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Water Line Easement with Paramount, LLC for Julie Subdivision Church ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ ~' 601SE IDAHO 04!22!05 10:19 AM DEPUTY Patti Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III REDORDED-REQUEST OF 1~5~49333 City of Meridian This sheet has been added to document to accommodate recording information. WATER LINE EASEMENT THIS INDENTURE, effective this -,~ day of March, 2005, by the undersigned PARAMOUNT, LLC, who maintains a mailing address of 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water line is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a water line over and across the following described property: (SEE ATTACHED EXHIBIT A) The permanent easement hereby granted is for the purpose of construction and operation of a water line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a water line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. VNATER LINE EASEMENT, Page 1 of 2 ~~e._1__~~.--- THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. PARAMOUNT, LLC By: Tur bull Family Limit Partnership, Member By: David W. Turnbull, Genera Partner STATE OF IDAHO) ss County of Ada ) On this ~~'day of ~, 2005, before me , personally appeared ~-~ + ~ ~f • t ~ / h l-~c.~.JL~ ,proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ~•- -7i a ~ ~ ~~~ `G ~. PUev ~.~0 ~~~~~.' ,~,TA TE ~p~ 1~~•~~• Beneficiary: CITY OF MERIDIAN By_ Tammy de ATTEST' ~ .~ /`~"`" William Berg, Jr., City CI rk NOTARY P~LIC FOR IDAHO My Commission Expires on /1-/ -~D/ ~ ~~ .,` ; ;~~ .,r . ~,„,.-~ Date approved by Council: ~'"l2' © 5 WATER LINE EASEMENT, Page 2 of 2 Page STATE OF IDAHO, ) ss. County of Ada ) On this~_day of .~ , 2005, before me, the undersi ned a Nota Public in and for sai State ersonall a eared TAMMY DE 9 ~ rY ~ p Y pp 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. ~. ~,. G ., (SEAL) ;~'~'; "~' ~' '~~ ;NOTARY PUB I FOR IDAHO ' ~ ~ :RESIDING AT: ~` ~ AMY COMMISSION EXPIRES: • • 'O' '•~T~,_ ~~F T~P'~ page_S.1.JD~£.~... En~ineerin~ North west, LLe 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 02-037-01 Date: March 18, 2005 JULIE SUBDIVISION CHURCH WATER LINE EASEMENT DESCRIPTION An easement over a parcel of land located in the SW 1/4 of the NW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence South: OQ°SS' 15" West,. 2657.66 feet on the section line common to said Sections 25 'and 26 to the 1/4 section corner common to said Sections 25 and 26; Thence reversing direction, North 00°55' 15" East, 555.86 feet on the section line common to said Sections 25 and 26; Thence leaving said section line, South 89°04'45" East, 25.00 feet to the REAL POINT OF BEGINNING of this easement; Thence North 00°55'15" East, 10.00 feet; Thence South 89°04'45" East, 338.64 feet; Thence North 45°55'15" East, 41.11 feet; Thence South 89°04'45" East, 8.28, feet to a point on the westerly lot line of Lot 3, Block 4 of Paramount Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 8$ of Plats at Page 10163 of Ada County Records; Thence South 00°55'15" West, 20.00 feet on the westerly lot line of said Lot 3; Thence leaving said westerly lot line, South 45°55'15" West, 41.11 feet; Thence North 89°04'45" West, 346.93 feet; Thence North 00°55'15" East, 10.00 feet to the real point of beginning. ~8~® 1 ~, 3-14 ~~ ~~,~~~~ cF ~a~~. R, i~p`~~ Julie Subdivision, Church Water Easement.doc PREPARED BY: Engineering Northwest, LLC James R. Washburn, PLS Page t of 1 __ _. 5._ JULIE SUBDIVISION CHURCH WATER LINE EASEMENT EXHIBIT S.23 S.24 _ _ T W, CHINDEN 6lVD. (HIGHWAY 20/26) 5,26 S.25 SCALE 1 "-~ oo' N 3 .n L sa9ro4'45"e 25.00' I io ~~ w' in ~I 8 Q O Q: W 0 z. J Z W 1 ~ $ S89ro4'45"E !~ o h~ 8.28' S ^ h,~ ' S00'S5'15"W ~ ~ S89ro4'45"E 338.64' ~a~ a'~~ '~ 20.00' ~n"CR'C~~R~'~R~~RT~R~""CRn~CR~ J~ ~ lU~.~1ULVULVVI~1UL~lU1~lU1~1~'~`' ~ 1 N89'04'45"W 348.93' ~y k'` w .n _ iq o° °z I i W. CAYUSE CREEK OR. "^'~~ 1/4 S.26 S.25 Psg~J~1 Meridian City Council April 12, 2005 Page 2 of 58 De Weerd: Thank you. It's nice to have you here. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, the fire department has requested, under the approval of the beer, wine and liquor license renewal, that we move the Vina Chinese Restaurant to 7-B. They have some questions. And the Item F resolution number is 05-468. And Item G is 05-469. Under Department Reports we'd like to add Item D, which is Public Works, Brad Watson. And Item 16 on the regular agenda is Ordinance No. 05-1139, 17 is Ordinance No. 05-1140, and No.18 is 05-1141, and 19 is 05-1142. And with that I would move that we approve the revised agenda. Rountree: So moved. De Weerd: Is that a second? Wardle: Second. De Weerd: Thank you. I have two motions and a second. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of March 15, 2005 Pre-Council Meeting: B. Approve Beer. Wine. and Liauor License Renewals: Albertsons #164 - Beer 8~ Wine Albertsons #180 -Beer & Wine A New Vintage Wine Shop -Beer & Wine Hark's Corner -Beer & Wine Dancing Dog Coffee House -Beer & Wine Whitewater Pizza & Pasta -Beer & Wine Wingers -Beer & Wine JB's Restaurant -Beer & Wine Wal-Mart Store -Beer & Wine Andrade's -Beer & Wine C. Water Main Easement for Trout, Weeks & Nemec Law Office by EIG Commercial, LLC: D. Water Line Easement for Julie Subdivision (Church Property): Meridian City Council April 12, 2005 Page 3 of 58 E. Water Main Easement for Church Proaertv (proposed Julie Subdivision) by Church of Jesus Christ of Latter Day Saints: F. Resolution No. 05-468 Parks and Recreations New Fees: G. Resolution No. 05-469 VAC 05-002 Request for a Vacation of existing power lines, sewer, irrigation and storm water drainage easements for Boise Valley Commons by CSHQA - 2400 East Overland Road: H. Well 20B -Construction Services Agreement with CH2M Hill: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that on the Consent Agenda that Vina Chinese Restaurant be pulled to 7-B and that Item F be noted as Resolution No. 05-468 and Item G be 05-469 and I move that we approve the Consent Agenda with the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no further changes, Ms. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Employee Service Awards: De Weerd: Thank you. Okay. Item No. 6 are the Department Reports. Tonight I have the honor to recognize a couple of our staff members, our city staff members. It's always a great opportunity to recognize our staff for longevity with the city and I don't know if I even see some of these people here. I would like to recognize those with five years of service. We have Terry Anderson, Joe Silva, and Greta Seals. If you will come forward? We just want to thank you for the years of service with the city. It's with dedication and long-term employees like this that we are able to do real extraordinary Meridian City Council April 12, 2005 Page 4 of 58 things that we do in the city. Greta, do you want to come forward as well. The city has been able to do some pretty amazing and pro-active things and I believe it's truly because of the dedicated city employees that we have. So, it is my honor to recognize your years of service tonight and, Terry, I have a certificate. Thank you. We appreciate you coming tonight. And, lastly, I'd like to recognize one of our police department personnel, Captain John Overton. He has been with us for 15 years and he certainly -- we have seen him move up through the ranks and continue to be amazed at the good work that he does and appreciate your years of service, Captain, congratulations. Mr. Nary, I think that HR needs to recognize Councilman Bird for his years of service, so if we can get that on the agenda -- Bird: Oh, you have already given me one. De Weerd: Oh, did I? Bird: But you didn't give me a -- De Weerd: The what? Rountree: He didn't get the button. Bird: I didn't get the button. Nary: Different mayor. Bird: Different mayor. 2. Farmers and Merchants State Bank Old Bank Building: De Weerd: Sorry, you just didn't choose the right mayor to serve under. Okay. Item No. 2 is regarding the Farmers and Merchants State Bank. I have kind of briefly mentioned this to you and we talked about the offer of Farmers and Merchants on their vacated building that was going to be torn down. In light of the shortage here and the lack of space that we have at City Council, they have offered use of that building if we would just pay for the utilities and the taxes. I believe that Anna has looked at the Conditional Use Permit for the new building. We would have to go in and modify the CUP to extend the date of demolition of the building for two years and -- in order for us to do that and we can proceed along that line if you approve this tonight. The cost for utilities and taxes would be a little over 1,200 dollars a month. Claire Bowman with Meridian Development Corporation would also like to have an office in that building and so that cost would be slightly less with the participation of the MDC upon their board's approval. So, Council, I would open up any questions you might have. Bird: Madam Mayor? De Weerd: Mr. Bird.