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Sanitary Sewer and Water Main Easement with Rafanelli & Nahas for Central Valley Corp Park No. 6' t ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.OD 6 BOISE IDAHO 04121105 01:06 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III I'II'lllllllll'lll'IIIIIIIIIIII'II Rafanelli & Nahas 1 ~~~'~$~$~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day o , 20!~j~between~'t~S~ ~ ~1~~ ~•the parties of the first part, and hereinafter called t e 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, togethex 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.S&W MAIN. doc ,.r 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: /~gi~' ~~ °~ ~~~ . ~r,~t/F ~~7vS,E~ - /7'r/G~v~t~I ~N ~T President Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of f ~' ~f~ , 20~ ~jefore me, the undersigned, a Notary Public in and for said State, personally appeared JtlUe CtJ621L/ and --~ ~ ,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. ~~.~; ,AR Fyn ,~ L.i' ~'~ 'P '•. NOTARY P C FOR IDAHO Q ~~ 1-R k Residing at: ..~G~Q~tD V ~ ~'~ G Commission Expires: pUBv~ •r~ Sanitary Sewer and Water Main Easement EASMT. Wd, •..••'~pP 't MAIN.doc T~ ~'~ OF~~•••' • p~~~iN'' ~~~ c .. GRANTEE: CITY OF MERIDIAN Tammy ~' Attest by William G. erg, ity Clerk .. ~~t~wa~a, Approved By City Council On: ~ STATE OF IDAHO, ) . ss. County of Ada ) On this~~_day of I , 2~before me, the undersigned, a Notary Public in and for said State, 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. ,• ~, A._ 4~•~ ~ (SEAL) : ;', ~,~;~+: NOTAR LIG FOR IDAH Residing at: `~ ; Commission Expires: ~l~_ r~ ' c'~~ ~~•~ ~~ ~~ ~~~~ _~~ Mayor Sanitary Sewer and Water Main Easement EASMT.S&W MAIN.doc ~ ~~ I (~ ,.~....yY.- IDAHO SURVEY GROUP 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 Project No. 04-134-03 November 18, 2004 Revised January 24, 2005 Exhibit "A" Description for City of Meridian Sewer and Water Easement Lot 22, Block 2 Central Valley Corporate Park #6 Subdivision A strip of land being a portion of Lot 22, Block 2, Central Valley Corporate Park No. 6 Subdivision as filed in Book 76 of Plats at Pages 7960 - 7964, records of Ada County, Idaho and being more particularly described as follows: Commencing at the northeasterly corner of said Lot 22; . Thence along the easterly boundary line of said Lot 22 South 00°27'58" West, 32.04 feet to the REAL POINT OF BEGINNING; Thence continuing along said easterly boundary line South 00°27'58" West, 31.00 feet; Thence leaving said easterly boundary line North 89°14'44" West, 218.85 feet; Thence South 00°28'00" East, 104.38 feet; Thence South 89°32'00" West, 32.10 feet; Thence North 00°28'00" West, 21.12 feet; Thence North 89°32'00" East, 12.10 feet; Thence North 00°28'00" West, 83.69 feet; Thence North 89°14'44" West, 121.83 feet; Thence North 00°45' 16" East, 20.00 feet; Thence South 89°14'44" East, 119.75 feet; Thence North 00°22'45" West, 26.38 feet; Pr"o fessional Land Surveyors P'~~~ Thence South 89°43' 16" East, 20.00 feet; Thence South 00°22'45" East, 15.55 feet; Thence South 89°14'44" East, 221.00 feet to the REAL POINT OF BEGINNING. Contains 12,520 square feet, more or less. Prepared By: Idaho Survey Group, P.C. a ' /'7015 .~ 3~0~0~ 4 9 ~~r~o~~~ ~~~w Patrick J. Scheffler, P x!. SC~Q z'ese~.nS~.~ •~, ~ _ , I~~~~ ~I---- N ~ I f-j0 I QI ~ j (~iZ O U I`~iOZ ~ I I a- Z O N wiJ Z I'S IQ C7 Z m ~(ni~ m I I I I I I I I ' ~ I N I J I I I I I I I I I I I I I I I I I I I I I I I I I I _ I I I I I ~ I I I ' ~ i ~ 9Z~ NI NI I ~ ! ~Z '6Z L `~ -~I - _ \ ~. - - Z - - - -~---------------------- 1` ~~~ `~ ` ~ I \\~~ `\ \ I I `~~ I ~ ~ ~ \ ~ I ~ ~ I \~~\ O ~~ ~ I \~ CV O 9l~ I ; ~Z~ WI I I I O I o; ~ `~ ~I N i I c 071 i 001 i ` v Q J I I I z I I I ~ I I I ZZ~ OZ~ N I O N i I ,'~ ~~ " I ' ,. ,~ N ~ ~ i / ~ r ~ ~ i i~ \I ~~ ~i~ i ~i~ /^\\ I \ V / /~/ /fir ~\~ ` ~ / ~ ~ / \ \Y / ~\ I ~ /// i _J> I ~/~ I \ \ ^ / / .~ ~ N J j ~ 8 ~ EASEMENT LINE TABLE: J L__. ' -C- r7 ~, O LINE TABLE LINE LENGTH BEARING L13 32.04 S 00'27'58" W L14 31.00 S 00'27'58" W L15 218.85 N 89'14'44" W L16 104.38 S 00'28'00" E L17 32.10 S 89'32'00" W L18 21.12 N 00'28'00" 'W L19 12.10 N 89'32'00" E L20 83.69 N 00'28'00" W L21 121.83 N 89'14'44" W L22 20.00 N 00'45'16" E L23 119.75 S 89'14'44" E L24 26.38 N 00'22'45" W L25 20.00 S 89'43'16" E L26 15.55 S 00'22'45" E L27 221.00 S 89'14'44" E __ __,_ REVISED 1-24-05 108 N0• PHASE 2 & 3 EASEMENT EXHIBIT "B" FQR CENTRAL VALLEY CORPORA °~-,~ HE PARK 6 PROPOSED CENTRAL VALLEY CORPORATE PARK N0. Meridian City Council April 5, 2005 Page 2 of 58 Again, we thank thee for the blessings, which we have of living here, for the fine community that we have, and we pray in the name of Jesus Christ, amen. Item 4: Adoption of the Agenda: Wardle: Thank you very much, Glen. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the Consent Agenda, it's been requested by the Public Works director to move Item E to under department reports, which will be Item C, Public Works, and we will move it to there and -- Mr. Berg. Berg: Mr. Bird, if I could just ask for just a point of clarification. We have the item that we move consent items under. Could that be appropriate, so we can keep them in order? Bird: You bet. We don't have to put it under -- we can just put it under -- make it 7-E. Berg: Thank you. That makes it a little easier to keep the agenda -- Bird: That is great. And, then, we need to add an Item 3 for the city attorney and that's the zoning amendment from Ada County. And with that, the resolution and ordinance number we will get as we come to it. I move that we approve the revised agenda. Rountree: Second. Wardle: It's been moved and seconded to approve the revised agenda. All in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of March 8, 2005 Pre-Council Meeting: B. Approve Minutes of March 8, 2005 Regular City Council Meeting: C. Approve Minutes of March 15, 2005 Regular City Council Meeting: D. Streetlight Agreement for Sutherland Farm No. 4 by Great Sky, Inc.. F. Ustick and Linder Sewer Design Agreement with Engineering Northwest: Meridian City Council April 5, 2005 Page 3 of 58 G. Design of Waltman Lane and Ten Mile Creek Sewer Crossing Agreement with Erickson Civil, Inc.: H. Water Master Plan Agreement with CH2M Hill: I. Sanitary Sewer and Water Main Easement for Central Valley Corporate Park No. 7: J. Agarove Beer. Wine. and Liquor License Renewals: Lotus Garden Chinese Restaurant -Beer The Backwater Saloon -Liquor Bill N Lynn's Back Room -Liquor Meridian Bowling Lanes -Beer & Liquor Fiesta Guadalajara -Beer & Liquor Epi's a Basque Restaurant -Beer & Wine Winco Foods #48 -Beer & Wine Primo's -Beer San Francisco Sourdough Eatery -Beer Rite Aid #5412 -Beer & Wine EI Tenampa -Beer & Liquor Big Smoke -Beer & Wine The Cigarette Store -Beer Ultra Touch Car Wash -Beer Corona Village -Beer & Liquor Goodwood Barbecue Company -Beer & Liquor K. Development and Temporary License Agreement for Snake River Racing Club's Remote Control Race Track: L. Professional Services Agreement for Real Estate Acquisition Services, The Igo Company: M. Approve Bills: Wardle: No. 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve the Consent Agenda with the one item, E, being moved to 7-E of the regular agenda. Donnell: Second. Wardle: The Consent Agenda has been moved and seconded -- Meridian City Council April 5, 2005 Page 4 of 58 Bird: With the second, I need to add to that. Donnell: Okay. Bird: And for the President to sign and the Clerk to attest on all proper papers. Donnell: Second. Wardle: It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, will you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President -Shaun Wardle 1. Proclamation for Fair Housing Month: Wardle: Item No. 6 is a Department Report. I have a proclamation that I will be reading for Fair Housing Month. Proclamation. Whereas, April 2005 marks the 37th anniversary of the passage of Title A in the Civil Rights Act of 1968, commonly known as the Federal Fair Housing Act and, whereas, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969 and, whereas, equal opportunity for all, regardless of race, color, religion, sex, disability, familial status, or national origin, as a fundamental goal of our nation, state, and city and, whereas, housing is a critical component of family and community health and stability and, whereas, housing choice impacts our children's access to education, our ability to seek and retain employment options, the cultural benefits we enjoy, the extent of our exposure to crime and drugs and the quality of health care we receive in emergencies and, whereas, the laws of this nation and our state seek to insure such a quality for choice for all transactions involving housing and, whereas, ongoing education, outreach and monitoring, are key to raising awareness of fair housing principles, practices, rights, and responsibilities and, whereas, only through continued cooperation, commitment, and support of all Idahoans can barriers to fair housing be removed, therefore, I, Shaun Wardle, City Council President of the City of Meridian, do hereby proclaim April to be Fair Housing Month in the City of Meridian, County of Ada, State of Idaho. Thank you. Rountree: Good job. Wardle: My first proclamation. Thank you. And also just as a side note, as my department report, I would like to welcome our new fire chief Ron Anderson to our -- to his first City Council meeting in that official capacity. Welcome, Ron.