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Water Main Easement with Boise Valley Common for All Valley Animal CareADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; DEPU~DAPatl1Thompson1:58 PM RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III City of Meridian i ~615~94t V~11R 1V~i N FASII~INT THIS INDENTURE, made this i 6 day of ~~ ~ , 20 06 between RISE Vl1L:(-G'! ~M~the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNES SETH: 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 Granteetheright- 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 andright-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 effect and shall be completely relinquished. Water Main Easement EASMT WTR Page ~ ~. 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: esident N ~ Secr tary STATE OF IDAHO ) ss County of Ada ) On this /~~ ~f ~ day of 0 ~ ,before me, the undersigned, a Notary Public in IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above w~„__ and for said State, personally ppeared ~ 1 1 ~ and ,known or identified to me to e the President and Sebr ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. J' ~TAR.j, ~... pUBU1C ~~- ~~,•~ '~:~?~ of Water Main Easement Residing at /(~/ Commission Expires: EASMT WTR Pgae ~ of GRANTEE: CITY OF MERIDIAN Tammy de Weerd, M or \`\``~~~~~ Qtr ~iii'~~i,~~',, ` C~' , AM O ' Attest by William G. Berg, City Clerk . $~'i,~L ~ ~~ ~~ rL Approved By City Council On: .,~ STATE OF IDAHO, ss. County of Ada On this -~\G day of L' ~ %1L1Y~ ~'L~ , 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) NOTARY PUBLIC FOR IDAHO Residing at: ~ ~ ~~ ~~ Commission Expires: I D- /S -1~ Water Main Easement EASMT WTR pie ,.~ e,f ~\ /.~~i / ' rI % ~ ~~ THE LAND GROUP, INC. August 16, 2006 Project No. 05305 Legal Description Lot 13, Block 3 Destination Place Waterline Easement 753 Square Feet EXHIBIT ~~A" An easement for the purpose of construction, access and maintenance of water facilities being a portion of Lot 13, Block 3 of Destination Place Subdivision (a recorded subdivision on file in Book 93 of Plats at pages 11190-11192, inclusive, records of Ada County Idaho) situated in a portion of the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8-inch steel pin monumenting the southwest corner of Lot 13, Block 3 of Destination Place Subdivision, thence North 00°28'21" East a distance of 46.14 feet to the POINT OF BEGINNING. Thence North 00°28'21" East a distance of 26.54 feet to a point; Thence South 89°31'39" East a distance of 28.36 feet to a point; Thence South 00°28'21" West a distance of 26.54 feet to a point; Thence North 89°31'39" West a distance of 28.36 feet to the POINT OF BEGINNING. The above described easement contains 753 square feet, more or less, subject to all existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a pa hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 5~~~8~~ ~A 208-939-4041 e{°~ ~~ $~, ~~, 208-939-4445 (FAX) ~ ~ '~ a ,~ 11575: Ilrncfacape Aniritecture • Site Planning • Civil Engineering • Goff Course Irrigation e'r Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com G:\2005\05305\LL_0G081 Gballazd_05305h20.doc r 9 6 56.30, 81'39'27"E R- 2 " 9 52 93' ~ D -1 . . 0 S 56" E Chord B f ~-N92 29' Ch o BRASS CAP R-O-W MONUMENT PER DESTINATION PLACE SUBDIVISION 5/8" STEEL PIN PER DESTINATION PLACE N SUBDIVISION (TYP) W N Y U g ``' s O ZO _ N N ~ _ Q O Z p ~ LOT 13. BLOCK 3 J ~ DESTINATION PLACE EXISTING I'~r I 30' ACCESS AND I ~; I UTILITY EASEMENT I ~ ~ h LOT 1Q BLOCK 3 I °D o DESTINATION PLACE I o . Li ~ I~ ~ I ~/f-/~fi~0 °~i~ ~ I 5ti~~~ ~Nd s o~y 4~'~1 S T~~~'d ~~ a a 11575 ~ °x I i d ~~ 0 F 1~S ~S LE'~~ -!(~-ddb M J EASEMENT AREA UNE TAB LE UNE LENGTH BEARING L1 26.54' N00'28'21"E ~ 28.36' N89'31'39"W L3 26.54' S00'28'21 "W L4 28.36' N89'31'39"W N89'31'39"W 242.24' LOT 12, BLOCK 3 DESTINATION PLACE 0 N Scale: 1 "=60' W g Z `\ /~~~ THE LAND GROUP, INC. „ „ August 2006 ~~ ~~ ~~ -Landscape Architocture Exhibit B 05305 • Site Plann{s~q r •~'~` ~ineeri,~ Destination Place Lot 13 Blk . • Go{f Courn lrrigaNon ~ 6ngineari~y/ PMne lP~! P J 999-!!!5 ' ' N tl/e Waterline Easement O - 1 Meridian City Council September 26, 2006 Page 3 of 28 E. Findings of Fact and Conclusions of Law for Approval: PP 06- 041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Springs Subdivision by Rob Godsill - 3420 South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction - south of West McMillan and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 033 Request for Preliminary Plat approval of 48 attached single- family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction -south of West McMillan and west of North Meridian Road: H. Water Main Easement Agreement for All Valley Animal Care by Boise Valley Common: Agreement for Professional Services for Information Technology Strategic Audit with Kerrin Executive Services: J. Public Works Change Order No. 2 of Contract for PRV Radio and Power Installations with Lea Electric: K. Memorandum of Understanding with the City of Meridian and Local Union # 2311 for Fire Inspector Position: Wardle: Item No. 5, the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: As I stated, Item A on the Consent Agenda needs to be tabled until October 3rd, 2006. And with that I move that we approve the revised Consent Agenda and for the President to sign and the Clerk to attest on all papers. Rountree: Second. Wardle: It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, will you, please, call roll. Meridian City Council September 26, 2006 Page 4 of 28 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department -Bill Nary 1. Approve SWAC Recommendation on Application for Meridian Middle School Cardboard Recycling Pilot Program for $220.00: 2. Approve SWAC Recommendation on Application for Meridian Boys & Girls Club of Ada County for Centennial Park Artwork Project for $7,740.00: 3. Entitlement City Letter for U.S. Department of Housing 8~ Urban Development's designation as an Entitlement Community: Wardle: Item No. 6 is Department Reports. Item 6-A, Legal Department, Mr. Nary. Nary: Thank you, Mr. President. There are two items there, one and two, that are Solid Waste Advisory Committee recommendations. We bring those to you periodically during the budget year. There is money set aside in the budget for these type of applications. The Solid Waste Advisory committee has recommended approval of both of these. Just to refresh your memory, these types of projects require a 50 percent match by the applicant. Both of these meet this criteria. Just as one note, item two is for 7,740 dollars for the Meridian Boys and Girls Club application. That would exceed the remainder of the budget. There is a portion of that that can be paid out of this year's budget that would take the total amount in that line item down to zero. There is a remainder that we will bring back to you in the new year when the specific -- the specific amount out of the next year's budget needs to be paid in phases, because this is a phased in project anyway, but I wanted to make you aware of both of those. If those meet your approval, we'd simply ask for your motion and approval of those. Wardle: Thank you, Mr. Nary. Council, questions about the Solid Waste Advisory Committee recommendation? Bird: Mr. President? Wardle: Mr. Bird. Bird: Just for clarity, this is not taxpayer dollars, this is the money that has been raised through our recycling; right?