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Water Main Easement with Kimball Properties for El Dorado Retail CenterADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAH010120105 01:35 PM DEPUTY Vicki Allen III IIIIIIIII IIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF I 10515 r'~0 City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this ~ t day o~, 20 between k~ ~~Dj~/~(~ u; 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; WIfNESSL'tfi: -'_ 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 theright- 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 puipose 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 andright-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 malting subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent 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 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: K l rn ~ ~ i'/` eS li. ~ "-'1 ~ (,-t,~ !.'~h.r/~, ~~ ~~ p Secretary STATE OF IDAHO ) ss County of Ada ) On this ~~ day of Se ~e r 20 QSbefore me, the undersigned, a Notary Public in and for said State, personally appeared ~_ ins 7`'~ K. H . !M ©m Y'P -a~- known or identified to me to be the ~e~~j~~~~~ s~t~; respectively, of the P~%4 eer~er~exi-that executed the within instrument, and ac owl ged to me that such oe~e~aiion ~lo~•~,oy~,yq executed the same. WHEREOF, I have hereunto set my hand and affixed my official seal the day and year %~ •. ;' ~SOTARy ~~ * ~ (SBAL • U ~~ P BLIC) .~ •. ~ • ~: r ~~~ ~. NOTARY P LIC FOR AHO Residing at ~eis e ~ .rd~ 6~-~ Commission Expires: q .- ,~ to ' ~ 9 Water Main Easement EASMT WTR.doc William G. Berg, Jr., City Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) `~,,~nni~in~iii~~ (~ '~. j~, ~, 9 ~• r 'L ~'~ Fo S~rmL ~~ On this ~ r~day of ~ G-~ o use r ,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 .•'~Zi1CE« s'~l, j •., ~~~ tiP~ ~•• '~ ~'• Not ub 'c for Idaho . ~+ . 4~TARr •; ~~ Resi 'ng /?~Pr~c~~cK, ~dci.~to * ~•~ ~ * : My Co fission Expires: ~ y /~7 Z ;e' ~,~ pVB L G O •.• .n ••••N• ~ ••• CITY OF MERIDIAN EXHIBIT A WATER MAIN EASEMENT- EL DORADO RETAIL #2 A 20 foot wide water main easement across a portion of Lot 4, Block 3 of the Bonito Subdivision, recorded as instrument number 103142839 in the office of the Ada County Recorder on August 22, 2003, in Book 86 of Plats at pages 9783 through 97881ocated in the Northeast'/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and is more particularly described as follows: Beginning at the southeast corner of said Lot 4, said point being on the West Right-Of- Way line of South Bonito Way; thence along the South line of said Lot 4 South 74°24'32" West 85.94 feet; thence leaving said South line of Lot 4 North 90°00'00" West 137.99 feet; thence South 00°07'Oi" East 10.51 feet to a point on said South line; thence along said South line North 90°00'00" West 20.00 feet; thence leaving said South line North 00°07'01" West 30.51 feet; thence South 90°00'00" East 155.29 feet; thence North 74°24'32" East 46.41 feet; thence - North 14°27'08" West 11.25 feet; thence North 75°32'52" East 20.00 feet; thence South 14°27'08" East 10.85 feet; thence North 74°24'32" East 17.06 feet to a point on said West Right-Of--Way line of South Bonito Way, thence along said West Right-Of--Way line 20.00 feet along a curve to the left,. said curve having a radius of 737.00 feet, a delta angle 1 °33' 18", and a chord bearing and distance of South 14°48'49" East 20.00 feet to the POINT OF BEGINNING. Said easement is subject to all existing easements of record or of use. i J ~ Q ~ O N d- .~ 9i1 ~,-~ U O a N II U Z ~ (~ O •- M U O J m ---~.i f- ~~~ ~' 0 ------° BONITO WAY z ~ SOUTH W Jim--- ~ .,.._ C1 ~W/'~ ~ ~ _____-.~-ROW-„"'"`--- ~ _`~O VJ _ ~ ~ ~ V J ~~ ~ _ J ~ W ~ i _ I LS z m ~ I C ~ J G W~ _ l ~- ~ ~, 2 z .r~ I I Z I U M ~ - I 3 f J ~ "' W ,~ OJ m to JI Y o ~- ~ m Q ~ 0 ~ M ~ ~ c ~ w ~ ~ ~ !~-i O w N ~ p w N w 00 w iV _Z V th O O ~ O p ~ 0 O r7 p O tf') O M ~' ~ O ~ O I~ O d- j~ N I~ d- W Q N O ~ 0 0 0 N N M N N -~ W ~t o o p o o ~ ~ ~n ~r ~ m Q m ~• cn a, z ~ a, z o z rn z r~ z .- z ~ z ~ ~ ~ z ~ 2 ~- ~ O rn O ~ O O ri M n N ~' ~ N O O ~ 00 co O Z (' Z oO M O ~ N O M ~ tp ~ `" N O ~ W ~ J W Z J N J r7 J ~ J to J c~ J I~ J op J 0 J 0 J J J J ~ i _ ~ I ~ ~ _, I I L 3 d. L _ J L5 Z ~. J z ~~Q ~ ~ ~ F- Z >-j~~~ ~ 3mm3UQ o~ZWw ~' ~1~g00 z =ONOO~ ~~W~a W I °~ I 13 I ~ 0 O N N 0 O V w orn C9 Z~ Q ~- wN m J -- -- Q ~ ~ M j ~ M ~ J U ~ ~Q ~p o~ aM a' ~ O ~ O ~ O W N J ~ U U W M~ TW T x W Meridian City Council October 11, 2005 Page 2 of 42 our hearts, cause us, Lord God, to love justice and to love mercy and to do our work here tonight with great humility. We ask it in Jesus' name, amen. De Weerd: Thank you. Pastor, I guess it's kind of a disadvantage when your church is the one that organizes this and if you can't find somebody you're nominated; right? But we sure like seeing you. Henthorn: Well, Thank you. I like being here. Item 4: Adoption of the Agenda: De Weerd: Thank you. And I will put in a shameless plug. Seeing all these youth today, we do have a youth council. It meets twice a month and certainly you're encouraged and invited to attend this. If you want any information, we have that available in my office. Just call City Hall and we will tell you when they meet. We are encouraging youth to be involved in decisions that are being made, helping to design the future of your community. So, certainly would encourage you to get involved if you would like. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move -- well, we have got a couple of changes on the Consent, but I'll do that through the Consent Agenda. I move that we approve the agenda as published and that would include Ordinance 05-1188, the second reading of the Sudafed ordinance, and also Ordinance No. 05-1189. Rountree: Second. De Weerd: Okay. The motion is to approve the adoption of the agenda as presented. And, Mr. Berg, when we get to 15, is that number correct? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Special Meeting Minutes: B. Approve Minutes of September 13, 2005 City Council Regular Meeting: C. Tabled from October 4, 2005: Findings of Fact and Conclusions of Law for Approval: AZ 05-016 Request for Meridian City Council October 11, 2005 Page 3 of 42 Annexation and Zoning of 28.65 acres from RUT to R-15 and L-0 zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: D. Tabled from October 4, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse /office /daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: E. Tabled from October 4, 2005: Findings of Fact and Conclusions of Law for Approval: PP 05-023 Request for Preliminary Plat approval for 1multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 05- 032 Request for Annexation and Zoning of .56 acres from R6 to L- Ozone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: H. Findings of Fact and Conclusions of Law for Approval: PP 05- 022 Request for Preliminary Plat approval of 4 building lots and 1 common lot on 1.74 acres in a L-O zone for Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: I. Findings of Fact and Conclusions of Law for Approval: CUP 05-030 Request for a Conditional Use Permit for a commercial Planned Development on 1.74 acres in a L-O zone for Woodpenn Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: J. Approve P~ment Application No. 5 for Meridian Senior Center Remodel to KMO, Inc.: K. Approve Federal Equitable Sharing Agreement with U.S. Department of Justice: L. Approve Sidewalk Easement for Ada County Highway District for Well No. 26 Pumping Facilities Project: M. NPDES Permit Assistance Contract with CH2M HILL: Meridian City Council October 11, 2005 Page 4 of 42 N. O. P. Q. Award of Bid for Autumn Faire Subdivision City Well Lot Landscaping to Sunshine Landscaping, Inc.: Water Main Easement Agreement for EI Dorado Retail Building No. 2 by Kimball Properties, LP: Agreement for Services with AspireOn: City Clerk Notification of Election Precinct and Polling Places: De Weerd: Item 5. Mr. Bird. Bird: Madam Mayor, on the Consent Agenda we need to pull Item G, the CUP 05-040, to 7-G on the regular agenda and, then, Item P, the agreement for service with AspireOn, we need to table for two weeks, which would be October 25th. And with that I would move that we 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. Motion to approve the Consent Agenda as amended. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Parks & Recreation Department: 1. Autumn Faire Subdivision Park Contract /Agreement: De Weerd: Okay. Item 6-A, the Parks Department. Elroy. I assume, Doug, that Elroy was presenting? Huff: Madam Mayor, Members of the Council, appreciate meeting with you tonight and I handed out a handout to you before the meeting. Let me go through just a few things on that and I will get right down to the point. If you look at the second item down, it says remaining budget, 171,848 is carry over from just this past year. Low bidder for the project, when we put it out to bid, was Hillside Landscape, at 234,341. Extra dollars we would need to award that contract was 62,493. And, then, below that we have some construction costs to tap a water line, which we worked out with Public Works for that park for shoulder season, spring and fall. As well as ten percent contingency. What I'm requesting tonight -- or what the department is requesting tonight is 81,501 dollars added to the Autumn Faire Park or Seasons Park account, which would get this contract