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Water Main Easement with Sundance Investments for Sakana Sushir ~. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 01!12!07 09:24 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 1070E15~20 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~ ~ , 20 d ~ between Sr~~ I"l ~nr~~~, 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; WTTNESSETH: 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 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. I'T 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 Sakana_EASMT_WTR_MAIN Pam I ~~.~.: 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: STATE OF IDAHO ) 1 ss County of Ada ,..,cam) On this ~ " "` day of .~~-~-~ , 200(, before me, the undersigned, a Notary Public in and for said State, personally appeared ~l ~~~~~,/-cam ~ ~~-~-~ .ate known or identified to me to bet Presider ,respectively, of the corporation that executed the within instrume , an a snow e e o 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. ~ ~ ~~ L~*~ NE ~! ~i•4 NOTARY PUBLIC FOR IDAHO 1'G~.r' ~d+p•••• Residing at -~-~ .°~~~ ~Otw,R~ ~' z~ Commission Expires: ~ i,//o '~! ~~ ~~~ ~••'!~~,'!' Otlr 1~~~ Water Main Easement Sakana_EASMT_WTR_MAIN Page~„of,~„ ..' . GRANTEE: CITY OF MERIDIAN `\Illllllllltltr/i. ~~~ ~ 1~1'rQ ~'~ ~~ R . ~. ~~ - F ; Tammy de eerd, ay r ~ ~~ ~ 1 ~ ~~ Attest by William G. Berg, tty Cl k ~ 7 ~'' ~ ,~ _ ,,~ '~~ ,r. .n . K`a .R,~ Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) 11/!!11 1!11111 h ~ On this ~ + day of 1 Gri,~Lr~'er~ ~~Fr~ , 20 ~ 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) d~ ~ Water Main Easement }pTA~~, • (1 NOTARY PUBLIC FOR IDAHO Residing at: ~~ ~G~~2 1~.=~ Commission Expires: /D -- i ~ -! l Sakana_EASMT_WTR_MAIN PaSe~ ' TEALEY'S LAND SURVEYING Project No.: 3073 Date: November 6, 2006 187 E. 50~ Street, Garden City, Idaho 83714 (208)385-0636 Fax (208)385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR SUNDANCE COMPANY ISAKANA SUSH11 A parcel of land being a portion of Lot 14 of Block 1 of Silverstone Subdivision No. 3 as on file in Book 86 at Pages 9652 and 9653 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 14; thence along the West line of said Lot 14 South 00°14'50" West 124.50 feet to the Southwest corner of Parcel "I" as shown on Record of Survey 6550 on file in the Office of the Recorder for Ada County, thence along the South boundary of said Parcel "I" South 89°45'10" East 87.00 feet to a point on the East line of a City of Meridian Water Main Easement filed under Instrument No. 10125185 in the Office of the Ada County Recorder which point is also the POINT OF BEGINNING; thence leaving said South boundary at right angles along said East line of the Water Main Easement North 00°14'50" East 22.00 feet to a point; thence leaving said East line of the Water Main Easement at right angles South 89°45'10" East 10.00 feet to a point; thence at right angles South 00°14'50" West 22.00 feet to a point on said South boundary of Parcel "I"; thence along said South boundary North 89°45'10" West 10.00 feet to the POINT OF BEGINNING. Said Parcel Contains 220 Square Feet, more or less. 3073-water-easement.doc - anw Page~of~ EXHIBIT "B" WATER LINE EASEMENT EXHIBIT FOR ~L SAKANA SUSHI RESTAURANT r PORTIONS OF LOTS 13 & 14 , SILVERSTONE SUB No. 3 ~l SITl1ATED IN THE NW I/4 OF SECT. 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO I 0 25 50 100 I ~ ~ ~~~ 1 S61 SCALE IN FEET 1 6 °08 O CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C3 200.00' 9.46'51' 34.14' S 11.17'16' w 34.10' C4 60.00' 83'21'00' 67.28' N 48'34'20' E 79.79' I I D Q ~ ~ I W I J C.9 Q w I 13 I ' NW CORNER , I LOT 14 r---I ~~~ I I I /~ -- w ,-- -- ~ ---- ~ ., G~J S 89 ° 45' 10" E 149.80' ~_ _ ~ ~ _ I I I , 1 I 1 o `• I ' ~ EXISTING CITY OF 1 1 _ ~ MERIDIAN WATER 1 (V) EASEMENT INSTRUMENT 1 No. 10 2 12 5 18 5 I _ _ ~. I I nnnnncrn S 89 °45' 10" E~ ! ' ~ ' N 00 ° 14'50" E 10.00' S 00 ° 14'50" W n 22.00' w22.00' w 10.00 ' _ _ w 87.00' _ _ 14~ ______ __ __ ~ S 89°45'10" E 239. ~ w w w- I \W CORNER POINT OF PARCEL "L, BEGINNING ; ~ _ ROS 6550 ~II 3073-meridion exhibit.dwg 11-06-06 14:39:59 dmorks ~~ I I u~ I~ I LOT 13, BLK I 3 SILVERSTONE I o No. 3 I~ I° 0 to I I „ 34.00' SE CORNER OF PROPOSED I PARCEL "Q" I~ EXISTING CITY OF MERIDIAN WATER EASEMENT INSTRUMENT I No. 10 4 146 4 4 1 I ~~ Meridian City Counal December 19, 2006 Page 4 of 28 O. Public Works Change Order No. 2 for Water and Sewer Imarove~rnents in Conjunction with the Locust Grove Grade Seaaration with Cascade Pip®ling Coraoration for X2,620.00: P. Resolution No. OP-542 VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and imgation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton 1 Dyver Development - 3128 & 3150 West Lost Rapids Drive: Q. SHP 06-008: Request for Short Plat Approval of Schwenkfelder Tire Short Plat consisting of one cxymmercial building lot on 1.903 acres in a C-G zone by JR and Bonnie St~wenkfelder, LLC: R. Aaarove Contract for Training and Installation of Electronic Tracking ~v~tem with ETS: S. Aaarove Agreement for Profe~signal Services with Indigo Networks for Wireless Network Infrastructure Maintenance, Operational Support and Repair: T. Memorandum A r~eement on Overaavment of Overxirrna with I.A.F.F. Local #2311: ~~~ . ^ U. Report with CH2M HILL V. Aaarove Contrast for the Survey Trraining Suaaort Services with JUB Engineers, Inc. for X5,858: ~f. Water Main Easement for Sakana Sushi by Sundance investments: Wardle: That brings us to Item 6, the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the Consent Agenda, as I stated earlier, item W has been - a resolution for the adoption of the records retention schedule has been asked to be tabled to January 23rd, 2007. We do have I see now Resolution O6 - Item P is a resolution 06-542 and with that I move we pass the revised Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Mr. President? Meridian City Council December 19, 2006 Page 5 of 28 Wardle: Mr. Rountree. Rountree: On Item N you have before you a letter from the Public Works director in order to move forward with that particular contract there needs to be a line item budget adjustment of a half a million dollars within the Public Works budget between the water -- wastewater budget and the special project sewer extension and with the approval of the Consent Agenda I would ask you that you consider that request. Wardle: We've had a second to the motion with the addendum. Bird: The maker agrees. Wardle: A procedural question. That would be to approve that a line item adjustment be brought forward for consideration for that to be approved at this point. Rountree: The line item adjustment that you have before you in the memo be approved at this point. Wardle: Okay. Council, I would consider that part of the motion and note the memo from Public Works dated the 19th. With that, Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 5: Special Recognition to SFC Daniel J. Salvesen: Wardle: Madam Mayor, we moved Item 5 to your report, so -- De Weerd: Okay. Thank you. Council, Item No. 5 wilt be done after the beginning of the year as a January 2nd item and we look forward to that special recognition at that time. De Weerd: Okay. Item 6 is the Consent Agenda. Rountree: We just did it. Bird: We've already done that, Mayor. De Weerd: Oh, you just did it. You skipped five. Wardle: Yes. Item 7: Department Reports: City of Meridian, Public Works Engineering InferOffice Memo Toe Tara Green Frois Kane Glenn Cil~ Datae 1/12!2007 Ree Original /Recorded Does for Vault 107005520 1/12/2007 WATER ,~~~ ~~r;~ ~ 7 zoos amity Ot' 1~leridian City Clerk Office Sndance Investments Sakana Restaurant easement From the dealt of... Kane A (31enn ~ ~ ~' PubNc Works: Engineering Division 880 E Watertower Ste 200 Merirrran, Idaho83642-2800 (~) 8,98-x600 Fax: (206) ~8-9661 • Page 1