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Sanitary Sewer and Water Main Easement with Washington Trust Bank for Presidential SubdivisionADl~COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOI E IDAHO 01126105 02:53 PM DE UTY Joanne Hooper III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RE ORDED-REQUEST OF 10SE110~89 ME IDIAN CITY SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this Z7 day of ~'Yus~, 2(x'~between l~s~,~~~~, ~T~ ~,~(C, 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 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, together 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement EASMT.SW 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. GRA __... /,~ ~ Pr ;~ Secretary V~ash;n~~~ STATE OF ~H~6-) ~'pel~an~,1 ss County o ) On this ~ day of ~ t(.5 , 20(?~, before me, the undersigned, a Notary Public in and for sa'd State, per nally appeared ~o h n ~-~-~•1 and f ~-~ ~Q rT' ~~. SS ,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 WITNES~~WHEREOF, I have hereunto set my hand and affixed my official seal the day and y `~~~~Rov~i4~itten. ~//~ `~~ J~ fission f~Ay~` ~i~' G~.u-~C.~--~~ i ~ NO__T~ •~ = NOTARY PU IC FOR a.s ~ i n~t'~D r~ u~ ~. E'ttB~IG ~2 ~ Residing at: ILeQ~-~,p ~~l~•:kgr ~ ~: ~'~~~ Commission Expires: / ' ~ g -~ ~ ~j~ OF WAg~1``~~ GRANTEE: CI~~~~I~RIDIAN Sanitary Sewer and Water Main Easement EASMT.SW ..`" ~~~L Tammy de Wee ayor = ~~ ,yrr~p~ ~ ~~~ ` i Attest by William G. B rg, rty Clerk Er`t'~r~7~~~ i7 v Approved By City Council On STATE OF IDAHO, ) ss. County of Ada ) On this~day of ,Dc'c~•~6tr ,2004, 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. L. ~''`~ .•~ 1CB ••s 1,~ ~•. (SEAL) ~'ti~ pTAR~•~,f tt r ~ .* ~~~ $ ~°UBLZG ~.W ~ OF 19..•• Y PUBLIC FOR IDAHO at: P~1r,~,~a K sion Expires: v a- Sanitary Sewer and Water Main Easement EASMT.SW Sent By: wAg ; RwcolVetl: B/$4/04 5:2QPM~ Ruh ~4 D4 04:06p QCI April 27, 2004 k'age ! of 3 5094553933; Aug-25-04 1:21 PM; 20e 342 0092 -y wAg ,+age e, 208 342 0092 CI1`3l OF MERI DIAN Sgnitary Sewer Maffi Easement Parcel 1, Block 1 Yresiden~#lal Subdivision Page 2 p.6 A 20.00 root wide sanitary seW~' main easement for maintenance and op~'ration of an underground unitary sewer main across a portion of Parcel 1, Block 1 of the Presidential Subdivision, es shown on d Lot Line Adjustment Survey, Record of Survey #6165, ls~strument #103083356, Rccards of Ada County, said casement situated in the Southwest 1/4 of the Northwest 114 of Section 9, Yowtlshlp 3 Nurtl~, Range I East, Boise 1Vleridisui, Gity c,f Meridian. A,da County, ldal~o, is tuore particularly described as follows: Commencing at Ilse Northwest Corner ot~Said Section 9; thence alosig tlae West line of said section, South O1°08'42" West 1855.21 feet; thence 15x0 ~~~ 329.02 feet t athe P YN'~' OF BEG NN~1vG, Northerly lino of said Parcel 1, South 8R 51 thence continuing along said Northerly linP.; South 88°51'50" East '10.00 feet; thence lraviasg said Northerly line South 00°41'35" west 138.03 feel; thence North S)DOf!'3!" West 20.00 feet; thence North 00°41'35" East 13$.08 feet to the POINT OF gECI1~iNYNG. 5aici easement is Surj~:t to existing cascmetttz of record sand of a~Se. F70HMT A Sent By: wAg ; 5094553933; Aug-25-04 1:22PM; Page 3/4 necelvea: d/'G4/UA a.eor+M; qua :aa1 uuaz -} wag r+spe i Rug 24 04 04:06p QCI 20g 342 Q092 p.7 Apri127, 2004 Page 2 0!'3 C11 X Off` MluR1.DYA,N 'Water Maio Easement Parcel 1, Block 1 presidential Subdivision A 20.OU foot wide water main casement for maintenance and operation o£ an t"lderground water ma;n across a portion of Parcel 1, I3loc1£ 1 of the Presidential Subdivision, as sltovvn on a Lot Line Adjustment Survey, Record of Survey #5165, lristtumcnt i~103083356, Records of Ada 4ourrty, said casement situated in the Southwest 1/4 of the Northwest ] l4 of Section 9> Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Axla County, Idaho. is more particularly described aS fO110W5: Commencing dt the Northwest Corner of said Section 9; thencC alo~ig the Wcst line of sand ceerion, South Ol°08'42" West 1855.21 feet; thence leaving said West line along the extension of the Nortlscrly line of said Parcel 1, Crnrth $8°5)'50" East 213.97 feet to the POINT OF BFGINN)ING, thence continuing alone said Northerly line; South 88°51'50" East 20.01 feet; thence leaving said Northerly liure, South O1°(12'49" East 20.41 feet; thence South $7°Ol'48" East 127.58 feet; thence South 00°41'35" West 164.54 feet; thence South 89°1 S'2S" East 15.78 feet; thence South 00°41'35" West 20.00 feet; thence North 89°18'25" Wesl 18.78 !'ect; thence South 00°41'35" west 2i .70 feet; thence South 45°55'09" West 40.47 feet to a point on the Southerly line of said adjusted Lot l; thence Noah 88°51'50" West 77.'76 feet along said Srn~therly litre: thence leaving said lint, North O1 °08' 14" East 20.01 feet; the~ace South 88°51'18" East 59.44 firer; thence North 45°55'09" East 23.81 feet; tltenee North 00°41'35" East 50.54 feet; thence North 89°18'25" WF4t, 31.38 feet; thence North UU°41'35" East 10.00 foot; thence South 89°18'25" Eas131.38 feet; thence North 00°41°3S" East 114.15 ~Cdt; thence North S7°01'48" West 127.04 feet; thence Noah 0'l°02'49" West 39.82 feet to the POIiVT OF BLGINNYriG. Said casement is subject to existing easemeltts of record and of use. Ex++~6rr ~ Sent By: wAg ; Rug 24 04 04:06p QCI '-'~ V E`+ ~• a s.s s.a 5.a S.s 5094553933; Aug-25-04 1:22PM; ~..... .....~ ....aaa -,~ wry , gayer o 208 ~4c~ 0092 Page 4/4 p.8 CITY Of MERIDIAN N PU6LIC WA I ~!~ ANU SANITARY SEWER EA~CMI=N'T~ ACROSS A PORTION OF PARCk't 1. 9l.OCK 1 I AS SHOWN ON L01" UNE Ap,~USTMENT SURVEY ai6165 I" I~ r E. PRESIDENTIAL DRIVE 1 Inch = 60 f-. 1/4 S 8 S.9 u ~ Qos _•„r,_ 598'51'S0"E SEWER ~ ^~se~s+'~o•E 329.02. ~.'~.~ E/15EMENT .,~. '. ~ 20' NODE SEWER 1 P.Q•6- ::'. '.'~'. N UNE EASFI~IENT /I WA7CR r'~'~.'.':.'• .......~...-...L3 .. ~ EASEMENT :: ' _ .~ .' . . I .....~---.~;>a ..... .~ N ~ o ~~~' I 1 ,~~ 3I ~ ~ ~/ j. I J ti I : '. .::.'.'I i - ~~:: ...:~ t~ 2V' WIDE wA>17~ - a :... . . ~r G~ 1~ ~ LINE EA4EHENi J m 1 ~. ,,J:~ .~ L INE TAOL~. ~ LINp BEARWG LENGTN l1 1'50"E 20.Oi ~ L2 S01'OZ'49"E 20.4i L4 54, '41' "W 160.54 LS SN8 '1 18.78 L6 S00'4 • "W Zo.00 L7 N89'18' "W 1$.78 ~~ L8 500'41'35°W 21.74 L9 543'3 "w ao.4~ _ L10 S88'S1'S0"C ~~• ~6 L1 i Npt'0 '10"E 20.01 . l12 30f7':~1'18"C 6fl~`a I INE TAEiLt 13tAKIN(; LENuTH "fN[ _ Lt3 N4 'tiS'09"E 23.91 L1 a N00'41'3S"E 50.54 -_~ L'15 NtS '1 '~ i"~ ,1.39 L16 NO 'a1' ~"E 1o.D0 L.17 NS9'3 "W 31:323 L1S 1.19 N00'41' N87'01'4 "W 114.5 121.~a izo i,23 N01'0 'a "w ~©S'S~'S0"r_ 39.52 20.UD 1.za L25 500'41' ~"w N89'00'31"N1 ~ 3H:U3 _. 20.00 L]~i I NOO'at'T3'~F- 1 t ~a.u_~ Meridian City Council December 14, 2004 Page 2 of 71 So, bless them, God, for giving up their time and their family time for even daring to put themselves in these positions. I just pray that this meeting, what's done would, indeed, be for the best of this community. I pray that ethics and integrity and honesty would prevail, to somehow weigh out all these pressures and to come to solutions and to realize that what's at stake that right now tonight in decisions lives will be affected for this week and for this generation and generations to come. Father, in this season when we recognize your gift in Jesus Christ, while it's so easy to think about the pressures in this community, help us to see the bigger picture, that we could live in Iraq or Sudan. I'm grateful for our solders and for this nation and its historic concern outside of itself. pray for peace in this world. I pay for your protection of those from this very community who have gone in recent days to make the world a better place globally. I pray that each of us in this season would realize that peace begins with us. In the name of Christ again we ask for your direction in this meeting, Amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Moore, I would like to offer you our City of Meridian pin for joining us tonight. Merry Christmas. Our Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have on our Consent Agenda, which, when we approve that, I'll give - re-do this again, but our resolution numbers are 04-453 and 04-454. Item No. 16 is an ordinance and its number is -- on the regular agenda is 04-1119. We need to add Item No. 17, which is the water, sewer delinquency. We need to add No. 18, which is the EMS reply, and we would like to, if the time permitted, we will add 19, which is an Executive Session 67-2345(1)(b)(f). And with that I would move we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 16, 2004 Pre-Council Meeting: B. Approve Minutes of November 23, 2004 City Council Regular Meeting: C. Approve Minutes of November 23, 2004 Pre-Council Meeting: Meridian City Council December 14, 2004 Page 3 of 71 D. Findings of Fact and Conclusions of Law for Approval: CUP 04-039 Request for a Conditional Use Permit for a women's fitness center in a C-N zone for Lot 1, Block 1 of Cherry Crossing Subdivision by Robnett Construction, Inc. -northwest corner of Cherry Lane and Linder Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-038 Request for a Conditional Use Permit for a coffee shop with a drive-thru window in a C-C zone for EI Dorado Subdivision, Lot 6. Block 5 by W.H. Moore Company -north west corner of East Overland Road and Bonito Way and west of South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 037 Request for Preliminary Plat approval for 11 commercial building lots and 2 common lots on 36.93+ acres in a C-G zone for Smitchger Subdivision by Ustick Marketplace, LLC -NEC of Eagle Road and Ustick Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-043 Request for detailed Conditional Use approval for 7 office buildings in an L-O zone for Sagecrest Subdivision by Sundell Architecture -south of East Overland Road and west side of South Millenium Way: H. Findings of Fact and Conclusions of Law for Approval: PP 04- 036 Request fora Preliminary Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: I. Findings of Fact and Conclusions of Law for Approval: CUP 04-044 Request for a Conditional Use Permit for a contractor's yard in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: J. Findings of Fact and Conclusions of Law for Approval: RZ 04- 013 Request for a Rezone of 1.674 acres from C-C to C-G zone for Westside Bodv Works by Westside Body Works - 210 East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: CUP 04-042 Request for a Conditional Use Permit to allow the operation of a body shop in a proposed C-G zone for Westside Bodv Works by Westside Body Works - 210 East Fairview Avenue: Meridian City Council December 14, 2004 Page 4 of 71 L. Sanitary Sewer and Water Main Easement for Washington Trust Bank: M. Approve Beer license for San Francisco Sourdough Eatery - 2044 South Eagle Road: N. Approve Beer license for Baia Taco - 1735 West Franklin, Suite 120: O. Addendum to Agreement for Professional Services -Sewer Master Plan Update, JUB Engineers: Q. Change Order No. 3 for the Headworks Expansion Project: R. Resolution No. 04-453 Amendment to the Meridian Police Department Policy and Procedures Manual: S. Resolution No. 04-454 CPA 04-002 Request for Text Amendment to allow applicants to request an L-O zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with aPublic/Quasi Public designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: T. Pressure Reducing Stations - Change Order #1 - Star Construction: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes. Bird: I move that we approve the Consent Agenda, which includes Resolutions 04-453 and 04-454 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Discussion? Wardle: Madam Mayor? De Weerd: Yes.