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Water Meter Easement with Cherry Lane, LLC for Crossing No. 2ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 E $OISE IDAHO 06129105 10;59 AM DEPUTY Patti Thompson II I I I II II II II II II I II I I II I II I II'll I III RECORDED-REQUEST OF 1E1508~933 Ciry of Meridian WATER METER EASEMENT THIS INDENTURE, made this ~l day of 2005 between Cherry Lane, L.L.C., the parties of the first part, and hereinafter called the Granto ,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 meter right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water meter 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 Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water meter 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 Water Meter Easement Meridian Water Meter Easement.doc Page I ryf 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: Cherry a e, L.L. . By: Mike Robnett it's member STATE OF IDAHO ) ss County of Ada ) On this ~~~ day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally app red Mike Robnett ,known or identified to me to be the Member 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. 0~0 0©fl q~GJ ~e~~g~g~rW' '~ ~ .Y (SEAL~° ®®®~O.I.AR~ o®e ~~ NOTARY PUBLIC ID ® ~ Residing at ® ®a~ v o ~ Conunission Expires: °m ~ ••s ~ tI B LZCo. ~ ,O~Z • ~.i~ g8jsa®a®~~e°°°°° Water Meter Easement Meridian Water Meter Easement.doc Page ~ ,~# GRANTEE: CITY OF MERIDIAN Tammy e Weer or Attest by William G. Berg, City Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ~~~ . ~.< . ~~' On this ~ ~ S~- day of ~ tn~. ~ , 2005, 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. ~~.n•~...•..,. ~~p+~~y1CE L, 5,~,.. (SEAL) ~~. 1 ~••'• .rte ~'•. TiOTq .'~ ~ • ~~' ~ L ~~ ~~¢= Z N •• AUBLIC ~ Water Meter Easement ~~~ PUBLIC FOR IDAHO at: ~Prid ~Q+~ ~ J~~e~w ion Expires: U y /aa / o~ Meter Easement.doc Meridian Water P~~A~ WATER :METER EASEMENT CHERRY CROSSING SUBDIVISION N0.2 A permanent water meter easement over under and across a portion of Parcel A 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 SEl/4 of the SEl/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 Northeast Corner of Parcel A of said RECORD OF SURVEY, thence along the East line of said Parcel A, S 00°00'00"E a distance of 118.99 feet to a point being the POINT OF BEGINNING of the following described water line easement, from which a 1/2 inch rebar marking the Southeast Corner of said Parcel A bears S00°00'00"E a distance of 216.65 feet; Thence leaving said East line N90°00'00"W a distance of 22.87 feet to a point; Thence S00°00'00"E a distance of 20.00 feet to a point; Thence S90°00'00"E a distance of 22.87 feet to a point on said East line; Thence along said East line N00°00'00"W a distance of 22.87feet to the POINT OF BEGINNING. Said easement contains 457 square feet or 0.01 acre, more or less, and is subject to any existing easements or rights-of--ways of record or implied. C056029_water_meter_easement_legal_051705hwe.doc PaS WATER METER EASEMENT FOR CHERRY CROSSING SUBDIVISION NO. 2, OVER, UNDER AND ACROSS PARCEL A OF RECORD OF SURVEY N0. 8742 BEING A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDMSION NO 2 LOCATED IN THE SE1/4 OF THE SEl/4 OF SECTION 2, TOI/NSHIP 3 NORTH, RANGE 1 1-EST, BOISE MERIDIAN, CITY OF MERIDIAN ADA COUNTY, IDAHO 2005 _ _ 5.89_33'48"E O ~ C2 O O 589.33'48"E O ~~ 71.52' 92.13' a rn ao In I rMi NavOO'op 2z.e7 8g ~ $ P.0.6. I~R~ ~Ar ~ SCALE 1" = 80' I WI f a H INY o~ =I .EG I ---- --- BOUNDARY LINE LOT UNE ( ----- --- EASEMENT LINE Q FOUND 5/8" REBAR o FOUND t/2° REBAR W/CAP MARKED L.S. 1 1331 O CALCULATED POINT I m POINT OF BEGINNING P.0.8 . I PARCEL A I PARCEL 8 RECORD OF SURVEY NO. 6742 RECORD OF SURVEY NO. 8742 0 III I N O _ _ 155.00' 589'S7'S1'W 200.00' I WI °o io lol^ ~I 1 \~NpL LANpS '~ oh~~G\5 ERF F-c ~ ,V ~ 61 S-G '9 rf O F `,~P~~ Ch, w. EO~P DETAIL FILENAME: ~ ~ ~j ~j 1~ ~ ~~ DRAM B BY: C056029\DWG\C056029_EXHIBIT_B.dwg 1 ~J 1 ~j ~[ CREATION DATE: Engineers, Inc. CHECKED BY: 12552 W. Executive Dr., Suite B, Boise, Idaho MAY 05 a3713 HWE (toe) ea7-neo nl rn ~1 45.00' CURVE LENGTH RADIUS DELTA CHORD CHORD BRG CS 8.77 2020 24.53'19' 8.70 S77.03'28'E C2 43.85 50.00 50'15'03' 42.46 S89.33'46'E C3 8.77 20,00 25.07'28' 8.70 N77'S2'30'E Meridian City Council June 21, 2005 Page 2 of 47 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some additions and deletions. Under the Consent Agenda, Item C needs to be pulled. It's not ready in its entirety. Anna has asked under department reports we have a Planning and Zoning Item A, Planning and Zoning by Anna. And the Mayor has asked if we -- Item 20, could have an Executive Session under Idaho State Code 67-2345(1)(f). And with that I'd move that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. Anna, Item A under department reports, would that have anything to do with a vendor? Canning: No, ma'am. De Weerd: Like a hot dog vendor? Canning: No, ma'am. De Weerd: Maybe you ought to have an A and a B; right? We should have an update. Canning: Okay. De Weerd: Okay. Bird: I agree with that. De Weerd: Okay. The second agrees? Rountree: That's fine with me. De Weerd: Okay. Thank you. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 24, 2005 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement for Ferguson Enterprises, Inc.: C. Request to Dispose of computer equipment: Meridian City Council June 21, 2005 Page 3 of 47 D. Resolution No. 05-475 Amendment to Standard Operation Policy and Procedure Manual to Add New Policies; 2.9 (Trial Service Period for Promotions and Transfers; 5.5 Director's Benefits Program; 6.2.6 Cell Phones and 6.14 Clothing Attire and Allowance; And Also to Amend the Following Policies 2.8 Introductory Period of Employment; 3.4 Compensation Program; 4.5 Bereavement Leave; 4.7 Military Leave; 5.4 Education Reimbursement and 6.2.2 Use of City Owned Telephones and Cell Phones, Fax and Copy Machines and Computers: E. Sanitary Sewer and Water Main Easement for Bonito No. 2: F. Sanitary Sewer and Water Main Easement for Mussell Corner Subdivision: G. Water Main Easement for Cherry Crossing No. 2: H. Water Meter Easement for Cherry Crossing No. 2: I. Three Party License Agreement with Nampa Meridian Irrigation District -Master Pathway: J. Three Party License Agreement with Nampa Meridian Irrigation District -Finch Lateral (aka South Slough): K. Streetlight Agreement for Settlement Bridge No. 2: L. Agreement for Hookup to Services, outside of City Limits for Mr. David R. Purnell (5930 North Locust Grove Road): M. Amendment to Historic Preservation Consultant Agreement: N. Approve Beer and Wine License for Harvest Buffet - 48 East Fairview Avenue: O. Water Main Easement for Direct Buv (2,535sgf easement): P. Water Main Easement for Direct Buv (3,649sgf easement): Q. Approve Bills: De Weerd: Item No. 5. Bird: Madam Mayor? Meridian City Council June 21, 2005 Page 4 of 47 De Weerd: Mr. Bird. Bird: I move on the Consent Agenda that we pull item number C and the resolution number on item D is 05-475 and with that I move we approve the Consent Agenda and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6. Department Reports: 1. Unified Development Code: De Weerd: Okay. Item 6 is Department Reports. I'll go ahead and turn this over to Anna. Canning: Madam Mayor, Members of the Council, the first item I wanted to talk to you about was two weeks ago in my raspy normal sore throat voice we talked about the new zoning ordinance, the Unified Development Code, and you had indicated that tonight you would be ready to give me a hearing date, so that we could go ahead and notice that and move that along in the process. De Weerd: Okay. Council, do you have anything you would like to raise with Anna in regards to the code needing further clarification or are you ready to set a hearing date? I would note, just as a recognition, the City of Meridian attended last week our Association of Idaho Cities and the process used to develop the Unified Development Code through our Process Improvement Group, utilizing stakeholders, received an award, a city achievement award, so I would like to congratulate our director Anna. Canning: Thank you for everybody. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird? Bird: I'm ready to bring it forward and set a Public Hearing and get on with it.