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Water Main Easement with Cole Valley Christian Schools for Fire HydrantADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAH012123/05 10:14 AM DEPUTY Patti Thompson III I'IIIIIIII'IIIII'IIIIIIIII'IIIIIII RECORDED-REQUEST OF City of Meridian 1451 ~58~4 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of /`~/-~, 20~J between ~/ ~ ~,"'the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty, 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 VVI-IEREAS, the water main is to be provided for through an underground pipeline to be constricted 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 theright- 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 construe±ion, 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 ~~ 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: D Secretary STATE OF IDAHO ) ss County of Ada ) w On this 1 `~ ~" day of 1Ub1~Nrd ~~ , 20d ~ before me, the undersigned, a Notary Public in and for said State, personally appeared 11~~. L1'~tl and 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _. NOTARY PUBLIC FOR IDAHO Residing at Chi~,~it~~s~.J ~ ~~'~ Commission Expires: _ ~ ~ 1 / ~ ob (SEAL~L E MAYEIf Notary Pu ~'~c State of I c; Water Main Easement EASMT WTR pefSe~~ GRANTEE: CITY OF MERIDIAN ``~,~~``~q`~l ~ ~`~.,~~~,'~ d~~ p Tammy e Weerd, or 1 ~~'r.' ;, ~ 9 rs ~T 18T • ~ ~~ .,, Q~~. Attest by William G. Berg, Ci Clerk ~~~i~~ `''UNITY • ~~~`~~~ Approved By City Council On: STATE OF IDAHO, ss. County of Ada ) cj On this 2~ day of '~ ~',-~~-' "'. ~ ' , 200; 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) ., .:r:..x:»w-w.~y;. . Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Y~ ~ ~jG~ , Jr,~~~`~L~ Commission Expires: ~ U- % s- /! EASMT WTR ~ -~ Project: 10-05-020 Date: October 19, 2005 PARCEL DESCRIPTION FIRE HYDRANT EASEMENT A parcel of land situated in Lot 3 of Block 1 of School Plaza Subdivision No. 1 located in Government Lot 2 of the Northwest'/a, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit and more particularly described as follows: Commencing at a brass cap in the centerline intersection of E. Carlton Avenue and N.E. 2-1 /2 Street; thence along said N.E. 2-1 /2 Street, North 00°27'45" East, 563.59 feet; thence leaving said N.E. 2-1 /2 Street, North 89°32'15" West, 25.00 feet to the POINT OF BEGINNING; thence South 00 ° 27'45" West, 20.00 feet; thence North 90°00'00" West, 40.96 feet; thence South 00°00'00" West, 64.12 feet; thence North 90 ° 00'00" West, 20.00 feet; thence North 00°00'00" East, 84.12 feet; thence South 90°00'00" East, 61.12 feet; to the POINT OF BEGINNING. Containing 0.060 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/jch B:\ProjectManagers\JEC\10-05-020-Cole Valley Christian High School\10-05-020 Admin\Description\Fire Hydrant Easement.doc Page N. ~o .] L ~, ~C' ° i N w i+) N M O O Z 0~ SCALE: 1 "=80' i N89'58'41 "E 242.51' POINT OF BEGININGI S90'00'00"E 61., 2' r w o. ~ r O _N E p ~ I I OZV O~~ ~O~ BLOCK 1 Z ~ ~ °o~ LOT 3 N90'00'OQ"W 20.00 4 S89'28'37"E~ I COMMON EASEMENT 37.00' , 2 o~ O O N W M N M O O Z I ~ S89'36'07"W 280.13' O O O M E. CARL7nN AVE 8575 ` ~ v• ~ q •o,~~o , I~ r M ('32'15"W 25.00' )'27'45"W 20.00' I ~ ti M O) Of ~ ~ ~i ~o un ... N O I~ O ~ Z ~~ 3 a I~ N O I N N W Z "~"aEOFOIIAWI"°° THIS DOCUMENT, AND THE IDEAS AND DESIGNS INCORPORATED NEREIN °"°F"~ "~°~~"~ ~ COLE VALLEY CHRISTIAN SCHOOL SHEET As AN INSTRUMENT OF PROFESSIONAL9ERVICE,L37HEPROPERTYOF JL B EN W PflOJ..:70-06-020 ~ O EERE, Ina AND 19 NOT TO SE USEO, M VMOLE OR PART, FOR ANY OTHER PROJECT WfD70UT THE EXPRESS WRITTEN pLOT SCALE: 1-700 (J•u~ FIRE HYDRANT EASEMENT 1 AUTHORDATION OF b14E ENWNEERS, hla DRAWING N0.:1 oflAwner: JCH GOVERNMENT LOT 2 NWi/4 SECTION 7 T.3N R. .M. DESKiN BV: JCN .e,,,,,Ey6,.. Nallw•E , , , ADA COUNTY, IDAHO 1 N REVI I DE RIPTI BY PR DATE CHECKED BV: RMH Meridian City Council December 20, 2005 Page 2 of 20 Wardle: Thank you very much. Item 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have on our regular agenda Item No. 8, which is Weed and Pest Control, has been requested to be tabled to January 3rd, 2006, and the attorney has requested that we just cancel the Executive Session, because of a conflict, not getting stuff back to us. With that I would move we approve the amended agenda. Rountree: Second. Do we have an ordinance number? Bird: Oh, yes. And ordinance number 05-1208. Wardle: It's been moved and seconded to adopt the agenda as amended with the additional ordinance number. All in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 6, 2005 City Council Regular Meeting: B. Water Main Easement Agreement for Cole Valley Christian School: C. Streetlight Agreement for Saauaro Cannon Subdivision No. 3 by Farwest, LLC: D. Streetlight Agreement for Saguaro Cannon Subdivision No. 2 by Farwest, LLC: E. Streetlight Agreement for Sutherland Farm Subdivision No. 5 by Great Sky, Inc.: F. Streetlight Agreement for Sutherland Farm Subdivision No 6 by Great Sky, Inc: G. Streetlight Agreement for Fulfer Subdivision No. 6 by Kevin Howell Construction: H. Agreement with MART for Baseball Field: Meridian City Council December 20, 2005 Page 3 of 20 I. Water Main Easement Agreement for Nature's Child by LH Properties, LLC: J. Water Main Easement Agreement for Nature's Child by Sundance Company: K. Approve Bills: Wardle: Item No. 5 is our Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the President to sign and the clerk to attest on all proper papers. Rountree: Second. Wardle: It's moved and seconded to adopt the Consent Agenda. Mr. Clerk, roll-call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department -Doug Strong 1. Renaming Five Mile Creek Pathway the Bud Porter Pathway: Wardle: Thank you. Item 6, Department Reports. Item A is Parks Department. Doug Strong. Strong: Thank you, Mr. President, Members of the Council. Have two items that I would like to discuss with you tonight and get your action or response to. The first item is in our December 14th Parks and Recreation Commission meeting we discussed renaming the Five Mile Creek Pathway to the Bud Porter Pathway. I believe all of you read recent a-mails regarding Bud's condition and situation there. So, it was a unanimous vote by the commission to recommend to the Council to rename the Five Mile Creek Pathway after Bud. So, with that I would certainly entertain any discussion that you would like to have regarding that recommendation. Bird: Mr. President?