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Water Main Easement with Boise Surplus 2002, LLC for Cherry Crossing No. 2,ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 03116/05 02:32 PM DEPUTY Joanne Hooper III IIIII~IIIIIIIIIIIIIIIIIIIII'lll ~II RECORDED-REQUEST OF 10~0~1700 MERIDIAN CITY WATER MAIN EASEMENT THIS INDENTURE, made this~s~'day of ,T/~rN., 20~between ~~fs~ -SU~P~tI~~~QGZ` i~;`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 connectto said pipeline from time to time by the Grantee; NOW, 'THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and val! fable 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 (2) ATTACHED EXHIBIT A and I3) 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 AN D TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. I1' 1S EXPRESSLY' tJN DERSTOOD 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 anc 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 Water Main Easement Meridian EASMT WTR ~! 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: Boise Surplus 2002, L.L.C. Ci.au-.. Manager STATE OF IDAHO County of Ada IN WITNESS WHEREOF, [have hereunto set my hand and affixed my official seal the day and year fist above written. 7H On this ~~ day of ~~ N 1,9AR`I , 20 ~S, before me, the undersigned, a Notary Public in and for said State, personally appeared jRS~N f-~f}'~KI}vS at~d- Known or identified to me to be the , of the corporation that execut2ed the within instrument, and acknowledged to me that such corporation m.~YN'`fG-~~° executed the same. (S ss ~~.-~ FERR-"•~~. W ;~ OT AR y ~~~ ~ ~~~ :~ ~v~. G .,~~~ E,vY,•+~~.. Water Main Easement ~~~ N01'ARY UBLIC FOR IDAHO Residing at ~CiSi; , /~ Commission Expires: 8 - I - {~ ~ WTR Meridian EASMT Pae~ ~..af.. ~1 CITY OF MERIDIAN Tammy de Weer"d, Mai .~-~ ~, G. Berg, Jr., City Approved by Council on STATE OF IDAHO, ) ss. County of Ada, ) 2-2 2-~5 ~`~~ ~~ ~~ ~#~: ~~.. ~._ On this day of ~ar(.tti ,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. ''~~~~nw~ny~~~ r SEAL ~•"~rti~~~~~« s~ ~ ~,., otary blic for Idaho .~pTAR J, ~ = Resid' gat: a/ia~~aw * : ~•~ ; * : My ommission Expires: D o/D7 • G • i ~UBLI ••'~. ~~ OF I~p~••'~ P~ ~.~ WATER METER EASEMENT CHERRY CROSSING SUBDIVISION NO. 2 A permanent easement for a water meter over under and across a portion of Parcel B of RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada County, Idaho located in Lot 1, Block 1 of CHERRYCROSSING SUBDIVISIONNO. 2 as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477 records of Ada County, Idaho, in the SE1/4 of the SE1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 1/2 inch rebar marking the Southeast Corner of Parcel B of said RECORD OF SURVEY, thence along the East line of said Parcel B, N 00°00' 00"E a distance of 188.47 feet to a 5/8 inch rebar marking an angle point on said East line; thence leaving said East line N31°36'45"E a distance of 15.54 feet to the POINT OF BEGINNING; Thence S43°17'01"W a distance of 10.00 feet to a point; Thence N46°42'59"W a distance of 11.00 feet to a point; Thence N43°17'01"E a distance of 10.00 feet to a point; Thence S46°42' S9"E a distance of 11.00 feet to the POINT OF BEGINNING; Said easement contains 110 square feet, more or less, and is subject to any existing easements or rights-of--ways of record or implied. /~/ ~~~~1 i.~3/y~ ~ l~~~~~ TfRF G~.. ~ ~ ~~ ~~ ~61 '~ `rte //zr a~ ~ ~~~ ~~ ©f ~o~ ~~~ ~~f, ~~ WATER METER EASEMENT FOR CHERRY CROSSING SUBDIVISION NO. 2, OVER, UNDER AND ACROSS A PORTION OF PARCEL B OF RECORD OF SURVEY N0. 8742 BEING A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDIVISION NO 2 LOCATED 1N THE SE1/4 OF THE SE1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN ADA COUNTY, IDAHO 2005 N90'00'00"W 117.71' \~., I 546'42'59 E I 1 1.00' ,,~, I N43' 17'0 t "E o~ 10.00~~_R ~~~~ 2'b~ ~b°j`L 1 N46'42'S91~ N31'36'45"E I 1 1.00' 15.54' I S43'17'O1'1N I I 10.00' PARCEL B I RECORD OF SURVEY N0. 6742 SCALE i" = 50 PARCEL A I RECORD OF SURVEY N0. 6742 I I LEGEND l a a - - BOUNDARY LINE ~ ~A ,e, l0T LINE O O M I to - - - EASEMENT LINE 1 ® FOUND 5/6" REBAR o FOUND I/2" REBAR W/CAP MARKED L.S. 11335 0 CALCUlA7ED POINT ( I 1 ~ I Z I gY in o_ o~ u N'\ O_ ~2 W I ,n u ol_ "UOY O Kd O ~ m U a C ~ "'zx 0 O °um ZI I I 1 I N90'00'00"E 1 ~Q~~L LAyp~ 1 -- -- -- °z 94.36' o: Sys ~rul S Tf qF G~.+G o ~ ~~ m~ I ~ ~~~~ ~ Zo1 ~I a v, o M ~O I NI CO -r "m ~A NUMBER LENGTH RADIUS DELTA TANGENT CHORD CHORD BRO ~ry CI 62.57' 75.00' 17.48'10' 33.24' 60.78' N65.39'41'V N89'S7_'S1 "E 45.00' DETAIL FILENAME: ~ ~ ~T ~T ~ ~ ~~ DR M B BY: C046310\DWG\C046310_UTILITY EASEMENT 1 ~J 1 ~J CREATION DATE: Engineers, Inc. CHECKED BY: 12552 W. Executive Dr., Suite B, Boise. Idaho JANUARY OS 83713 HWE (zoa) ae~-77eo WATERLINE EASEMENT CHERRY CROSSING SUBDIVISION NO. 2 A permanent waterline easement over under and across a portion of Parcel B of RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISIONNO. 2 as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477 records of Ada County, Idaho, in the SE1/4 of the SE1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 1/2 inch rebar marking the Southeast Corner of Parcel B of said RECORD OF SURVEY, thence along the East line of said Parcel B, N 00°00'00"E a distance of 111.29 feet to a point being the POINT OF BEGINNING, from which a 5/8 inch rebar marking an angle point on said East line bears N00°00'00"E a distance of 77.18 feet; Thence leaving said East line N90°00'00"W a distance of 101.08 feet to a point; Thence S00°00'00"W a distance of 8.91feet to a point; Thence N90°00'00"W a distance of 15.36 feet to a point; Thence N00°00' 00"E a distance of 8.91 feet to a point; Thence N90°00'00"W a distance of 22.87 feet to a point on the West boundary line of Parcel B; Thence along said West boundary line N00°00'00"E a distance of 20.00 feet to a point; Thence leaving said West boundary line S90°00'00"E a distance of 111.95 feet to a point; Thence NO°00'00"E a distance of 11.68 feet to a point; Thence S90°00'00"E a distance of 12.36 feet to a point; Thence S00°00'00"W a distance of 11.68 feet to a point; Thence S90°00'00"E a distance of 15.00 feet to a point on the East boundary line of said Parcel B; Thence along said East boundary line S00°00'00"W a distance of 20.00 feet to the POINT OF BEGINNING; Said easement contains 3,067 square feet or 0.07 acres, more or less, and is subject to any existing easements or rights-of--ways of record or implied. WATERLINE EASEMENT FOR CHERRY CROSSING SUBDIVISION NO. 2, OVER, UNDER AND ACROSS PARCEL B OF RECORD OF SURVEY N0. 8'742 HEING A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDIVISION NO 2 LOCATED IN THE SE1/4 OF THE SEI/4 OF SECTION 2, TOIINSHIP 3 NORTH, RANGE 1 REST, BOISE b1ER1D[AN, CITY OF MERIDIAN ADA COUNTY, IDAHO 2005 N90'00~00"W 117.71' ~ \ 1 I ~~ ^o I ?~~ *~~ I o+l rn ~I _ I~ I ^ 00'00'00'W I PARCEL B ~ 11.68 I RECORD Oi SURVEY N0. B7~2 590.00 OO"E SCALE t " = 50' I 12.36' ^' N00'00'00"E 1 ~ 3 590'00'00"E - ~ ~ ~' 4.0 PARCEL A - - - - - - - - O" RECORD OF SURVEY NO- 6732 O ~ Q~ 1 1 1.95' p0 ~ < m,o C n O N ~~ ''^ o c "' ~' IN90'00'00'Yv N90'00'00"W - - - ~ O -~v~ '~ 22.87' ~ 101.08' I Z ~~o LEGEND N008 9 iQ0"E I N90'~C30p"w 500'809'1Q0"W m&a 1 b 59D'00'00^E ~~ Y 15.00' ° V - - ~ BOUNDARY LINE I 1 Lor uNE 1~ ~ONPL' ~gNOs - EASEMENT UNE I N h~ ~G ~ 5 E Rf. G L Q FOUND 5/8" REEWR 1 '. ~~ ~ ~~ o FOUND t/2" REBAR 1 ^ ~ ~ O W/GP MARKED L.S. 11335 ;,,I 1 5 617 '° O CALCULATED POINT COI 011 0 1 z 4~ ~~ ~:I N O u"I ^=N. yyNw OQ~ m&xl a~l V i N90'00'00"E i - - .. '~~ 94.36 I 31 S O I h ~ ~ NUMBER LENGTH RADIUS DELTA TANGENT CHORD CHORD BRC o C1 62.57' 75.00' aT4B'10" 31.2x' 60.78' N65'39'at'W of z i N89'_57' S i "E 45.00' DETAIL FILENAME: C046310\DWG\C046310_UTILITY EASEMENT CREATION DATE: JANUARY OS s~3~~J ~o .~ P G TE~F~O ~C ~K'. ED`N~ P I N N~ C L E ~ DRAM 8 BY: Engineers, Inc. CHECKED BY: 12552 W. Executive Or., Suite 8. Boise. ldoho 83713 HW E (208) 887-7760 ___ Meridian City Council February 22, 2005 Page 2 of 20 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. And we will remind those words next time you come to testify. We will have you lead us in the community invocation that night. Okay. Item No. 4 is adoption of the agenda. . Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only change I know of is on the Consent Agenda. Item G, the agreement of the inspection service of Rich Greene, we just got the contract and Bruce just got us some facts and figures, so I would like to see that put on the March 1st Consent Agenda, if the rest of the Council agrees with it. And with that I would move that we approve the revised agenda. Donnell: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda as revised. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services Agreement with Diane Kushlan: B. Approve Minutes of January 25, 2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeting: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. License Agreement with Nampa & Meridian Irrigation District for Bear Creek No. 8: F. Water Main Easement for Cherry Crossing No. 2 by Boise Surulus 2002, LLC: De Weerd: Item No. 5 is the Consent Agenda. Bird: Madam Mayor? Meridian City Council February 22, 2005 Page 3 of 20 De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda, with the exception of Item G, which we tabled until March 1st, 2005, and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: The motion is to approve the Consent Agenda, with the removal of tabled Item G to March 1st. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Fire Department -Bill Johnson 1. RFP for Paramedic Position Advisor: De Weerd: Okay. Item 6, Department Reports. Deputy Chief Johnson. Johnson: Yeah. Madam Mayor, Members of the Council, after months of working on it, we finally got the request for funds proposal prepared for going out to -- for a physician advisor for our paramedic program. In talking with Attorney Nary, he said that to go ahead and post it and just give you guys a quick briefing that we were putting that out and we will be getting those back by the 1st of April, so we can review them and come up with a funding idea. De Weerd: Okay. I guess I would have a question on -- last fall we met with the Ada County commission and discussed a countywide medical board and training program. How would this work in relationship with that? And we would still need someone that would be our own oversight, but how would it work with the countywide effort? Johnson: That would be a joint effort, like we continue and hope to do with our paramedic program is -- it's integrated as one, but having our standing orders there to work with. The Ada County program right now -- I'm not sure where they are at in the process. They have just formed a committee, so I -- you know, we need to get something, so that we can. work our licensure. But we would plan on still being a team effort, just like it is now with the shared house at Station Two and developing our program and relationship even further. De Weerd: Thank you. Any questions, Council? Bird: I have none. Meridian City Council February 22, 2005 Page 2 of 20 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. And we will remind those words next time you come to testify. We will have you lead us in the community invocation that night. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only change I know of is on the Consent Agenda. Item G, the agreement of the inspection service of Rich Greene, we just got the contract and Bruce just got us some facts and figures, so I would like to see that put on the March 1st Consent Agenda, if the rest of the Council agrees with it. And with that I would move that we approve the revised agenda. Donnell: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda as revised. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Services Agreement with Diane Kushlan: B. Approve Minutes of January 25, 2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeting: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. License Agreement with Nampa & Meridian Irrigation District for Bear Creek No. 8: F. Water Main Easement for Cherry Crossing No. 2 by Boise Surplus 2002, LLC: De Weerd: Item No. 5 is the Consent Agenda. Bird: Madam Mayor? Meridian City Council February 22, 2005 Page 3 of 20 De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda, with the exception of Item G, which we tabled until March 1st, 2005, and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: The motion is to approve the Consent Agenda, with the removal of tabled Item G to March 1st. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Fire Department -Bill Johnson 1. RFP for Paramedic Position Advisor: De Weerd: Okay. Item 6, Department Reports. Deputy Chief Johnson. Johnson: Yeah. Madam Mayor, Members of the Council, after months of working on it, we finally got the request for funds proposal prepared for going out to -- for a physician advisor for our paramedic program. In talking with Attorney Nary, he said that to go ahead and post it and just give you guys a quick briefing that we were putting that out and we will be getting those back by the 1st of April, so we can review them and come up with a funding idea. De Weerd: Okay. I guess I would have a question on -- last fall we met with the Ada County commission and discussed a countywide medical board and training program. How would this work in relationship with that? And we would still need someone that would be our own oversight, but how would it work with the countywide effort? Johnson: That would be a joint effort, like we continue and hope to do with our paramedic program is -- it's integrated as one, but having our standing orders there to work with. The Ada County program right now -- I'm not sure where they are at in the process. They have just formed a committee, so I -- you know, we need to get something, so that we can work our licensure. But we would plan on still being a team effort, just like it is now with the shared house at Station Two and developing our program and relationship even further. De Weerd: Thank you. Any questions, Council? Bird: I have none.