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Sanitary Sewer and Water Main Easement with Kimball Properties Limited Partnership for Dorado Subdivision (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 03/20/06 04:25 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII City of Meridian 1 ~~~~~~~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~'~' day of ~~, 201 between Kimball Properties Limited Partnership, 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 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 the right-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 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 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. 18196-Sanitary Sewer and Water Main Easement 1 ~. P,.~_...~..~._~..---_ 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. GRANTOR: Winston Moore, ne STATE OF IDAHO ss County of Ada ) On this 1 ~ day of 1-~QYC1n , 20 blo, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Moore , known or identified to me to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fi~~~~~~n. ~~(r iv~,l.l.[ ) n rn ~.J ;' ~OTARy ~~; * ; ~, ~ ' * . NOTARY PUBLIC FOR IDAHO PUBLIC = Residing at:~(~,y lLi~a~ '% '•.._ _.~ ~ ~.~ Commission Expires: 0 (- I~ - 2n l Z GRANTEE: CITY (1~"'lV'i'L~1~DIAN 18196-Sanitary Sewer and Water Main Easement P._~ ..g Tammy de Weerd, Attest by William G. Berg; City Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ~~`~~~~s~~~i~f~i~~J~`rJ, a 1r. / F_.. f._ . r On this~day of ~;~~ ~ti~~ C,(,~ , 20U~ 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. ~~~ ~~ ~~ ~i (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: {'~~ (~Gl ~~~'~ Commission Expires: /(~-~ ~ -// 18196-Sanitary Sewer and Water Main Easement Pam ~ ~ ~ .. DESCRIPTION FOR MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION MARCH 9, 2006 AN EASEMENT LOCATED IN THE SE'/4 OF THE SE'/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., B.M., THENCE S 89°46'18" W 281.90 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00°00'00" E 54.50 FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°02'21"E 220.51 FEET TO A POINT; THENCE S 90°00'00" W 26.73 FEET TO A POINT; THENCE N 00°00'00" E 153.10 FEET TO A POINT; THENCE N 90°00'00" E 10.00 FEET TO A POINT; THENCE N 00°00'00"E 10.00 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE N 00°00'00" E 248.91 FEET TO A POINT; THENCE N 90°00'00" E 10.00 FEET TO A POINT; THENCE N 00°00'00"E 20.00 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE N 00°00'00" E 33.73 FEET TO A POINT; THENCE S 90°00'00" W 95.92 FEET TO A POINT; THENCE N 00°00'00" E 5.95 FEET TO A POINT; THENCE S 90°00'00" W 248.10 FEET TO A POINT; 18196SEW-WAT ~a~ THENCE S 00°08'01" W 151.28 FEET TO A POINT; THENCE N 89°51'59" W 10.00 FEET TO A POINT; THENCE S 00°08'01" W 10.00 FEET TO A POINT; THENCE S 89°51'59" E 10.00 FEET TO A POINT; THENCE S 00°08'01" W 383.47 FEET TO A POINT; THENCE S 90°00'00" W 160.02 FEET TO A POINT; THENCE S 00°00'00" W 20.00 FEET TO A POINT; THENCE N 90°00'00" E 159.98 FEET TO A POINT; THENCE S 00°08'01" W 134.94 FEET TO A POINT; THENCE N 89°46'18" E 30.00 FEET TO A POINT; THENCE N 00°08'01" E 154.82 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE N 00°08'01" E 524.75 FEET TO A POINT; THENCE N 90°00'00" E 208.15 FEET TO A POINT; THENCE S 00°00'00" W 5.95 FEET TO A POINT; THENCE N 90°00'00" E 95.92 FEET TO A POINT; THENCE S 00°00'00" W 115.74 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE S 00°00'00" W 330.00 FEET TO A POINT; THENCE S 90°00'00" W 121.00 FEET TO A POINT; THENCE S 00°00'00" W 20.00 FEET TO A POINT; THENCE N 90°00'00" E 137.71 FEET TO A POINT; THENCE S 00°02'21" W 200.67 FEET TO A POINT; 18196SEW-WAT P'g~-..p~. 0 ._. THENCE N 89°46'18" E 40.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. L~~ MICHAEL E. MARKS, P.L.S. N0.4998 ~.~ ~IVo ~~4ELE• 18196SEW-WAT EXHIB T "B-1 " INTERSTATE-84 EASTBOUND OFF RAMP N. ~~ Z (/) 0 m N } Z NJ~/ '1.7. ,____________ L___________~~ --~-14-------------- J L-12 I r-------'------------------1-------- I~ I I L-28 °' L-30 ~ ~L-10 N ,rn I I J 1 J J U'JI I I i t I '?; I L-8 ~I I JI I 1 I I I I I I I I I I I -1;6 ; L-321 j 1 J I ' ' I 1 1 'L ~ 1 1 1 /4 CORNER17~16 ~~ ~~ ;~Io ~ . M ~~ mIO N i O 3iz ~ o ~l¢ alp O I J ' Z I Q wlw zjw J . Z I I I 1^ Z I _J -118 I I I ~ o I~ N J ~, J PROPOSED DORADO SUBDIVISION I I J ~ H ;MERIDIAN ~; w ;EASEMENT fit, i I I i •~ MI IL-6 I Q JI ~~ J ~ 1 ~, ~ I ~ I ~L-4 I I iw ~~ 1~ IJ 'nr----- ~ -34 -----' L~ -? MI JL_________________l I L-36 I Q ~~~~~~~ i ~~ I I V ~ _ I ~L-26 N (____________________~ ,~ 1 J ~~--------L-22--------~ I I I I MI ~ ~ MERIDIAN EASEMENT ;N JI W ~ NI iJ JI I I O I I I I I 1 J I I I I I IL ~ I 1 N ~~~~~~~~~~ L-24 17 a-- r-~-----~---~------------~--~---._._._._._._. 20 SECTION LINE S 89'46'18"W 2656.73N 00'00'00" E OVERLAND ROAD s4.so' 1/4 CORNER Z a J Z O " REVISIONS 02/27/06 03/09/06 O a 0 DRAWN: MEM MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION IN SE 1 /4 SECTION 17, T.3 N., R.1 E., B.M. ADA COUNTY, IDAHO DATE: 10/ 14/05 SCALE: NTS j J I ~ ! i W J i 62' I I '~~ -~ I I ____zs1_so'____,_17~16 20 21 Stanley Consultants ~~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 18 0 City of Meridia~t, Public Works Engineering /nterOfl9ce Memo The Tara Gn~en Frame Kane Glenn D 3/21/2006 Ree Original ! Recorded Rocs for Vast SEINER & 106042307 3/20/2006 WATER Kimball Properties Ltd Dorado ~~ ~E~~~ 1NAR 2 3 2006 city uf~meria~as, City Clerk Office easement Fran the desk of... Icar;e a c;~er~ Dep<. Speclarst S~ervlsor Pu~icworlRS: E-~gineeringDmsior, 880 E Wa~tertawer She 200 Merman, Idaho 836~t2-2800 (~ 8965fa00 Fax: (20811399551 • Page 1 Meridian City Council March 14, 2006 Page 3 of 76 H. Development Agreement: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC -North Meridian Road and West McMillan Road: Dorado Subdivision by Kimballl Properties Limited Partnership: J. Contract for Black Cat Lift Stati,~n and Trunk Sewer Authorization for Additional Serviy~es No. 6 with JUB Engineers, Inc. K. Easement Agreement for Gateway Monument with G&H Enterprises: L. Award of Bid for Park Landscape Ma~tenance Services with Iron Creek, LLC, DBA Metcalf Landscape Contractors: De Weerd: Okay. The Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the removal of Item C, D, E and G to 7 C, D, E and G and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda as amended. 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. Mayor's Office: 1. Budget Amendment for Desk for Part-Time Office Assistant: