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Water Main Easement with Franklin Stratford Investments, LLC for Sunbelt Rental Building (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/20106 01:35 PM DEPUTY Gail Garrett ll I I I II II I II I' Il I II 11 l) VIII I III I I'll RECORDED—REQUEST OF 10116L71 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this r, day of June, 2006, between Franklin/Stratford Investments, LLC, an Idaho limited liability company, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter na.rticularly 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant, and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, and replacement of a water main over and across the property described on Exhibits A-1 and A-2 and depicted on Exhibits B-1 and B-2, attached hereto and incorporated herein by reference. 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 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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted 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 Sunbelt_EASMT_WTR MAIN -1-1 Page THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: FRANKLIN/STRATFORD INVESTMENTS, LLC, an Idaho limited liability company, By: ARobeA. Russell, Manager STATE OF IDAHO : ss. County of Ada ) On this 1-111, day of June, 2006, before me, a Notary Public in and for the state of Idaho, personally appeared ROBERT A. RUSSELL, known or identified to me to be the Manager of Franklin/Stratford Investments, LLC, an Idaho limited liability company, and the person who subscribed the limited liability company's name to the foregoing instrument, and acknowledged to me that the limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificatd'fir" 1h%e written. kq 4•, NO'Igky 7�A0 1i t C �; Not ry ublic f a o '•.� ding a . ..�na, Idaho P�0 My Commission Expires: 10- - 11 PF' 1U �•• �► i u l I r r rrriii Of GRANTEE: CITY OF MERIDIAN\\�,�`�.�'{ lz Tammy de Wer ,ayor Attest by William G. B g, tyjrk Approved By City Council On: 11J Water Main Easement Sunbelt_EASMT_WTR MAIN -1-1 Page—c� STATE OF IDAHO ss. County of Ada ) On this 1t' day of ane, 2006, 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: /; -": j l �i°4 , Commission Expires: Water Main Easement Sunbelt_EASMT_WTR MAIN -1-1 Pages.N�.1_.A�.,..:, TEALETS LAND 2501 Bogus Basin Rd. • Boise, I SURVEYING (208) 385-0636 Fax (208) 385-0696 I NE CORNER LOT 31 I" Z Z Z LV m LL F— Z —w- 0 -0 0Y Z J Z Q LL F— Q w I I a S 00'39'36' E 20.00' O N � co m F in i I j p I l m m iv I � N Go IN S 00.39'36' E 3 20.00 O • N O.' Q p N.N a` 20.00 co N 00'39'36" W rn I w I � I N S N E ao ! z I j mI I ca m N_ I N ' � 1 J I / m O J 2979—drn.dwg 06-05-06 09:04:23 dmorks "Gd EXHIBIT "B-1" 9PR 1'311 EXHIBIT OF R° WATER LINE EASEMENT I SUNBELT EQUIPMENT RENTAL A PORTION OF LOT 31, BLOCK 2, HONOR PARK SUB. No. 3 THE NW 1/4, SECT. 18, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 20 40 80 I NINE SCALE IN FEET --•-- IN = 40' QPRc�3 RO, PROPOSED SUNBELT EQUIPMENT RENTAL N 00.40'03" E 219.46' DEVELOPER /OWNER: FRANKLIN/STRATFORD INVESTMENTS, LLC 8585 E. HARTFORD DR., SUITE 500 SCOTTSDALE, AZ 85255 53 m= =M-i=� T TEALEY'S LAND SURVEYING Project No.: 2979 Date: June 5, 2006 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385.0636 Fax (208) 385-0696 EXHIBIT "A-2" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT2 FOR SUNBELT EQUIPMENT A parcel of land being a portion of Lot 25 of Block 2 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Pages 8191 and 8192 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 114 of Section 18, UK, RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northeast comer of Lot 31 of said Block 2; thence along the East line of said Lot 31 South 00°39'36" East 20.00 feet to a point; thence along the South line of said Lot 31 which line is also the North Line of said Lot 25 South 89°20'24" West 139.61 feet to the POINT OF BEGINNING; thence leaving said North line at right angles South 00039'36" East 8.00 feet to a point; thence at right angles South 89020'24" West 20.00 feet to a point; thence at right angles North 00°39'36" West 8.00 feet to a point on said North line of Lot 25; thence along said North line North 89020'24" East 20.00 feet to the POINT OF BEGINNING; 2979-Water-Ease-2-desc.doc - dnm 90 i I NF CORNER, LOT 31, BLOCK 2 b V a S 00'39'36" E 20.00' � W N I I i i I I i s I `01 i s i � in — I s 't I N m I N co NS 00.39'36" E 18.00'3 N MTO Q NO O N',� �N CD m 8.00' vn N °0 N 00.39'36" W N aD f I z i s t { _I � N t N+ N. 1� 0 20 40 80 SCALE IN FEET ---- I" = 40' Ocl IV v 0 0 m PROPOSED SUNBELT EQUIPMENT RENTAL N Y I NW CORNER 0 1 I PARCEL "H" ro ROS 7377 J N 00'40'03" E 219.46' P PRc> 311 O DEVELOPER /OWNER: FRANKLIN/STRATFORD INVESTMENTS, LLC 8585 E. HARTFORD DR., SUITE 500 SCOTTSDALE, AZ 85255 El - Page L__a�L Meridian City Council July 11, 2006 Page 3 of 64 requirement for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz — 608 West 3rd Street: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest corner of Ustick Road and Eagle Road: Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-018 Request for Annexation and Zoning of 20.01 acres from RUT to R-4 (Medium Low Density Residential) for Incline Village Subdivision by Incline Village, LLC — north side of Cherry Lane west of Black Cat Road: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-016 Request for Preliminary Plat approval of 64 single-family residential lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC — north side of Cherry Lane west of Black Cat Road: K. Water Main Easement Agreement for Sunbelt Rental Building by Franklin / Stratford Investments: L. Contract for Installation of Linder Road PRV with Star Construction: M. SHP 06-005 Request for Short Plat Approval of Silverstone Square Condominiums Consisting of 22 Condominium Units on 2 Parcels of Ground on 2.32 acres in a C -G zone by Chris Anderson of Sundance Investments Limited Partnership: N. Agreement for Professional Services for a Programming Company to Set Up Online Services for Department with Matraex Application Programming: De Weerd: Is there anyone in the audience that are here for either of those items, Items 13 and 14? We apologize that -- staff, do they have a reason for their request to continue? Bird: They just got the staff report. Meridian City Council July 11, 2006 Page 4 of 64 De Weerd: So, the request is to continue that to July 25th? Bird: Yes. De Weerd: We apologize for this inconvenience to the citizens who have come. It's hard to give testimony without an application. Again, we apologize. Canning: Madam Mayor, someone provided me with a CD. De Weerd: Is there anyone who is leaving the room that gave staff a CD? Okay. Will will find out. Bird: Madam Mayor? De Weerd: Yes. Bird: With that I'd move that we, on the Consent Agenda, we pull Item H to the regular - - make it 7-H and the rest of the items that we approve and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of H to seven. Any discussion? Roll call, please. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. City Council President — Shaun Wardle 1. Discussion and Clarification of Downtown Streetscape Plan: De Weerd: The first item under Department Reports, I will turn this over to Councilman Wardle. Wardle: Thank you, Madam Mayor. We had a presentation yesterday in regard -- in conjunction with the Ada County Highway District in regards to our proposed streetscape plan by the Meridian Development Corporation. I wanted to take just a moment to ask if there are specific questions or comments from the City Council. The Meridian Development Corporation will be gathering information, will be discussing this next Wednesday at their regularly scheduled meeting, which is moved from tomorrow