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Sanitary Sewer and Water Main Easement with Ferguson Enterprises, Inc. for Ferguson Enterprises.t `~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 06129!05 10:59 AM DEPUTY Patti Thompson II I I I II II II I I II II I II I I II I I II II I II I III RECORDED-REQUEST OF CRy of Meridian 1 ~~~$~`~~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS IlVDENTURE, made this ~i day of , 20 between Fer~usan Enterprises, Inc. , the parties of the first part, and hereinafter ca led the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: 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 theright-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. Sanitary Sewer and Water Main Easement EASMT.SW I D . 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. 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. ~~~ On this ~--day of , 20DS ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~ 4~= o~.u~i and ,known or identified to me to be the, esident and Secreta ,respectively, 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 ,,,,,.,~~~~~..a~~i year fist above written. ._. ~' 's _ rs ~ ~ „ ~~ NOTARY PUBLI OR VIRGINA t ~.. ` ~ ,~ = Residing at: J~ v~ ~ , ~j ~= Commission Expir 7f x'11 d 7 V ~''~~anitary Se~ai'" dd.~ater Main Easement EASMT.SW Nt'f, r -~ N~„ ' P~ ~~ SS +~ GRANTEE: CITY OF MERIDIAN Tammy de W ~~ ... ~~ ,~- ~ , ~ ~~ .; Attest by William G. Ber ,City Clerk Approved By City Council On: c STATE OF IDAHO, ) ss. County of Ada ) s+ On this Y~; I day of ~ uk~- , 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. .`.•~~ ZCEN S •~~~'~ (SEAL) ~.•'' ti4`~. "••' •'•.trJ+', '4 S ~•~ v ~ d AUB L1C '~ ~ .• ; i ~ ~Y •~ • l'- ,__.-.-o 2Y PUBLIC FOR IDAHO at: ~I e r,i~~ a ~ , _~ ion Expires: D ~v o Sanitary Sewer and Water Main Easement EASMT.SW Pege~,-3,~,~Q~, Y ~ ~ .~ • ' Ferguson Enterprises Sewer and Water Permanent Easement Description An easement for sewer and water purposes located in the W 1/2 of the NW 1/4 of the SW `/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of the SW '/4 of said Section 8 from which a brass cap monument marking the southwesterly corner of said SW I/4 bears S 0°26' 11" W a distance of 2650.87 feet; Thence S 0°26' 11" W along the westerly boundary of said SW '/4 a distance of 846.72 feet to a point; Thence leaving said westerly boundary S 89°33'49" E a distance of 57.10 feet to the POINT OF BEGINNING; Thence S 88°30'34" E a distance of 13.99 feet to a point; Thence S 1°29'26" W a distance of 5.81 feet to a point; Thence S 88°30'34" E a distance of 79.26 feet to a point; Thence N 1°29'26" E a distance of 10.00 feet to a point; Thence S 88°30'34" E a distance of 20.00 feet to a point; Thence S 1°29'26" W a distance of 12.70 feet to a point; Thence S 43°30'34" E a distance of 24.92 feet to a point; Thence S 88°30'34" E a distance of 274.04 feet to a point; Thence N 1°29'26" E a distance of 47.32 feet to a point; Thence S 88°30'34" E a distance of 20.00 feet to a point; Thence S 1°29'26" W a distance of 47.32 feet to a point; Thence S 88°30'34" E a distance of 132.38 feet to a point; Thence S 0°27'28" W a distance of 30.00 feet to a point; Thence N 88°30'34" W a distance of 406.11 feet to a point; Thence S 1°29'26" W a distance of 116.37 feet to a point; Thence N 88°30'34" W a distance of 45.47 feet to a point; ~.* ~ ..~ Sewer & Water Easement Page 2 Thence N 1°29'26" E a distance of 20.00 feet to a point; Thence S 88°30'34" E a distance of 25.47 feet to a point; Thence N 1°29'26" E a distance of 93.19 feet to a point; Thence N 88°30'34" W a distance of 48.98 feet to a point; Thence N 1°29'26" E a distance of 33.50 feet to a point; Thence N 88°30'34" W a distance of 82.35 feet to a point; Thence N 0°3'6' 17" E a distance of 25.82 feet to the POINT OF BEGINNING; This parcel contains 20,890 square feet (0.479 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS ~~~ Civil Survey Consultants, Incorporated e>'~' Date: May 25, 2005 ~ ~~~ .. ~,~ 1 A EXHIBIT B SEWER AND WATER EASEMENT LOCATED /N THE SW 1/4 OF SECT/ON 8, TOWNSH/P 3 NORTH, RANGE 1 EAST, BO/SE MER/D/AN, ADA COUNTY, /DAHO. FERGUSON ENTERPR/SES 1/4 •---- PINE LOCUST GROVE „ ,~ „ ~ "~ _ , ~ I ry n - ~~ w ~ 11 ~ ~ 1~ ~_ --N... ._ _ . ,vim r f ~ .. ' ..~ - : „? o ~ ' X57.10 N ` -S 89°33'49" E snoeazssos I ~ ` '., ~ 00 N } j ~ PINE ~ O ~ ~ ) ~~ ~ iERGU50N ENTERPRISES, INC. II j i, . N `. ~ ~. I ~ ~ ~ . ~.L-1J L-5 ,~ ! z i I I .. .... I ~ I -- - I i .._~... 7 ~ ~ L-- ~ I i ik ~• a -~ ~ ~ L 6 ' L, . 3 ~ ~, ~ .o ' ' C ~~_~.1MERCIAL ~ i ~ ~` ~~ 274 04' ° ' ' 132.38 ~ ._.. . S _88 30 34" E' ~ .~, _ ~- ~ 88° ' ^ f' ° AVENUE _ ._..._.~..-. _ ~. / ~ = ~ ....~ ~.... 30 34 ' E --POINT OF ~ , i .- ~ ~ , ~ . , ` ~~ G- I F~ ~ ~. ' ~ _ i i . _ , 406 1 1 N 88°30 34 W ~~ ~ .. ,,~ I L- 19 i ~ ~ ~ ~ e I , . _... 1- _~. _.. . C : c ~ ... ~ ,- - ~- _. _ ~ ~~ I~ ._ i ~~._ `. ,a .: ~ ~ _ cD ~ _ _ -- L 1 4 ~ '~ ~ L 13 --~ ,~ ~ ^ ~ i ~ i ~ a° , ~ ~- ~ 2-, ~' ~ Q , o o 3 ~ i I~ I._.~ ~ o s. cn : ~ ~ I ~ o i ' a~ ~ ~ ~ , ~x ~I o ~ , z ~ o ~ N ~~ S ~ ~ U ~ 1 © ~ ~ ' ~ 0 50 1 0 200 30Q~ ~ i ~ J .~ ] I SCALE: 1 -100 ~ --• .. __ _ • ^ _._ .__ _ y s......_,.". ~, -----w---- _... _ _,_ - --__--_ ---- ---~ , _ _. ~+ _ ..........~..s. 7 8 FRANKLIN/LOCUST GROVE 18 17 LINE DATA LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L -1 S 88'30 ;34 " E 13.99' L -8 N 129 26" E 47.32' L -14 S 88'30:34 " E 25.47' L-2 S 12926" W 5.81' L-9 S 88'30:34" E 20.00' L-15 N 12926" E 93.19' L -3 S 88'30 34 " E 79.26" L -10 S 129 26" W 47.32' L -16 N 88'30:34" W 48.98' L-4 N 12926" E 10.00' L-11 S 0'2728" W 30.00' L-17 N 12926" E 33.50' L -5 S 88'30 34 " E 20.00' L -12 N 88'30:34 " W 45.47' L -18 N 88'30 34 " W 8235' L-6 S 12926" W 12.70' L-13 N 12926" E 20.00' L-19 N 0'36'17" E 25.82' L-7 S 43'30:34" E 24.92' PREPARED BY OWNER PROJECT CIVIL SURVEY CONSULTANTS INC FERGUSON ENTERPRISES, INC. FERGUSON ENTERPRISES , 100 SOUTH ADKINS WAY 12500 JEFFERSON AVENUE SITE PLAN suITE ~o~ NEWPORT NEWS VA 23602 SEWER AND W ATER EASEME NT MERIDIAN, 10 8364 (208)888-4312 2 , (757)989-2359 SEC 8, T3N, R1 E, ADA COUNTY, IDAHO FILE: EASEMENT-Skw DATE: 5/19/05 SHEET: t OF 7 ~,_~~ 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 Slouph)• K. Streetlight Agreement for Settlement Bridge No. 2: L. Agreement for Hookup to Services outside of Citv 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.