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Water Main Easement with Tamura, Douglas for Grace at Fairview Lakes~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO f BOISE IDAHO 09123105 01:37 PM RECORDEDickREQUEST OF II I I ~ II ~I I~ I I ~ II I~ ~ II II I IIII II II ~~ ~~~ Meridian City i f~S 139~7'~ WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20between ,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 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 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 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 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 Pages 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. Grace at Fairview Lakes, LLC Grace LLC, Member Doug Tamura, Member STATE OF IDAHO ) ss County of Ada ) .~~~~``~ ~ VAq 4~~~~ O F, `r ~pt~q` ~ Y ~~ AV61.1t+ ~ ~i~ii~~TF OF 1Op!r`~`~ On this ~ day of !-~uGrc.~g-T- , 2005 , before me, the undersigned, a Notary Public in and for said State, personally appeared Doug Tamura, known or identified to me to be a Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~.--~gLC~- /,. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Mr ei p c ,~N ~p/~t}p Commission Expires: o~ f Za f Zc~aB GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR.DOC ~8~~ Approved By City Council On. ~~ T ~~ ~. C. \\\\\\`\1~U 1111111/J/~///'// ~i Tammy de W erd, o ,~`~~, ~'%, ~O $EAL Attest by William G. Berg, ity Clerk y ~Q s ~~" STATE OF IDAHO, County of Ada ss. On this 6 day of .~~c' ~~, er , 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. (SEAL) ~ * ~~ l.SOTq ~~~~~~ NOT Y P LIC FOR IDAHO < ~, • ~. ~ ~. ~ ? Re iding ~Qr ~ d ~ a K ~a G.o ~ ~ ` # • C m' ion Expires: OY o ~`•~AUgLIC ~S ~,~ ~ ~. ~9f' . ~~'•w..••' O ~~. ~•~ U~' ID p-~ ..•'~~ Water Main Easement EASMT WTR.DOC P~ Rndersan Suruey Group.com EXHIBIT A LEGAL DESCRIPTION for FA/RV/EW LAKES- WATER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 706.13 feet; thence leaving said West line South 90°00'00" East along the North line of Devon Park Subdivision No. 1, a distance of 372.78 feet to a point on a non tangent curve; thence on said non-tangent curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said curve, through a central angle of 05°34'54", the long chord of which bears North 02°47'27" West a distance of 1.95 feet; thence North 00°00'00" East a distance of 268.05 feet; thence South 90°00'00" East a distance of 37.99 feet; thence North 00°00'00" East a distance of 45.00 feet; thence South 90°00'00" East a distance of 23.05 feet; thence South 81°06'38" East a distance of 29.90 feet; thence South 81°06'38" East a distance of 49.23 feet; thence South 89°53'08" East a distance of 146.56 feet; thence North 00°23'27" East a distance of 20.00 feet to the REAL POINT OF BEGINNING; thence North 89°53'08" West a distance of 25.00 feet; thence North 00°23'27" East a distance of 67.77 feet; thence South 89°36'33" East a distance of 7.00 feet; thence North 00°23'27" East a distance of 7.00 feet to a point on a curve; thence on said tangent curve to the right, having a radius of 28.00 feet, 33.76 feet along the arc of said curve, through a central angle of 69°04'31 ", the long chord of which bears North 34°55'42" East a distance of 31.75 feet; thence South 00°23'27" West a distance of 100.80 feet to the Real Point of Beginning. Said Strip contains 2,161 square feet, more or less. ~0~,~ ~sTS,~ Project No. 03-150 Q `~ July 25, 2005 i~ f 1 ~~~ ~.~~ of ~~ 351 E. Watertower Ln.. Suite F. Meridian. ID 83642 P. 206.888.7345 Page ~f~ Anderson Suruey Group.com EXHIBIT B LEGAL DESCRIPTION for FA/RV/EW LAKES- WATER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section comer common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 1301.13 feet; thence leaving said West line South 89°53'08" East along the North line of Devon Park Subdivision No. 2, a distance of 476.87; thence South 00°06'52" East a distance of 10.04 feet to the REAL POINT OF BEGINNING; thence South 89°53'08" East a distance of 180.07 feet; thence South 00°23'27" West a distance of 96.68 feet to a point on a curve; thence on said non-tangent curve to the right, having a radius of 28.00 feet, 33.76 feet along the arc of said curve, through a central angle of 69°04'24", the long chord of which bears North 21°19'03" East a distance of 31.75 feet; thence North 00°23'27" East a distance of 7.00 feet; thence North 89°36'33" West a distance of 7.00 feet thence North 00°23'27" East a distance of 38.44 feet; thence North 89°53'08" West a distance of 154.95 feet; thence North 00°06'52" East a distance of 24.96 to the Real Point of Beginning. Said Strip contains 5,924 square feet, more or less. Project No. 03-150 August 5, 2005 357 E. Watertower Ln., Suite F, Meridian. ID 83642 P. 206.008.7345 ~~~~~ ~~ STg$8 ~.,~~ 7314 ~~~, 9 .d:<,c ~' or toi i _I ~ ~ ~ 24.50' ~~ _ o ~ ~ N00°00 00 W ~n~ ~ n o k ~ C ~ ~zn R, I ~ a ~n ~~~, I I z zz I o ~ ~,o ~ ~ f JQ °- O~ o ~ z "' I N00°00'00"E /~+ ~O 45.00' I ~ c,~ ~~ / °0 0 o ~i • ,~5 ~ I x/~~ oo°~~~ I I /W col ~ I a ^? ~ I~ ~• h ~~1 ~ 1 ~I j~ IX ~I l Iz I ~ T m f A o I CD CD I~ I ~x I m ~ I 1~ ~ ~ ~; I c+ n I ~~m 1 ~ ~~ L~ Im~°I ~VI ~ ~ ti ~ ~ ~ ~_~ I ~ ~ I ~N I ~ ~.-~ z ~I . ~ I ~ ~ I ~ I ~ ~--~ i I Iti~ ~ ~ U 2 ~p O I I II oo ~~ ~N .~ o~ o~ I N0073'27"E 67.77' Ri Rv,-- _ ~~ I I I R ~~~ ~- ~ - o x ~g o ~ 2 a ~ ° o ~j ~ m o ~ m z ~ C --~ ~ n 0 z ~ ~ ~o ~~ ~° z o z ~ o ~ 0 N_ N N ~n -T-17 I- 'T'I I ~ ~ ~ ~ ~ -p ~ !d ~ ~~ I~ c I I` ~ ~ ~ ~ ~~~~-"-'I~ I--~-~ y -p Inc Inc c I~ ~ ~~ ~ , of xi I ~- 0 N00°23'27"E 108.61' ~- 0 T Pig -! C~ Meridian City Council September 6, 2005 Page 2 of 39 pray for your help and your watch care and your mercy and kindness upon those people, Lord. And thank you that they can turn to you and that you can be a very present help to them in their time of trouble. And, Father, for the many who will be taking their lives in their hands and being in dangerous situations and many rescue operations and attempts and clean-up things and, Father, sometimes people get crazy and do things like shoot at others. I just pray that you would watch over, provide safety and protection. Now, Father, we just thank you for the great state and city in which we live. Thanks for the stability of our region. We are blessed here, Father. We give you thanks for that. And now as we undertake business tonight, that it would go well. Help us to be gracious one with another and give wisdom and discernment and decisions that need to be made and we will be careful to give you the thanks and the praise, in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, pastor, for the timely message for our community and our nation. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: Before I make the motion to approve this, could I get a resolution number and an ordinance number to start with? Wardle: Resolution number 05-488 and ordinance number 05-1177. Bird: Okay. With that, Mr. President, I would move that we -- on the agenda we will be passing on resolution 05-488 on the Consent Agenda. We would like to add -- well, I guess, we will be deleting on the Department Reports Items A and B. We would like to add an Item D. The attorney would like to discuss an item. And we will be -- in the regular agenda we will be passing ordinance -- or voting on ordinances 05-1177, 1178, 1179, and 1180. And with that I move that we approve the agenda as revised. Donnell: Second. Wardle: It's been moved and seconded to approve the agenda as amended. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Regular Meeting: Meridian City Council September 6, 2005 Page 3 of 39 B. Approve Minutes of August 16, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price -SWC of North Meridian Road and West Ustick Road: F. Development Agreement: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company -SWC of South Meridian Road and West Overland Road: H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-111-01-SR: I. Water Main Easement Agreement for AD Development by Franklin / Stratford invest.: J. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: K. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: L. Contract for the Wastewater Treatment Plant Expansion Proiect Task Order No. 3 with Carollo Engineers: M. Contract for the Ten Mile Trunk Relief -Phase 1 with JUB Engineers: Meridian City Council September 6, 2005 Page 4 of 39 N. Sanitary Sewer and Water Main Easement Agreement for Paramount Subdivision No. 8 by David Turnbull: O. Sanitary Sewer and Water Main Easement Agreement for Wyndstone Place by Quasar Development: P. Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction: Q. Resolution No. 05-488 Annual CPI Rate Adjustment for Solid Waste Collection Services: R. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: S. Approve Bills: Wardle: Item 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have been requested by the developer to table Item C on the Consent Agenda to 9/20/05 and with that I would move that we approve the rest of the agenda, including Resolution No. 05-488 and for the President to sign and the Clerk to attest on all proper papers. Donnell: Second. Wardle: It's been moved and seconded to approve the Consent Agenda with the tabling of Item C, tabling to 9/20/05. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department -Steve Siddoway 1. Follow-up Discussion of Letter from Floyd Robinson: Request to Table to September 13, 2005 B. Parks and Recreation Department -Elroy Huff