~ ~~ U1 a~ N Z n m n ~ ~ oTc~ N N 00'2 N N pNp ~ ~ ~~ N O -~'_ N ~ p ~~ ° o0 ow ~ ~ Ut ~l D m CS c a C I'~1 ~~ ~ IV s f -- ;~ 1 ~ II o I ~ I N ~~ ( I ~ ~ ~ D n~ ~ ~ ~ r ~ y~yZ m ~ ~ n ~ ~ ~ v Z ~' D Z ~ ~ ~ ~ DQ D - ~ ~ C7 n O ~ ~j 0 0 ~ ~~m Q z W Z C ~ Z r -1 ~ z z c "' z z --i ~ m m Z ~ Z --' co I c,~rS v~l~~l N~~ ~~ r~i I Imo' I I I I I i ~T~ NO rn~ _~, m 0 0 c;w CTi N ~ ~m O ~ O N _~ -P D m D N m m z -"~ C7 a T / _.. 11~ O Page ~Jl n~ Meridian City Council October 4, 2005 Page 2 of 61 and if you will all join us in the community invocation or take this as an opportunity for a moment of silence. Thank you for joining us. Regan: Madam Mayor, Members of the Council, shall we pray. Father, we come before you tonight, Lord, thankful for this time that we have. Lord, we thank you for the time that these individuals have, Lord, to gather here tonight in service to our city. Father, we pray as they are gathered here tonight to discuss the business of our community, Lord, you might give each one of them wisdom and guidance in the decisions that are made. Father, help them to know what's best for our community and for our city. Father, give them guidance and direction down that path. Father, we pray that your spirit might lead and guide each one of them. Lord, once again thank you for the time. We thank you for our community. Lord, we play that you might help us in the individual problems that our community faces, Father, that you might help us to remedy those, Father, and give wisdom and guidance. Father, once again we thank you and we praise you in Jesus precious name, amen. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have on the regular agenda one request by the city attorney, so we will add -- Item No. 21 will be changed to the ordinance 05-1188, the first reading of that ordinance for the Sudafed legislation and that will term Item No. 22, the Executive Session, and we will also be passing on Ordinances 05-1187 and 05-1188. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: And, Council, the pseudoephedrine ordinance in front of you is what we discussed last week. Bird: Yes, it is. De Weerd: Okay. There is a motion to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Special Meeting: Meridian City Council October 4, 2005 Page 3 of 61 B. Approve minutes of September 6, 2005 City Council Regular Meeting: F. Development Agreement: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: G. Development Agreement: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: H. Water Main Easement Agreement for Track Utilities Office by Buffalo Hump, LLC: I. Water Main Easement Agreement for Mountain West Bank: J. Water Main Easement Agreement for Chicago Connection by CC Investment Properties: K. Water Main Easement Agreement for Stow-It Mini Storage: L. Sanitary Sewer and Water Main Easement Agreement for Redfeather Estates No. 2 by Packard Estates Development, LLC: M. Award of Bid for Wastewater Treatment Plant Facility Expansion to JC Constructors, Inc.: N. License Agreement with Nampa Meridian Irrigation for the Black Cat Trunk Sewer Phase 1 Project.: O. Black Cat Trunk Sewer and Lift Station Project Addendum No. 5 with JUB Engineers: P. Agreement for Professional Services with BRS Architects for Scope of Services for Water Division Building: Q. Water Main Easement Agreement for Carrabba's Italian Restaurant by EP Crossing, LLC: R. Memorandum of Understanding for Hookup to the City of Meridian's Sewer /Water System Outside the City Limits with JLJ Enterprises, Inc.: S. Approve August Financial Report: Meridian City Council October 4, 2005 Page 4 of 61 T. Approve Contract for Economic Development Coordinator: De Weerd: Item No. 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would 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: Okay. I have a motion and a second. Canning: Madam Mayor, I'm sorry, I forgot to let Mr. Bird know that we need to table Silver Oaks for one week. Bird: Which one? Oh. Item B -- C, D, and E. Okay. I will withdraw that motion, if the second would agree. Rountree: I agree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we remove Items C, D, and E from the Consent Agenda until October the 11th, 2005, and with that approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. A motion to approve the Consent Agenda. Is there any discussion? Approve as amended. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Human Resources Department -Bill Nary 1. Benefits for Fiscal Year 2006: