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Sanitary Sewer and Water Main Easement with Capital Development, Inc. for Settlement Bridge No. 6ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 BOISE IDAHO 08124106 01:51 PM DEPUTY Patti Thompson III I I IIII III I I II IIIIII IIII IlI I'll I III RECORDED-REQUEST OF 10~1?7~4` City of Meridian SANITARY SEWER AND WATER MAIN EASEMENT I 1 ~~, ~ m e nfi~ THIS INDENTURE, made this~J day of ~ , 20~between~i -t ~ , arties of the first art and hereinafter called~~antors, and the City of Meridian, Ada County, p p 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 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 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 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 MAIN.doc EASMT.S&W ~~~~ 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. STATE OF IDAHO ss County of Ada ) On this ~g~` day of (., , 20~, before me, the undersigned, a Notary Public in and for said State, persol lly appeared and tNl are ~ ,known or identified to me to a the President and Secretar , respec vely, 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 yeaz fist above written. _,~~~~~a~a Sanitary Sewer and Water Main Easement MAIN.doc NOTARY PUBLI OR IDAHO Residing at: T;r~ ~ s ~ , = b Commission Expires: MY COMMISSION EXPIRES EASMT.S&W June 8, 2012 BONDBD THRU NOTARY PUBLIC e1NDE1RwR~'r'F+vS ;' ~OTARyC•:: PUBLIC Page 1~ ~~ - / Secret GRANTEE: CITY OF MERIDIAN je,,„~, ~ ~ ~ ~ ~ ~ ~,,,; . ee v ~~~ Tammy de We d ayor _ - - ~y~~ ~ ~ ~~ p~ Attest by William G. Berg, Ci Cle ~~~''%~ ~y , '~ ~`''`\~ ~~~~tt~~t tit tNe` Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this~~ day of I~c:~L-r r' -~ , 20'C~ 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 ,~•1'~~2{3,,~ •.~ Residing at: J r Zti"~~~ ti~'~~ ~~TA~~ ~ Commission Expires: `t _-/S // ~ . . ~ ~ • . ; ~~.~ ~ ;' i ~,. ~ • •.~~ .,~~ ~,. Sanitary Sewer and Water Main Easement EASMT.SBcW MAIN.doc ~~~~ Engineering North West, LLc 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Proj ect No. 06-012-00 Date: July 12, 2006 Ext~~ai-r ~ SETTLEMENT BRIDGE SUBDIVISION N0.6 UTILITY EASEMENT DESCRIPTION An easement located in the NE 1/4 of the NW 1/4 of Section 32, T. 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 29, 30, 31 and 32 of said T. 4 N., R. 1 E.; Thence South 89°12'09" East, 2653.10 feet on the section line common to said Sections 29 and 32 to the 1/4 Section Corner common to said Sections 29 and 32; Thence leaving said section line, South 00°33'24" West, 366.82 feet on the north-south mid-section line of said Section 32 to the southeast corner of Settlement Bridge Subdivision No. 5; Thence South 19°46'33" West, 349.35 feet to a point on a curve, said point also being the REAL POINT OF BEGINNING; Thence 32.18 feet on the arc of a curve to the left, said curve having a radius of 50.00 feet, a central angle of 36°52'12" and a chord distance of 31.62 feet which bears North 54°44'53" West; Thence North 00°33'24" East, 149.00 feet; Thence South 89°26'36" East, 26.00 feet; Thence South 00°33'24" West, 167.00 feet to the real point of beginning. PREPARED BY: James IL Washburn, PLS Settlement Bridge No. 6 Utility Easement nesc.doc paAe~~ 1 j ~, f Engineering Northwest, LLC SETTLEMENT BRIDGE SUBDIViS10N NO. 6 UTILITY EASEMENT EXHIBIT B S.30 ~ S.29 S.31 i S.32 of o~ ~~ ~~ U O J Z E. McMILL "' -- SCALE: 1 " _ Page~~ .tr \tCiTNO1MY d11M MM9\flrnrY.M\~d.I1.M\tlIRYMYII fYfY (ItlllTV E~SFYFYT_Arn 7AfIMm6 'b Sa 40 P11 Y3T Meridian City Council August 8, 2006 Page 3 of 40 F. Findings of Fact and Conclusions of Law for Approval: PP 06- 022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: G. Approve New Beer and Wine License Applications for Sizzler No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road: H. Approve Beer and Wine License Transfer from Albertsons, Inc., to New Albertsons, Inc. for Albertson's #164 located at 20 E. Fairview Avenue: Approve Beer and Wine License Transfer from Albertsons. Inc., to New Albertsons, Inc. for Albertson's #180 located at 3301 W. Cherry Lane: Sanitary Sewer and Water Main Easement Agreement for Settlement Bridge No. 6 by Capital Development, Inc.: K. Chan~c a Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc.: L. Water Main Easement Agreement for Lot 3, Block 5, of Bonito Subdivision with EI Dorado Hotel Partners, LLC: M. Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Proiect with St. Luke's Meridian Medical Center: N. Wastewater Treatment Facility Process Enhancement Study for Miscellaneous Wastewater Projects with HDR Engineering, Inc.. O. Permanent and Temporary Easement Contract for Naomi Farms, LP for North Black Cat Project: P. Contract for Geotechnical Services for Well 27A and 27B with Hydrologic: Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers: R. Senior Center Rehabilitation Phase II Accessibility ICDBG-06- III-05-SR Meridian City Council August 8, 2006 Page 4 of 40 S. Development Agreement: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: T. Development Agreement: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) zones for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: U. Resolution No. 06-525 CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast corners of South Eagle Road and Victory Road: V. Lease Agreement with Xerox new Copy Machine in City Clerk's Office: W. Agreement for Professional Services for Wireless Network Infrastructure Maintenance, Operation Support, and Repair with Zial Network: De Weerd: Item No. 5 is Consent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and that would include Resolution 06-525, CPA 05-001, and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department -Chief Bill Musser